THE HISTORY OF THE INQVISITION: Composed by the Reverend Father PAUL SERVITA, who was also the Compiler of the Council of Trent. A Pious, Learned, and Curious Work, necessary for Councillors, Casuists, and Politicians.  
Translated out of the Italian Copy by ROBERT GENTILIS.  
LONDON: Printed by J. Okes, for Humphrey Mosley, and are to be sold at his shop in Paul's Churchyard, at the sign of the Prince's Arms, 1639.   

The Printer to the Reader.  
THe hidden Treasure never availed any, as Solomon the wise said. This present Book, like to a great Treasure was always much Esteemed by the best Politicians, but it lay hidden because it went notabroad, but in a Manuscript, and came only to the hands of the Governors of the Venetian State, and of some few foreign Princes, who by especial favour were made partakers of it. Now a liberal hand which desireth the common good, by means of my Press, hath communicated it to the world, that every good State's man may participate of it. Receive it with a cheerful countenance, and believe it will not a little profit thee and others. Farewell.   

The History of the Inquisition, and particularly o● the Venetian. With the Motives which caused that most Renowned Commonwealth of Venice to make diverse Ordinances touching this matter.  
To the Most Renowned Duke of Venice: F. P. V. S. wisheth all happiness.  
PERFORMING with all due reverence the command laid on me by your Highness to draw unto a head, and set down in order all matters which concern the Office of the Inquisition against Heresy: I have found all things so well ordered in times past, by the Counsels of this most Renowned Commonwealth, that there needeth no other thing to be done, but only to put together that which on diverse occasions hath been determined, bringing to pass that which was deliberated by the most excellent Council of Ten, and in the year 1550. the 22 of November, the 8 Chap. vid. that throughout all the Venetian Dominion should be an uniform proceeding, and conformable to what is observed within this renowned City: As also it was agreed upon between Pope Julius the third, and this most illustrious Commonwealth, in the year 1551. Chap. 18. 19  
Which in my respectful opinion may easily be done, if the orders made upon several occasions be reduced unto Chapters, and thence as it were a recapitulation framed, wherein shall briefly and summarily be set down so much as is necessary to be observed, and Copies may be given either of the Heads alone, or joined with the aforesaid determination it shall seem best.  
I will first gather the Heads, then will I add the considerations and causes for which these Orders were first established to the Honour of God; for the which it is also necessary to continue the keeping of them, for the maintenance of holy Religion, and public quietness.   


CHAP. I. THat as in Venice by a public and ancient decree there are deputed three Senators, Inquisitors against Heresy, to be present at all which is done by the Friar's Inquisitors; so in other Cities of the State, the Governors shall be present at the framing of Processes made by the Inquisition.  
CHAP. II. That the Governors of the Cities, having some lawful let to hinder their presence, they shall cause the Podesta his Deputy, or some other of the Court of justice to supply their place.  
CHAP. III. That no Governor, having any intimateness with Rome, shall be an assistant to the aforesaid framing of Processes.  
CHAP. IU. That the Assistants Office shall be only to be present, without doing any thing else, and if any doubt arise, to make it known to the Prince.  
CHAP. V. That the assistants shall not swear faithfulness or secrecy to the Inquisitors.  
CHAP. VI That the Governors shall from time to time give the Prince account of what is done in the Office of the Inquisition.  
CHAP. VII. That the same Governors shall give notice to the Prince, and the Ambassador of Rome, of the death of the Inquisitor, or of the occasion of changing him.  
CHAP. VIII. That the Governors shall not admit of any Inquisitors in the Cities by them governed without the Prince's Letters.  
CHAP. IX. That the Governor shall assist not only in Seular men's causes, but also in Ecclesiastical and Regular men's, though they were of the Inquisitors Monastery.  
CHAP. X. That the Governors shall not suffer any act to be made after denunciation without their presence.  
CHAP. XI. That although the Inquisitors should impart the business to them, yet the Governors should not forbear to be present thereat.  
CHAP. XII. That the Ecclesiastical persons having framed a Process without their assistance, the Governors shall cause it to be framed again before them.  
