The Famous Bull IN CAENA DOMINI, Published at ROME every Maunday Thursday against Hereticks, and all Infringers of Ecclesiastical Liberties.

With a PREFACE containing some Reflecti­ons on the Bull, and Animadversions on the late Account of the Proceedings of the PARLIAMENT of PARIS.

[printer's or publisher's device]

Printed in the Year. 1688.

PREFACE.

AFTER so many and so loud Out-cries against that just and necessary distinction of Old and New Popery, which the late Artifices and shiftings of our Adver­saries have enforced the Divines of our Church to observe and publish; after so many vehement Protestations a­gainst the reality of any such distinction, and confident asserti­ons of the entire Conformity between the Doctrine of the pre­sent Church of Rome, or rather some few Emissaries of it, and that of the immediately precedent Ages, so many new Systems, Representations and Expositions of the pretended Catholick Doctrine; it might have been justly expected that the Faith and Doctrine, if not of the present and precedent Age, yet at least of all National Churches at this day in Communion with the Church of Rome, should be perfectly conformable and inva­riable. For the Opinions of the precedent Age may be in­deed falsly represented to us, the truth of them may be ob­scured by cunning Artifices and Illusions, or evaded by a bold and obstinate Denial; but the Doctrines and Practice of the present Time cannot be dissembled, nor without too manifest an affront to Truth, be denied by these Gentlemen of the Mission, who may perhaps confound our Reason, but can ne­ver delude our Senses.

That this distinction is both just and real, needs no other Argument, than the known and confess'd distinction between French and Italian Popery. For, since the Patrons and Defenders of both these Parties appeal to the belief of the Church in the precedent Age; since both propose Tradition as the Rule of their Faith, and challenge to themselves the Consent and Suffrage of that Rule; since both their Pleas cannot be allowed, and one Party must necessarily have departed from the true, ancient, and genuine Popery; it evidently follows, that as one [Page] Party conserves the Old, so the other hath framed a New sort of Popery. I know it is commonly pretended that these diffe­rences are of small moment, neither essential to Christianity, nor to the Doctrine of the Church of Rome, that either side may be safely believed, and neither renders any Man either less Orthodox, or more Heretical. But certainly these Pre­tences are no other than Protestations against matters of Faith, since not only the Subjects of these different Doctrines are Matters of the greatest moment and concern, but attended with all the solemn Characters and evident Marks of the most mo­mentous Articles of Faith; I mean an infinite Zeal and Con­cern of each Party for the defence and propagation of their own Opinion, and condemning the contrary Doctrine as a Crime worthy of Excommunication and Anathema, which are never supposed to be inflicted on Opinions of an indifferent na­ture, and free from all Contagion of Heresy or Schism.

If then the Pope and Italian Divines will not allow those of France to be truly Orthodox and Catholick, if they think them unworthy and incapable of Ecclesiastical Dignities and Promo­tions, and daily issue out Excommunications against such Pra­ctices as the Church of France is manifestly known to act, allow and command; if on the other side, the French Clergy so far return the Accusation as to attaint the Pope of Heresy, to de­clare his Censures rash, unchristian and destructive of the Church, and himself ipso facto excommunicate; certainly we must renounce all Sense and Reason to imagined these to be no more than verbal Differences, Scholastick Nice­ties, and Opinions of private Divines, which may be safely either rejected or received. That Differences of this nature have arose between the Church of France and See of Rome, and those continued with great Heat and Animosity through several Ages, is manifest both from Ecclesiastical and Civil History. This indeed our Adversaries deny, but surely by the assistance of that wonderful Secret which can enable them confidently to propose the greatest Contradictions and Falsities, and then effectually secure them from blushing at them. The Violence and Cruelties practised upon many thousand Prote­stants of France have been acted within a few Months in the view of the World and the face of Mankind; yet there are not wanting who decry all Relations of these Cruelties and [Page] Barbarities as the Calumnies and Fictions of Hereticks, and have added this to the other glorious Titles of Lovis le Grand, that he hath reduced his Subjects to the Profession of one Re­ligion by methods of Mercy and Gentleness. The present differences between the Courts of Rome and France, how con­spicuous soever, might have suffered the same fate, and with equal Reason have been denied; if Monsieur Barillon, the French Ambassador, had not, by endeavouring to vindicate his Master's Honour and the Justice of his Cause, obliged us with an Account of the Proceedings of the Parliament of Paris upon the Pope's Bull; an Account which as it is undeniable and unexceptionable to our Adversaries, so it abundantly evinceth what I have hitherto advanced.

The whole Church of France, and after them the Sorbon, have within a few Years defined and asserted the Fallibility of the Pope; and herein acted consonantly to the Principles and Doctrines of their Ancestors, who had constantly taught the same Doctrine, but never solemnly defined it. However, this Article is beyond the Alpes rejected with a no less contrary Zeal, and Infallibility of the Pope ranked among the Funda­mental Doctrines of the Christian Religion. For proof of this we need go no farther than the forementioned Account of the Proceedings of the Parliament at Paris, which assures us, that not only the Italian Doctors and Emissaries of the Court of Rome are employed carefully to propagate the Opinion of the Papal Infallibility, as if the belief of that Point were wanting to render France truly Catholick; but also that one third of the Episcopal Sees of France being now vacant, and the King having nominated to them some of those who assisted at the late Na­tional Assembly, wherein the Papal Infallibility was rejected, Persons as well recommendable for their Piety and Vertue as for their Knowledg and Learning, the Pope refuseth to grant Bulls of Confirmation to them on pretence that they do not make Profession of a sound or Orthodox Doctrine, because they doPag. 5, 23. not believe him to be Infallible, nor like the Italian Doctors, attribute to him the Title of Universal Monarch. Which evi­dently demonstrates, that the Papal Infallibility is esteemed a necessary Doctrine in Italy, and the denial of it incompatible with a sound and Orthodox Belief of the Catholick Faith; since Scholastick Niceties were never known to incapacitate [Page] Men for Ecclesiastical Preferments, or cast them out of the number of Orthodox Christians.

The Primacy of the Pope is a matter of no less moment. How far it extends is indeed controverted among Roman Catho­licks; but that some Power was assigned by Christ to St. Peter and his Successors over all Members of the Christian Church, is the common Principle of all, proposed by them as the only Center of Unity, and a Doctrine necessarily to be received by all Catholicks. Whatsoever this Power is, it being of Divine Institution, cannot be annulled or restrained by any General Council, much less by the Laws and Edicts of the Civil Power, but may be exercised independently from both. If then any Church refuseth any Obedience or Submission to the Commands of the Pope, unless they be conformable to the Canons of Coun­cils, and ratified in the first place by the Civil Power; they thereby declare an intire Disbelief of any Power committed to the Pope by Divine Institution. For however they may pretend Councils to be Infallible, and consequently inerrable in fixing the limits of the Papal Power (although even according to this supposition the Papal Power not being antecedent to General Councils, could have no existence in the three first Centuries, when no such Councils were held) yet this Infallibility cannot be pretended to be inherent in the Civil Power. The Tempo­ral Prince may possibly be an Atheist, an Apostate, or an Here­tick; may forbid all Obedience to be paid even to the most just Commands of the Pope, and deny to ratify such Orders as do naturally flow from the execution of that Commission which Christ hath given to the Pope. If the Pope hath indeed any such Divine Commission, he may and ought to execute it in spight of all opposition of the Civil Power; and if he exceeds not the bounds of his Commission, he ought to be obeyed by all faithful Christians, although the Civil Power, far from ratifying his Commands, should even forbid them to be obeyed. No pri­viledg can exempt us from this Duty, nor any humane Law dis­pense with the Obligation of it: yet the Church of France pre­tends, and constantly averrs that no Obedience is due to any Commands of the Pope of what nature soever, until they be first ratified and confirmed by their Prince. This pretence was not started of late, but hath been introduced and continued for several Ages, being the grand Principle of the so much famed [Page] Liberties of the Gallican Church, a Principle which can no o­therwise be maintained than by disowning and disclaiming all Divine Institution of the least Papal Power; and accordingly we are told in this account that the boundless and arbitrary Au­thority of the Pope hath been the Source of almost all the incu­rable mischief with which the Church is afflicted; that his Pow­erPag. 13, 15, 22, 9. reacheth no farther than the Diocess of Rome, and his Patri­archship than the neighbouring Provinces stiled Suburbicarian; that it would be very advantageous that all Ecclesiastical Mat­ters were transacted in the Kingdom, without ever being obliged to have recourse to Rome; and that an Ambassador of France, executing his Master's Orders, cannot thereby incur Ecclesiasti­cal Censures; although none will deny that Ambassadour may possibly in obedience to his Master's Commands oppose even that Authority of the Pope, which was lawfully invested in him by Christ, if any such there be.

