A FULL AND SATISFACTORY ANSWER TO THE LATE unadvised Bull, thundered by Pope Paul the Fift, against the renowned State of VENICE: Being modestly entitled by the learned Author, CONSIDERATIONS UPON the Censure of Pope PAUL the Fift, against the Commonwealth of VENICE:  
By Father PAUL of VENICE, a Friar of the Order of Serui.  
Translated out of Italian. PSAL. 108.   printer's or publisher's device 
MALEDICENT ILLI, ET TV BENEDICES.  
LONDON Printed for JOHN BILL. 1606.   

CONSIDERATIONS upon the censure of Pope Paul the Fift, against the Commonwealth of Venice.  
THe Commonwealth of Venice hath ever constantly held, that the principal foundation of all dominion and empire was laid in true Religion and piety; and hereof (by the special grace of God) it hath had experience, by having been begun, instituted, and augmented in true divine worship: the which with great care she hath always sought to increase, especially by building many religious houses, and magnificently adorning of the same, furnishing them with decent Ministers, and entertaining of those religious Orders which age after age the Catholic Church hath brought forth. A manifest testimony whereof appeareth in the great number of Churches richly endowed, and the largeness of Monasteries, not only in the city of Venice, but also in others subject to the same; and that always with a convenient and necessary respect to cut off all those accidents which might be hurtful to her cities and dominions, through such innovations as usually creep in under the pretext of Colleges, Friaries, Societies, or convents, and to the danger and damage which great buildings, erected and situated in unfit places, bring unto a public security: for she had always a special consideration what sorts of persons made entrance into her city, and in what places Monasteries and Churches had their foundations, the better to nourish and entertain them: and when they but perceived that common and ordinary diligence was not enough, from the year 1337 a Law was enacted, That in Venice there should be no Churches, Monasteries, Hospitals, nor other such like places built without licence. The which law was afterwards renewed and confirmed in 1515 and in 1561: but then perceiving, that such a like care was also necessary to be had over other land and maritime towns, in the year 1603 commandment was given to all Rectors and Governors, that from that time forwards they should not permit any Religious or Lay person whatsoever to build Monasteries, Churches, Hospitals, or other convents of Religious or Secular, without licence from the Senate, under penalties of banishment to their persons, and of confiscation of the building and ground.  
The Commonwealth also was ever of this opinion, that as for the time passed she had been exemplarly preserved, so in like manner, that it ought to be cared for hereafter, with the administration of sincere and incorrupted justice, executed over her subjects, knowing what the holy Scripture saith: Regnum de gente in gentem transfertur, 
Eccl. 10.  propter iniustitias, iniurias, contumelias, & diversos dolos. And so on the contrary: Rex qui judicat in veritate pauperes, 
Pro. 29.  thronus eius in aeternum firmabitur. Wherefore she maintaining every one in the possession of his goods, together with the special protection and defence of every one's honour, she hath maintained and happily perpetuated public tranquillity and peace; the which, that it might not be disturbed by unjust usurpations and injuries towards others, divers Ecclesiastical persons having many times been convicted of enormous and heinous offences, who rather, by the goodness of their life and manners (as their duty is) should exempt themselves from criminal justice; the Commonwealth did not forbear to execute it upon them, so far as was necessary for public safety, granting them notwithstanding an immunity from the Magistrates, in common transgressions, for a favour to that Order, after the example of other neighbour-princes; she ever by this means keeping the wicked in fear, and satisfying those that were in any wise offended: so that she using thus the power granted unto her by God, she hath from her first beginning unto these present times accustomed to sentence and punish, in case of grievous offence, any person Ecclesiastical, of what degree or Order soever: and by this means she hath gone forward in enjoying and practising, with public tranquillity and peace, the ancient and independent liberty of her true dominion.  
In like manner, the Commonwealth hath laboured at all times to keep her subjects abundant in possessions and stable substance, she knowing how principally it did import for public security, if the private were well accommodated: whereupon, about some three hundred years since, she began to observe, that the Clergy contended daily to augment in possessions and revenues; a matter notwithstanding (though peradventure they had no such intention) which fell not out only to the loss and prejudice of secular families, which of necessity must needs decay upon the diminution of their goods; but further, to the detriment of the public revenues and incomes, and also of public force: for when the number of Citizens which were liable, and served in civil governments, impaired, and the quantity of their goods diminished; upon which the public revenue was raised; and so, on the contrary, the number of Ecclesiastical persons augmenting, which pretended exemption from all the necessary offices and functions of the Commonwealth, and their goods increasing; of necessity it must needs come to pass, that all public interests would be wonderfully impaired.  
Unto this may be added another matter, which is, That the Clergy never alienating of any thing, but with their great advantage and benefit, and the Churches, being perpetual; if they always purchased, and the Seculars impoverished; it must necessarily in the end come to pass, that all the wealth would rest in the Clergies hands, and all Nobility and Civility would have been utterly extinguished, the world being reduced to these two ranks of men, Ecclesiastical and Peasants.  
To prevent therefore so grievous and notable an inconvenience, the Commonwealth ordained, the year 1333, that there should not be given or bequeathed to the Churches, the perpetuity of any thing stable within the City and Dukedom of Venice; and yet if that any such bequeathment were made, after a certain time, it should be sold, and the price thereof to remain to the Church. The which law was observed diversly, till the year 1536, when it was established after this manner: That none might leave any thing stable to the Church for above the term of two years; during which time it was to be sold; and this not being performed by ecclesiastics themselves, a Magistrate should be appointed to execute the same. And from the foresaid laws, at divers times, so great both public and private good hath ensued, that some other subject Cities, even out of their municipal constitutions, decreed the same, partly of old, and partly in these our days. Which things, when the Senate had well pondered, to reduce their whole State to an uniformity, and to prevent the diminution of secular substance, in the year 1605 they promulged a Law which was ordained for the City of Venice, and together extended itself to the whole State; adding furthermore, That no man in the City of Venice, or thorough the whole State, might under any colour whatsoever, sell, give, or by any other means alienate to an Ecclesiastical person, any thing stable, without licence of the Senate, to be granted them after the same manner and form as was usually granted in the alienations of goods public, and that every alienation otherwise performed, should be frustrate, and the stable confiscated, with a penalty set upon the Notaries.  
For which considerations, three years before, 1602, to moderate the superabundant purchase of the Clergy, who under pretext of their direct title in some things of theirs possessed by the Laity, went about every day to appropriate the same to themselves, suing sometimes one, and then another of the possessors, 
Enfiteusi newly planted or engrafted.  and imposing the term of Enfiteusi upon all their Leases and Perpetuities; and by this means pretending daily a right in all sales, that either the possessors were decayed, 
When direct heir failed, to one but collaterally allied.  or that the goods could not descend to every kind of heir; to the great prejudice of the subjects, who were entangled and molested in continual brabbles and suits: upon occasion of a certain controversy moved by the Monks of Pragia, the Senate decreed, that Churches might not appropriate to themselves goods possessed by the Laity, per praelationem lineae, cum solidatione utilis, their direct right and freehold still reserved. The which was enacted, considering the use of this custom, for more than two hundred years, and innumerable judgements conformable thereto denounced, to take away all occasion of controversy and strife, and to set down a written form for the judges upon all occurrents to prosecute.  
These Laws, ordinances, and administrations of justice had been very well discerned, known, and observed by the former Popes, as well by the continual informations they have from the Clergy of this State, as further; by those particularities which they daily received from their Noncioes resident in this City; whereas also, many Popes have had full notice and knowledge thereof by themselves; some because they were borne and brought up in this State, others by having lived a private life in the same, discharging there the office of Confessors for many years; some the office of Inquisitors, and others having been Bishops of some cities. So that every Pope hath by some means had knowledge of the equity and justice of the Venetian laws, and of the arrests of their Magistrates; whereby we may suppose, that they never having reclaimed any of them, they have secretly in a manner approved of the same. judgements and arrests have ever been executed upon Ecclesiastical persons, and in times past more often than of late days; and the ordinances or laws above written, omitting more ancient Records, have been administered above this three hundred years, although now of very late time some of them have been newly confirmed; others more largely extended; and others of unwritten (which notwithstanding were observed) made written laws; and finally, are so expressed and divulged. Of which, one of the year 1602, and another of 1603, were perused by Pope Clement the Eighth, a most zealous and vigilant Pastor, and yet they could not give satisfaction to this Paul the Fift, who thought good, in the beginning of his Papacy, to examine the Laws and Statutes of the Commonwealth.  
But in the end of October last passed, in an ordinary audience, he complained to the Ambassador of this Commonwealth, because in seed vacant they had made a law, which prohibiteth the Clergy to purchase any thing stable; he further urging, that though it were instituted in the virtue and force of another former, yet that the Canon laws, both the old and new, were invalidious; for which cause it was his absolute pleasure it should be disannulled, enjoining the Ambassador to certify the Commonwealth of this his will and pleasure.  
Who performing as much, and having received order from the Senate, that he should lay open to the Pope the equity, justice and reasons of that law, and of the prerogative which the Commonwealth had for the making of such ordinances; the Pope ●●auing still to his former deliberation, said openly, he was content to hear them for their own satisfaction only, and not to consider any further of those their allegations; and so concluded, that upon this point an hortatory Breve should be directed unto Venice, showing 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 moreover moved another complaint for the retention (some few months before) of a Canon of Vicenza, and of the Abbot of Neruesa, alleging how it was his pleasure, that they should be put over to the Ecclesiastical Court, and that though the Commonwealth were privileged to judge Clergy men, yet this did not extend to such manner of persons, nor to such kind of offences, for which the two above named were imprisoned. And here I think it needful to digress a little, for a declaration of the true cause why these delinquents were committed to prison. Brandolino Valdemarino, Abbot of Neruesa, was accused and complained of for using many tyrannical courses upon the goods and wives of certain men that inhabited in the towns near about him; that he had killed divers persons with poison, and amongst these, one religious Priest, which was his Curate domestical; that he had given poison to his father and a brother; that he had caused divers men to be slain; that he had continual and daily carnal conversation with his natural sister; that he had used many magical and wicked practices to compass 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 divers persons against him. And Scipio Saracino, a Canon of Vicenza, was accused for having contemptuously broken up the public seals of the Rectors of Vicenza, set upon the Bishop's Chancery, seed vacant, for the custody and security of the Evidences and Writings of the Bishopric, at the instance and request of the Chancellor of the same; and moreover, that he had insolently carried himself 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 undecent means, attempted her chastity to the public scandal; for he forbore not to put in practise his luxurious disleignes, even within the Churches.  
But to return to the Pope, his H. in divers meetings with the Ambassador, persuaded the Commonwealth to lay aside all their reasons, and absolutely to obey him; and after some days he renewed fresh complaints against the law above written, which prohibited the building of Churches without licence: and at last, he resolutely came to this point, That he would have the foresaid two Laws revoked, and the two prisoners delivered to his Nontio then resident in Venice: wherefore on the tenth of December drawing two Breves, one upon the two laws, and another upon sentence given on these two ecclesiastics, he enjoined his Nontio to present them. But the Nontio (moved thereunto peradventure) because the Senate at that time had chosen an Ambassador extraordinary, to assay all mild and possible means to remove his holiness from this resolution, which he had undertaken, before well understanding 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 Breve, this being a thing not well approved of by the Pope: so that with all expedition he sent him commandment to present them immediately. Wherefore on the day of the Nativity of our Lord, when Duke Grimanni was even yielding up his soul into God's hands, and that the Signory with the Senators were assembled, of whom, some had already received the holy Sacrament of the Eucharist, others were to receive it, he requested audience, and presented the two Breves sealed, which were not then opened, by reason of the Duke's death, which happened the day following, while after election made of a new. They being at last both opened, they both appeared to be of the self-same tenor, and implied thus much: How it was given him to understand, that the Commonwealth in her decrees had constituted many things against the liberty Ecclesiastical and the authority of the See Apostolic; and that particularly she had extended throughout her whole dominion certain laws, which concerned only the City of Venice, which prohibited the building of Churches, Monasteries, and Religious places; and another which forbade the alienation of Lay men's goods to Ecclesiastical persons, without the Senate's licence. All which things, as being contrary to the Ecclesiastical liberty, he declared as invalidious, and he that instituted them had incurred Ecclesiastical censure, commanding under pain, latae sententiae, that they might be revoked and canceled, threatening, if he were not herein obeyed, to proceed further.  
Whereunto the Senate, about the eight and twentieth of janurie, made answer, That they had with grief and much wonder understood by his H. letters, that those laws, which through so many ages had so happily been executed by the Commonwealth, and which by no one of his predecessors were ever reprehended, and which to repeal, would be a turning topsy-turvy of the foundation of their government, were now found fault withal, as being contrary to the authority of the See Apostolic; and so they which instituted them, being men of singular piety, and that deserved well of the See Apostolic, which are in heaven, come herein to be taxed for Violators of the Ecclesiastical liberty; that they had, according to his H. admonition, examined the laws, both old and new, finding nothing in them which might not be decreed by the authority of a supreme 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 piety, would not without well understanding of the cause, persevere in his comminations and threatenings.  
And here it is first required, that we proceed a little further, and declare what the objections are which he makes against the two laws abovewritten, how easily and readily they may be answered; and together, what is the reason, justice and equity of these laws, and how lawful the power of the Commonwealth is to institute them.  
The Pope objecteth against both these laws together, That they are sedis Apostolicae auctoritati, & ecclesiasticae libertati immunitatique contrariae, tum generalibus Concilijs, & sacris Canonibus, necnon Romanorum Pontificum constitutionibus repugnantes; wherefore, above all other things, it will be very fit, that we understand what this Ecclesiastical liberty is, and from whence it took the original; seeing it is most certain, that this name is but new, and for twelve ages never so much as heard of in the Church. The holy Apostle S. Paul makes mention of a Christian liberty, in his Epistles to the Romans and Galathians, at full, showing therein, That by the sin of our first father we were all made servants unto sin, from which servitude Christ our Lord hath freed us, we being redeemed by his blood; and therefore he saith: Cùm servi essetis peccati liberi fuistis justitiae, nunc verò liberati a peccato, 
Rom. 6.  servi autem facti Deo, habetis fructum quidem sanctificationem, finem verò vitam aeternam. And to the Galathians he propoundeth another servitude to the ceremonies of the Law of Moses, from which in like manner Christ hath freed us, when he saith: 
Gal. 4.  Nunc fratres, non sumus ancillae filii, sed liberae, qua libertate Christus nos liberavit. This so great grace of liberty was given to no others, but to every one of Christ's faithful, and generally to the body of the Church. Wherefore some of the ancient Saints, called it the liberty of the Church, and none oppose themselves against this, except the minister of the devil, and the partakers of hell; and there is no doubt, but whosoever in the least tittle, went about to derogate from these laws, but that he should be an alien from the holy Catholic Church. But of this liberty we speak not at this present, seeing that the famous and authentic name of Church, which anciently was common unto all the faithful, as well Clergy as laity, seems now to be restrained for the most part, to signify the Clergy only. Whereupon liberty hath been granted to it, separate from the former, of which, as it appears, Honorius the Third was the first that made mention thereof, about the year 1220: but what the same Honorius understood by Ecclesiastical liberty, and the Emperor Frederick the Second, who in the same time, and at the instance of the same Pope nameth it so, neither they themselves express, nor is it yet well decided amongst the Canonists: for in all the Canon Law we find it not determined, neither be these things expressed which are comprehended under the same; as also there is no rule set down, how to judge of them: for the which cause, when disputation groweth upon any point, they do not agree upon it, what is against Ecclesiastical liberty. Liberty is defined by the Civilians to be a certain natural faculty, of performing what one will, as far as the laws permit. Some think, that this faculty in the Clergy, to do what they list conformable to the laws, should be the liberty of the Church; so that by this means, and in that sense, the same which is absolute liberty in the Laieman, in him of the Clergy it is liberty Ecclesiastical, and it consisteth in enjoying that faculty, which common laws afford every one. It seems this is the meaning of that chap. Eos qui: 
De imm. Eccl. in 6.  where it is said; that if any man forbidden the baking of bread, the grinding of corn, or such like services to be done to the Clergy, this would be presumed to be done in derogation to the Ecclesiastical liberty: Others are not of this opinion, but under this title, they comprehend those things which only concur with the Clergy, by reason of privileges granted unto them by God, or by the Pope in things spiritual, and in those temporal by Princes; so as by this means it signifieth no other but a privilege of exemption granted to the universal Church, as well in things temporal a, Spiritual.  
another opinion there is, which comprehendeth these two in one: Some call Ecclesiastical liberty, whatsoever hath been done in favour of the Clergy, and they say those Statutes are made against it, which make the Clergy more fearful, and the laity more insolent, the which is Bartoloes definition, 
Authen. cassa, C. sac. sanct. Eccl.  and it appears to be most applied to the exaltation of Ecclesiastical order.  