CHAP. XIII. That they shall do the like, though the Process were to be sent out of the State.  
CHAP. XIV. That in the Process, mention shall be made of the Governors' assistances, or their Deputies.  
CHAP. XV. That no Decrees, or Precepts, which come from out of the State, shall be put into any Processes.  
CHAP. XVI. That neither the Processes, nor the Prisoners shall be sent out of the Dominions, without the Prince have notice of it.  
CHAPT. XVII. That the Praetoriall Vicar, or other of the Court being assistants shall not be Consulters.  
CHAP. XVIII. That the Governors shall not suffer the imprisonment of any, before the Process be framed.  
CHAP. XIX. That they shall not suffer the Inquisition to meddle with Enchantments, and Southsaying, if they do not contain Heresy.  
CHAP XX. That they shall do the same by Herbal Enchantments, Witchcrafts, and Sorceries.  
CHAP. XXI. That ordinary blasphemies shall not be judged by the Inquisition, nor wounding of Images, nor irrisions committed by singing of Psalms or impure Litanies.  
CHAP. XXII. That the delict of having two Wives shall not belong to the Inquisition.  
CHAP. XXIII. That the Assistants shall not suffer the Inquisition to meddle in cases of Usury.  
CHAP. XXIV. That the Jnquisition shall not in any cause proceed against Jews or Infidels.  
CHAP. XXV. That the Inquisitors shall not proceed against the greeks.  
CHAP. XXVI. That he that shall be thought to have done against the Faith beyond the Alps, shall not be cited by Criers, nor by affixment of Schedules.  
CHAP. XXVII. That the Inquisition shall have nothing to do with the goods of condemned persons.  
CHAP. XXVIII. That no Bull shall be published by any Order from the Congregation of Rome without the Prince his Licence.  
CHAP. XXIX. That the Inquisition shall not cause any prohibition of any sort of Books to be printed, without the observing the conditions of the agreement.  
CHAP. XXX. That the Inquisition shall not command any that is of a Secular Art, or profession.  
CHAP. XXXI. That the Inquisitor shall not cause Artificers to be sworn unto them.  
CHAP. XXXII. That the Inquisitor shall not make any Precept or Monitory for the Commonalty, or for the judges.  
CHAP. XXXIII. That the Inquisitors shall not publish any Edict, containing more than the six ordinary Heads.  
CHAP. XXXIV. That cases which shall happen in Towns or Villages shall be decided in the Cities to which they are subject.  
CHAP. XXXV. That a case happening in a place whereto no Inquisition properly belongeth, the delinquent shall be sent to the place where he is questionable for spiritual matters.  
CHAP. XXXVI. That contumacious persons shall be banished, either diffinitively, or for a time, as it shall seem best to the Inquisitors.  
CHAP. XXXVII. That the Inquisitors shall make such Proclamations as they shall please against such as are escaped out of their Prisons.  
CHAP. XXXVIII. That those which are Inquisited or Cited for Heresy, flying within the State, shall be condemned for four years to prisons separate from other Prisons.  
CHAP. XXXIX. That the Inquisition shall punish false accusers, and false witnesses, when the falsehood appears by the same Process, otherwise it shall belong to the Governors.    


BEhold here most illustrious Prince, the sum of all the aforesaid nine and thirty Chapters, now resteth to show unto your Highness the reason of them all: but first that we may discourse more sound, it will be needful for me to relate when, how, and for what cause the office of th'inquisition was instituted in Christendom; and at what time, and in what form it was admitted into this famous City of Venice.  
Beginning therefore from thence I will say, that although Heresies by Divine permission, were sown in the World, for the exercise and trial of good Catholics, even in those times as the Church began, etc. after our Lord's Ascension, yet the particular office of th' Inquisition against Heretics, did not begin till after the year one thousand two hundred.  