But not only doth the Church of France hereby disown the Divine Institution of any Papal Power, not only doth she declare the Thunders of the Vatican to have nothing formidable, to be transitory Fires, which exhale into Smoke, and do neither hurtVid. pag. 19. nor prejudice save to those who darted them; but affirms the Pope to be a Favourer and Patron of Hereticks, ipso facto excom­municate, and no Member, much less Head, of the Catholick Church. He is accused to have maintained converse and corres­pondence with the condemned Disciples of Jansenius, ever sincePag. 27. he hath been seated in S. Peter's Chair, to have spoken in the highest degree in their praise, and declared himself their Pro­tector, [...]nd thereby so far to have endangered the Peace of the Church, that nothing less than the foresight and cares of Lovis le Grand could restore or conserve it: that he favours the Quie­tists, and connives at their Heresy; underhand espouseth their Party, and protects their Persons. He is denounced Excommu­nicate upon this ground, That he who without lawful cause, and through humane motives, undertakes to suspend one of the Mem­bers of Jesus Christ, from the Communion of the Church, dothPag. 12. separate himself from it by such an unjust Attempt. Nay far­ther, he is declared by the ill exercise of his Power, to have lostPag. 37. the Power of binding and unbinding, and thereby in effect to have fallen from the Papacy and to be deposed. Alas, that In­nocent XI, whom our Missionaries represent to us as the grand [Page] Pattern of Apostolick Vertue and Holiness, should at last be convicted of Heresy, and proved to be no Member of the Church▪ He hardly escaped last year from being condemned as a Quietist in the Inquisition of Rome; and now, (alas poor Man!) instead of enjoying that Honour, which he hath so ambitiously courted, of suffering Martyrdom in defence of the Church, he may perhaps be burnt for an Heretick, as soon as Lovis le Grand shall pleasePag. 7. to execute that Right, which he pretends to have to make him­self known in the quality of his Sovereign.

It cannot be pretended that these are matters of light moment in themselves, but unhappily at this time heightned into great differences by the ill Conduct and false Zeal of an ignorant and stupid Pope; since his Actions are grounded upon, and upheld by the famous Bull in Coenâ Domini: which himself refers to, and the Parliament of Paris upon that account decrieth with so much indignation, telling us, that if this Decree, whereby the Popes declare themselves Sovereign Monarchs of the World, be legi­timate,Pag. 11. the Majesty Royal will then depend upon their humour, all their Liberties will be abolished; the Secular Judges will no longer have the Power to try the possession of Benefices, nor the civil and criminal Cause of Ecclesiastical Persons. All this is indeed literally true, and the natural consequence of that Bull. But then this alone abundantly manifests the Justice of our Charge, and the real difference of the Doctrines of the Churches of France and Italy in matters of the greatest moment. In France this Bull is esteemed impious, unjust, and uncanonical, deroga­tory to the Rights of Princes and Priviledges of national Chur­ches, contrary to the Laws, and destructive of the Christian Church. At Rome it is accounted sacred and inviolable, ratifi­ed and confirmed by more than twenty Popes, whose Names and Constitutions are prefixed to the Bull, published with the greatest Solemnity imaginable every Maunday Thursday, the Infringers and Violators of it declared ipso facto excommunicate, and Priviledges and Dispensations to the contrary annulled and made void; and all this, as the Preface of the Bull assureth us, to preserve the Unity and Integrity of the Faith, to teach all private Christians what they are certainly to believe, and by preventing their Fluctuation and Mistakes in Faith, to secure to them the attainment of eternal Salvation.

After this Bull hath been Enacted and confirmed by so many Popes, promulged so often and so solemnly, so exactly executed and put in practise by the Church of Rome, proposed as the Standard of Catho­lick Doctrine, and appealed to by this present Pope in the Contro­versies depending between him and the Court of France; it cannot be any longer doubted that all matters whether of belief or practise contained in it are esteemed necessary to Salvation by the particular Church of Rome. This also the punishments annexed to it evidently demonstrates, Excommunication and Anathema being ipso facto incur­red by the violation of any part of it. For the very nature of these Excommunications supposeth that the persons offending do by that very act cease to be Christians or Catholicks, and disown themselves to be so, and that the action to which this punishment is declared to be annexed, is directly contrary to Faith, and destructive of it. If after all, the Doctrines of this Bull be denied to be justly charged up­on the Church of Rome; it might with equal reason be pretended that the ancient Commonwealth of Rome could not be justly accused of Idolatry, or the worship of false gods, altho she established that worship with severe Laws, maintained the exercise of it with the pub­lick Revenues, punisht the neglect of it with great strictness and seve­rity, and made her addresses to those false Deities upon all great oc­casions and affairs of State; because some few Philosophers opposed the general opinion, contemned their Ceremonies, and disapproved their worship.

Many and large Observations might be drawn from this Bull disad­vantageous to the Doctrine and Discipline of the present Church of Rome. But I will here take notice of no more than two. And first, Popery is commonly represented by the Reformed Divines as injuri­ous to the Rights of Princes, and promoting Sedition and Rebellion. That the lawfulness of the Deposition of Princes hath been often de­fined by Popes and Councils, and put in practice by them, cannot be denied; but then it is pretended that it was not defined dogmatically, nor as a matter of faith, that their definitions are misrepresented by us, and were never received nor allowed by the Universal Church. However the justice of our Charge is sufficiently manifested by this Bull, which asserteth and maintaineth the Independency of the Cler­gy from the Secular Prince, by forbidding the Civil Power to appre­hend, imprison, vex, summon, tax, fine, or exercise any Act of Au­thority over Ecclesiastical persons, upon pain of Excommunication and Anathema. Now Deposition of Princes by the Papal Authority, and exemption of the Clergy from any obedience to them, by reason [Page] of their immediate subjection to the Pope, being both founded upon the same principle of injustice and usurpation, do mutually infer each other. Nay to exempt the whole Clergy from the obedience of their Natural Prince, doth actually devest him of all authority of one part of his subjects, and deprive him of one half of his Kingdom, especially in those Countries where the Clergy and Regulars are vastly numer­ous, as in all places where Popery obtains, or where they possess a great part of the Revenues of the Kingdom; the Secular Prince be­ing not only forbidden to impose any Taxes upon the Clergy, or their Revenues, but also even to receive them when voluntarily offered without an express License from the Court of Rome. If after all this the Romish Emissaries will pretend to true and real Loyalty, and ac­knowledg their subjection to their Natural Prince, they must first own themselves to be Excommunicated persons, and lay down the name of Roman Catholicks. But we have reason to believe that our English Mis­sionaries intend no such acknowledgment; since they have with so much pomp lately revived the Festival of St. Thomas Becket, who died in defence of this Trayterous Position, That the Clergy owe no Sub­jection to the Secular Power.

In the next place it may be observed, that the greatest part of this Bull is employed in Excommunicating and Anathemat [...]zing all those who any ways presume to intermeddle in the cognizance of Ecclesi­astical matters, or interrupt the proceedings of Ecclesiastical Courts by Prohibitions, Appeals, or any Evasions of the like nature; or who give aid, advice, or consent thereto. All this is worded with such scru­pulous nicety and exactness; that it is impossible to be avoided by any subtile Evasions, and then the Excommunication incurred can be taken off and absolved only by the Pope himself, except at the point of death, and then only when eminent signs of true repentance and assurance of full satisfaction are given. Notwithstanding such express prohibition and denunciation of Anathema's, it is notoriously known that all Popish Princes do intermeddle in judging Ecclesiastical Causes; that particularly in France the Spiritual Courts are almost wholly rendred useless and debarred from exercising their Authority by fre­quent Prohibitions from the Secular Court, and that in Sicily all Ec­clesiastical Matters and Causes are decided by the sole Authority of the King of Spain and his Commissioners; not to mention examples and practises of the like nature in other Popish Countries. From whence it follows that by vertue of this Bull all these Princes, their Counsellors, Parliaments, Lawyers, and Adherents, together with all who procure, execute or consent to these Prohibitions and Impe­diments [Page] of Ecclesiastical Justice, stand Excommunicate by the Pope, and are really no Members of the Church of Rome.

No Priviledg or Exemption can in this case be drawn from anci­ent Immunities, Pragmaticks or Concordats, which the Parliament of Paris, so much insist on; since the Bull proceeds with a Non ob­stante to all these, and declares them Null, whensoever they oppose the Contents of the Bull. Nay, decreeth that whoever recurs to them, thereby to elude the Obligation of the Bull, shall thereby ipso Facto become Excommunicate, altho he should in no other case have in­curred that Punishment. In vain, therefore doth the Parliament of Paris oppose the Liberties of the Gallican Church, the Pragmatick of St. Lewis, and Concordat of Lewis the XI. and Francis to the present Attempts of the Pope, and his Excommunication of the Mar­quis of Lavardin. For the Pope having wisely grounded his Proceed­ings upon the Bull in Caena Domini, which annuls and abolisheth them all, the Parliament must either forego their Plea, or their pretence of retaining Communion with the Church of Rome. By the same Ar­tifice the Pope hath cut off the Advocates Appeal to a future Coun­cil. For the Bull declareth that all who make, admit, favour, or countenance any such Appeal, shall incur Excommunication. Thus also the Argument of the Invalidity of the Excommunication of the Embassador, drawn from the Omission of his Name in the Papal In­strument, falls to ground. For the Bull hath particularly provided for this Case, and decreeth that all Violators of it, of what Dignity soever, shall be as effectually Excommunicated, as if they had been particularly named in it.

If then all the Violators of this Bull, are ipso Facto Excommuni­cated; and all, or at least almost all the Popish Princes of Christen­dom, together with the greatest part of their Subjects, are open and manifest Violators of it, it follows that we have very false Notions of Popery, when we imagine it a large and diffusive Sect; that vast and numerous Schisms are entertained, and lay undiscerned in the Bo­som of the Church of Rome; that the Primacy of the Pope instead of being the Center of Unity, is indeed the Fountain of Schism; and that among many Papists, there are few Catholicks. For if, as our Adversaries commonly define it, the Catholick Church be the Colle­ction of all Christians in Communion with the particular Church of Rome, whosoever are Excommunicated by the Pope, cease to be in Communion with the Church of Rome, and consequently in their Opinion, cease to be Catholicks. They may indeed still remain Members of the truly Catholick Church; but then a true Notion of [Page] Catholick Church must be allowed, and the former must be dis­carded. But then the Church of England may also put in her claim for Catholick, and the grand Argument of our Adversaries against her Reformation, will be totally dissolved. However it manifestly appears that this Bull hath shut most Papists out of the Bosom of the Church, and reduced the Church of Rome to very narrow Limits.