Now it is fit we declare, that in which soever of these senses you take these words, Ecclesiastical liberty, the ordinances of the Venetians Commonwealth, together with the condemnation, and imprisonment of Ecclesiastical persons, infringe no liberty; and withal, we will resolve such objections as are particularly made against any of those laws.  
The Pope allegeth no other special reason why the law of prohibition to build Churches, is offensive, but only because it was instituted; for so be the formal words of his Breve: 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 allege any other reason to prove his intention, that the prohibiting of the laity not to bequeath or give in perpetual, & not to alienate any thing stable to the Clergy, is against the liberty Ecclesiastical, but that it seems it is grounded upon a certain usurped jurisdiction, which the Secular power hath over Ecclesiastical goods; and these be his words: Perinde ac si temporalibus dominis liceret in Ecclesiastica bona, quae Ecclesijs, Ecclesiasticisque personis, & alijs locis pijs, à testatoribus, & caeteris Christi fidelibus, pro remedio peccatorum, & exoneratione conscientiae plerunque relinquuntur, aut alio modo conferuntur, ius aliquod exercere.  
But first of all, any one that shall but diligently consider, will of himself conceive, that to make a law which prohibiteth every body, as well Ecclesiastical as Lay, to build no Churches without licence, is not (as the Pope objecteth) to exercise a power over the Church; but rather over the ground, floor, or superficial part, where one may build; which no man can deny to be purely and merely secular. No private man that should forbid an Ecclesiastical person to build a Church upon his ground, could be said to ordain any thing against the Church, or any Ecclesiastical person; but that he may dispose of his own ground at his pleasure, and forbidden the use of a thing, which he is not bound by the law to permit or grant. That which may be built, is not called a Church; but that which is ready dedicated: every private man hath power over his own freehold, and the Prince hath a greater power over all the ground and freeholds of his dominion. Wherefore as it would be injustice to build a Church upon any private man's ground without his permission; no less an injustice it were to do as much in what place soever belonging to a Prince, contrary to his prohibition: In neither of these constructions is the liberty Ecclesiastical infringed: not in the former case; because no man hath liberty to use that of an other man's, against the owners will: and in the second in like manner; because God the universal Lord of all things, giving liberty to the Ministers of the Church to build Temples, he doth not in this take away private power and dominion, nor yet the Prince's empire and prerogative over the soil; neither did the Pope otherwise at any time, nor he cannot dispose of the same, being a thing temporal; and no Prince could ever with his privilege dispose of any thing in the State of this Commonwealth, which was born free; and so in no respect there is no derogation herein from Ecclesiastical liberty.  
For if this reason were prevalent, The Church is a spiritual thing; wherefore he which disposeth of the building of the same, goes about to dispose of a thing spiritual: it would follow, 
Roven, a kind of oaks.  that a Prince that should prohibit to put oaks or timbers into the building of Churches, which likewise serve to build galleys, ships, bridges, and for other uses; or that through scarcity should forbid to cover them with lead, for which he had more necessary use in the wars, he might be said to make a law against the Churches, and the covering of them, it being notwithstanding true, that his ordinance is but upon timbers and lead, which are merely temporal things. What is it I pray you which may not be dedicated unto divine worship? Why surely nothing; for sin only being opposite and contrary unto God, all other things may be consecrated unto him. He therefore that disposeth of a thing by forbidding it not to be dedicated; shall he in this offend God? No questionless.  
For the commandments of divine honour being affirmative, comprehends not all matter, all places, all times, as they would have them to do that wring every thing to Ecclesiastical behoof; but he permitteth, after nothing is wanting to his service, that the rest be applied to human uses, and that there may be ascribed to himself, what is aptly decent and fit.  
If it were lawful against a Prince's will to build a Church in any place, it would be in like manner lawful to use any matter, or what workman soever; the which extending even to the furniture and ornaments of the Churches, and of the sacred implements, it would follow that every cloth, all metal, wood, or any other thing, should belong unto the State Ecclesiastical: the absurdity of which consequences do evidently declare, that as the Church being once dedicated, it pertaineth then to the Spiritualty; so no place can be dedicated, without the permission of the Temporal Prince: and the equity of this law hath ever been apparently known unto the world. 
L. sacra §. 1. ff. de re divis. 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, showeth, that in those days no man could consecrate an altar, iniussu populi. Under the heathen Emperors also, there were four laws which forbade the consecration of any thing without the Princes leave; which justinian having placed amongst the Digesta, out of doubt he hath adapted them to our religion, and given them vigour also over the building of our Churches: and whosoever shall read the Ecclesiastical Histories or justinian his Novels, will find, that in the emperors days, as well in the East as in the West, it hath in this point been referred to the Prince above all others; so that their licence and favour was ever requested to build new Churches; and further, that not any did ever so much as think of the building of a Metropolitan or Cathedral Church, without the express decree and permission of the Prince. Upon this point we may peruse the 27 Novel of justinian, and that which Balsamo very copiously relateth upon the 17 Canon in the Council of Chalcedon. And here it will not be much from the purpose, to add the custom of France, where they can not build any Churches without express grant by the King's Letters-patents; and moreover, the arrest or Act of Parliament. And further, to set down an example of some place in Italy, we have it here recorded, that in the Commonwealth of Genoa, there is a particular constitution, that without the licence of both the Colleges, they can not build any Monasteries, under penalty of confiscation of the place.  
But the Commonwealth of Venice never cast her eye so much upon the material Churches, as on the persons which were to govern them; for every Order of religious men befit not any place. We have an excellent example of this in the famous government of the Kings of Castilia, where, without the King's licence, no new religious Orders can have any entrance into those Kingdoms; and therefore even at this present the Cappuchine Friars could never be thither admitted. And there are not many years past since the Fathers of S. Francis of Paula began to build a Church in Madril, without the King's permission; which work King Philip the second made stay of, the Church itself yet remaining for an example, it being begun, and not finished. And your holiness having sometimes been Nontio extraordinary to that King, may peradventure have seen the same.  
The foundations of this decree are no less equal, reasonable and lawful, than most necessary; for as it would not in any wise be permitted to a great number of a strange State, contrary in their customs of life, and having divers ends from those of a Commonwealth, to enter into the State of such a Commonwealth, to gather themselves together into one place, to make amongst them an head, and in secret to practise with the Prince's subjects; seeing this would be presently interrupted as a suspicious and pernicious conventicle: So under pretext of some new Monastery, many of other nations sometimes may come in together under an head, they being contrary in customs and affections, and by the opportunity they have, through Confessions or other Spiritual conferences, insinuating with the Prince's subjects, they may by this means corrupt them in their fidelity: this in like manner, for many excellent causes, is diligently to be looked unto, for the public preservation and peace of the State; and even for this very respect it greatly concerned the Commonwealth to dismiss certain Fathers of a Monastery, all of them being of strange nations, because divers men of the Arsenal were seduced by them. And thus we may see, that the Oratories and Monasteries in a City which consist all of one Nation, especially when they are replenished with divers sorts of men, can not be entertained without notable danger, if the Prince be not always made privy with what passeth amongst them in their assemblies. Unto this may further be annexed, that buildings which are not situated in convenient places, they bring great damage unto Cities, and especially to those which are strong and fortified: and it is well known how many Cities have divers times been lost, by means of a Church built without the walls, not far from the Town ditch, when it hath come into the enemy's hands there encamped: as also in like manner, what hurt such a building near unto the walls within hath procured: and so what a number of aedifices and erections, for important respects, have been razed and plucked down for public security, to the no small wonder (sometimes) of devout and ignorant persons.  
It is not only profitable for public good, as hath above been showed, that Churches should not be built without licence; but further, it is requisite for the Churches themselves, to the end that any man, at his own will and pleasure, may not erect them in undecent places, near to public Stews or common Necessaries; nor of unseemly form, or without the convenient decorum due unto the majesty of Religion; so as they might serve rather for derision, than any thing else. And we see, that the great and superabundant number of Churches is not profitable for devotion, but rather quite contrary; for when they are too many, due services can not be discharged to all; and one Church ill served, procureth more indevotion, than ten well employed can prevent: as also, the alms sufficeth not for all the Churches, when the number of them exceedeth; so as neither the old nor the new have their requisite cures.  
Through God's grace and favour there want not Churches and other holy places in the City of Venice, and in all others subject to that State; and these such and so many, that some Cities replenished with the relics of innumerable Martyrs, scarce decently preserved, may take an example from them: and yet for all this, the Senate never forbore, when convenient opportunity was offered, to give licence for the building of new Churches and religious places, wheresoever it fell out fit; and in like manner, to admit ingress to new religious Orders, after the enacting of the said law.  
But who will not marvel, when he shall hear the penalty of this Venetian law, imposed upon him which buildeth Churches without licence, reprehended; it being objected by the Opposer, That to build them is in itself no wicked act? As though a work of his own nature, and in itself good, if it be performed without due circumstances, is not vicious and deserveth chastisement. Not from the matter or object only (saith Aristotle, and after him, 
2. Ethic. c. 6.  all the Divines) is an action construed, but from the integrity of all the circumstances. It is good to build Churches in place, time, and manner convenient: but without these conditions it is not good to build a Church on another man's ground; neither is it just, without the owner's consent. Besides the dominion which every private man hath, a Prince hath a far greater power over all places, to whom both the owner and the place itself is subject; so as we may not do with them what the Prince prohibiteth and consents not to.  
Out of question, I have spent many more words herein than was requisite, that every one (if he have but common sense) may conceive the reasons and occasions of this law: but I repent me not hereof, because they may also serve for a defence of that law of 1605, which prohibiteth the Laity to alienate any thing stable to ecclesiastics. For this doth less dispose of any thing of the Church, neither imposeth it any thing upon Ecclesiastical persons, but only upon Seculars and Secular men's goods. What injury shall a Prince offer in this, when he commandeth his subjects to have no commerce with some kind of persons? The prohibiting of foreign transportations, or to bring in all kind of merchandise, is an usual thing in all Kingdoms: is it therefore an injury to strangers? I think no man will subscribe to this consequence; and so much the rather, by how much private men make such a law upon their own goods, when in contracts livellarie they set down conditions, 
When one builds upon an other man's floor.  that the livellaries shall not sell or alienate his goods to the Church: and yet every one doth this. And others in their Testaments, to keep their goods in their house, they devise covenants, that it may never pass over to the Church. All laws de fide commissa would be against the liberty Ecclesiastical, because they forbidden the making over of any goods to the Church, and those of Falcidia Trebellianica also, because they all detain that portion from the Church, which being taken from the legaced, they would have then remained unto the true heir.  
I know that some one very desirous of the augmentation of Ecclesiastical rights in the Temporalty will affirm, that so it is; but I believe his opinion will have but a few followers: and it is a great wilfulness, to condemn actions and ordinances which all Christendom, from a thousand five hundred and more years since, hath not only (I will not say) admitted; but further, praised, commended, and thought them serviceable unto God.  
There are indeed some, who in favour of the Secular may say, That it had been, and would yet be very lawful, to constitute a law, that none might sell their stable possession without licence: which general caveat would also comprehend the ecclesiastics: and the Prince, being sued unto for licence, might readily grant it, when the alienation were to pass over to a Lay man; and so to deny it upon the demise to an Ecclesiastic; and this would not be against liberty Ecclesiastical.  
To whom we must answer with some liberty, for if they would a little look over their Logic, they should find that the whole genus being granted, every species in private and particular is yielded unto: so that whosoever grants, that a Prince may absolutely prohibit any alienation, he must needs likewise confess, that he may prohibit it in Strangers, Noblemen, Ecclesiastickes, or in whatsoever kind of other persons in particular. They say he may do this absolutely to all; but so not to the Clergy alone: and the Logician says; he may universally to all; and therefore also to the Ecclesiastical in particular.  
But yet we will speak unto them somewhat more seriously, and advise them to study 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 sin to procure that lay goods may not be passed over to ecclesiastical persons, why do they condemn it? why reprehend they it? Hath not the Prince done well enough, in no ways offending of God; and if it be sin, when the same effect remaining, the words are but only changed; what have they done else in this, but jested with God, and thought to deceive him with Sophistications? It is not God's pleasure that such like thoughts should ever come into a Christian man's heart. If it were Gods will, that the Clergy ordained by him to attend Spiritual things; & allowing this institution, that they should be made owners, not only of a part of Temporal things, but even of all; we ought not then to honour them with words only, but even with deeds to procure also, that assoon as possible, this his divine will might be effected.  
But let us proceed to declare more perspicuously, that a Prince by such a law ordaineth but truly of his own things, and not of those of the Church. This is most manifest, that if any service lie upon a possession or tenure, the owner of the same cannot pass it over so to the Church●, as that this service and bond may be frustrate: but whatsoever possession stable there is in a State, it oweth subjection to the Prince, the which is greater and much more strict than can any ways belong to a private man; for the power of a Prince over all goods, is far greater than is the prerogative of a private man. A Prince by his power for public good, may extenuate and utterly take away a private right; but a private Lord can in no wise derogate or take away from the power of a Prince: for even by his will and gift, or any other means he cannot procure but that a Prince will have his interest therein. Let every one but weigh and consider how conformable to nature it would be, that any thing should pass by the disposition of a private man unto the Church, and that for this cause it should be free from subjection to the Prince. But they will answer: they are content it should be conveyed over with bond and obligation, to pay all such duties as it was charged withal in the Lay man. Very good; but why at this present do they consent hereunto, and in times past they would be exempted from all covenant and bond. And yet moreover we may affirm, that a Prince hath other right over all stable goods, besides ordinary tributes; seeing he may challenge extraordinary duties also in the same, without the which covenant, it is not reason it should be conveyed over, because as well as the others, he may tax it with other impositions. And if this seem somewhat a hard condition, yet is it but natural. But further yet; if the Prince challenge some personal services from the possessors, as in the wars, offices, Court attendance, or any other respect; why should he lose it? and beside this, the Prince hath ius, to confiscate that stable possession for the Lords offence; but being passed over to the Church, it is not then confiscable; and therefore why should the Prince lose his ius? and here occurreth a most notable example to convince these opponents.  
Ecclesiastical Benefices are void by the death of the Intendants, and therefore the Court of Rome hath the first fruits, and the price of the Bowl. Many Benefices belonging to Monasteries, Chapters, and other Fraternities, the Pope's perceiving that by such a dependence they lost that benefit, which otherwise by the curates death came unto their hands, and they considered that under every fifteen years, such a vacancy might have fallen out; and therefore they ordained, that all Benefices thus depending, should pay every fifteen years a fifteen. So in like manner may a Prince suppose, that under every hundred of years, a possession may come to be confiscated, and so make them pay every hundred years a valuable confiscation.  