The Holy Apostles left for a remedy to this pestilence, that the Heretic should be ad monished once or twice, and that perishing in his obstinacy, Catholics should separate themselves from his fellowship, and excommunicate him. Nor was there any further proceeding until Constantine's time, who embraced the holy Faith, and was after imitated by his successors. Then amongst other things the Saints taught Princes, that they having two callings, the one of Christians, the other of Princes; were bound in both of them to serve God as Christians, in observing of the Divine precepts, as every other private Person; but as Princes, serving his Divine Majesty with well ordering of Laws, and directing their subjects to Piety, Honesty, and Justice; punishing all such as transgress the Divine Commandments, and especially those of the Decalogue: For those that sin against the first Table, which concerneth Divine honour, are worse than they who sin against the Second; which concerneth Justice among men: Wherefore Princes are more bound to punish Blasphemies Heresies, and perjuries; than murders and thefts: For this cause were diverse Laws made against Heresies, which are Registered in the justinian & Theodosian Codes, imposing upon the guilty pecuniary mulcts, banishments; privation of part, or of all their goods, according to the circumstances of the offence, the execution of which Laws was committed to their secular Officers.  
Every criminal judgement hath three parts; the Cognisance of the cause of the delict, the Cognisance of the fact; and the sentence. In the judgement for Heresy, the Cognisance of the reason is, whether such an opinion be Heretical or no: The Cognisance of the fact is, whether a Person so accused, or denounced, hath defended or held; or showed any token of holding that opinion: The sentence consisteth either in absolving the guiltless from an imputation, or condemning him that he is found guilty. The first Cognisance, what opinion is Heretical, was always Ecclesiastical, neither can it any way belong to the secular Power; and when in those days there grew any difficulty upon some opinion, the Emperors did require the judgement of Bishops; and if need were did call Counsels: But the Cognisance of the fact, whether the accused Person were innocent, or guilty, that he might have the punishment ordained by the Laws; and the sentence of Condemnation, or Absolution, did all belong to the secular Power.  
Some of the holy Bishops and Prelates of those times, after they had declared what opinions were Heretical, and had separated from the Church as excommunicate, and anathematised those that did hold them; intermeddled no further, nor durst give notice thereof to the Magistrates; holding it to be no work of entire Charity. Others having perceived, that fear of the secular Magistrate did overcome the pertinacy of the obstinate, and did work that, which love of the Truth could not do; held it as their duty to make known the Heretical Persons, unto secular judges; together with their erroneous opinions, and to excite them to put the Imperial Laws in execution: But because sometimes a Heretic Preacher did cause some notable trouble, the judges regarding the sedition more than the heresy, did proceed also to Capital punishments; the Churchmen did in these cases forbear to appear before the tribunal, and did always use unfeigned exhortation to the judges, that they should inflict no punishments of blood upon the delinquents. St Martin in France excommunicated a Bishop, because he had accused certain Heretics to Maximus Usurper of the Empire, which by him were put to death. St Augustine also most zealous of the purity of the Church, to clear it of this evil seed; did often and earnestly desire the Proconsul's, Counts, and other Imperial Ministers in afric, for to execute the Prince's Laws; and would make known unto them the places where Heretics held their conventicles, and did discover the Persons: But always when he saw any judge inclined to proceed against the life, he earnestly prayed him, by the mercies of God, by the love of Christ, and such like urging entreaties, that he should desist from punishments of blood: And in an Epistle to Donatus Proconsul of Africa, he tells him plainly, that if he do persevere in punishing of Heretics, with the loss of their lives, than the Bishop would forbear giving notice of them; and not being made known by others, they would rest unpunished, and the Imperial Laws unexecuted: Whereas proceeding mildly and without bloodshed, they would have been vigilant in discovering them; and notifying of them for the Service of God, and execution of the Laws.  
In this manner were things handled in the Church, for causes of heresy under the Roman Empire, until the year of our Salvation 800. when the Eastern Empire being divided from the Western, this form rested in the Eastern until the end of it.  
In the Western, the Princes needed not make any Laws, nor take much care about this business; seeing that for the space of three hundred years, from 800. to 1100. there were very few Heretics found in these parts, and when any case did happen (which chanced but very seldom) the Bishop did judge of it, in the same manner as he proceeded against Ecclesiastical Persons; as against infringers of the Holidays, breakers of Fasts, and such like, judging and punishing them themselves, in those places where they had jurisdiction granted them by the Princes; and where they had not the like power, they did implore the secular aid to punish them.  