Whenever, therefore our zealous Missionaries exaggerate to us the extent of their Church, and urge the glorious Title of Amplitude in favour of it, we may justly reject it; it not certainly appearing, who may be properly called Roman Catholicks, since this, and other Bulls of the like Nature, which inflict ipso Facto Excommunications, deprive vast numbers of Men, whole Societies, and perhaps King­doms, of Communion with the Church of Rome; or if we in any manner allow their Argument, we must first require them to substract from their account all whom the Pope in this Bull doth Excommu­nicate, and thereby puts in the same Condition with Turks, Infidels, and Hereticks. We have one request more to them, that to facili­tate the Conversion of three Kingdoms, they would obtain of the Pope an Abolition of this Bull, or at least of that Clause of it, which Excommunicates all Secular Persons who possess Church Lands. For since out of the abundance of their Generosity they have been pleased to assure to us the quiet Possession of Abby-Lands, it remains to com­pleat their kindness, that they set us right in the Court of Rome, as well as that of Westminster. Otherwise it will be an eternal Obstacle to the Conversion of the Possessors of these Lands, if the Curses of our Holy Father the Pope, be plentifully showred down upon them every Maunday-Thursday; and they must entrust their Souls to the Pope for no other end, than that he may deliver them up to the Devil.

Ex Bullario Laertii Cherubini, Romae 1638. TOM. III. p. 183.

Constitutio Pauli V. 63.

EXcommunicatio & A­nathematizatio quo­rumcun (que) Haeretico­rum, eorum (que) fau­torum ac Schismaticorum, vel Ecclesiasticam Libertatem laedentium, aut quoquo mo­do dispositis in hac Bulla, de more in die Caena Domini publicare solita, contraveni­entium.

Quoad omnia quasi Capi­tula hujus Bullae (ultra Ex­travagan. 3. Pauli II. & Ex­travagan. 5. Sixti IV. in tit. de Paenitentia & Remissioni­bus) habes supra Constitut. 1. Ʋrbani V. fol. 215. Constitut. 25. Julii II. f. 482. Constitut. 10. Pauli III. f. 522. necnon Constitut. 81. Gregorii XIII. f. 348. l. 2. Aliorum autem Bullas ejusmodi Caenae Domi­ni nuncupatas volens praeter­misi, his duntaxat contentus, [Page 2] ex quibus pro temporum conditione Romanos Pontifi­ces aliquid immutasse cognos­catur. Non tamen postha­bui proxime indicandas, uti apprime necessarias, & super hujus Bullae capitibus specia­liter editas.

Extat ergo in hoc Opere specialis edita sanctio Nicolai III. circa § primum hujus Bullae in ejus Const. 2. sup. fol. 143. & circa § 2. extat Const. 5. Pii II. f. 290. l. 1. Circa § 4. extat Const. 7. Pii V. f. 137. l. 2. Circa § 7. extat Const. 3. Nicolai V. f. 283. l. 1. Circa § 10. extat Canon Callisti I. in c. 23. caus. 24. q. 3. Circa § 11. respectu Cardinalium extat Const. 16. Leonis X. f. 420. l. 1. & alia 93. Pii V. f. 222. l. 2. Circa § 12 extat Const. 11. Alex­andri VI. f. 352. Circa § 14. extat Const. 2. Martini V. f. 239 & alia 17. Innocentii VIII. f. 343. ac altera 30. Leonis X. f. 440. necnon alia 39. Cle­mentis VII. f. 505. l. 1. & altera 19. Gregorii XIII. f. 290. [Page 3] l. 2. Circa § 15. multi sunt Canones in Corpore Juris, & extat Const. 10. Martini V. f. 247. Circa § 19. extat Const. 3. Ʋrbani VI. f. 222. Et Circa § 20. extat Const. [...] Joannis XXII. f. 174. & alia 3. Clementis VI. f. 212. alia 13. Leonis X. f. 314. & altera 11. Pauli IV. f. 595.

Alia hujusmodi Excommu­nicatio in die Coenae Domini Promulgari solita est in S. D. N. Ʋrbani VIII. Const. 62. Pastoralis infr. Tom. 4.

Paulus Episcopus, Servus Ser­vorum Dei, ad perpetuam rei memoriam.

PAstoralis Romani Pontifi­cis vigilantia & solli­citudo, cum in omni Rei­publicae Christianae pace & tranquillitate procuranda pro fui muneris officio assidue versatur, tum potissimum in Catholicae fidei sine qua im­possibile [Page 4] est placere Deo, uni­tate at (que) integritate retinen­da, maxime elucet: Nimirum ut fideles Christi non sint parvuli fluctuantes, ne (que) cir­cumferantur omni vento doctrinae in nequitia homi­num ad circumventionem erroris, sed omnes occurrant in unitate fidei & agnitionis Filii Dei in virum perfectum, ne (que) se in hujus vitae societate & communione laedant, aut inter se alter alteri offensio­nem praebeat, sed potius in vinculo caritatis conjuncti, tanquam unius corporis membra sub Christo capite, ejus (que) in terris Vicario Ro­mano Pontifice Beatissimi Pe­tri Successore, a quo totius Ecclesiae unitas dimanat, au­geantur in aedificatione, at (que) ita divina gratia adjutrice sic praesentis vitae quiete gaude­ant, ut sutura quoque beati­tudine perfruantur. Ob quas sane causas Romani Pontifices praedecessores nostri hodierna die, quae anniversaria Domi­nicaeCoenae commemoratione solennis est, spiritualem Ec­clesiasticae disciplinae gladium, & salutaria justitiae arma per ministerium summi Aposto­latus [Page 5] ad Dei gloriam & ani­marum salutem solenniter exercere consueverunt. Nos igitur, quibus nihil optabilius est, quam fidei inviolatam integritatem, publicam Pa­cem & Justitiam, deo autore, tueri, vetustum & solennem hunc morem sequentes;

§. 1. Excommunicamus & anathematizamus ex parte Dei Omnipotentis, Patris & Filii & Spiritus Sancti, au­ctoritate quoque Beatorum Apostolorum Petri & Pauli, ac nostra, quoscunque Hussi­tas, Vuichlephistas, Lutera­nos, Zuinglianos, Calvini­stas, Ugonottos, Anabapti­stas, Trinitarios, & a Chri­stiana fide Apostatas, ac om­nes & singulos alios Haereti­cos, quocunque nomine cen­seantur, & cujuscunque sectae existant; ac eis credentes, eorumque receptatores, fauto­res, & generaliter quoslibet illorum defensores; ac eo­rundem libros haeresin con­tinentes, vel de Religione tra­ctantes sine auctoritate no­stra [Page 6] & Sedis Apostolicae sci­enter legentes aut retinentes, imprimentes, seu quomodoli­let defendentes, ex quavis causa publice vel occulte, quovis ingenio vel colore; necnon Schismaticos & eos qui se a nostra & Romani Pontificis pro tempore exi­stentis obedientia pertinaci­ter subtrahunt vel recedunt.

§ 2. Item, Excommuni­camus & anathematizamus omnes & singulos, cujuscun­que status, gradus, seu condi­tionis fuerint, Universitates Collegia & Capitula, quo­cunque nomine nuncupen­tur, interdicimus, ab ordina­tionibus seu mandatis nostris ac Romanorum Pontificum pro tempore existentium ad Uni­versale futurum Concilium appellantes; necnon eos quo­rum auxilio vel favore appel­latum fuerit.

§ 3. Item, Excommuni­camus & anathematizamus omnes Piratas, Cursarios ac Latrunculos Maritimos, dis­currentes Mare nostrum, praecipue a Monte Argenta­rio usque ad Terraciuam, ac omnes eorum fautores, recep­tatores & defensores.

§. 4. Item, Excommuni­camus & anathematizamus omnes & singulos, qui Chri­stianorum quorumcun (que) na­vibus tempestate, seu in trans­versum (ut dici solet) jacta­tis, vel quoquo modo nau­fragium passis, seu in ipsis navibus, sive ex eisdem ejecta in Mare, vel in littore in­venta, cujuscunque generis bona, tam in nostris, Tyrrheni & Adriatici, quam in caeteris cujusque Maris regionibus & littoribus, surripuerint; ita ut nec ob quodcunque Privi­legium, Consuetudinem, aut longissimi etiam immemora­bilis temporis possessionem, seu alium quemcunque prae­textum excusari possint.

§ 5. Item, Excommuni­camus & anathematizamus omnes qui in terris suis nova Pedagia seu Gabellas, prae­terquam in casibus sibi a jure, seu ex speciali sedis Apostoli­cae licentia permissis, impo­nunt vel augent, seu imponi vel augeri prohibita exi­gunt.

§ 6. Item, Excommuni­camus & anathematizamus omnes falsarios literarum A­postolicarum, etiam in forma [Page 8] Brevis, ac▪ Supplicationum, Gratiam vel Justitiam con­cernentium, per Romanum Pontisicem vel S. R. E. Vice­cancellarios seu gerentes vices eorum, aut de mandato ejus­dem Pontificis signatarum, necnon falso publicantes li­teras Apostolicas, etiam in forma Brevis, & etiam falso signantes Supplicationes hu­jusmodi sub nomine Romani Pontificis seu Vicecancellarii, aut gerentium vices praedi­ctorum.