To prevent which, in some kingdoms there is a custom that when any thing stable is conveyed over to the Church, the same is bound to give homine vivente moriente, and confiscabile, till the stability be by royal authority extinct. 
Every fifteen a fifteenth, & once in an hundred confiscable value.   
Stable possession also, is oftentimes sold, and payeth for the same some duties to the Prince, or goeth to strange heirs, for which likewise a certain portion is paid: as in like manner, if after the term of many years, one of these accidents should occur, would it be reason that the Prince without any consent given thereunto, should be deprived of these his rights? And therefore the Statute of 1605 is very just and iuridiall: and if together with licence for the reasons above alleged, there were a peculiar duty paid upon the conveyance over of any thing stable to the Church, it would not be unjust; for in France and many other kingdoms, when any thing is passed over 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 service from it as before. There is nothing therefore committed against justice and equity, if the Prince seeing himself to lose so many royalties, and perceiving the Clergy to enjoy twenty times so much as they may well content themselves with, deliberate and resolve to stay their hands, and to permit no further purchase without licence: the which notwithstanding he may grant them when it shall be convenient. These respects of confiscation, sale, and legacy unto strangers, concurring also with the ground or superficies where any determine to build Churches; no wonder though a Prince permit not, that his royalty therein be amortizate without his licence. But proceeding yet somewhat further; they which deny a secular Prince this prerogative, to make laws upon Ecclesiastical goods, or that Ecclesiastical persons should be subject to secular laws, they nevertheless consent to this, that any kind of laws may be instituted to comprehend within them also the Clergy. But public good requireth, that this most principal member of a Commonwealth should be preserved, which is, the part Secular, in that it bears all burdens, performeth public actions, as well real, as personal, 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 just, and it is but convenient, that this member should be protected by the Prince, so that his own good and treasure being preserved in the same, it may retain necessary force to serve the Commonwealth: & if it grow from this, that the ecclesiastics have less than they should have; this comes not directly from the Prince, but acaccidentally occurreth; and the laws or justice hath never respect to that which ensueth indirectly or by accident: neirhet is it presumed, he doth injury his neighbour that hath only reference to his own peculiar profit, although it may well grow thereupon, that his companion is deprived of some gain, which otherwise he might have made to himself. 
l. si quis ne causam ff. si ●ert. pet. c. quia diversitatem de conces. praeb.  I confess, if this law were not, the Church indeed might be more enriched; but iniunctive charity and God commands us, that every one should first regard those things most necessary for himself, and that is, to follow his vocation. He that preserves his own, preserves it out of doubt from coming into another man's hands; and one never grows rich, but another is the poorer for it: and yet it is not against the rule of charity to prevent our own poverty, because herein we hinder another man's enriching. A Prince must have a care, that the peace and power of his Empire be maintained.  
And if from hence it come, that the Clergies allowance shall not augment, the Prince must not have an eye to that. Gaietan, who was followed by divers others, 
In Summa ner. excom. c. 31.  denieth that Secular statute to be against Ecclesiastical liberty, which restraineth and moderates the expense of Funerals, Marriages and new Masses; and yet it manifestly proceeds heerefrom, that the Clergy are by this means deprived of those gains, which otherwise they should enjoy, if all excess were lawful.  
If the Clergy would buy or purchase, 
12. q. 2.  with what money shall they buy or purchase? The granted Canon commands, that the Ecclesiastical revenue should be distributed into four parts; the first for the Bishop, the second for the Clergies maintenance, the third for building, and the fourth for alms to the poor: the which was also confirmed by Charles the Great, in his Capitolar. 
l. 1. c. 87.  The Clergy certainly would not purchase with the first or second part; and it is not convenient to take away necessary maintenance: to let old buildings go to the ground to buy new, there is no reason, and it would be against public good; and to employ therein the fourth part, which belongeth to the poor, piety will not suffer, nor the saying of our Lord, seeing S. Paul commands us to have always in remembrance, Beatiùs est dare, quàm accipere. Wherefore returning to possessions left or bequeathed, we must observe, that by this law the Church is not denied to hold all that which is given or bequeathed unto it; the which, though they have not in proper kind, yet have they the price, which is equal to the thing.  
It would peradventure be from our purpose, to add hereunto, but very briefly, that it would be as evil, as profitable, for the Clergy to possess superfluously; for by this means they have forsaken God's service, which they have in charge to prosecute; and in the Ecclesiastical laws there is an whole title to this effect: 
In decretal.  Ne Clerici, vel Monaci secularibus negotijs se immisceant: where it seems, 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, ut ei placeat cui se probavit. 
In Matth. hom. 26.  There is a long discourse of S. john Chrysostome, wherein he showeth, That two main inconveniences proceed from the riches of the Church; one, That the Laity by that means cease from giving of alms; and another, That Clergy men, leaving their cures, which is the cure of souls, they become Proctors, Economists, and Tolegatherers, practising things unbeseeming their ministery.  
The Clergy sometimes with grievous complaints do urge, That they are forbidden that which is permitted to all other sorts of men, even unto the vilest and most infamous; as if they were of worse quality than they. To which we may answer: First, that every thing is not convenient for every body: and it is no consequent, though one thing be granted unto others, that therefore it should be permitted them also. Soldiers and Gentlemen are suffered to go armed; should the same be likewise permitted unto them? And the same not being granted, may they justly esteem themselves herein injuried, and that they are worse entreated than all others? when if any body in the Commonwealth possess more than his part, it is convenient he should purchase no more. 
Novel. extrau.  Constantinus, Porfirogenitus, Romanus & Basilius, Emperors of Constantinople, made laws, that the patricians and Senators, Bishops and Monasteries, might purchase nothing of their inferiors by sale, donation, or testament, to preserve that necessary member of the Common wealth: and so may the Senate make another law upon the goods of the subject, convenient for their good government, when need requires: and so they have done upon Ecclesiastical persons at this present, because the body of the Common wealth must be kept in such temper, to the end that any one member exceed not his due proportion, & that the body by this means become monstrous; and taking to itself more nourishment than is requisite, it may prejudice the other members, in abridging them of their allowance; and so of itself not being able to digest this superfluity, it comes to be possessed with evil humours, whereupon, first infirmity groweth to itself, and afterwards corruption to the whole body. But the Ecclesiastical 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 drawn unto itself a portion of the goods, not proportionable to the same: for in the territories of Padua they have more than a third part; in the precincts of Bergamo more than the half: and there is no place where they do not enjoy 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 country, leaving all others poor and naked, yea, even slaves, and cutting off the Seculars from all sustentation and nourishment.  
The time and place present require a law, which may prohibit such an excess. In ancient times, when the State Ecclesiastic was governed after the same manner as the blessed Apostles instituted it, and the holy Fathers after their examples prosecuted the same, it was then very profitable that it should possess much; and in the body of the Commonwealth it was like the stomach, which received indeed all the meat, but so it digested little for itself, and much for others. And thus the Clergy possessing much, and participating but sparingly of the profit of the incomes itself, but distributing all the remainder in alms deeds, they were very emolumentall to the Commonwealth: for the which reason also, every one laboured to power upon them goods and possessions, because the more they had, the more it redounded to public utility and profit, in which the ecclesiastics were Guardians, and Procurers for the poor and needy; so that from this no monstruositie was derived, goods Ecclesiastical being as common goods, which gave nourishment and increase to all the whole body proportionably, and not to one part alone. But this laudable custom now being come to an end, the substance and goods conveyed over to the Church, surmount in measure and equality; and this is too disproportionable for the body of the Commonwealth, which would find a great discommodity, if it should further augment: neither could it be well governed, but of necessity either it must be reduced to his true measure and proportion, or else the ruin of the whole body must succeed. And though we have spoken of Ecclesiastical goods, as common to them all, yet is not the possession thereof equally divided amongst them; nay, and which is more, the fourth's of the Religious live not upon the Church revenues, but upon alms, and secular men's devotions; the possessions and revenues lying in the hands of a few of the Clergy, which scarcely amount to the fourth part of them. And that which more importeth, is, that the moiety of these inhabit out of the State, and yet these hale unto themselves all the revenues, with most evident loss and prejudice to public services and employments.  

Ad fra. in er●m. ser. 52.  And if in better times, when men thought more on heaven than on the world, and when the Augustine's flourished, who refused such inheritance as was left unto the Church, by depriving of their own children, there was such purchase made; what would fall out in these our after days, there now living a number, who with devices and deceits labour still; for out of doubt it is to be feared, that in two or three hundred years, their purchase will grow to that height, as they will become Lords over all. There are Monasteries which have been now built this three hundred years, and yet have they not the fourth part of the revenues which some have that were built within these forty years. Now there are divers Religious orders, which are prohibited to possess any thing stable; the which if it were removed, which in probability might easily be done, because we see as much done by four most numerous orders, besides some other minors; let any man that hath judgement but imagine, what purchase in a moment would be made.  
Many things in their beginnings have been good, which altering with time become most pernicious. The purchase of the Clergy men, which was excellent in the beginning, is fallen by four degrees, unto this present State: First, 
Act ....  the possessions were sold, and the Clergy and poor were maintained of the price: Afterwards they studied how to retain the freehold, and to maintain the poor of the incomes: Thirdly, there was distribution made of it, into four parts; one for the Bishop, the second for the Clergy, 
c. futurum etc. ......  the third for the building, the fourth for the poor. Now there is a stay of the profits, and an opinion start up, which by all the Divines & good Canonists, was ever rejected: that, 
c. concesso.  Clerici sunt Domini fructuum: although the sacred Canons and holy Fathers have ever constantly preached, that the Ecclesiastical goods belonged to the poor: For which cause also the sacred Council of Trent: Omnino interdicit Episcopis, ne ex reditibus Ecclesiae, consanguineos, familiar sue suos augere studeant, cùm & Apostolorum Canones prohibeant, ne res Ecclesiasticas, quae Dei sunt, consanguineis donent. Sed si pauperes sint, ijs ut pauperibus distribuant. And a little underneath; Quae verò de Episcopis dicta sunt, eadem non solùm in quibuscunque beneficia Ecclesiastica tam saecularia, quàm regularia obtinentibus pro gradus sui conditione observari, sed ad S. R. E. Cardinals pertinere decernit.  
And ecclesiastics should not so sinisterly interpret a law made for a public necessity, it being so conformable to equity and justice, and say that it was made to make them inferiors to base and illiberal men: they might rather have said, it would be far better that they would live conformable to the Apostles. But will they then peradventure allege, 
Act. 4.  that the Apostles themselves selling all their possessions & distributing them to the poor, were of worse quality and condition than the most infamous sort of men? Shall so many fraternities of Regulars, which possess nothing, be reputed infamous or vile? And if they answer that they do thus voluntarily, it may be replied, that voluntary or not voluntary, make some difference indeed, about the being meritorious or virtuous, but not about the being honourable or base: For this purpose there is a Canon worthy of consideration, 
De consec. distin. 1. c. vasa.  wherein it is said: Bonifacius martyr & Episcopus interrogatus si liceret in vasculis ligneis sacramenta conficere, respondit, quondam sacerdotes aurei ligneis calicibus utebantur, nunc è contrario lignei sacerdotes aureis utuntur calicibus.  
But let them be contented willingly with that which they have, which is so far above their share; and so we shall quickly be at a point. The example of Moses is worthy of imitation in chap. 36 of Exodus, who having exhorted the people to offer up gold, silver, and other precious things for the building of the Temple, when there was more offered than was convenient, he appointed by a public proclamation, that no body should offer any more. And we may add unto all this, an other reason also; If by these laws the Ecclesiastical liberty were infringed; then by the Laws Pontifical also, which prohibit the ecclesiastics to alienate any thing to Seculars, the Secular liberty should be injuried, and by this means they might make Laws, to take away other men's liberty, and they might not do the like again unto them: and this reason is so much the more prevalent, in that Lay possessions though they might not be passed over to the Clergy, yet the price thereof might be conveyed, and with licence the goods themselves by a just sale; but the ecclesiastics can not alienate upon any gratuite bargain whatsoever, nor sell, nor change, but with good gain and advantage; and if the Seculars which have more reason, complain not of this, why should they grievously complain for a matter of far less consequence? I will finish this point with this saying; That before the year 400 of our saving health, Valentinian, Valent, and Gratian made a Law; 
C. Theod. de ep. & cler. l. 20.  That the Clergy might not purchase any thing of women; the which law was also put in ure by Saint Damase Bishop of Rome in those days when it was published, it being openly proclaimed, and also for a long time after it was observed in Rome; and S. Jerome who makes mention of it in his Epistle to Nepotianus, saith, he found no fault with the law, because the Clergy had worthily deserved it; but only he grieved at their avarice, which had given Princes just occasion to make such an one. There was such a like law also made in Saxony by Charlemagne of famous memory, which was long observed and kept. In the year 1300, 
Polyd. l. 13. Hist. Anglicae.  Edward the Third King of England, made a law precisely conformable to this, and though the Clergy resisted, yet was it for all that put in execution. 
De cont. t. d. 2. 140. l. 2. t. 8. §.  Lodovic Molina testifieth in the ordinances of Portugal, that there was a law made; that Churches and Monasteries might not, either by sale, donation, or succession, purchase any thing stable, to the end that Ecclesiastical revenues and possessions might not immeasurablie increase, to the prejudice of the laity; he further adding, that in other kingdoms of Spain also the same law was in force. Certain it is, 
Petr. Bolug. in spe princ. R. 13. C.  that james king of Arragon constituted in the kingdoms subject to that Crown, that Realenco goods (for so they term them which hold in capite, or pay any thing to the King) might not be demized over to the Clergy without the King's licence. In France the same law was enacted by S. Lewes, which was a strange matter, and afterwards successively confirmed by Philip the Third; Philip the Fair, 
Hen. 17. c.  by Charles the Fair, by Charles the Fift, by Frances the First, by Henry the Second, by Charles the Ninth, and by Henry the Third. And yet the Commonwealth of Venice, now three hundred years since, having made the same law for her City and Duchy, we can say no less, but that the extension of the same over her whole State and Dominion, is an innovation, seeing Saluius Guilianus answers; Omnes debere sequileges & consuetudines urbis Romae, as the Emperor justinian reporteth; 
C. de vet. iur. enuel. §. sed etsi.  And in Sicilia the year 1296 King Frederick (as it is written in the Capitular of that kingdom) made a law of the self same form that the same of Venice is, in the year 1536, but that it gives the respite but of a year only.  
Pius Quintus in like manner in the town of Bosco, where he was borne, having built there a great Monastery, because the town might not come to decay, he prohibited for ever the Clergy, to buy any thing of the laity: and Clement the Eight perceiving how much the house of Loreto possessed, for preservation to the laity, he forbade them to buy any more. And in Genoa also, there is a general Constitution, that all goods should be tied to the Commonwealth, so as they might not be alienated to the Clergy. Peradventure some will answer; that Pope Clement made such a law, as a temporal Prince, having first asked leave of himself, as he was Pope, to do so. A very profound consideration indeed, but yet not conformable to the , moral, and divine doctrine, which teacheth that God having given the government of a State to him that is Prince thereof, with independent power in things temporal, he hath also given him authority of himself, and without the licence and permission of any body else, to make all those laws which are necessary to maintain it.  
We never find that God made any precept or commandment, which to perform we must needs have leave of an other. In things indifferent, or good, so they be liberal and free, it may so occur, that an error may be committed against the superiors will; but for those which are expressly commanded by God, that which S. Peter saith, doth touch them near: Obedire oportet Deo, magis quàm hominibus. 