After the year 1100, by reason of the continual unkindnesses, which for fifty years before had been between the Popes and the Emperors, and lasted afterwards for a whole age, until 1200. with frequent Wars, and scandals, and the little Religious life of the Clergy, there did arise an infinite number of Heretics, whose most common heresies were against the Pope's Authority: In those days the plague of heresy grew so fast, that where the multitude exceeded, there was a forced toleration: A Bishop where he could, did proceed in those causes: the Popes of Rome did with frequent Letters exhort, and excite them to their duties: neither until the year 1200 was ever heard the name of the Office of the Inquisition, or of Inquisitor against Heresy: But the Bishops & their Vicar's being little able▪ and less diligent to perform that which the Pope's desired, and had been necessary to have been done, there were in those days most opportunely instituted the two Religious Orders of St. Dominick and St. Frances, which in short time were filled up with the most zealous and learned Persons of that Age, altogether given to the maintaining of the Church of Rome, and the Pontifical authority; whom the Pope's using against Heretics, they sent them to Preach, and to convert them; to exhort the Princes and Catholic Nations to persecute the obstinate, and to inform themselves in each place of the number and quality of Heretics, of the Zeal of the Catholics, and diligence of the Bishops; and to bring their relations to Rome, from whence they had the names of Inquisitors: Yet had they no Tribunal, only sometimes they would excite some judge to banish or punish those Heretics which they found: sometimes they would stir up some Potent men to take Arms against them; some times they did excite the people, sowing a cross of red cloth upon the garments of such as would dedicate themselves to such an action, and would unite them, and bring them on to the extirpation of Heretics; and this lasted for the space of fifty years: viz. until the year one thousand two hundred and fifty.  
This enterprise of the Father's Inquisitory was much furthered by the Emperor Frederick the Second, who in the year 1244. being in Milan, set forth four Proclamations concerning this matter, receiving the Inquisitors into his protection, and imposing the penalty of fire upon obstinate Heretics, and upon penitent ones perpetual imprisonment, committing the Cognisance thereof unto the Ecclesiastical Persons, and the condemning of them unto secular judges: and this was the first Law that imposed punishment of death upon Heretics, which Law (by reason of the cruel discords that arose in those days, between the Emperor and three Popes successively) did not bring forth that good effect of rooting out the sprung up Heresies, but being all busied in Wars and dissensions, as well the Popes and other Prelates, as the Emperors and his Ministers; Heresy had time to take root and increase. Finrlly, the Emperor Frederick dying that same year, and the business of Germany being in a confusion, and Italy in an Interregnum which lasted three and twenty years; Pope Innocent the Fourth, remaining through the death of the Emperor as it were Arbitrator in Lombardy, and some other parts of Italy, applied his whole study to the rooting out of Heresies▪ which were much increased in these late troubles: and having considered the good the Dominican and Franciscan Friars had done in this business.  