§ 7. Item, Excommuni­camus & anathematizamus omnes illos, qui ad Sarace­nos, Turcas, & alios Christiani nominis hostes, & inimicos, vel Haereticos per nostras vel hujus Sanctae Sedis sententias expresse vel nominatim de­claratos deferunt seu trans­mittunt Equos, Arma, Fer­rum, filum Ferri, Stannum, Chalybem, omniaque Metal­lorum genera atque Bellica Instrumenta, Lignamina, Ca­napem, Funes, tam ex ipso Canape quam alia quacunque materia, & ipsam materiam, aliaque hujusmodi, quibus Christianos & Catholicos impugnant; necnon illos qui [Page 9] per se vel per alios de rebus statum Christianae Reipubli­cae concernentibus, in Chri­stianorum perniciem & dam­num ipsos Turcas & Christia­nae Religionis inimicos, nec­non Haereticos, in damnum Catholicae Religionis, certio­res faciunt, illisque ad id auxilium consilium vel favo­rem quomodolibet praestant. Non obstantibus quibuscun (que) Privilegiis, quibusvis Perso­nis, Principibus, Rebus-pub­licis, per Nos & Sedem prae­dictam hactenus concessis, de hujusmodi prohibitione ex­pressam mentionem non fa­cientibus.

§ 8. Item, Excommuni­camus & anathematizamus omnes impedientes seu inva­dentes eos, qui victualia seu alia ad usum Romanae Curiae necessaria adducunt, ac etiam eos qui ne ad Romanam Curi­am adducantur vel afferantur prohibent, impediunt seu perturbant, seu haec facien­tes defendunt per se vel per alios, cujuscunque fuerint ordinis, praeeminentiae, condi­tionis & status, etiamsi Pon­tificali seu Regali aut alia quavis Ecclesiastica vel mun­dana [Page 10] praefulgeant dignitate.

§ 9. Item, Excommuni­camus & anathematizamus omnes illos, qui ad sedem Apostolicam venientes, & re­cedentes ab eadem, sua vel aliorum opera interficiunt, mutilant, spoliant, capiunt, detinent; necnon illos omnes qui jurisdictionem ordinari­am vel delegatam a nobis vel nostris Judicibus non haben­tes, illam sibi temere vendi­cantes, similia contra mo­rantes in eadem Curia audent perpetrare.

§ 10. Item, Excommuni­camus & anathematizamus omnes interficientes, muti­lantes, vulnerantes, detinen­tes, capientes seu depraedan­tes Romipetas seu Perigrinos ad Urbem causa Devotionis seu Peregrinationis acceden­tes, & in ea morantes, vel ab ipsa recedentes, & in his dantes auxilium, consilium, vel favorem.

§ 11. Item, Excommuni­camus & anathematizamus omnes interficientes, vulne­rantes, mutilantes, percu­tientes, capientes, carceran­tes, detinentes, vel hostiliter [Page 11] insequentes S. R. E. Cardina­les, ac Patriarchas, Archie­piscopos, Episcopos, Sedis (que) Apostolicae Legatos vel nun­cios, aut eos a suis Diaecesi­bus, Territoriis, Terris, seu Dominiis ejicientes, necnon ea mandantes vel rata ha­bentes, seu praestantes in eis auxilium, consilium, vel fa­vorem.

§ 12. Item, Excommuni­camus & anathematizamus omnes illos, qui per se vel per alios, personas Ecclesia­sticas quascunque, vel secula­res ad Romanam Curiam su­per eorum causis & negotiis recurrentes, ac illa in eadem Curia prosequentes aut pro­curantes, negotiorumque ge­stores, advocatos, procuratores & agentes, seu etiam Audi­tores vel Judices super dictis causis vel negotiis deputatos, occasione causarum vel nego­tiorum hujusmodi, occidunt, seu quoquo modo percutiunt, bonis spoliant; seu qui per se vel per alios, directe vel indi­recte delicta hujusmodi com­mittere, exequi vel procurare, aut in eisdem auxilium, con­silium vel favorem praestare non verentur, cujuscunque [Page 12] praeeminentiae & dignitatis fuerint.

§ 13. Item, Excommuni­camus & anathematizamus omnes tam▪ Ecclesiasticos quam Seculares, cujuscunque dignitatis, qui praetexentes frivolam quandam appellati­onem a gravamine vel futura executione literarum Aposto­licarum etiam in forma Bre­vis, tam gratiam quam justi­tiam concernentium, necnon citationum, inhibitionum, se­questrorum, monitoriorum, processuum, executorialium, & aliorum Decretorum, a Nobis & Sede praedicta seu Legatis, Nunciis Praesidenti­bus, Palatii nostri & Came­rae Apostolicae Auditoribus, Commissariis, aliisque Judi­cibus & delegatis Apostolicis emanatorum, & quae pro tempore emanaverint, aut alias ad Curias Saeculares & Laicam potestatem recur­runt, & ab ea instante etiam Fisci Procuratore & Advoca­to, appellationes hujusmodi admitti, ac literas, citatio­nes, inhibitiones, sequestra, monitoria, & alia praedicta, capi & retineri faciunt. Qui­ve illa simpliciter, vel sine [Page 13] eorum beneplacito & con­sensu vel examine executioni demandari, aut ne Tabellio­nes & Notarii super hujusmo­di literarum & processuum executione, instrumenta vel acta conficere, aut confectaparti cujus interest, tradere debeant, impediunt vel pro­hibent, ac etiam partes seu eorum agentes, consanguine­os, affines, familiares, nota­rios, executores, & sub-exe­cutores literarum, citatio­num, monitoriorum, & alio­rum praedictorum capiunt, percutiunt, vulnerant, car­cerant, detinent, ex Civita­tibus, Locis, & Regnis ejici­unt, bonis spoliant, perterre­faciunt, concutiunt & com­minantur per se vel per ali­um seu alios, publice vel oc­culte; quive alias quibus­cunque personis in genere vel in specie, ne pro quibus­vis eorum negotiis profe­quendis seu gratiis vel literis impetrandis ad Romanam Cu­riam accedant, aut recursum habeant, seu gratias ipsas vel literas a dicta Sede impetrent seu impetratis utantur, di­recte vel indirecte prohi­bere, statuere seu mandare, [Page 14] vel eas apud se aut Notarios seu Tabelliones, vel alias quomodolibet retinere prae­sumunt.

§ 14. Item excommunica­mus & anathematizamus om­nes & singulos, qui per se vel alios, auctoritate propria ac de facto, quarumcun (que) exemp­tionum vel aliarum gratia­rum & literarum Apostolica­rum praetextu, beneficiales, & decimarum, ac alias cau­sas spirituales ac spiritualibus annexas, ab Auditoribus & Commissariis nostris, aliis (que) Judicibus Ecclesiasticis avo­cant; illarumve cursum & audientiam; ac personas, ca­pitula, Conventus, Collegia, causas ipsas prosequi volentes impediunt ac se de illarum cognitione tanquam Judices interponunt. Quive partes actrices, quae illas committi fecerunt & faciunt, ad revo­candum & revocari facien­dum citationes vel inhibitio­nes aut alias literas in eis de­cretas, & ad faciendum vel [Page 15] consentiendum eos contra quos tales inhibitiones ema­narunt a censuris & paenis in illis contentis absolvi, per statutum vel alias compel­lunt; vel executionem lite­rarum Apostolicarum seu ex­ecutorialium, processuum▪ ac decretorum praedictorum quomodolibet impediunt, vel suum ad id favorem, con­silium aut assensum praestant, etiam praetextu violentiae prohibendae, vel aliarum prae­tensionum, seu etiam, donec ipsi ad nos informandos, ut dicunt, supplicaverint aut supplicari fecerint; nisi sup­plicationes hujusmodi coram Nobis & sede Apostolica legi­time prosequantur, etiamsi talia committentes fuerint Praesidentes Cancellariarum, Consiliorum, Parlamento­rum, Cancellarii, Vice-can­cellarii, Consiliarii, ordinarii vel extraordinarii▪ quorum­cun (que) Principum Saecularium; etiamsi Imperiali, Regali, Ducali, vel alia quacun (que) praefulgeant dignitate; aut Archiepiscopi, Episcopi, Ab­bates, Commendatarii seu Vicarii fuerint.

§ 15. Quive ex eorum praetenso officio, vel ad in­stantiam partis, aut aliorum quorumcun (que) personas Eccle­siasticas, Capitula, Convent­us, Collegia Ecclesiarum qua­rumcun (que) coram se ad suum Tribunal, Audientiam, Can­cellariam, Consilium, vel Parlamentum, praeter juris Canonici dispositionem, tra­hunt, vel trahi faciunt vel pro­curant, directe vel indirecte, quovis quaesito colore; nec­non qui statuta, ordinationes, constitutiones, pragmaticas, seu quaevis alia decreta in ge­nere vel in specie, ex quavis causa & quovis quaesito co­lore, ac etiam praetextu cu­jusvis consuetudinis & privi­legii, vel alias quomodolibet fecerint, ordinaverint & pub­licaverint, vel factis & ordi­natis usi fuerint, unde liber­tas Ecclesiastica tollitur, seu in aliquo laeditur vel depri­mitur, aut alio quovis modo restringitur, seu nostris & dictae sedis, ac quarumcun (que) ecclesiarum juribus quomo­dolibet directe vel indirecte, tacite vel expresse praejudi­catur.