Act. 5.  If God said to a Prince, Make those laws which are necessary for public peace and tranquillity; and if thou failest herein, I will be offended with thee; and yet we must needs have licence to obey him, and licence being required, whereas without, non licet: shall not then that which God commands be lawful? Nature in all her final drifts giveth also such faculties and powers as are necessary for the attaining to the same; and shall God set down an end and commandment which can not be executed without the favour of men? This is too great an inconvenience. But let us return to the matter of the same law, the which as it is in itself no new invention, so the most famous Civilians have discussed of the same, and defended it for just; and amongst others, there is Baldus, the Archdeacon, the Abbot, Signarolus, Alexander, 
Bal. c. qua in ecclesiarum, c. ecclesia S. Mariae de constit. Arch. c. R mana, de app. 16. Abb. l. 1. cons. 63. Signorolus cons. 21. Alex. cons 93. Barbat. l. 2. cons. 14. Crotus l. 1. cons. 5. Tiraq de retract consang. §. 1. gl. 13. Gail l. 2. cons. 32. Capit. de fac. pol. l. 3. to. 1.  Barbaccius, Crotus, Tiraquellus, Gaelius, Renatus, and Copinus; by reading of whom every one may plainly discover, whether this were any sufficient cause, against which to proceed with censures, and the principallest points in such a sentence not having been duly observed. Whereupon it will not be altogether unprofitable to deliver some thing also about the order observed by the Pope herein, to the end that we may plainly see how many nullities passed in the management of such a business; of such a judgement or censure I will not say, because wanting all substance thereof, it can not so justly be termed. The Divines say, That an unjust sentence may well appear externally to be a judgement, but in itself truly it is not so: as also, That every unjust judgement is of itself nothing; and That an indirect judgement is no more a judgement, than a dead man is a man. But what? we see in it a plain formal defect, and this of that substance, as it makes it altogether immomentall. First it was declared, without any citation preceding, That the old and new laws, of not alienating of goods, and building of Churches without licence, are against the authority of the Apostolic See, and of Ecclesiastical liberty, and that the Lawmakers themselves have herein incurred censure; and yet it is an apparent point in all the Civilians, That citations are de iure naturali, and also very requisite in all causes declaratory. The which may well serve for a nullity of the abovementioned Breve, and of whatsoever hath been prosecuted in virtue of the same. But that so many godly men already dead in Christ, and which have always communicated with the Popes of their times, should be denounced excommunicate; what is it else, but to condemn so many of the Pope's predecessors, and to aver, that they discharged not so well their care of souls as they ought to have done? And I assure you, amongst them there were divers Popes of singular virtue and piety.  
The Pope yields a reason, why he determined to proceed against the Commonwealth, saying: Cum praetermissi officij nostri, & causae Ecclesiae desertae à nobis rationem extremo judicij die exigi à Deo nullo modo velimus; neque enim existimetis nos qui alioquin pacis & quietis publicae cupidissimi sumus, omnesque nostros cogitatus eò intendimus, ut soli Deo interuenientes rem Christianam, quantum possumus, pacatè gubernemus, quique omnium animos, praesertim maximorum Principum, nobiscum ea in re consentientes esse optamus, si aliquando Sedis Apostolicae authoritas laedatur, si Ecclesiastca libertas, & immunitas impetatur, si Canonum decreta negligantur, Ecclesiarum iura, & Ecclesiasticarum personarum privilegia violentur, quae muneris nostri summa est, id aliquo modo dissimulaturos, aut officio nostro defuturos; hac verò in re id vobis persuasum esse volumus, nos nullis humanis rationibus moveri, aut quiddam praeter Dei gloriam quaerere, aliudque habere propositum, nisi perfectam, quoad eius fieri possit, Apostolici regiminis functionem. And surely his H. not without just cause, may well fear a judgement divine, having offended in his Pastoral office, because God threateneth by jeremias: Veh Pastoribus qui dispergunt, & dilacerant gregem pascuae meae, dicit Dominus. Ideo haec dicit Dominus Deus Israel ad pastores qui pascunt populum meum, dispersistis gregem meum, & eiecistis eos, & non visitastis eos: Ecce ego visitabo super vos malitiam studiorum vestrorum, ait Dominus. And to the people he promiseth: Dabo vobis Pastores juxta cor meum, & pascent vos scientia & doctrina. For this is most certain, that the very sum of all Pastoral charge consisteth in the preaching of the Gospel, in holy admonitions and instruction to Christian conversation, in the administration of the Sacraments, a care over the poor, and in the punishment of such offences as absolutely exclude us out of the Kingdom of God: these being things which our Saviour Christ recommended over unto S. Peter, committing them to his charge; the which things only were practised by him, as also by the holy Martyrs his successots, and the holy Confessors also, which succeeded them from time to time; but not in such a manner, as the darkness succeeds the light.  
In the sacred Scriptures we learn, that the glory of God consisteth in the propagation of the Gospel, and in good Christian life; 
2. Cor. 4.  and in brief (as S. Paul speaks) in the mortification of the external man, in the life of the internal, and in the exercise of charitable deeds. For if the glory of God should lie in the abundance of Temporal goods, we might have just cause to be afraid of ourselves, seeing Christ hath promised to his nothing but poverty, 
john 15.  persecutions, discommodities, and to conclude (as the same vulgar know very well) troubles and want are the true trials of the ftiends of God; 
Math. 8.  and no man (saith the Gospel) follows Christ, but after he hath taken upon his shoulders his own cross.  
That which by some one hath been dispersed in divers places, and to many persons, is very different from the doctrine of S. Paul; which is, 
1. Cor. 15.  That it can not be seen wherein this city can be so truly commended for religion; for though alms and charitable deeds towards the poor abound in the same, as also ornaments of the Church, and worship divine; yet for all this, the very substance of a Christian consisteth in favouring the Ecclesiastical jurisdiction: and in Venice we see the contrary to this. 
1. Cor. 15.  The saying of S. Paul is: Si tradidero corpus meum, ita ut ardeam, charitatem autem non habuero nihil sum. We read in the holy Evangelists, that our Saviour in the day of judgement will demand an account of the wicked for not having used the works of mercy & pity: Esurivi enim, & non dedistis mihi manducare: 
Math. 25.  Sitivi, & non dedistis mihi potum: Hospes eram, & non collegistis me: Nudus, & non operuistis me: Infirmus, & in carcere, & non visitastis me.  
But so we need not to fear, that God will call us to an account for cutting off all liberty from the wicked to offend their neighbour; or that a part or portion of goods belonging to them, should be allotted to the Seculars: nay more than that, we may boldly give all the goods of the Church to the poor, without any ways offending of God therein.  
Neither may we here also omit to ponder a little the last words of that Breve, where it thus runneth: Quinimo, nulla alia ratione meliùs publica illa Christianae religionis incommoda, in quibus evitandis tantopere insistitis, long à vobis propulsabitis, quàm si Ecclesiarum, & Ecclesiasticorum, qui pro vobis dies ac noctes excubant, & assiduas ad Deum preces effundunt, immunitates & iura (prout religiosos & pios viros decet) conseruaveritis.  
The Commonwealth questionless hath need to be assisted with the Clergies prayers, for which cause she daily recommendeth herself unto them, as understanding well what the Wise man saith: 
Eccle. 21.  Deprecatio pauperis ex ore usque ad aures perveniet. And they grieve, when as but few intending these holy actions, by their evil example, they are an occasion of great transgression in the Laity: whereupon in stead of pacifying divine justice, and moving him to mercy towards us, they rather stir up the more God's wrath to punish us, by the means of Infidels and miscreants. And we must not believe that the prayers of the fortunate and rich are aptest to appease his Majesty divine, of whom it is written: 
Psal. 21.  Non despexit deprecationem pauperis: considering that then a number of Monks and Hermits, which did and do live in great poverty and humility, had done and do very evil therein, they being otherwise of a firm belief, that in such a State their prayers will more easily ascend before the presence of God.  
But now it is high time to pass over unto the third point in controversy; the which consists in the matter of sentencing ecclesiastics, the which subject must distinctly be entreated of, seeing the Breve upon this argument was also presented at an other time. Peradventure divine Providence herein had a hand, that an error should be committed by one of the Pope's ministers, whosoever it were, in presenting of the Breves, to the end his holiness might have some time better to weigh of what moment the affair was, which he then took in hand; but notwithstanding this, his Ho. forbore not expressly to command, that the other Breve upon the two prisoners should be presented, as it was on the 25 of February, with this superscription; Marino Grimano Duci, & Reipublicae Venetorum: although his Ho. was privy to the death of that Prince, which had fallen out two months before, and he had procured congratulatory offices to pass betwixt him & this renowned present Prince his successor. Some Canonist peradventure may defend this action with their doctrine; Papa est judex vivorum, & mortuorum; but rather we may suppose he imagined thus, that the self same dignity remaining, the change of persons was of no great importance; in which point notwithstanding, the Canonists are quite opposite against him, who are of opinion, that in treating of censures, it being termed an odious subject, the words ought most strictly to be construed: so that if he pretend this present renowned to be sufficiently admonished thereby, they will no ways grant it him; for even in this respect he hath proceeded against him, without observing a circumstance very material in judgements, which is, a citation for the declaration, and an admonition for the censure. We must hold this for infallible, that if the Pope had but duly regarded the reasons whereupon the Commonwealth of Venice groundeth her authority for judging persons Ecclesiastical, he would never have moved one word about the same; but seeing he would not discuss nor hear the reasons of the same Commonwealth, with that patience, maturity, and charity, as was expected from his Ho. as being the general Father of all Christendom: no marvel though he blame the judgements of the Commonwealth, affirming them to be grounded upon use and naked custom, and upon some Pontifical Breve. The Senate made answer to the Pope's Breves in few words, and that they wondered how new cause of controversy daily grew, and he attempted to shake those foundations upon which their liberty had been grounded, for the space of a thousand two hundred years. For even from the cradle and swathing clouts of the Commonwealth, their predecessors received authority from God, to punish any kind of delinquents, the which they have continually put in practice to the honour of his divine Majesty, with public peace, the approbation of his H. precedents, and universal commendation and praise. Of custom there was no mention made, considering that their power was much more firmly and deeply rooted, then upon an use, though never so immemorable, because they held this doctrine of the best Divines and Canonists for undoubted, that the exemption of persons Ecclesiastical from the Secular Courts, upon offences not Ecclesiastical but Temporal, or as justinian saith, civil, comes not De iure divino, but through the privileges of Princes; except one should be so mad as to take the signification of these words, ius divinum so largely, or abusively, as to extend them to ius humanum too.  
This doctrine, that if the Clergy were not by some favour or privilege exempted, they were to be subject to the Secular Magistrate, it is declared and confirmed by examples in the old Testament, where we may see, that all Kings have commanded, judged, and punished Priests; and that this was not performed by wicked and reasonable good Kings only, but by those also most holy and godly, David, Solomon, joas, Ezechia, and josia; and in the Gospel we find it precisely in the words which our Saviour Christ delivered unto Pilate, Non haberes potestatem adversus me ullam, 
joh. 19  nisi tibi datum esset de super; unto which we may add that (if one would but make an extravagant construction thereof) the exposition of S. Augustine, S Bernard, & Gaietano is, 
Super joh. tract. 116. Epist. 42. in 2. q. 62. a. 1. Act. 25.  that Pilat's judgement was indeed very wicked, but not usurped; and besides this, we have a confirmation also thereof in the example of S. Paul; who doubting lest that Festus under pretext of judging him at jerusalem, would have delivered him into the jews hands, he appealed to Caesar; which he would never have done, if he had not been his lawful judge, it being a mortal sin to appeal to him, that hath no lawful power nor authority to be so appealed unto. A modern writer makes a profound consideration hereof; which is, that S. Paul would have appealed to Peter, but he did not, because it would have been reputed in him a great folly; a consideration surely worthy of a perspicuous and deep understanding, but yet not beseeming the resolute constancy of S. Paul, that he did forbear to speak a truth for fear of being thought a fool: He had not this respect before Festus, and he ceased not to utter those words upon which the Perfect answered him; Insanis Paul: and S. Paul himself then said; 
Act. 26. 1. Cor. 1.  Nos praedicamus jesum Christum Crucifixum, Hebrais quidem scandalum, gentibus autem stultitiam; and yet for all this, he desisted not to speak and preach that which he knew to be reputed folly: let not this therefore in any wise be injurious to S. Paul, seeing doubtless that most holy & exemplar Apostle never deserved it. And what can we say to the precepts of S. Peter, & the same S. Paul, 
1. Pet. 2.  which are Subiecti igitur estote omni humanae creaturae propter Deum, sive Regi quasi praecellenti, sive Ducibus tamquam ab eo missis ad vindictam malefactorum, laudem verò bonorum, quia sic est voluntas Dei? and of this, admonet illos Principibus, 
ad Tit. 3.  & Potestatibus subditos esse dicto obedire? as also that which we find written in the 13. chap. to the Romans, which may serve even for a Sun, to dissipate the clouds, of whatsoever error or doubt: Omnis anima potestatibus sublimioribus subdita sit: non est enim potestas nisi à Deo quae autem sunt, à Deo ordinatae sunt: itaque qui resistit potestati, Dei ordinationi resistit; qui autem resistunt, ipsi sibi damnationem acquirunt: nam principes non sunt timori boni operis, sed mali. Vis autem non timere potestatem, bonum fac, & habebis laudem ex illa, Dein. Minister est tibi in bonum: si autem malum feceris, time, non enim sine causa gladium portat, Dei enim Minister est, vindex in iram ei, qui malum agit; ideo necessitate subditi estote, non solùm propter iram, sed etiam propter conscientiam: Ideo enim & tributa praestatis, ministri enim Dei sunt, in hoc ipsum seruientes: Reddite ergo omnibus debita, cui tributum, tributum, cui vectigal, vectigal, cui timorem, timorem, 
Expos. ad Rom. num●. 72 super Episto●●m ad Rom. Hom. .... in expos.  cui honorem, honorem.  
Look in S. Augustine, for he putteth himself also now into the number of those which are subject to the secular Prince; observe Chrysostome, Theodoret, Theophylact, and Oecmenius, who with very manifest and plain words include within this compass, Apostles, Evangelists, Prophets, Priests, and Monks. Read S. Thomas upon the same place, and you shall see how he most clearly affirmeth, that all Ecclesiastical exemption grew from Princes their privileges. 
ep. 42.  But S. Bernard, yet somewhat more perspicuously affirmeth the same, writing thus to an Archbishop; Omnis anima potestatibus sublimioribus subdita est, si omnis, est & vestra: quis vos excipit ab universitate? si quis tentat excipere, conatur decipere. Let these Opponents but well consider, whether ever any of the ancient holy Popes, Bishops, or other Priests affirmed, that they were exempted from the authority of Princes and Magistrates; and I know they shall not find one: but so they may well find that every one hath confessed this subjection, denying only the justice of the cause for which they were condemned.  
We have a famous example of this in Polycarpus Bishop of Smirna, and disciple to S. john the Evangelist, one of the excellent Founders of our faith; whose words reported by Eusebius, are these: Magistratibus enim, 
juseb. 4. c. 4.  & potestatibus à Deo constitutis eum honorem, qui nostrorum animorum saluti nostraeque Religioni nihil affert detrimenti, pro dignitate tribuere docemur. Some say, that the Apostles were enjoined obedience unto Princes while they were Heathens, but not after they became Christians; and this was, by reason that the Clergy in respect of their holy Order, and the spiritual authority that they retain, are greater. But these men S. john Chrysostome answereth in a few words: Si enim Paulus cum Gentiles adhuc essent Principes, praecepit, multo magis oportet & fidelibus exhibere, quod si maiora tibi concredita esse dixeris, disce non nunc honoris tui tempus esse, peregrinus enim hic es, & advena, tempus erit cum omnibus apparebis illustrior, nunc vero vita tua abscondita est cum Christo, in Deo; quando Christus comparuerit, tunc & vos comparebitis in gloria.  