Through their diligence, having no respect of persons or dangers therein, he held it as his only remedy to employ them, not as before only to Preach, and assemble men marked with the Cross, and to do extraordinary executions, but with giving them a stable Authority, and erecting them a firm Tribunal, which should have care of nothing else. To this, two things opposed themselves: the one was how they might without confusion take away cases of Heresy from the Episcopal jurisdiction, which had always judged them, and set up an Office proper to them alone. The other thing was, how they might exclude the secular Magistrate, to whose judgement was committed the punishing of Heretics by the ancient Laws of the Empire, by the last Laws of Frederick, and by peculiar Statutes which each City was forced to make, for fear of overthrowing her government in those great tumults. To the first inconvenience the Pope found this remedy, which was to make a Tribunal, composed of th' Inquisitor and the Bishop, in which th' Inquisitor should not only be chief, but, all and the Bishop should have little more than a name in it; and also to give some appearance of Authority to the secular Power, he gave him leave to appoint Officers to the Inquisition, but to be chosen by the Inquisitors themselves; to send with the Inquisitor, when any of his Assessors did go about the Country, but of the Election of the Inquisitor himself, to apply one third part of goods confiscate to the Commonalty, and such like things, which in show made the Magistrate the Inquisitors companion, but in substance his Servant: There remained to provide money for expenses which would arise, in keeping of Prisons, and feeding of Prisoners, for which it was ordered that the Commonalty should pay: And so it was ordered, he being in Brescia in the year 1251, and the Dominican Friars were deputed Inquisitors, in Lombardy, Romanie, and Marca Trivisana. Seven Months after the Pope writ a Bull to all the Governors, Counsels and Commonalties of those three Provinces, setting them down one and thirty heads which they should observe, for the prosperous success of the new Office, commanding that they should be Registered in the Commonalties Statute Books, to be inviolably observed. Then he gave the Inquisitors power to Excommunicate and interdict them, if they did not observe them. The Pope did not at that time extend himself any further, to bring in th' Inquisition into other places of Italy, or without saying that those three Provinces were most under his eyes, and best of him beloved: but the chief cause was, because in these his Authority was great, they having no Prince, and each City governing itself; wherein the Pope had also a part, because he had assisted them in these last Wars: Yet for all this the Edict was not easily received, whereupon Alexander the Fourth his successor, seven years after vid. in the year 1259. was constrained to moderate and renew it, Commanding the Inquisitors nevertheless, with censures to force the Governors for to observe them. For the same cause Clement the Fourth, six years after that, vid. 1265. did renew it in the same manner; yet was it not fully executed, so that four other ensuing Popes were constrained to employ themselves in overcoming those difficulties; which thwarted them in causing the Office to be admitted in some places: These difficulties did arise from two heads: The one was the undiscreet severity of the Friar's Inquisitors, their Extortions, and other grievances: The other was because the Commonalties did refuse to bear the charges: therefore they resolved to lay down that pretence, of having the charges borne by the Commonalty. And for to temper the excessive rigour of the Inquisitors, they gave some part of Power more unto the Bishop, which was the cause of bringing in the Office with less difficulty into these three Provinces of Lombardye, Romanie, and Marca Trivisana, and afterwards into Tuscan; and so it passed into Arragon, and into some Cities of Germany and France: it was not brought into the Kingdom of Naples, by reason of the small correspondency which was between the Popes, and the Kings of that Kingdom.  
It was soon taken out of France and Germany, some of the Inquisitors being driven out of those places for their rigours, and extortions; and other some going away for want of employment: For which cause they were also reduced to a small number in Arragon, since they had not yet penetrated into other Kingdoms of Spain.  
In the year 1484. the Catholic King Ferdinand, having extinguished the Kingdom of the Mahometans in Granata, to purge his, and his Wife Elizabeth's Kingdoms from the Moors and jews newly converted, erected with the consent of Pope Sixtus the Fourth, a Tribunal of the Inquisition in all his Kingdoms of Spain, Sicily, and Sardinia which were by him possessed, in the form which it lasteth into this present; by which Tribunal are judged, not only these which are accused of Mahometisme, or judaism, but also of Heresy. The form which was then brought in, and doth yet last, is, that the King nameth an Inquisitor General throughout all his Kingdoms to the Pope, and his Holiness doth confirm him; and for the rest, the Court of Rome is not admitted to intermeddle any further. The Inquisitor named by the King, and confirmed by the Pope nameth the particular Inquisitors in every place, which nevertheless cannot enter into their charge without the King's approbation: The King also deputeth a Council or Senate upon this business, in that place where the Court is, of which the supreme Inquisitor is Precedent: and this Counsel hath supreme jurisdiction, consults of all the