§ 16. Necnon qui Archie­piscopos, Episcopos, alios (que) superiores & inferiores Prae­latos, & omnes alios quos­cun (que) Judices Ecclesiasticos ordinarios quomodolibet hac de causa directe vel indirecte, carcerando vel molestando eorum agentes, procuratores, familiares necnon consangui­neos & affines, aut alias im­pediunt, quo minus jurisdi­ctione sua Ecclesiastica con­tra quoscun (que) utantur, se­cundum quod Canones & sacrae constitutiones Ecclesia­sticae, & decreta Conciliorum Generalium, & praesertim Tridentini, statuunt; ac e­tiam eos qui post ipsorum ordinariorum ac etiam ab eis delegatorum quorumcun (que) sententias & decreta, aut ali­as fori ecclesiastici judicium eludentes, ad Cancellarias & alias Curias seculares recur­runt, & ab illis prohibitiones & mandata etiam paenalia, ordinariis aut delegatis prae­dictis decerni, & contra illos exequi procurant; eos quo (que) qui haec decernunt & exe­quntur, seu dant auxilium, consilium, patrocinium & favorem in eisdem.

§ 17. Quive jurisdictiones seu fructus, reditus & pro­ventus ad nos & sedem Apo­stolicam, & quascun (que) Eccle­siasticas personas ratione Ec­clesiarum, Monasteriorum & aliorum beneficiorum Eccle­siasticorum pertinentes usur­pant, vel etiam quavis oc­sione vel causa sine Romani Pontificis vel aliorum ad id legitimam facultatem haben­tium expressa licentia seque­strant.

§ 18. Quive collectas, de­cimas, talleas, praestantias & alia onera Clericis, Praelatis & aliis personis Ecclesiasticis, ac eorum & Ecclesiarum, Monasteriorum & aliorum beneficiorum Ecclesiastico­rum bonis, illorumve fru­ctibus, reditibus & pro­ventibus hujusmodi, absque simili Romani Pontificis speciali & expressa licen­tia imponunt, & diversis etiam exquisitis modis exi­gunt, aut sic imposita a spon­te dantibus & cóncedentibus recipiunt. Necnon qui per se vel alios directe vel indirecte praedicta facere, exequi vel procurare, aut in eisdem auxilium, consilium vel favo­rem [Page 19] praestare non verentur, cujuscun (que) sint praeeminentiae, dignitatis, ordinis, conditio­nis aut status, etiamsi Impe­riali aut Regali fulgeant dig­nitate; seu Principes, Duces, Comites, Barones, & alii Po­tentatus; quicun (que) etiam Reg­nis, Provinciis, Civitatibus & Terris quoquomodo Praesi­dentes, consiliarii & Senato­res, aut quavis etiam Ponti­ficali dignitate insigniti. In­novantes decreta super his per Sacros Canones, tam in Lateranensi novissime cele­brato, quam aliis Conciliis generalibus edita, etiam cum censuris & paenis in eis con­tentis.

§ 19. Item, Excommuni­camus & anathematizamus omnes & quoscunque Magi­stratus & Judices, Notarios, Scribas, Executores, Subex­ecutores quomodolibet se in­terponentes in causis capita­libus seu criminalibus contra Personas Ecclesiasticas, illas processando, banniendo, seu sententias contra illas profe­rendo vel exequendo sine spe­ciali, specifica & expressa hu­jus Sanctae Sedis Apostolicae licentia; quique ejusmodi li­centiam [Page 20] ad Personas & casus non expressos extendunt, vel alias illa perperam abutuntur, etiamsi talia committentes fuerint Consiliarii, Senato­res, Praesidentes, Cancellarii, Vice-cancellarii, aut quovis alio nomine nuncupati.

§ 20. Item, Excommuni­camus & anathematizamus omnes illos, qui per se seu alios, directe vel indirecte, sub quocun (que) titulo seu colore in­vadere, destruere, occupare & detinere praesumpserint, in totum vel in partem Almam Urbem, Regnum Siciliae, In­sulas Sardiniae, & Corsicae, Terras circa Pharum, Patri­monium B. Petri in Tuscia, Ducatum Spoletanum, Comi­tatum Venaysinum, Sabinen­sem, Marchiae, Anconitanae, Massae, Trebariae, Romandio­lae, Campaniae, & Maritimas Provincias, illarumque Ter­ras & loca, ac Terras speci­alis commissionis Arnulforum, Civitatesque nostras Bononi­am, Caesenam, Ariminum, Be­neventum, Perusium, Avenio­nem, Civitatem Castelli, Tudertum, Ferrariam, Coma­clum, & alias Civitates, Ter­ras & loca, vel jura ad ip­sam [Page 21] Romanam Ecclesiam per­tinentia, dictae (que) Romanae Ec­clesiae mediate vel immediate subjecta, necnon supremam jurisdictionem in illis, Nobis & eidem Romanae Ecclesiae competentem, de facto usur­pare, perturbare, retinere & vexare variis modis praesu­munt, necnon adhaerentes, fautores, & defensores eo­rum, seu illis auxilium, con­silium vel favorem quomodo­libet praestantes.

§ 21. Volentes praesentes nostros Processus, ac omnia & quaecunque his literis con­tenta, quousque alii hujusmodi processus a Nobis aut Romano Pontifice pro tempore exi­stente fiant aut publicentur, durare suosque effectus om­nino sortiri.

§ 22. Caeterum a praedi­ctis sententiis nullus per ali­um quam per Romanum Pon­tificem, nisi in mortis arti­culo constitutus, nec etiam tunc, nisi de stando Ecclesiae mandatis & satisfaciendo cautione praestita, absolvi possit, etiam praetextu qua­rumvis facultatum & indul­torum quibuscunque personis Ecclesiasticis, secularibus, & [Page 22] quorumvis Ordinum, etiam Mendicantium, & Milita­rium, regularibus, etiam E­piscopali vel alia majori dig­nitate praeditis, ipsisque Or­dinibus & eorum Monasteriis, Conventibus & Domibus ac Capitulis, Collegiis, Confra­ternitatibus, Congregationi­bus, Hospitalibus, & locis piis, necnon Laicis, etiamsi Imperiali, Regali, & alia mundana excellentia fulgen­tibus, per Nos & dictam Sedem ac cujusvis Concilii decreta, verbo, literis, aut alia quacunque Scriptura in genere & in specie conces­sorum & innovatorum, ac concedendorum & innovan­dorum.

§ 23. Quod si forte aliqui contra tenorem praesentium talibus excommunicatione & anathemate laqueatis, vel eo­rum alicui absolutionis bene­ficium impendere de facto praesumpserint, eos excom­municationis sententia inno­damus, gravius contra eos spiritualiter & temporaliter, prout expedire noverimus, processuri.

§ 24. Declarantes ac pro­testantes quamcun (que) absolu­tionem, etiamsi solenniter per Nos faciendam, praedictos excommunicatos sub praesen­tibus comprehensos, nisi pri­us a praemissis cum vero pro­posito similia ulterius non committendi, destiterint, ac quoad eos, qui contra eccle­siasticam libertatem, ut prae­mittitur, statuta fecerint, nisi prius statuta, ordinationes, constitutiones, pragmaticas, & decreta hujusmodi publice revocaverint, & ex Archivis seu Capitularibus, locis aut libris, in quibus annotata reperiuntur, deleri & cassari, ac Nos de revocatione hujus­modi certiores fecerint, eos non comprehendere, nec eis aliter suffragari; quinetiam per hujusmodi absolutionem, aut quoscunque alios actus contrarios tacitos vel expres­sos, ac etiam per patientiam & tolerantiam nostram vel Suc­cessorum nostrorum, quanto­cun (que) tempore continuatam, praemissis omnibus & singu­lis, ac quibuscun (que) juribus Sedis Apostolicae ac Sanctae Romanae Ecclesiae undecun (que) & quandocun (que) quaesitis, vel [Page 24] quaerendis nullatenus praeju­dicari posse aut debere.

§ 25. Non obstantibus pri­vilegiis, indulgentiis, indul­tis, & literis Apostolicis ge­neralibus vel specialibus su­pradictis, vel eorum alicui, seu aliquibus aliis cujuscunque ordinis, status vel conditio­nis, dignitatis & praeeminen­tiae fuerint, etiamsi, ut prae­mittitur, Pontificali, Imperi­ali, Regali, seu quavis Eccle­siastica & mundana praeful­geant dignitate, vel eorum Regnis, Provinciis, civitati­bus seu locis a praedicta Sede ex quavis causa etiam per viam contractus aut remune­rationis, & sub quavis alia forma & tenore, ac cum qui­busvis clausulis, etiam dero­gatoriarum derogatoriis con­cessis, etiam continentibus quod excommunicari, ana­thematizari vel interdici non possint, per literas Apostolicas non facientes plenam & ex­pressam ac de verbo ad ver­bum de indulto hujusmodi, ac de ordinibus, locis, nomi­nibus propriis, cognominibus & dignitatibus eorum men­tionem, necnon consuetudi­nibus, etiam immemorabili­bus, [Page 25] ac praescriptionibus quan­tumcun (que) longissimis, & aliis quibuslibet observantiis, scrip­tis vel non scriptis, per quae contra hos nostros Processus ac sententias, quo minus in­cludantur in eis, se juvare valeant ac tueri. Quae om­nia quoad hoc, eorum omni­um tenores, ac si ad verbum, nihil penitus omisso, insere­rentur, praesentibus pro ex­pressis habentes penitus tol­limus, & omnino revoca­mus: caeterisque contrariis quibuscunque.