Who is it that may well doubt, but that Ecclesiastical exemptions have been the privileges of Princes, when the self same laws and privileges are extant? and we see they were not granted all at one time, but by little and little; the which I will set down according to their times, because it greatly importeth for any man's satisfaction, that desires hereof to be certified.  
Constantine the Great, about the year 1315, 
C. Theod. de epis. & cler. l. 2. ibid. l. 10.  exempted the Clergy from public, personal, and Court services; Constance and Constant his sons added hereunto an exemption from all illiberal and sordid actions, as also from impositions; and they privileged Bishops only from the arrests of Secular Courts, 
ibid. l. 12.  all others of the Clergy still remaining under the Secular judge, aswell in cases criminal as civil: and about this there afterwards were enacted two laws, one by Valente and Gratianus about the year 380, 
ibid. l. 23. ibid. l. 37. ibid. l. 41. ibid. l. 47.  and another by Arcadius and Honorius in the 400; but then much about the year 420, Honorius, and Theodosius the second, and after that the same Theodosius, with Valentinian the third, put over the trial of the Clergy to the Bishops, so both parts are well content, and if one of them would not accept of the Bishop, 
C. de episc. & clo. l. cum clerici, C. eod. l. omnis qui.  referring them then over to the Secular Magistrate: the which was also confirmed by Martian in 460, and by Leo his successor: finally, by justinian about the year 560: all difference and variety was removed and taken up by a law of this import, 
Novel. 83. Novel ...  That the Clergy in civil causes should be subject to the Bishop, and in criminal to the Secular judge; the which continued in force till 630. When Heraclius further exempted them from the Secular Magistrate, as well in cases criminal as civil, yet ever reserved entire the Prince's immediate Deputies and Substitutes. And thus it was observed while the division of the Empire; as also after the same manner and fashion the Greek Church continued as long as that Empire lasted.  
But indeed in the West the French Emperors and Saxons, with the Kings of Italy, they have diversly observed herein; sometimes committing of judgements to the Clergy, and otherwhiles sentencing not only Priests and Bishops, but even the Popes themselves; one while referring them in part to be judged by the spirituality, and in part by the Magistrates, according as the alteration of times permitted; at one time the Pope's authority prevailing, and at another the Emperors. And at last, Frederick the second, about 1220, made an authentical insertion into justinianus his Codex, That no man might bring any civil or criminal Clergy man before any Secular judge; and whosoever readeth the titles Episcopis, 
Auth. C. de episc. & cler. l. statuimus.  & Clericis, & de Episcopali audientia, vel de Episcopali judicio, in Theodosius and justinianus his Codex, he may find all these laws, and be fully informed, how Ecclesiastical exemption hath been a benignity and favour vouchsafed by the Emperors; as also they shall be certified, that though they granted exemption to the Clergy from the power of their Magistrates, yet did they never except any from their own highest and supreme power. The power of punishing whosoever offendeth against the laws, is so annexed to all principality, as it is individual from the same: and to say that a Prince hath one in his State not subject to him in causes temporal or any other concerning public good, it implieth so much, as if he were not a Prince. A natural body could not comport, that there should be in it any one member not allotted to the service of the whole and entire; much less can a civil body endure, that there should be a man in the midst of it, that did acknowledge any other but the Prince, in human and temporal things. The Pope himself, in things spiritual, exempts whom he lists, from Bishops and Archbishops, but from himself, he can privilege none, without desisting to be Pope. The Venetian Commonwealth being freely begun, and borne as it were, about the year 420, notwithstanding (as it usually falls out in all great States) not so expatiated in her beginning into so large and spacious dominion, yet hath it received from God no less than other great Princes in their mighty Empires, authority and power over any person, living within her dominions; and the same Commonwealth hath suffered the Clergy to enjoy the same privilege from Magistrates, as they were granted from time to time in the towns and cities of the Empire; being contented to punish in them those exorbitances, which being vile and enormous, might be a disturbance to public peace and tranquillity: and there remain Records of ecclesiastics punished for all sorts of offences, and sometimes for such as would now be counted but slight, but yet in respect of some particular circumstance, deserving worthily to be punished by the Commonwealth. And though the Popes of Rome, since the year 1160, 
C. at si clerici de iudi. C. clerici eodem. C. cum non ab homine eod. C. qualiter & quando eod.  have made divers decrees for the privilege of Clergy men, yet have these been received so absolutely in no place, by any Prince, neither been able to effect, but that offences of high treason have been always subject to Secular judgement. Throughout all Italy they punish Ecclesiastical persons (without any warning) which go not in their habits, notwhithstanding any exemptions or decrees Pontifical. In Spain they do the like, upon the wearing of arms, and divers other offences. In France they distinguish between common and privileged offences, and only the former are referred to the Clergy, and the latter to the Secular judge.  
And so in like manner, this Commonwealth hath divided offences into those grievous, and others light and little importing: those of no moment are put over to the Church, and those grievous, committed to the Magistrates. And thus have they always proceeded in executing the justice and liberty of their jurisdiction. I will not affirm, that this is only a custom, which being contrary to a law, hath in tract of time worn out the vigour of the same law itself: for we doubt not, but that custom must not prevail against the law of God and of Nature, though it had continued for many thousand years; and we will readily confess thus much, That if God himself had ever excepted persons Ecclesiastical, the act of any Prince whatsoever, decreed to the contrary, would be but an usurpation and offence against God. And further, to the former we will annex this also (by their favours which say, That their privilege grows de iure divino) That if it were so, the Pope could have no power to bring them under, because Seculars should not then be capable to put in practice that, by the Pope's dispensation, which God had prohibited. God hath forbidden Secular men to say Mass, to confess, and such like: the Pope can not by any of his dispensations bear them out herein. And if they tell me, that this is ius divinum, indispensible, but the Pope's is dispensable, not to argue or labour to show the contradiction which is in saying ius divinum, and yet dispensable by human authority, 
Innoc. c. cum Apostolica. de sim. de priuil. c. quod quibusdam de verb. signif. c. in bis. c. super quibusdam.  it may suffice to answer them: that all the means which may be obtained by a Dispensation from the Pope, may also be acquired by a custom, which may grow and propagate contrary to a law: and if we should suppose the execution of Clerks to have been first ordained by law, and also executed, and that afterwards through immemorable use and custom, the contrary were prescribed; I say, it might lawfully be practised and put in use. But in this our case, the use and custom of the Commonwealth precedeth any law which privilegeth ecclesiastical persons from Secular trial in enormous criminal causes, and no decree whatsoever, which the Church hath made, can prejudice them a whit. To which may be added, the secret approbation hereof in all the Popes, who seeing and knowing thus much; if they had not judged it convenient, they would have reprehended it; and moreover the express approbations themselves of Sixtus the Fourth; Innocent the Eight; Alexander the sixth; and Paulus the Third; whose Breves are reserved in the secret rolls of Commonwealth, do truly maintain what she hath justly constituted. The which Innocentius evidently declareth in his Breve, directed to the Patriarch of Venice, delivered on the last of October 1487, in which intimating with what good reason the Commonwealth did sentence Clergy men, not only in those most horrible, but also in all other offences that were any ways odious and vile, he useth these words; Nos attendentes privilegia ad bene vivendum dari non ad delinquendum, illaque praesidio bonis contra improbos esse debere, non autem malis ad nocendum facultatem, etc. A matter which does not only often fall out in these our days, but then also it was most frequent and usual, as Pope Sixtus the Fourth in his Breve to the Patriarch of Venice, delivered the 2. of june 1474 testifieth in these words; Cogimur non sine cordis nostri dolore, plurima quae nollemus de personis Ecclesiasticis audire ex ista Civitate, praesertim in qua saepè nonnulli aut monetas adulterasse, aut crimen loesae maiestatis admisisse dicuntur.  
And if any man to prove that privileges are de iure divino, should allege the example of Constantine in the Council of Nice; let him but read it over again well, and then tell me whether it make for or against his intention. justiman the Emperor his Novels: the 3. 5. 6. 11. 123. 131. 133. 137. with abundant perspicuity set down, what exemptions were proper to Clergy men under that Emperor, and what they enjoyed before his time. If then in the beginning by the privileges of Emperors, and afterwards through some connivency they have obtained privilege; why should they so set up their bristles when the Venetian Commonwealth says: that though others in their State have permitted that enormous crimes also in the Clergy, should be judged by the Ecclesiastical Courts, supposing and thinking that this might stand well with their government; yet they never yielded nor consented thereunto, as reputing it a thing contrary to their public peace and tranquillity.  
We might here further allege; that these exemptions are not grounded alike in no Dominion nor Kingdom; and he that does but read what the Cryminalists have written, but especially Clarius in particular, 
l. 5. § fin. q. 36.  shall clearly see how diversly in divers places these privileges have been performed and practised; this being an indissoluble argument, that they are not de iure divino: so as custom may overrule them, and that the Pope's decrees upon this point, have not in all places been received.  
And here it were also good to consider, that in the Breve of the 10. of December, this present Pope saith; a Canon and an Abbot are imprisoned: Personas in Ecclesiastica dignitate, constitutas. There might a thousand Papal Breves be produced to show, that Cannonicatus non est dignitas: but at last spying this error in their Printed monitory, they have excluded the Canon, and mentioned only the Abbot, propter personam, in dignitate Ecclesiastica constitutam; so that by this we may collect, that even in the Pope's Breves there may also be errors, especially when they are wrtiten with too much haste, which is an occasion they are not therein so considerate as reason requires. And yet there is some doubt whether these commendatory Abbatships be dignities or no, in that the sacred Council of Trent prohibiteth all Commendams: yet it greatly concerns this Treatise which we have in hand, that it should be a dignity, and that hereupon the Pope may lay his foundation so as if it were a poor Priest unbeneficed, the matter would not be so great. For the quality of the place is a special matter to make the privilege greater and more authentical; considering it is most certain, that there are orders appointed in the Church (such as the Sacraments are) iure divino, amongst which Priesthood is the highest: but for these dignities of abbots, Priors, Archdeacon's, they have been brought in iure humano: wherefore if exemption and privilege were ex iure divino, it would belong principally to the Priests, though they had no title at all; and not to certain special & remarkable places, as they would have it. And out of question he that goes about to dissolve this firm knot of equity & reason, he cannot attempt it without pain and great labour. This argument requires the consideration of two qualities in the person of the Pope; the one of the Bishop of Rome; a Bishop of that particular Church, and the universal head over all others; and an other, as he is Prince of that State, which he possesseth; for though at this present they are joined together, yet is it not necessary that either the Temporal Prince of Rome should be a Pope; as that the Pope should be a Prince. It boots not now to express when both these qualities were united, for it is peradventure above four hundred years: and yet say it had so been this eight hundred years, this would not a whit disable our discourse; as Pope in the City of Rome, he hath there his Vicar or Vicegerent, and in other cities under him, Archbishops, Bishops, and other Ecclesiastical Rectors; and as a Prince he hath Ministers, Governors, judges, and others, who though they be partly Priests, yet as being Priests they do not discharge those offices, and many of them also are mere Lay men. Now when any Ecclesiastical Priest or Friar, committeth any enormous offence, we see, that the Bishops or those that discharge Ecclesiastical places, do not punish them, 
Three special prisons so called.  but rather Governors, Auditors, and such like. How often have we seen Terre de nova, Corte Savella, and the town of Boloqua with other Lay prisons, full of Priests and condemned Friars; and that which importeth more than all the rest, during the popedoms of Sixtus and Clement, there were Friars hanged, with their regular habit on their backs. This assuredly was but just and necessary, for otherwise the State Ecclesiastical could not live in peace. Wherefore other States are not free from this necessity; and if his Holiness would please to measure other men's occasions by his own, he would not condemn Princes for punishing such Priests, as live not like Priests.  
And we must not suppose that in other States there is that perfection which is not in our own; but rather we ought to give an example of that in ourselves which we desire others should be; for seeing the evil which ariseth of the contrary, we shall seem to have a feeling of others necessities.  
I know well what answer will be made, and that is this; that the Pope hath concurring with him the two dignities before mentioned; the one of a Prince, and the other of chief Bishop; and therefore as a Prince, seeing it necessary for the good government of his State, that the enormous transgressions of the Clergy, should be punished by the Secular power; he demandeth leave of himself as being high Priest, and as he grants it unto himself; so he can likewise afford it unto others, if they request it by way of favour; this is a medicine more insupportable than the disease, and hurteth the body more; & an answer which divideth also things invisible. Would it not be a more likely thing to affirm; that the Pope as he is a Prince, knows how necessary it is for the good governments sake of a State, to punish with temporal authority every one which disturbeth the peace, though he be one of the Church; but he not being able to discern the occasions of other Princes and States, nor consenting to the authority which they have from God, he only takes notice of his own proper authority, as he is a Pope, for which cause he would also have an hand in there governments.  
Hear some object, saying; all punishment is for the correction of a malefactor; otherwise, if it have not reference to so good an end, it may rather be termed a tyrannical act: and the correction of every offender pertains to his superior. Wherefore it toucheth not a Prince greatly, whether an ecclesiastical delinquent be punished or no; let him in God's name look to the punishment of the laity; for if Clergy men be not chastised, the Prelates must give an account thereof unto God. And surely this reason should have concluded very well, if the mayor thereof had been true, which is, that the punishment of a malefactor was the only end of criminal justice. It is an end indeed, but a secondary end, and the least of two, it being for a private benefit; but the principal is a public end, and consisteth in two things; one, in maintaining of good customs and conversation in the Citizens, and in the city tranquillity and peace; and an other is, that when any one usurpeth over his neighbour advantage or hard dealing, by afflicting and prejudicing of him against reason, by inflicting a proportionable punishment again upon the other, to reduce things to an equality. When the Ecclesiastical person, laying aside the fear of God and of the world, doth violate the laws, he gives therein a public offence, by being an evil example unto the Lay man, who by such an imitation grow bad and wicked: and moreover he instigates him whom he injured, to seek revenge, with the subversion of public quiet and repose. It ought therefore to be a Prince's special care, that offences may be punished; otherwise, by the reason above alleged, a Prince might never punish a stranger which should offend in his State, seeing he being none of his subject he need not be careful of his profit or good. A Prince doth punish a stranger, not as having in this a simple reference to correction, but to defend his own subject from injuries, as he is bound, and to cut off all wicked example which might induce customs pernicious to public peace. And therefore it prevails not to say, If it be necessary for public good, that a Clergy man be punished, let the Prince procure him punishment from his Prelate, and so let him suffer the Lay Magistrate to execute the same.  
For answer to which, we must observe, that the Church, according to the sacred Canons, cannot punish in poena sanguinis, no not for the most grievous and enormous offences that are committed; but the chastisements of the Church must be with censures of suspension, privation, deposition, or penalties of degradations; or else they impose the profitable penance of prayer, fasting, and other charitable deeds; and the severest sentence which they denounce, is, to confine one within a Monastery, or some straight prison, there to perform perpetual penance: of which notwithstanding, we have not been eie-witnesses in these our days, upon any offence, how heinous soever committed. And if some whiles they enjoin this penance for any long time; after relation made of the penitents humility, and his willing obedience, they quickly forgive him, and readily receive him to grace and favour. And notwithstanding that it was justinian's own commandment, that offenders should be committed to the Secular power; yet the common and received opinion of all Canonists is, that it is only to be performed in three cases; that is, in the case of heresy, of falsifying letters Apostolical, and upon conspiracy against their own Bishop: for they rest, they affirmatively hold, That if a Clerk had committed never so foul or heinous an offence, yea, though he had killed the Pope himself, if he did but offer to undergo due penance for the same, that he ought not to be degraded, nor delivered over to the Secular judge, but to be confined to perpetual prison.  