businesses, makes new Orders when it seeth any need; determines differences between particular Inquisitors, punisheth the defects of the Officers, heareth the appeals, & doth not put them over to any oath: But the King hisroyal Council, would have the Inquisition to be brought into the Kingdom of Naples, & subjected to that of Spain, as also in Sicilio, Sardinia, & the Indies: & the Court of Rome would have it depending from it, alleging therefore, besides the Pontifical spiritual Authority, the Temporal superiority which the Pope hath in that Kingdom. In the year 1547. Don Frederico di Toledo being Viceroy there, would overcome these difficulties and came to execution; which thing excited such a commotion and sedition amongst the people, that it was almost grown to a War between them and the presidiary Spaniards, and the Spaniards getting the Victory, being Masters of the Forts, the tumult was quieted, and the principals were punished, some with death, and some with exile: Yet he left off his enterprise of bringing in the Inquisition, not so much for fear of a new tumult, as through the effectual intercession of the Pope and Cardinals; the thought of bringing to pass this their intent, remaining still in Spain, and in Rome a resolution to oppose it; so that to this day there is no Inquisition in all that Kingdom, and if that any case happeneth, it is dispatched by the Bishop, or else it is delegated from Rome to some other Prelate, who notwithstanding doth nothing unless he have first leave from the Viceroy. In the Low Countries, since the springing up of the Lutheran Sect, the Heretics were punished by the secular Magistrates, without any other Office of Inquisition; sometimes with death, sometimes with banishment, which Magistrates relenting from their rigour by reason of the multitude of Heretics, in the year 1550. the Emperor Charles the Fifth resolved to bring in the Inquisition after the Spanish manner, and thereupon published a Decree; but being advertised by Mary Queen of Hungary his Sister, and Governess of those States, that all the foreign Merchants would be gone, and the Cities would be without Traffic, he declared by another Edict, that th' Inquisition should have no power upon strangers; and for the Natives, he did much mitigate the form of it, yet was it not put to execution according to the Emperor's mind, but only unperfectly: and the punishing of Heretics for the most part rested in the Magistrate, and slackened continually more and more: Wherefore Philip King of Spain tried in the year 1569 and the years following, again the bringing in of the Spanish Inquisition after diverse ways, but could by no means establish it by reason of diverse resistances, till that in the year 1567. it was by force of Arms established by the Duke of Alva, and being brought in, immediately succeeded the Wars, and was still more and more restrained, both in scope and Authority, until it was brought to nothing, in which state it remaineth at this present.   

The beginning of the Inquisition of Venice.  
THe Renowned City of Venice by God's Grace kept itself untouched from the contagion of Heresy; at all times before the year 1232. which thing is manifest by this, that at the promotion of Duke Giacemo Theophilo, in the year 1229. in which mention is made of the form of proceeding, and of the punishments and chastisements of many sorts of offenders, Heresy is not named: And in the year 1232. when the same Duke published the Statute, wherein is ordained the punishment for many offences, and especially of misdeeds, and charming by Herbs, there is no mention made of Heresy, as certainly there would have been if the City at that time had felt any such plague. But after that Pope Innocent the Fourth tried to deprive the Emperor Frederick the Second, of the Empire, Kingdoms, and States which he possessed, and a great part of Christendom being thereupon in Arms, and all Lombardic in debate with the Marca Trivi●iana, and Romania, then divided into favourers of the Pope, and of the Emperor; they were then infected with diverse perverse Opinions, and retiring themselves to Venice, to live in security: the wisdom of this Government in the year 1●49. found a remedy to guard the City, from being infected with that contagion that the rest of Italy was; wherefore they determined to choose honest discreet and Catholic men, to inquire against Heretics; and that the Patriarch of Grado Bishop of Castello, and the other Bishops of the Dogie of Venice, from Grado to Caverzere should judge of their Opinions, and those that by any of the Bishops should be given out to be Heretics, should be condemned to the fire by the Duke and Councillors, or the Major part of them: which things are seen in the promotion of Duke Marino Moresini in the year 1249. But for fear lest the death of some Bishop should interrupt the business, it was added in the Commission of Diacomo Contarine, Duke, in the year 1275. that the same should be done to them which were given in for Heretics, by the Episcopal Vicars, in case the Bishops were dead. This institution was just the same as that which is contained in the Body of the Civil Law, and was used in the Roman Empire: For first, the Cognisance of the fact belonged to Lai judges, deputed by the Commonalty to inquire against Heretics, who once discovered, is to be judged by the Bishops whether their opinion did agree with the true Faith; which done, the Duke and Counsellors made up the sentence, not as mere executors, but as true judges; which plainly appeareth by those words, or by the Major part of them, which words cannot be spoken of any but such as have decreeing voices.  