§ 26. Ut vero praesentes nostri processus ad publicam omnium notitiam facilius de­ducantur, Chartas seu Mem­branas Processus ipsos conti­nentes, valvis Ecclesiae S. Jo­annis Lateranensis, & Basili­cae Principis Apostolorum de Urbe appendi faciemus; ut ii, quos Processus hujusmodi concernunt, quod ad ipsos non pervenerint, aut quod ipsos ignoraverint, nullam possint excusationem praeten­dere aut ignorantiam allega­re; cum non sit verisimile, [Page 26] id remanere incognitum, quod tam patenter omnibus publicatur.

§ 27. Insuper ut Processus ipsi & praesentes literae, ac omnia & singula in eis con­tenta, eo fiant notiora, quo in plerisque Civitatibus & lo­cis fuerint publicata; uni­versis & singulis Patriarchis, Primatibus, Archiepiscopis, Episcopis, & locorum Ordi­nariis, & Praelatis ubilibet constitutis, per haec scripta committimus, & in virtute sanctae obedientiae districte praecipiendo mandamus; ut per se vel per alium seu alios praesentes literas, postquam eas receperint, seu earum ha­buerint notitiam, semel in anno, aut, si expedire vide­rint, etiam pluries, in Eccle­siis suis, dum in eis major populi multitudo ad Divina convenerit, solenniter publi­cent, & ad Christi fidelium mentes reducant, nuncient, & declarent.

§ 28. Caeterum Patriar­chae, Archiepiscopi, Episco­pi, aliique locorum Ordina­rii, & Ecclesiarum Praelati, necnon Rectores, caeterique curam animarum exercentes, [Page 27] ac Presbytei saeculares & quorumvis Ordinum regula­res ad audiendas peccatorum confessiones quavis authori­tate deputati, transumptum praesentium Literarum penes se habeant, eas (que) diligenter legere & percipere studeant.

§ 29. Volentes earundum praesentium transumptis, e­tiam impressis, Notarii pub­lici manu subscriptis, & si­gillo Judicis Ordinarii Ro­manae Curiae, vel alterius personae in dignitate ecclesi­astica constitutae munitis, eandem prorsus fidem in ju­dicio, & extra illud ubique locorum adhibendam fore, quae ipsis praesentibus adhi­beretur, si essent exhibitae vel ostensae.

§ 30. Nulli ergo omnino hominum liceat hanc pagi­nam nostrae excommunica­tionis, anathematizationis, interdicti, innovationis, in­nodationis, declarationis, protestationis, sublationis, revocationis, commissionis, mandati & voluntatis infrin­gere, vel ei ausu temerario contraire. Siquis autem hoc attentare praesumpserit, in­dignationem Omnipotentis [Page 28] Dei ac Beatorum Petri & Pauli Apostolorum ejus se noverit incursurum.

Anno a Nativitate Domi­ni Nostri Jesu Christi millesi­mo sexcentesimo decimo ter­tio, Indict. 11. die vero quarta mensis Aprilis, Ponti­ficatus Sanctiss. in Christo Pa­tris & D. N. D. Pauli divina providentia Papae V. anno octavo, supradictae literae af­fixae & publicatae fuerunt ad Valvas Basilicarum S. Joannis Lateranensis & Principis A­postolorum, & in acie Cam­pi Florae per nos Baldassarem Vacham & Brandimartem Latinum Cursores.

Jacobus Brambilla, Mag. Curs.

The Sixty third Constitution of Paul V.

THe Excommunicati­on and Anathema­tization of all He­reticks whatsoever, and their favourers, and Schis­maticks, or of those who vio­late the Ecclesiastical Liberty, or any ways infringe the Con­tents of this Bull, which is wont to be published on Maun­day-Thursday.

As for almost all the Chap­ters of this Bull, (besides the 3d Extravagant of Paul II. and the 5th Extravagant of Sixtus IV. in the Title of Pe­nance and Remissions) you have them before ordained in the first Constitution of Urban. V. fol. 215. in the 25th Constitu­tion of Julius II. f. 482. in the 10th Constitution of Paul III. f. 522. and in the 81st Consti­tution of Gregory XIII. f. 348. lib. 2. Other Bulls of this nature, [Page 2] called Bulls in Caena Domini, I have purposely o­mitted, being content with these; from which it may ap­pear that the Popes have made some Variation in them, ac­cording to the Exigency of the times. Yet I would not omit those which follow, as being especially necessary, and parti­ticularly published upon the se­veral Chapters of this Bull.

There is extant therefore in this Collection, a particular Edict of Nicolas III. about the 1st Section of this Bull in his 2d Constitution. Sup. fol. 143. concerning Sect. 2. there is ex­tant, Const. 5. of Pius II. f. 290. l. 1. concerning §. 4. there is extant, Const. 7. of Pius V. f. 137. l. 2. concerning §. 7. is extant, Const. 3. of Nicolas V. f. 283. l. 1. concerning §. 10. is extant a Canon of Callistus. in c. 23. Const. 24. qu. 3. Con­cerning §. 11. in respect of the Cardinals is extant, Const. 16. of Leo X. f. 420. l. 1. and Const. 93. of Pius V. f. 222. l. 2. Concerning § 12. is ex­tant Const. 11. of Alexander VI. f. 352. Concerning § 14. is extant Const. 2. of Martin V. f. 239. and Const. 17. of Innocent [Page 3] VIII. f. 343. and Const. 30. of Leo X. f. 440. and Const. 39. of Clement VII. f. 505. l. 1. and Const. 19. of Gregory XIII. f. 290. l. 2. Concerning § 15. are many Ca­nons in the Body of the Law, and Const. 10. of Martin V. f. 247. Concerning § 19. is ex­tant Const. 3. of Urban VI. f. 222. Concerning § 20. is ex­tant Const. 8. of John XXII. f. 174. and Const. 3. of Cle­ment VI. f. 212. and Const. 13. of Leo X. f. 314. and Const. 11. of Paul IV. f. 595.

Another like Excommunica­tion usually published on Maun­day Thursday, is extant in the 62d Constitution of our Holy Lord Urban VIII. inf. Tom 4.

Paul Bishop, Servant of the Servants of God, in per­petual memory of the thing now Decreed.

THE Pastoral vigilance and care of the Bishop of Rome, being by the duty of his Office continually em­ployed in procuring by all means the peace and tranquility of Christendom, is more espe­cially eminent in retaining and [Page 4] preserving the unity and inte­grity of Catholick Faith; with­out which it is impossible to please God: That so the faith­ful of Christ may not be as Children wavering, nor be car­ried about with every wind of Doctrine, by the cunning craft of men, whereby they lay in wait to deceive; but that all may meet in the unity of the Faith, and the knowledg of the Son of God unto a perfect man: That in the communion and so­ciety of this life they may not injure nor offend one another; but rather being joyned toge­ther with the bond of Charity, as members of one body under Christ the Head, and his Vicar upon Earth the Bishop of Rome, St. Peter's Successor, from whom the unity of the whole Church doth flow, may be increased in edification, and by the assistance of the Divine Grace may so enjoy the tran­quility of this present life, that they may also attain eternal happiness. For which Reasons the Bishops of Rome, our Pre­decessors, upon this day, which is dedicated to the Anniver­sary commemoration of our Lord's Supper, have been wont [Page 5] solemnly to exercise the Spiri­tual Sword of Ecclesiastical Discipline and wholsom Wea­pons of Justice by the Mini­stry of the Supreme Apostolate to the glory of God, and salva­tion of Souls. We therefore, desiring nothing more than by the guidance of God to pre­serve inviolable the integrity of Faith, publick Peace and Justice; following this ancient and solemn Custom;

§. 1. We excommunicate and anathematize in the name of God Almighty, Father, Son and Holy Ghost, and by the authority of the Blessed Apo­stles Peter and Paul, and by our own, all Hussites, Wicle­phists, Lutherans, Zuinglians, Calvinists, Hugonots, Anabap­tists, Trinitarians, and Apo­states from the Christian Faith, and all other Hereticks by whatsoever name they are cal­led, and of whatsoever Sect they be: as also their Adhe­rents, Receivers, Favourers, and generally any Defenders of them; together with all who without our Authority, or that of the Apostolick See, knowingly read, keep, print, or any ways for any cause whatsoever, publickly [Page 6] or privately on any pre text or colour defend their Books containing Heresie, or treating of Religion; as also Schismaticks, and those who withdraw themselves, or re­cede obstinately from the obe­dience of us, or the Bishop of Rome for the time being.

§ 2. Further, We excom­municate and anathematize all and singular, of whatsoever station, degree or condition they be; and interdict all Ʋniversities, Colledges and Chapters, by whatsoever name they are called; who appeal from the Orders or Decrees of Ʋs, or the Popes of Rome for the time being to a future General Council; and those by whose aid and favour the Ap­peal was made.

§ 3. Further, We excom­municate and anathematize all Pirates, Corsairs and Robbers by Sea, roving about our Sea chiefly from Mount Argenti­ere to Terracina, and all their Abetters, Receivers and Defenders.