From this quality and form of justice it followeth, that Clergy men would readily transgress the laws; for they feeling more profit and pleasure in their offence, than loss or pain in the punishment, they make choice rather of this chastisement, it being of them more lightly esteemed, than to be deprived of their proper lusts and appetites: and so, being in no fear at all of their lives, (a thing, that for the most part doth most bridle and terrify all malefactors) and hoping, though some Ecclesiastical penalties be imposed upon them, to take up the matter again quickly, they make it lawful without any law at all, to enter into any flagition: as also Ecclesiastical Courts punish not those offences most which disturb public tranquillity, but rather those which abridge and infringe their own interests. For the falsification of letters Apostolical, or a conspiracy against a Bishop, which are the cases (as was above said) for which degradation was instituted; these touch not the Laity so near: but proditions, high rreason, falsification of coin, manslaughter, for which they would impose their Ecclesiastical penance; these are the enormities which for the service of public quiet and peace should be punished with rare and exemplar severity. And certainly a Prelate which governs his Clerks, can not well do any act, but that which will have most reference to themselves only, & their own benefit: neither can he respect the profit of the whole common wealth in punishing of his priests, even as an householder doth punish his sons & servants, but with a respect to the good of his own house only. The executions and chastisements of Princes only, and their Substitutes are directed, and truly tend to common benefit, which is his real and true end. To say that a Clerk should be punished by his Prelate for heinous offences, which break public peace, it is no other, but to say, Let that punishment have reference to the good of Ecclesiastical Order; and for the Laity, let them participate only of the prejudice which groweth from such offences as the other commit; and of the good which should arise from their chastisement, let them have no part at all. And to speak boldly the truth; Prelates never punish Priests for offences committed against Secular men, but upon great instance made unto them by the Magistrate, or for fear lest they should supply the others default. And not without some reason: for their care is how to govern the Presbytery, and not how to defend the Secular. But a Prince that receives tribute and other services from his subjects, in defence of their lives, honour, or goods, he can not without sinning abandon them, when they are oppressed by their insolency, who under colour of privilege run into all impieties, permitting that malefactors should scape unpunished; or else to be chastised only with Spiritual penance: but the Prince is bound to punish them for preservation of justice, and the example of others; especially the same Prince being appointed by the almighty Creator, as S. Paul saith, Minister Dei Vindex in iram ei qui malum agit: wherein if he fail, he is also punished with deprivation of his State: Regnum de gente in gentem transfertur, propter iniustitias, iniurias, contumelias, & diversos dolos. And besides the offence unto God, whereinto a Prince runs by abandoning his subjects, and they wanting their due protection, other evils hereof ensue; all which do tend unto public ruin. Secular men thus ined by Priests in their lives, honour, or goods, & seeing themselves deprived of that just revenge which public authority performeth herein, they are with some colour of reason invited as it were hereby to private prosecutions; and which is worse, fearing multiplication of wrongs, nor hoping for justice at the Prelates hand, they go about to prevent it with their own; and thus of one grows a thousand other inconveniences, which procure sedition & grievous disturbances in cities.  
And for that which is further urged in defence of Ecclesiastical judgements, That exemption from Lay Courts is granted to Clerks in honour of that Order, which being dedicated to divine worship, it is but reason it should be respected. This is a thing which every good judgement will interpret quite contrary: for if it be said in respect of him who hath committed the offence; first, he deserves not to be honoured; and S. Paul saith: Vis non timere potestatem, bonum fac, & habebis laudem. For Socrates said very well: Unhappy he is that sinneth, but yet much more unhappy if he shun punishment. And it can much less be averred in honour of the good, for they may be blemished by the company of the wicked; and good men are most honoured, when they are without wicked company. S. Paul advised us: Auferte malum de vobismetipsis, modicum fermenti totam mass●m corrumpit: so that if they, according to the rule of the sacred canons, by taking away of a wicked man's life, cannot exclude them out of their number, it will stand well with ecclesiastical dignity, that their goodness being separated from the wicked by the authority of the Prince, it may remain by this means the more pure and sincere, and therefore the more honoured. And we can not say, that any other liberty is taken from them, but a liberty of doing evil. By these considerations it is more than manifest, that the Commonwealth of Venice makes no account of any extremity, as by instituting of laws, by administering that justice which God by the power of a supreme temporal Prince hath put into her hands: neither hath she so deserved to be proceeded against with Ecclesiastical censures; and so much the rather, because these thunderings have come forth with such expedition, that every one which understandeth the courses of Rome, may wonder from whence it should grow, that causes (yea and those sometime of small moment) continuing in suit so longtime in Rome, that most of them end rather with the death of the parties, then by the judges sentence; and yet in a matter of such consequence, they have proceeded not swiftly, but even with precipice: For in the beginning of Novemb. these matters were first moved, and in five months it grew to such a furious resolution, as to excommunicate a multitude of three millions of souls, and to interdict so great a circuit of ground and dominion, especially when as with insupportable impatience they attended always this short time with complaint, that some delay might be procured; and so to make use of the time. And his Holiness descended to such a resolution in making it only known to the Cardinals, but without ask their opinion herein, as commonly they do, and principally in cases of weighty importance, and not without some grudging of the Court of Rome; he being otherwise accustomed, not only to acquaint the Cardinals with such matters, but further to use their advice and consultation herein. And of- that his last Breve of the 17. of April, was decreed and printed the same day, he delivered it openly in the Consistory, and proceeded immediately to intimation, and setting them up: And in this also there is a matter of great wonder, for it being professed in Rome, that no body else may send for the Process, and that great vigilancy should be used in observing of the order, it running in every man's mouth by way of a proverb; Omnis processus formatus exira Curiam, ut plurimùm est nulliu; yet in a matter of so great moment, he proceeded without citation. But they say, that this is de iure naturae, and they have ever in their mouths, Adam ubi es? & ubi est Abel frater tuus? and yet we see herein this was not observed. But if any man say, that the two Breves of the 10 of December, might serve for a sufficient citation, there are three things which contradict this: the first is; that those two first Breves of the tenth of December, are also tainted with this incurable disease: for in one of them declaring the nullity of the senates laws, and that they who made them, had incurred censure, they could not well come to this point before a citation, to deliver their reasons for the contrary. Moreover, admonition is one thing, and citation an other, as the Civilians very well teach us; the one peremptorily commands obedience, as in a matter already decided; and the other requires but a discussion to know whether it be well and necessary, or that we are bound to obey: wherefore those Breves commanding a revokement of laws, and a consignation of prisoners, under peace, censure, and penalties, they cannot be called citatorie, but monitory: and it cannot be said, that they run in the tenor of a citation, they having no express term, nor time set down; but they enjoined execution immediately. As also we cannot affirm, that the monitory was convertible into the nature of a citation, because it expressed the term of 24. days; for by it the statutes of the Commonwealth were frustrate and inefficacious, not after these 24. days expired, but even at the day, of the 17 of April: wherefore such alike annihilation cannot in any sort be converted into a citation. And so much less in respect of the rest, there wanting in the same, a clause iustificative, without which it cannot only not be convertible into a citation; but further, the Monitory itself, ipso iure, is nothing, together with the excommunication, as Navarra proveth at large upon the chap: Cum contingat; 8 causa nullitatis. And yet if we yield to all these defects, where appeareth any citation or admonition upon the law of 1602? which men say concerned goods enfiteoticall; 
Rend charge.  and which surely is more, upon censual goods or leases, for a long time; the which notwithstanding hath first place in the monitory, and is annulled without so much as understanding what the true meaning of it was, or with what reason it might be defended; if they had first, at lest but heard some speech of it, or if some extraiudiciall discussion had been used herein, why this had been somewhat; but that it should so suddenly and speedily be condemned, before it was conceived or understood, this is a great and most scandalous wonder.  
It may be it is not so requisite to extend into a discourse concerning the desert of this cause of Enfiteusi, 
As in the beginning is mentioned.  seeing such a notable error was committed even in judicial place and calling: but because some peradventure will desire to have a summary understanding of the commonwealths reasons herein; it will not be much from the purpose, briefly to touch some of them, by which we may clearly conceive the lawful authority which the Senate had for the justifying of such a law; the necessity that urged them thereunto, and the equity of the thing instituted, and so incidently we may discern an error, which either purposely or by chance crept into the understanding of the words, and cause of this law.  
The Pope says in his monitory, that the Duke and Senate on the 23 of May 1602, taking occasion upon a controversy occurring betwixt Doctor Francisco Zaberella, of the one part, and the Monks of Pragia of the other, they did not only enact, that the Monks either then, or in any time to come, ought not to pretend plea under any title whatsoever, to be preferred to enfiteoticall goods, possessed by the laity, nor obtain property in the said goods, by the claims, prelation, consolidation, or extinction of direct line, or upon any other title whatsoever, their direct right or freehold reserved; 
All these were in the beginning expressed.  but that the force of this law also was intended and firmly to be extended over all other Ecclesiastical or religious places.  
From this it cannot appear whether his Holiness reprehendeth the order of the Senate; forasmuch as it extendeth to all places and persons Ecclesiastical, which was decided, in the cause between the Monks and the Doctors, approving notwithstanding this foresaid decision, in a particular controversy; or whether it may be construed, that he reprehends together both the one and other: For granting that the Senate had lawful power to end that suit, and to deny that they could ordain by a general law, that the same should be understood and intended upon any other such like case occurring, I cannot see how a man but of indifferent capacity, can any ways conceive it; considering it is a most evident thing, that it belongeth to the same power to make a law upon an occasion, and to judge particular controversies occurring in the same. 
Polyt 3.  Aristotle showeth that judgement is but a particular law, and the law a general judgement: and that it would be sufficient if a judge could be found without all partiality; or the law would of itself be prevalent enough, if it could comprehend all particular cases. And in justinian's codex we see, 
L. 3. t 5. ne quis in sua.  that jurisdiction comprehendeth two heads, that is, either judicare, or ius dicere, the one pertains to the instituting of that, whereon sentence may be grounded; and the other in pronouncing the same. In Rome the Proctor's office was to make general edicts, and to depute judges, who conformable to them, might give sentence in particular causes. If the law were spiritual, and the judge Secular, it could not be understood how he might judge according to the same. Spiritual science, and worldly action had no correspondency: the Philosophers say, that the rule must be homogenea, with that ruled; for which cause the Civilians affirm with all reason, Forum sortiri, & statutis ligari paria sunt. 
Pau. Cast. l. omnes populi, ff. de instit. & iur.  Wherefore he which consents that the Senate hath lawfully determined the cause between the Monks and the Doctor, he must needs also grant them power to decree that in general, which hath been overruled in judgement given, and aught so to be in all others that shall occur.  
But if it be understood to reprehend also the examination, and end made by the Senate, 
Decius c. quae in Ecclesiarum, etc. Ecclesia Sanctae Mariae, de const●●●t. Alex. cons. 201. l. 2.  in the case between the Monks and the Doctor, this may be; which manifestly declareth how requisite it was, not to have been so forward, but at first to have framed a Monitory, and principally upon this point, before seeing the process framed in the suit, and controversy above mentioned.  
Considering it is not true that the Doctor was plaintiff in that case, and the Monk's defendants, as the monitory supposeth; it running thus; inter doctorem, etc. ex una, & Monachas, etc. ex altera partibus. of the one party, and the Monks of the other party.  
But Corsato de Corsati, in 1598., having bought of Andrea Monaldo eight fields which paid canonate to the Monastery of Pragia, the Doctor 1602. the 12. of February, tendered the price, to make his draft by border or confine: and the second of March, the Monks pretending to be preferred to him, as Patrons of the freehold of those fields, they came before the Podesta of Padova, 
Like our Mayor.  and commenced suit, pretending prelation; in which cause many actions were tried before the Magistrate; till according to the custom of this State, by the Doctors & Commonalty of Paduaes' supplication, the hearing of the matter was referred over to the Senate. The Doctor drew not the Monastery to a Lay judgement; but the ecclesiastics themselves knew well, that the determining of this cause belonged unto a Secular judge; for this cause they had recourse to the same: the which one example only, if there had been no other, gave jurisdiction to the Podesta, and consequently to the Senate in that cause, as in express words it is declared; in l. prima, C. de iurisd. omn. iudic. But besides this firm and  foundation, we may add another very prevalent and universal, which is, that from time out of mind, much before 200. years last passed, when any plea hath been of goods possessed by the laity, (give them the name of emphyteotical, censual, feudatorie, lease for long time, or what other title soever) the Ecclesiastical judge in this State hath never denounced judgement therein; but always and without contradiction, the hearing and jurisdiction thereof hath belonged to the Secular. So that by this, we do not only prove, that the controversies between the Monks and the Doctor was iuridically determined by the Senate; but further, that a power is proper to them, to make statutes, which may dispose and order of those goods above named, possessed by the laity, wherein the Church hath directly freehold; for unto them it hath and doth appertain, to determine those controversies, which have or do arise about them; and above we have made clear demonstration, how it standeth with the same power to make statutes and denounce judgements. There remain registers in all the Chanceries of this city, of judgements given by a Secular judge since they have been subject to this State; and not one can be produced which was tried in an Ecclesiastical Court. And it cannot be termed an usurpation, seeing the Clergy have not been drawn to these Courts, as defendants but they have voluntarily appeared as plaintiffs: & that which overthroweth this claim more than any thing else, is; that in such controversies between Church and Church, they themselves have appeared in the Secular Court, to demand justice against another Church. Nay and out of doubt it may certainly be believed, that the beginning of this introduction hath been very Canonical, seeing the Clergy of that time were also very good men, and zealous in the Church's behoofs; and in like manner the Popes were most exact maintainers of the Ecclesiastical jurisdiction: and so as well the one as the other, knew very well the title of that ground for which they came in suit before the Secular; nor none of them ever reprehended this course of judgement, but rather securely we may affirm, that they themselves have brought it in. And there is an express constitution of justinian's, that custom alone gives as great jurisdiction as a law made.  
But in that his Holiness saith in his monitory, 
C. de eman. lib. l. vlt.  that the senates ordinance constituteth in bonis Ecclesiasticis emphyteoticis, it must necessarily be, that either his ministers have had some other copy or writing, than the true original, or else that transported with affection, they supposed they saw that in it, which cannot be found neither in words nor sense; because that emphyteoticis, is not there either formally or in equivalent words; and they can no ways excuse themselves by saying they thought that the sense had been so, as they have expressed it: that it is not lawful to relate an other man's speech in other words, but especially in such a manner as to restrain that to one kind, which was spoken generally. The law saith; that Churches may not appropriate unto themselves, goods possessed by the laity, their direct title and right notwithstanding reserved. It is not true, that there is distinction of directum, and utile only in Emfiteusi, but both these claims concur in patrimonial goods, both the which are treated of in a title of the second book of justinian's Codex, whose direct right may lie in the Church, 
tit. de sun. patrim. L. siquis fundos. L. fundi patrimoniales. L. high quibus.  if the Prince have given them it: and although this manner of possessing was out of use in Italy under the French Emperors, and their successors, and instead thereof, there hath come in feesimple; yet doth there remain in Churches but especially those cathedral, some goods of this nature which were given before the Emperors of Constantinople were wholly excluded from the Empire of these adjacent regions; in lease perpetual or perpetuities, there is directum and utile: where notwithstanding (as also in the lands above mentioned) neither relation nor consolidation, nor extinction of line take any place, as Covarwias', and Valasco, who are cited by many Doctors, do effectually prove; although some not very circumspect hold the contrary.  
A great part of the direct titles of Churches in these low Countries near the sea, which sometimes were marshes and valleys, are of this kind: for this soil being altogether under water, and reaping no fruit from it, but reeds and flags, they were let out for ever, or at least for a wonderful long time, at a very easy rent, answerable to the profits that they yielded, though now through the wonderful charge of the Secular, both public and private, in raising of the ground, drenching of the marshes, and draining of the water; they have been reduced to the State wherein they are: whereupon the Church hath no reason in this, neither by written evidence, equity of pretending prelation, devolution, or under any other claim to appropriate them to themselves; and of these the law of the Senate, in a great part entreateth, as also it constituteth upon other kind of goods, as shall be expressed.  