§ 4. Further, We excom­municate and anathematize all and singular, who when the Ships of any Christians are ei­ther driven out of the way by Tempest, or any ways suffer ship­wrack, convey away any Goods of what kind soever, either in the Ships themselves, or cast out of the Ships into the Sea, or found on the Shore, as well in our Tyrrhenian and Adria­tick Seas, as in any other Di­visions of Shores of all Seas whatsoever; so that they shall not be excused by any Privi­ledge, Custom, or possession of time immemorial, or any other pretext whatsoever.

§ 5. Further, We excom­municate and anathematize all who impose or augment any new Tolls or Gabells in their Domi­nions, except in cases permit­ted to them by Law, or by es­pecial leave of the Apostolick See; or, who exact such Taxes forbidden to be imposed or augmented.

§ 6. Further, We excom­municate and anathematize all Forgers of Apostolick Letters, even in form of a Brief, and [Page 8] of Supplications respecting In­dulgence or Justice, signed by the Pope of Rome, or by the Vice-chancellours of the Holy see of Rome, or by their Deputies, or by the command of the said Pope; as also those who falsly publish the Aposto­lick Letters, even in form of a Brief; and those who falsly sign such Supplications in the name of the Pope of Rome, or the Vice-chancellour, or their Deputies.

§ 7. Further, We excom­municate and anathematize all those, who carry or transmit to the Saracens, Turks, and o­ther Enemies and Foes of the Christian Religion, or to those who are expresly and by name declared Hereticks by the Sen­tence of us, or of this Holy See, Horses, Arms, Iron, dust of Iron, Tin, Steel, and all kind of Metals, and Warlike Instruments, Timber, Hemp, Ropes made as well of Hemp as of any other matter, and that matter whatsoever it be, and other things of this nature, which they make use of to the prejudice of Christians and Catholicks: as also those who [Page 9] by themselves or others give intelligence of matters relating to the State of Christendom to the Turks and Enemies of the Christian Religion to the hurt and prejudice of Christians, or to Hereticks to the preju­dice of the Catholick Religion, or who any ways afford to them counsel, assistance or favour; notwithstanding any Privileges hitherto granted by Ʋs and the aforesaid See to any Per­sons, Princes or Common­wealths; wherein express mention is not made of this prohibition.

§ 8. Further, We excom­municate and anathematize all hindering or invading those, who bring Provisions, or any other things necessary, for the use of the Court of Rome; as also those who forbid, hinder or obstruct the bringing or con­ducting of them to the Court of Rome; or who abet the doers of these things either by themselves, or by others; of whatsoever order, preemi­nence, condition or quality they be, even although they be Bishops or Kings, or invested [Page 10] with any other Ecclesiasti­cal or Secular Dignity.

§ 9. Farther, We excom­municate and anathematize all those who kill, maim, spoil, apprehend or detain by them­selves, or by others, those who come to the Apostolick See, or return from it; as also all those who having no ordinary jurisdiction, nor any Delegated by Ʋs or our Judges, rashly challenging it to them­selves, presume to commit any like actions against those who reside at the Court of Rome.

§ 10. Farther, We excom­municate and anathematize all who kill, maim, wound, de­tain, apprehend, or rob Tra­vellers to Rome, or Pilgrims for the sake of Devotion or Pilgrimage going to that City, staying in it, or returning from it; and those who give aid, counsel or favour in these cases.

§ 11. Further, We excom­municate and anathematize all who slay, wound, maim, strike, apprehend, imprison, detain, or in hostile manner pursue the Cardinals of the Holy Church [Page 11] of Rome, and Patriarchs, Archbishops, Bishops, Legats or Nuncios of the Apostolick See; or those wo drive them out of their Territories, Dio­cesses, Lands or Dominions; or those who command or allow these things to be done, or give aid, counsel and favour to them.

§ 12. Further, We excom­municate and anathematize all those, who by themselves or by others slay, or any ways strike or despoil any Ecclesiastical or Secular Persons having recourse to the Court of Rome for their Causes and Affairs, and prose­cuting and managing them in the said Court, or even the Auditors or Judges deputed for the hearing and managing of the said Causes and Affairs, upon occasion of these Causes and Affairs: as also those who by themselves or by others di­rectly or indirectly presume to act or procure the said Crimes, or to give aid, counsel or fa­vour to them, of whatsoever preheminence or dignity they be.

§ 13. Further, We excom­municate and anathematize all those, as well Ecclesiasticks as Seculars, of whatsoever dig­nity they be, who under pre­tence of a certain frivolous ap­peal from the injustice or fu­ture execution of the Aposto­lick Letters, even in form of a Brieve, respecting as well in­dulgence▪ as justice, as also from the injustice and future execution of Citations, Inhi­bitions, Sequestrations, Moni­tories, Processes, Executorials and other Decrees, issuing out, or which shall at any time issue out from Ʋs and the afore­said See, or our Legates, Nuncios, or Presidents, from the Auditors of our▪ Palace and Apostolick Chamber, from our Commissaries, and other Apostolick Judges and Dele­gates: as also those, who any other ways have recourse to Secular Courts and the Lay Power; and who cause such Appeals to be admitted by the Secular Courts, even although the Procurator and Advocate of the Exchequer should re­quire it; or who cause the▪ [Page 13] aforesaid Letters, Citations, Inhibitions, Sequestrations, Monitories, &c. to be seized or retained; or those who hin­der or forbid the said Letters to be put in execution, either simply, or without their good­will, consent▪ or examination; or who hinder or forbid Scrive­ners or Notaries from ma­king or delivering when made to the Parties concerned any Instruments or Acts concerning the execution of these Letters and Processes; or who appre­hend, strike, wound, imprison, detain, drive out of Cities, Places and Kingdoms, despoil of their Goods, terrify, vex and threaten, either by them­selves or by others, publickly or privately, the Parties, or their Agents, Kindred on both sides, their Friends, Notaries, the Executors or Sub-execu­tors of the said Letters, Cita­tions, Monitories, &c. or who any other way presume directly or indirectly to forbid, ordain and command, any Persons in general [...] in particular, to betake themselves, or haue recourse to the See of Rome to prosecute their Affairs of any kind, or to obtain Indulgences [Page 14] or Letters, or who for­bid them to obtain the said In­dulgences, or to make use of them when obtained of the said See; or who presume to retain the said Indulgences in their own hands, or in the hands of a Notary or a Scrivener, or any other way.

§ 14. Further we Excom­municate and Anathematize all and singular, who by themselves or by others, by their own Au­thority and de facto, under pretence of any exemptions, or any other Apostolick Indulgen­ces and Letters, take away the cognizance of Benefices, and Tithes, and other spiritual Causes, or annexed to spiritu­als from our Auditors and Commissaries, and other Eccle­siastical Judges; and hinder the proceeding and audience of them, and the Persons, Chap­ters, Convents, Colledges, de­siring to prosecute the said Cau­ses; or who intrude themselves as Judges in the Cognizance of them; or who by order, or any other way compel the Plaintiffs to withdraw, or cause to be withdrawn, their Citations, or Inhibitions, or any other Let­ters decreed in the spiritual [Page 15] Court; and the Defendants, against whom such Inhibitions were issued out, to procure, or consent to be absolved from the Censures or Punishments con­tained in them; or who any ways hinder the execution of Apostolick Letters, Executori­als, Processes and Decrees a­foresaid; or give their allow­ance, counsel, or assent to it, even under pretence of hinder­ing violence, or any other pre­texts whatsoever, or even un­til they shall Petition us, or cause us to be Petitioned for our better information, as is commonly pretended, unless they prosecute such Petitions before us and the Apostolick See in lawful form; even although those who commit such things should be Presidents of Chan­ceries, Councils, or Parlia­ments, Chancellors, Vice­chancellors, ordinary or ex­traordinary Counsellors of any secular Princes, (whether they be Emperors, Kings, Dukes, or any other dignity) or Arch­bishops, Bishops, Abbots, Com­mendataries or Vicars.

§. 15. Also those who under pretence of their Office, or at the instance of any party, or of any others, draw, or cause and procure to be drawn, directly, or indirectly, upon any pretext whatsoever, Ecclesiastical Per­sons, Chapters, Convents, Col­ledges of any Churches, before them to their Tribunal, Audi­ence, Chancery, Counsel, or Parliament, against the Rules of the Canon-Law; as also those who for any cause, or un­der any pretext, or by pretence of any Custom or Priviledg, or any other way, shall make, en­act, and publish any Statutes, Orders, Constitutions, Prag­maticks, or any other Decrees in general or in particular; or shall use them when made and enacted; whereby the Ecclesi­astical Liberty is violated, or any ways injured or depressed, or by any other means restrain­ed; or whereby the Rights of us and of the said See, and of any other Churches, are any way directly or indirectly, ta­citely or expresly prejudged.

§ 16. Also those who upon this account directly or indi­rectly hinder Archbishops, Bi­shops, and other superior and inferior Prelates, and all o­ther ordinary Ecclesiastical Judges whatsoever by any means, either by imprisoning or molesting their Agents, Proctors, Domesticks, kindred on both sides, or by any other way, from exerting their Ec­clesiastical jurisdiction against any persons whatsoever, accord­ing as the Canons and sacred Ecclesiastical Constitutions and Decrees of General Councils, and especially that of Trent, do appoint; as also those who after the sentence and decrees of the Ordinaries themselves, or of those delegated by them, or by any other means eluding the judgment of the Ecclesiasti­cal Court, have recourse to Chanceries or other secular Courts, and procure thence Pro­hibitions and even Penal Man­dates to be decreed against the said Ordinaries and Delegates and executed against them; al­so those who make and execute these Decrees, or who give aid, counsel, countenance or favour to them.

§ 17. Also those who usurp any Jurisdictions, Fruits, Re­venues and Emoluments be­longing to Ʋs and the Aposte­lick See, and any Ecclesiastical persons upon account of any Churches, Monasteries, or other Ecclesiastical benefices; or who upon any occasion or cause se­quester the said Revenues with­out the express leave of the Bishop of Rome or others having lawful power to do it.

§ 18. Also those who with­out the like special and express licence of the Pope of Rome impose Tributes, Tenths, Tal­leys, Subsidies, and other Charges upon Clergy-men, Prelates, and other Ecclesiasti­cal persons, and the Goods, Fruits, Revenues and Emolu­ments of them and of the Churches, Monasteries, and other Ecclesiastical Benefices; and exact them by divers ar­tifices, or even receive them so imposed from the Clergy, although they should of their own accord grant and give them: Also those who by them­selves or others directly or in­directly fear not to do, exe­cute or procure the said things, [Page 19] or to give aid, counsel or fa­vour to them, of whatsoever preheminence, dignity, order, condition or quality they be, although they be Emperors, or Kings, or Princes, Dukes, Earls, Barons, and other Po­tentates whatsoever, even Pre­sidents of Kingdoms, Provin­ces, Cities and Territories, Counsellors, and Senators, or invested even with any Ponti­fical Dignity. Renewing the Decrees set forth concerning these Matters by the Sacred Canons, as well in the last Council of Lateran, as in other General Councils, together with the Censures and Punishments contained in them.

§ 19. Further, We excom­municate and anathematize all and every Magistrates and Judges, Notaries, Scribes, Executors, Subexecutors, any ways intruding themselves in capital or criminal causes a­gainst Ecclesiastical Persons by processing, banishing, or appre­hending them, or pronouncing or executing any sentences a­gainst them, without the spe­cial, particular and express licence of this Holy Apostoli­cal See; also those who extend [Page 20] such licences to Persons or Ca­ses not expressed, or any other way injustly abuse them; al­though the Offenders should be Counsellors, Senators, Presi­dents, Chancellours, Vice-chan­cellours, or entitled by any other name.

§ 20. Farther, We excom­municate and anathematize all those, who by themselves, or by others, directly or indirect­ly, under any title or colour whatsoever shall presume to invade, destroy, seize and de­tain, in whole or in part, the City of Rome, the Kingdom of Sicily, the Islands of Sardinia and Corsica, the Territories about Faro, St. Peter's Patri­mony in Tuscany, the Duke­dom of Spoleto, the County of Venoso, and Sabinum, Mar­ca di Ancona, Massa, Treba­ria, Romandiola, Campania, and the Maritime Provinces, and their Territories and Pla­ces, and the Lands held in special commission by the Ar­nulfi, and our Cities of Bono­nia, Caesena, Ariminum, Be­neventum, Citta di Castello, Todi, Ferrara, Comaclo, and other Cities, Lands and Pla­ces and Rights belonging to the [Page 21] Church of Rome, and subje­cted mediately or immediately to the said Church of Rome; also those who presume by di­vers means to usurp, disturb, detain, and vex the supreme Jurisdiction of the said Domi­nions belonging to Ʋs and the Church of Rome; also their Adherents, Favourers and De­fenders, or those who any way give assistance, counsel or fa­vour to them.

§ 21. Willing that our pre­sent Processes, and all and every thing contained in these Letters, continue in force, and be put in excution; till other Processes of this kind be made and published by Ʋs and the Pope of Rome for the time being.

§ 22. In fine, none may be absolved from the aforesaid Censures by any other than by the Pope of Rome, unless he be at the point of death, nor even then, unless he giveth caution to stand to the com­mands of the Church, and give satisfaction. In all other ca­ses none shall be absolved, not even under pretence of any Faculties or Indulgences granted [Page 22] and renewed by Ʋs and the said See, and the Decrees of any Council, by Words, Let­ters, or any other Writing, in general or in particular, to any Persons Ecclesiastical, Se­cular, and Regular of any Or­ders, even of the Mendicant and Military Orders, or to any Persons invested with Episco­pal, or any greater Dignity, and to Orders themselves and their Monasteries, Convents, Houses and Chapters, to Col­ledges, Confraternities, Con­gregations, Hospitals, and Pi­ous Places, as also to Laymen, although they should be Empe­rours, Kings, or eminent in any other secular Dignity.

§ 23. If by chance any shall against the tenor of these Pre­sents, de facto, presume to bestow the benefit of Absolu­tion upon any such involved in excommunication and ana­thema, or any of them; we include them in the sentence of Excommunication, and shall afterwards proceed more se­verely against them both by spiritual and temporal Punish­ments, as we shall think most convenient.

§ 24. Declaring and prote­sting that no Absolution, altho solemnly made by Ʋs, shall com­prehend, or any other way avail the aforesaid excommunicated Persons comprehended under these present Letters; unless they desist from the premisses with a firm purpose, of never committing the like thing; nor those, who, as was before said, have made Statutes against the Ecclesiastical Liberty; un­less they first publickly revoke these Statutes, Orders, Con­stitutions, Pragmaticks and Decrees, and cause them to be blotted and expunged out of the Archives, Rolls, and Re­gisters wherein they are pre­served, and farther certify Ʋs of this revocation: moreover, that by any such Absolution, or any other contrary Acts, tacit or express, or even by the connivance and toleration of Ʋs and our Successours for how long time soever continued, none nor any of the Premisses, nor any Right of the Apostolick See and Holy Church of Rome howsoever and whensoever ob­tained, or to be obtained, can or ought to be prejudged or re­ceive any prejudice.

§ 25. Notwithstanding any Priviledges▪ Indulgences, Grants, and Apostolick Let­ters general er special, gran­ted by the Holy See to any of the aforesaid Persons, or any one of them, or any others, of whatsoever order, quality or condition, dignity and prehe­minence they be; although, as was before said, they should be Bishops, Emperours, Kings, or eminent in any other Eccle­siastick or Secular Dignity, or to their Kingdoms, Provinces, Cities, and Dominions, for any cause whatsoever, even by way of contract or reward, and un­der any other form and tenor, and with any Clauses whatsoe­ver, even derogatory of those which should derogate from them; or even containing that the said Persons or Places shall not be excommunicated, ana­thematized or interdicted by any Apostolick Letters, which do not make full and express mention and exact repetition of the said Grant, and of the Or­ders, Places, Proper names, Sirnames and Dignities of the said Persons; as also notwith­standing [Page 25] all Customs, even im­memorial, and Prescriptions, how long soever, and any other Observances written or not written, by which the said Persons may help and defend themselves against these our Processes and Censures from being included in them. All which Grants, as far as relates to this matter, and the whole tenor of them, accounting them expressed in these Presents as if they had been verbatim in­serted, nothing omitted, we utterly abolish and wholly re­voke; and notwithstanding any other Pleas which may be al­ledged to the contrary.

§ 26. But that these our present Processes may more easily come to the knowledge of all Persons; We have cau­sed the Papers and Parch­ments containing the Processes themselves to be affixed in the City to the doors of the Church of St. John Lateran, and of the Church of the Prince of the Apostles; that those whom these Processes concern, may pretend no excuse or alledge ignorance, as if they had not come to their knowledge; since it is not probable, that should [Page 26] remain unknown, which is so openly published to all men.

§ 27. Moreover, that the Processes themselves, and these present Letters, and all and every thing contained in them may become more manifest by being published in many Cities and Places; We by these Wri­tings entrust, and in vertue of holy obedience strictly charge and command all and singular Patriarchs, Primates, Arch­bishops, Bishops, Ordinaries of Places, and Prelates wheresoe­ver constituted, that by them­selves or some other or others, after they shall have received these present Letters, or have knowledge of them, they so­lemnly publish them in their Churches once a year or oftner, if they see convenient, when the greater part of the People shall be met for celebration of Di­vine Service; put faithful Christians in mind of them, relate them, and declare them.

§ 28. Lastly, all Patri­archs, Archbishops, Bishops, and other Ordinaries of Pla­ces, and Prelates of Churches, as also all Rectors, and others having cure of Souls, and [Page 27] Priests secular and regular of whatsoever Orders, deputed by any authority to hear confession of sins, shall have a Transcript of these present Letters by them, and shall diligently stu­dy to read and understand them.

§ 29. Our farther pleasure is, that the same credit in judg­ment and out of judgment, shall in all places be given to Copies, although Printed, of these presents, subscribed by any publick Notary, and seal­ed by the ordinary Judge of the Court of Rome, or any other person in Ecclesiastical dignity; as would be given to these presents themselves, if they should be produced or shewn.

§ 30. Let no man therefore infringe, or boldly and rashly oppose this our Letter of Ex­communication, Anathematiza­tion, Interdict, Innovation, Innodation, Declaration, Pro­testation, Abolition, Revoca­tion, Commission, Command and Pleasure: But if any one shall presume to attempt it; let him know that he shall in­cur the displeasure of Almigh­ty God, and of his Blessed [Page 28] Apostles Peter and Paul.

In the year, from the birth of our Lord Jesus Christ 1613. Indict. 11. the 4th day of the Month April, and the eighth year of the Popedom of our most Holy Father in Christ, and our Lord Paul V. by Divine Providence Pope, the aforesaid Letters were affixed and pub­lished at the Doors of the Churches of St. John Lateran, and the Prince of the Apo­stles, and in the field of Flora, by us Balthazar Vacha and Brandimars Latini Cursors.

James Brambilla, Mag. Curs.
FINIS.

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