For it must needs be, that a pension was paid to the Church, either by the claim of a reseruative cense or imposition, or that the Church in ancient times upon suits made, have covenanted this reservation, or that having been reserved by other Lords the sellers, it was afterwards given to the Church by them: In which case, this reserved cense or tax, out of doubt belongeth to the Church in perpetuum: but over the possession stable, there remains in no sort any title unto them, by virtue of which they may pretend consolidation, prelation, covenant, or other such like actions.  
fee-simple is also of this nature, that in it direct title is distinguished from profits; and I wonder, when they would needs add to the law of the Senate, and declare it in another sense then the truth thereof imported, with that word Emphyteoticis, why to change and adulterate it the more, they said not, Feudalibus: but peradventure they would not proceed so far, because they could not hope it would never be spied, it being a vulgar word, and well understood of all men.  
The word Emphyteoticis, is somewhat more unknown, and therefore was thought the fit to be secretly put in; and therefore I cannot forbear to reply, that in the senates law the word Emphyteotici, is not used, but it generally speaks of all contracts, and manner of possession, wherein the two titles of directum and utile stand divided; neither is it lawful for any body to restrain or express it, contrary to the true sense thereof, to the end, the better to bring in the conclusion following, set down in the monitory, which otherwise could not have been deduced: Cùm praemissa in aliquibus ecclesiarum iura, etiam ex contractibus initis ipsis ecclesijs competentia, auserant.  
It is no new matter, that the spirituality, to enter upon goods possessed of Seculars, have assayed to bring in this name of Enfiteusi into their titles, by which they receive a canon or pension: but two hundred years ago, divers cities of Italy have stood out against them for this cause; and they themselves have otherwhiles been constrained to give over their pretences and titles, and to be contented with their bare canon coming in.  
In the same city of Padova, 
Extant authentica capitula transact.  about an hundred and fifty years since, great controversies grew betwixt that Communality & the Monks of S. justina, and Pragia, upon this point, the which they ended by compromise; where amongst other things it was set down, that in all their goods, neither escheat, prelation, nor consolidation for di●ect line extinct, should take any place, as the city then constantly averred, that from time out of mind, it had been the use and custom of the place.  

Paula Cas. l. Consil. 244.  In Urbine also before that time, there fell out a great controversy betwixt the Clergy and the people, the which was likewise ended by compromise, with an express declaration that consolidation upon line extinct, should never take place. A little before that also, there grew very dangerous tumults in Ferrara, about this very point; for pacification of which, Pope Boniface the 9 rather as a Sovereign Prince, then as a Pope, not out of favour, but by justice was enforced, in fees, Emfiteusi, and other such like contracts, within the territories of Ferrara, to take away escheat, prelation, with consolidation, per lineam finitam, and to set down a new form, correspondent to equity and justice, which might reduce them more to the nature of Censes, then of any other tenor; and the Doctors also perceiving the notable damage the laity received by devolution, or consolidation by line extinct, out of a common opinion, they absolutely removed it; affirming that in such a case, the nearest kinsman collateral might claim by justice to be invested therein, 
Vide Clar. & Valasc. Ruin. cons. 12. vol. 1. Decius' consil. 131. Bero cons. 98. l. 1. Abbess c. bonae, de postul. praelat. & consil. 113. Curt. Sen. cap. 47. Riminal. cap. 44.  and being denied, he might appeal; and many grow to this specification, that the Church sought to encroach upon the stable possession itself; and also others annex hereunto, that they are not bound to grant the investiture, but further that they cannot improve nor enhance the Canon.  
It is no wonder if by a law or solemn compromise in the places above named, caducitie for Canon not paid, prelation in case of sale, and consolidation for line extinct, are taken away, considering that none of these are necessary, or essential in a contract. But whatsoever may be done by a law, may be performed by a deed, as also custom may bring it in; For which cause a long and prescript custom time out of mind, this State was of force an hundred and fifty years since, to take away from a little emphyteotical substance, (provided if there then were any) caducitie, prelation, and consolidation; and furthet to introduce, that more than the payment of a pension, they should be held for patrimonial and leasable. We may see the 72. Cons. of Panormitano, where he discourseth at large, that custom was also of that force in Ecclesiastical emphyteusi to procure in the city of Urbine, that the condition of caducitie was utterly removed. The which notwithstanding were more profitable for the Church; for by this the Church should gain the improvements without paying them, the which by prelation, consolidation, or line extinct, they could not appropriate to themselves, without paying them at a just rate; whereupon by an argument a simili, and also a maiore, so much the rather may custom take away prelation, and consolidation. We may add hereunto, that it is not peculiar to this State, that some goods emphyteotical should be made leasable; but also in France all Emfiteusi are made such, as joan. Rub. Auth. Ingressi, de Sacrosanctis Ecclesijs testifieth. All which things do evidently show the equity and necessity of such a law. The which, though the Venetian Senate did not constitute at that time, in form of a written law, published through their whole State, in general terms; yet notwithstanding they have by use, custom, and writing also, in causes occurrent, made, observed, and executed the same, from that time hitherto.  
There are many Decrees of the Princes of this Commonwealth, with their College, which from time to time in controversies occurring betwixt the Church and the Seculars, or between Church and Church, have been resolved and determined, not to admit of caducitie, prelation, or consolidation of profits with the freehold; and sometimes they have put into their evidences general clauses, which might comprehend all these cases, as in Duke Vendraminos days, in 1476. in a rescript made to the Podesta of Monselice, upon such a particular controversy, these words were added; nunquam pati volumus (etiam in bonis Ecclesiasticis, quenquam, qui diu tenuerit agrum aliquem iure livelli, quem sumptibus, & laboribus suis melioraverit, sic de facto expoliari, sed tantùm quòd soluat liuellos non solutos: and in Duke Moroes time, in other rescript to the Rectors of Brescia the year 1466, having excluded the Abbot of Leno from withholding any of his livellarie goods sold unto others, there is added; Et de hac nostra intention, date dicto Abbati notitiam, & declarate, ne contra eam dictos Christopherum, & Cornelium inquietet, sed acquiescat huic voluntati nostrae, quia hoc idem in alijs terris & locis nostris servari volumus, & facimus in similibus.  

C. de leg. l. si Imperialis. Afflict. d. 313. Menoch. vide cons. 676. nu. 2. 487. nu. 3. 973. n. 20.  From which we may clearly collect, that this is no new law, but from ancient times by custom established, and also confirmed, not only by the particular iudgemets of Magistrates, but by the Prince himself. Of which the law thus speaketh: Si causam Princeps inter partes cognoverit, & sententiam dixerit, est lex in omnibus similibus: and according to the Civilians, they retain the vigour of a law, though they were but decisive only in a particular case; as indeed all the Canon laws are but in a manner the decisions of particular cases: but so much the rather, when they are further joined with a signification of the Princes will in such like cases, with an explanation thereof in general terms, as in the above specified. And these things were performed by the Commonwealth; not only the Clergy, who were repulsed in their demands, but the Nuntioes Apostolical also: and so consequently, the Popes themselves seeing and understanding as much, yet never repealing them, and therefore secretly approving them for just, and necessary to be put in execution. So that what the Senate did deliberate 1602, is a declaration and expression in writing of an old law, entertained by custom, and mentioned in direct writings to particular Magistrates, even as also in the self same law it is manifestly declared in these words: The service of our affairs, for the quiet and comfort of our subjects, requireth that this suit be determined in such a manner, as not only in the present occasion of Zabarella, but that for ever, upon any other of the like nature, it shall not be determined differently from the good custom and judgements often times denounced, conformable to the same. I will not omit to add, that if there had been the least scruple of offence in that law, Pope Clement the Eight, during whose Papacy it was published, being a very zealous Pope, and one that in this city had very vigilant ministers, would never have dissembled it.  
And if the tenor of this ordinance hath been read, it yet seems very requisite, that hearing custom, and judgements so often to be named therein, they should first have seen and understood, what custom and judgements those were. What is he of so mean an intellect, which sees not how this proceeding hath been without understanding the cause, and that many particularities have been purposely kept back by them, which should have been related to his Holiness, for verification of this act; they conceiving well that all these things were necessary to be understood, before the coming to treat an execution? But it seems there was such a special desire that these thunderings should come forth, as for fear of meeting with somewhat which might divert it, they shunned the very sight of any thing that might remove his Holiness mind from such a deliberation.  
If the intended brevity of this present discourse would permit, it should evidently be made known, how beyond all reason, it is said in the monitory, having reference to this law, as it appears: Cumque praemissa in aliquibus Ecclesiarum iura, etiam ex contractibus initis ipsis Ecclesijs competentia auferant. As also withal, it would be clear, that by that law there is no ius quaesitum taken from the Church, nay, and which is more, the same continuing in vigour and force, there remains still to the Church a most easy and ready way to retain omnia iura quaesita sibi competentia. It was never the custom of this Commonwealth, to take away ius quasitum, from any body whosoever, much less from the Church; but he that will judge of others laws without erring, it is necessary that he first understand and have full information of them, & not to proceed to their condemnation before he have so much as looked into their foundations. I have spoken more of this matter, than was convenient for this discourse, yet is it not the least part, in respect of that which remains behind.  
And if occasion be offered, to make known the foundation of this law, every one shall perceive, how it is grounded upon justice and equity, and how lawful the authority of the Senate was to constitute it.  
Now let us return again to deliver that which yet hath been unspoken of, concerning the matters above discoursed of. If the Pope prevented of his more mature deliberation, would not admit of reasons so clear and evident as those before declared, and so to have justified the cause of the Commonwealth: yet at least perceiving that all Europe had laws like unto these, which he so sharply reprehended, and that such a number of approved Doctors hold a contrary opinion to himself, he might have held the case doubtful, and have proceeded with circumspection; calling to mind that excommunication, is a grievous penalty, and an odious matter; and as the Canonists affirm, Sirictissimè interpretanda. Neither is it understood that any one incurs the same, when the words of the Canon are ambiguous or general, the which may not be wrung to an other case, by way of similitude, and much less with an argument a minori: For if one give a Priest a box on the ear, he is excommunicate; but if he shoot an harquebusse at him, and that in the Church, and hit him not, he is not excommunicated for this, though the second offence is an hundred times greater than the first. Let it be granted, that whosoever makes statutes against Ecclesiastical liberty, ipso facto is excommunicated. This point must also be cleared, whether the Venetian statutes be against the liberty of the Church; and it hath been proved with most effectual reasons, that they are not; the which also though they were, it appeareth by act, and not by discourse, that the like laws have been received all Europe over: and we see in Print, how many writers do justify them. Then this is out of doubt at least, that they are not absolutely against the Pope's authority, as it is supposed. Unto which let me annex this; that being not yet decided, what Ecclesiastical liberty is, as hath been said, and the Doctors not agreeing thereupon, much less can they be out of doubt, that these laws and acts are against it. But for all this, in a matter, of which according to some men's opinions, there is controversy, and that in so many points remains doubtful, out comes me headlong an Interdict or excommunication, without foreseeing, or maturely considering the inconveniences, which saith the Chap. 
De sentent. excom. in 6.  Alma Mater, ensue of such censures; that is, the people lose their devotion, heresies are brooded, infinite dangers grow to men's souls, and without the people's fault due service is taken away from the Church. Surely Christian piety required, that the worthiness of this cause should first with all diligence have been examined, neither should less than a good opinion at least have been borne towards a Commonwealth so pious and devout. Every Prelate is bound first, in himself to conceive the worthiness of the cause, and then with Christian love to acquaint others with the same; and as S. Paul teacheth, in spiritu lenitatis; 
Gal. 6.  the which as it would have produced some excellent effect, being observed; so being neglected, it hath caused great evil, which now may already be seen, and further greater dangers, which still hang over our heads.  
The Pope in his monitory of the 17 of April saith; that the Duke and Senate of Venice, have many years passed made sundry statutes, through which they did incur censure; but amongst others, he specially names three, upon which he descendeth to fulmination, except they be revoked within four and twenty days. Every good Christian may here desire to understand, that seeing a great number of different and sundry statutes have been made by a Commonwealth, to the soul's prejudice, and that for every one of these, she hath incurred Ecclesiastical censure, being further bound, to cashier and annihilate them all: why is the Senate told but only of three? We neither can nor must believe, that the other would be omitted for the damnation of souls, and therefore at this present why are they not all treated of? When any one meets his own debtor, he may ask him a part of his debt, and as he is principal, he may remit the rest, or the whole: but an agent or factor, can not do this, except by a commission from the principal. If divers and sundry statutes made some years since, offend God, the Commonwealth is bound to revoke them all, and in but revoking of three, they should not sufficiently discharge their duty. 
jac. 2.  S. james saith; Quicunque totam legem seruaverit, offendat autem in uno, factus est omnium reus.  
Our Saviour commanded the use of excommunication for sins, which procure the soul's prejudice, when he saith; Si peccaverit in te frater tuus: 
Matth. 17.  and S. Paul expresseth what these were, saying; Simo is qui frater nominatur est fornicator, aut avarus, aut idolis seruiens, aut maledicus, aut ebriosiu, aut rapax, cum huiusmodi nec cibum sumere. Wherefore at this present we may allege what the Son of God sometimes said; 
Matth 23.  Vae vobis, qui decimatis mentam, & anetum, & cimmum, & reliquistis quae graviora sunt, legis judicium, & misericordiam, & fidem: haec oportuit facere, & illa non omittere. Out of which we may answer plentifully to that which is contained in the monitory, that the laws and decrees of the Commonwealth were, in perniciem animarum. And moreover, if it had inferred, that the actions of the Commonwealth were in in scandalum plurimorum; they must take heed lest they conclude quite contrary to that they would. Out of question, we ought diligently to extirpate all things scandalous, but especially if they be of bad edification unto many; but we never heard, that any hath been scandalised by seeing offenders chastised and punished, that disturb the public peace, or to see avarice and luxury bridled. It rather breedeth scandal to see a wicked fellow walk through the city; when his companions in the same offence were executed: and so consequently to see one sued by the privilege of the Church, whose punishment above all other, the Church should rather have procured. And it boots not to extend far, in manifesting what things are scandalous, because every one is privy to himself, wherein he giveth or receiveth scandal; and those also that in some sort defend things of bad instruction, they do it not without blushing, and feeling in their own consciences that they oppugn the truth.  
It is true that this monitory was made after the example of ten Popes more, which therein are named, and his Holiness is to be commended in imitating of them; but so again, an hundred others his most Holy predecessors are worthy of no less commendations, which never gave the least sign, that ever it came into their thought, that they might disannul the laws of Princes, made for public benefit: but rather they have published and executed the same also; and when they met with any scruple in their proceed and justice, they have with great dexterity and charity sought to make known unto their Princes, what Gods will herein hath been. In this manner S. Damase published & executed Valentinians law: and S. Gregory, one made by Mauritius, wherein a soldier was prohibited to become a Monk. Further the denouncing of an excommunicate sentence against an whole Senate, which is not a particular person, is far from the doctrine of the ancient & best divines. 
Lib. 3. cont. Ep. Permen. 23. q. 4. c. non potest.  S. August. holds an excommunication against an whole multitude, though it were for some notorious and manifest sin, too sacrilegious, pernicious, impious, and insolent (for these are his formal words:) and he adviseth good Pastors in those cases to have recourse unto God, with sighs and prayers: a place entreated of by that Saint at large; 
Two scurrile writers. q 22. a. 5. in add. & in 4. d. 18. q. 2. a. 3. quol. 10. 15  and with such a spirit, as if it were read instead of Barbaccia, or Zenzelino, it would produce a very charitable spirit in every Christian mind; which the reading of the others will never do. S. Thomas putteth a question, whether any Generaralitie may be excommunicated; and he answers himself, No: and produceth reasons for the same, concluding that the Church appointed with great providence, that no Community might be excommunicated: & all other Divines with accord determine the same. As also Pope Innocent the Fourth in the Chap. 
De sentent. excom. in 6.  Rom. saith thus; In universitatem, vel Collegium proferri sententiam excommunicationis penitus prohibere; where the Gloze debates whether a sentence of excommunication denounced against a Community would be validious or no, & he allegeth four famous Doctors which affirm that it would not, and he voucheth one of the contrary part: in the end he comes to this point; that it should not indeed be denounced; but if the denunciation were passed, he holds it securest to take it for validious. In this argument they all agree, that such an excommunication ought not to be thundered out; many say also, that being denounced, it is nothing: and some few after fulmination, hold it prevalent. It belongs to a religious and godly conscience, to follow the opinion of the most famous, the best grounded, and that which is established by Pontifical constitution, or that favoureth piety most; and not that generally condemned by the Doctors, seeing those few also which repute it true, give no advice to follow the same. And that which we read in all the books of the Canonists, cannot be opposed thereto, Papa non potest errare; the which proposition was sound understood by him that first delivered it, and was limited only to matters of faith, in decreeing and determining; not in supposing or thinking; and being to speak, the Pope was to use the due means of divine invocation and assistance. At this present, adulation, removing the true limits, carries it away absolutely for true, although the effects were oftentimes quite contrary. S. Peter himself may serve for an example; 
Matt. 16.  who after that Christ had said unto him, tibi dabo claves Regni Coelorum, immediately he fell a reprehending our Saviour himself, because he would be crucified; wherefore our Lord said unto him; Vade post me Sathanas, scandalum es mihi, quia non sapis quae Dei sunt, sed quae hominum. His denial also is so well known to every one, that it imports not to recite it. And S. Paul in his Epistle to the Galathians, saith; Cum venisset Cephas Antiochiam, 
Galat. 2. Gen. 2.  in faciem ei restiti, quia reprehensibilis erat. And S. Peter's example is not alone by itself; for if Cam had not been reprehended for discovering his father Noah's nakedness, three and twenty Popes might be produced subject not only to some imperfection in their private customs, but in their government and doctrine also; and if any man please to read the lives of the Popes after the year 890, for an hundred & thirty years following, without looking after some others dispersed; he will discern that to be most true, 
Heb. 5.  which S. Paul saith; Omnis Pontifex ex hominibus assumptus, pro hominibus constituitur in his, quae sunt ad Deum, ut offerat dona, & sacrificia pro peccatis, qui condolere possit ijs, qui ignorant, & errant, quoniam & ipse circundatus est infirmitate. So that S. Boniface the Martyr said not without just cause; Si Papa suae & fraternae salutis negligens deprehenditur, inutilis, & remissus in operibus suis, & insuper a bono taciturnus, quod magis officit sibi, & omnibus, nihilominus innumerabiles populos cateruatim secum ducit, primo mancipio gehennae cum ipso plagis multis in aeternum vapulaturus. Huius culpas istic redarguere praesumit mortalium nullus, quia cunctos ipse iudicaturus à nemine est iudicandus; nisi deprehendatur à fide devius.  
We need not take it for such a great wonder, that one Pope with his decrees and censures hath offended or injured another, nor repute it such a sin to say, that he ought also to amend his own errors committed: for not only religious and godly Popes, but those also that were lead most of all by human means and policy, have confessed that they might err, and offered themselves to reclamation. Innocent the Fourth entreating of a controversy betwixt him and the Emperor, Frederick the Second, useth these words; Si Ecclesia cùm in aliquo contra debitum laeserat, quod non credebant, parata erat corrigere, ac in statum debitum reformare, et si diceret ipse quod in nullo, contra justitiam, laeserat Ecclesiam, vel quod nos eum contra justitiam laesissemus, parati eramus vocare Reges, Praelatos, & Principes tam Ecclesiasticos quàm seculares ad aliquem tutum locum, ubi per se, vel per solemnes nuncios convenirent, eratque parata Ecclesia de consilio concilij sibi satisfacere, si eum laesisset in aliquo, ac revocare sententiam, si quam contra ipsum iniustè tulisset, etc.  
A sentence therefore of Excommunication having been thundered out against the Duke and Senate, and all their dominions interdicted, because they will not suffer the liberty of the Commonwealth to be defrauded; because they give not consent for the cooping up of the foundations whereon it is built; because they do not deprive her of the power granted by God, in the administration of the Commonwealth, so necessary for to maintain the tranquillity and peace of her dominions; because they defend the lives, honour, and goods of those people committed to their government; and to conclude, because they have ever, and now do that, which they are commanded by his divine Majesty. And though this Excommunication was denounced without understanding the cause, without citation or observation of those essential terms proper to judgement, and ordained by God in the law of Nature, with an affection, far different from that which his divine Majesty commandeth, without due advice, and flat against the doctrine of the holy Fathers, sacred Divines, and the Pontificial constitutions themselves; yet remains it to be considered upon: for all the injustice thereof is so clear, and the nullity perspicuous and plain, what the prince's duty in this case is, and how he ought to bear himself herein before God and his holy Church.  
At the first sight, somebody may advise peradventure, that it were good to follow herein the counsel of S. Gregory: Sententia Pastoris, sive justa, sive iniusta timenda: and so to commend his cause unto God, with assurance, that patiently to support unjust censures, will turn to his great merit before the Majesty of God. An excellent course and counsel for an innocent, which could not show the equity of his own cause; but for a Prince that hath so clear and manifest reason on his side, a more pernicious way cannot be taken either for himself, his State, or the service of God, which must be respected above all other things: For a Prince is more bound then a private man, to fear God, to be zealous of his holy faith, to reverence Prelates, that he discharge Christ his place; but so he is more bound to avoid hypocrisy and superstition, to preserve his dignity, to maintain his State in the exercise of Religion; to take heed lest that do not happen to his people which sometimes fell out to the jews, through Moses long absence, who thinking that in him they were deprived of the true God, they made them one of gold: a thing which if it were well considered, the world would not be at that pass which now it is. That saying is not so generally true; sententia Pastoris, sive justa, 
11. q. 1. c. sententia.  sive iniusta timenda, as some Doctors interpret it, who have introduced and would maintain in the Church of God, a power which in name should be called Ecclesiastical, but in deed is Temporal.  
There is another Canon made by Pope Gelasius, he that went before Gregory, and no less famous in doctrine, and sanctity than himself, where he saith; 
11. q. 1. c. cui illata.  Si iniusta est sententia, tanto curare eam non debet, quanto apud Deum, & eius ecclesiam, neminem gravare debet iniqua sententia. Ita ergo & ea se non absolui desideret, qua si nullatenus perspicit obligatum. These two holy Fathers are not so opposite as the words may seem to import: But Theological doctrine will very well reconcile this apparent contradiction. There are some unjust censures, because they are denounced with a perverse mind and intention; although it were upon a just and lawful cause; there is no doubt but all men will yield that these are to be feared, and that before God they oblige us, as if they were just: although the Magistrate in his wicked intention offendeth his divine Majesty; and of this it may be understood, that, sententia Pastoris sive justa, sive iniusta timenda est. Some are in truth grounded upon an unjust cause, though in appearance just, by reason that in things human, the truth is oftentimes so concealed, as it is not possible to discover it; so that an innocent sometimes may be condemned without any fault in the judge. This kind of sentence obligeth us not towards God, neither ought it to be feared, before his divine Majesty, or in conscience, although he condemned be bound to make a show of fear, not to scandalise his neighbour, who esteemeth that sentence good, and to live towards God, as his innocency requireth, before the world, that thinks him culpable (if he cannot manifest the truth) to live in patience, & so to commend his cause unto God: But if the sentence be unjust, denounced without a lawful cause, neither in truth, nor in appearance, we must not only not fear it, but with all our power we are bound to oppose ourselves thereunto. This doctrine is established in eleven Canons in the decretory, 
Cáp. qui justus, c. cui illata. cap. secundum Catholicam, c. coepisti. cap. remerariè, cap. quod obesse. cap. quò, c. illud planè. c. non debet, 11. q. 3. cap. manet 24. q. 1. c. si quis, 24. q. 3.  and it is so received amongst all Divines and Canonists, that no one of them differs from another; as also they agree in this point, that none can be excommunicate, except it be for mortal sin, the which must be prosecuted also, after he hath been first admonished by the Church. He that will but read all the foresaid Canons, may be fully instructed, that he need no whit to doubt, but that unjust censures do no ways oblige or offend, and that they are not to be esteemed. And so much the rather he may understand this truth, if he read but the authors, in the fountains themselves, out of whom these Canons are taken; for the words both before and after, will make the matter more manifest. The sentence unjust in truth, but yet just in appearance, and which to avoid scandal ought to be feared, cannot grow but from an error in the fact; for the case being delivered in sincere truth, the judge which erreth in discerning of equity, though it were through ignorance, is always in fault: therefore whatsoever sentence is unjust through manifest error in iure, it is nothing, nor of any validity, neither doth it bind us before God, or before the world. In that, for which the Pope thundereth out this present excommunication, there is no error at all in the fact, the truth is most clear, the laws of the Senate are in writing; the delinquents accused and imprisoned; there can be no concealed innocency, which may appear to be a fault. The question is, in iure, we must see whether in the laws made, or in the imprisonments decreed, there is any error committed: for if neither the Prince nor Senate have offended, but have contrariwise obeyed the commandments of God, in procuring the preservation of their subjects honours, lives, & goods, as at large in all these points hath been declared; we can no ways doubt of the justice of the senates cause, and consequently of the nullity of the sentence Pontifical; but especially and by which this is made manifest, there needs not such great dexterity of conceit to apprehend them, but with very slender consideration, they appear manifestly to all men: wherefore considering the innocency of the same Senate before God, & evidency also thereof before the world, there remaineth no scruple, wherein just scandal may be given. In like manner there is no reason why they should in any sort fear this excommunication, neither in conscience, nor in any external trial, except as any one may fear a manifest violence offered to a sinister end; considering it is a manifest violence to use the power of excommunication, granted by Christ, contrary to his own institutions: and towards him which hath power, and unjustly useth the same, the remedy is to have recourse unto a superior, if he may; but if there be no superior, to whom to have recourse, God hath allowed no other remedy to a Prince thus offended, but to make resistance with his own force, opposing himself to force; because it comes from God, & the civil being of every Commonwealth or kingdom is to the end of his glory; and therefore a Prince cannot permit without a sin and offence, that his own liberty should be infringed, which is the civil being of every principality, and there is no doubt but negligence in defending of it, is a grievous offence unto God, and most heinous, if he voluntarily suffer it to be usurped over his head. To obey the commandment of God therefore, we must oppose ourselves against him whosoever, that would take away the power which God hath given to make laws, & with justice to defend the foresaid offended in their lives, honours, and goods. And as the innocent by an error in facto, unjustly excommunicated, to avoid scandal, is bound patiently to endure: so when the error is in iure, and the manifest injustice thereof is apparent, to avoid scandal likewise, the Prince is bound to resist, and to oppose himself against this injury; because there is no doubt, but when this shall be known to other kingdoms, where the like unto the Venetian laws are observed, and where malefactors are judged after a conformable manner, that the Commonwealth for fear of unjust censures, and those invalidious, hath yielded unto violence, and omitted to exercise and execute his natural power, they would be much and exceeding scandalised hereat, as also the subjects that should discover such a vain fear, they would become very perverse. And therefore for this point also, it was both equal and necessary for the Prince to make due resistance.  
So that the Pope's fulmination being unjust and nothing, it follows consequently, that for necessary defence, the obstacle of the Commonwealth, in the publication and execution thereof, hath been most just and lawful. And the commonwealths subjects, but especially those of the Clergy, aught to pacify their minds and consciences, attending the service of God, under the protection of the Prince; constantly believing, that the holy Ghost was promised and given to all the faithful, among whom Christ himself is present, when they are congregated in his name; and that none can justly be excluded out of the holy Catholic Church, except by his own worthy demerits he be first excluded from the favour of God. And that the obedience which God commands us to perform to our Ecclesiastical superiors, is not a foolish or ridiculous subjection; nor the power of Prelates is not an arbitratorie judgement; but both the one and other must be ruled by the Law of God, who in Deuteronomie ordained not an absolute obedience to the Priest, but a prescribed observance, 
Deut. 17.  according to the law divine. Fancies quaecunque dixerint qui praesunt loco, quem elegerit Dominus, & docuerint te juxta legem eius. God only is an infallible rule, we must only profess obedience unto him, without all exception. He that generally professeth this towards others, without the commandments of God, sinneth; and whosoever supposeth any human will to be infallible, committeth great blasphemy, in ascribing to the creature a property only divine. Absolute obedience is only rendered unto God, an observance limited within the bounds of laws divine. And this they used in the ancient Church; we have an example hereof in the Acts of the Apostles, written by S. Luke: That the faithful thought the contrary of S. Peter, and withstood him about the vocation of the Gentiles; and yet were they not thundered against with hideous excommunications, or threatened by him, and forced to hold their peace; but by the reason and authority of divine revelations, and the words of our Saviour, 
1. Cor. 13.  they were taught and persuaded. Christian charity, saith S. Paul, Patiens est, benigna est, non inflatur, non est ambitiosa; It threatens not, it destroys not, it entreateth all men like brothers. Considering that Prelates must not domineer nor command with empire, 
1. Pet. 5.  but with examples and instructions of piety and charity: let's hear S. Peter a little; Pascite qui in vobis est gregem Dei, providentes non coacte sed spontaneè secundum Deum, 
2. Cor. 1.  neque turpis lucri gratia, sed voluntariè, neque ut dominantes in cleris, sed formafacti gregis ex animo: and S. Paul, Non quia dominamur fidei vestrae, sed adiutores sumus gaudij vestri: And a Prelates charity should be as ready to teach, as to be taught of others: for when S. Peter erred in Antioch, 
Gal. 2.  S. Paul forbore not to reprehend him grievously in the presence of all men: and let no man here reply, who is like to S. Paul, that may be so bold? as though S. Paul by reason of his excellency, might be the bolder to oppose himself against one, whom it was not lawful to resist; nay, but we may justly, and constantly affirm quite contrary, who is like Paul, that may be compared unto him in humility and acknowledgement of himself, and of due reverence to the high Priest? Questionless we may undoubtedly believe, that as S. Paul in all the virtues far exceeded, whatsoever we are able to perform, so in due reverence to the head of the Church, 
Rom. 15.  he observed that, which the least of us is bound to perform. The holy Scripture saith, Quaecunque scripta sunt, ad nostram doctrinam scripta sunt. The holy Ghost would never have written this History but for our example, to the end we might imitate it; and we see, that all the Doctors in discussing how any one may oppose himself to the Pope, when he committeth error, and governs unworthily, they have recourse to this example.  
Let no man therefore be astonished, depending only on the authority of a Prelate; 
Mat. 16.  let him remember, That not one but two keys were given to Peter, and if they be not both used together, the effect of losing and binding doth not ensue; the one being of power, and the other of knowledge and discretion. Christ gave not a power to be used, without due knowledge and circumspection, but with great and exquisite judgement; the which wanting, power only takes no effect. The Canonists say, that the power of binding and losing is intended by a key, not erring; and S. Leo the Pope, 
24. q. 1. c. Manet.  expressly affirmeth it in a Canon, speaking of this privilege given by S. Peter: Manet ergo Petri privilegium ubicunque ex ipsius fertur aequitate judicium, nec nimia est, vel severitas, vel remissio, ubi nihil erit ligatum, vel solutum, nisi quod Beatus Petrus soluerit, aut ligaverit.  
FINIS.