Notwithstanding, the instant requests of Pope Innocent, Alexander, Vrban, and Clement, and seven other Popes their successors; the most renowned▪ Commonwealth, could never be persuaded to receive the Office of Friar's Inquisitors, instituted by the Pope. The secular sufficed it, instituted by itself, and brought forth good fruit for God's Service.  
They had before their eyes the frequent disorders which were bred, by reason of this new Office, in those Cities where it was: because the Friars Inquisitors often in their Sermons did excite the people, and marking them with crosses, did work their revenges upon their enemies under the name of Heretics, and also other innocent persons were under that name oppressed by them, as desired their goods; one in Milan in the year 1242. the other in Parma, in the year 1279. which had like to have been the ruin of those two Cities; the formal order of this renowned Commonwealth is to hold with old and approved things, and the disorders of other places did force it to keep that Office, which by themselves was Instituted in the year 1249. as it is said before.  
But Nicholas the Fourth coming to be Pope, being of the order of your Minor Friars, he to bring to pass the determinations of his predecessors, and to advance the Friars of his own order, to whom he was greatly affected; did so instantly entreat that it was resolved to receive the Office, but with such a limitation, that it should not be able to breed any scandal; and therefore order was taken, and having called together all the Counsels of the Commonwealth, it was determined that the Duke alone should have power, to give aid to the Inquisitors, to exercise their Office; and that there should be money deposited out of the common Treasure, with an overseer who should lay out the expenses for the Office, and should receive all the emoluments and profits that should arise out of it.  
This determination was signified to the Pope with a public mandate of the said Counsel, and the Pope having seen and examined it, was content therewith, and did exhort them to follow it. And of all this he framed a Bull given at Rieti, the 28. of August, in the same year 1289. inserting in it the foresaid determination of the greater Counsel, made the fourth of the same month: And this is the beginning in Venice of the Office of th' inquisition mixed of secular and Ecclesiastical Persons, as it continueth to this present.  
here it is necessary to stop, and consider that the Office of th' Inquisition within these Dominions, doth not depend from the Court of Rome, but properly belonging to the most renowned Commonwealth, undepending, set up, and constituted by the same, and established by contract and agreement with the Apostolic Sea; and therefore aught to be governed by their own Customs and Ordinances, without being obliged to receive Orders from any other place, whereof there be four most clear reasons.  
The first because that although Innocent the Fourth, and other succeeding Popes made Orders for the establishing of the Office of the Romish Inquisition in every City, yet those orders had no place in this Commonwealth.  
The second, because the Office of the Inquisition is not instituted by virtue of any Pope's Bull, but by the determination of the greater Counsel.  
The third, because that Pope Nicholas did only give consent to that which was determined by the Commonwealth.  
The fourth, because that the charges, and the profits were the Commonalties, and not the Churchmen's; wherefore they, in as much as belonged to the Office, did depend on the Secular Institutor. The expenses which were made were no small matter; for (besides extraordinary ones for taking men, and the food of Captives) the Inquisitor had for his stipend twelve Ducats of gold a Month, which now would be above six and thirty Ducats.  
And this truth, that the Office is Venetian, and not subject to any others, appeareth by an accident which happened some twelve years after the first institution of it, vid. in the year 1301. when Friar Antony, Inquisitor, made a Monitory, unto Peter Gradenigro, Duke, that he should swear to observe the Papal and Imperial Constitutions against Heretics. To whom the Duke answered by a public writing, that he was not to take any other oath, since that in his promotion to the place he had sworn to as much as was agreed with Nicholas the fourth; neither was he to be tied to any other Apostolical or Imperial Ordinances, because they were not conformable to that agreement, and the Inquisitor withdrew himself from his attempt, and yielded. I do not find when the three Inquisitors, which were to assist in the Prince his name, were first preferred: But it is likely that they were deputed by him, and the Councillors in the beginning, as, well because there being nothing to the contrary remembered, it ought to be so supposed: as also because that before the erecting of this office of the Inquisition, mixed of Secular and Ecclesiastical; there was theoffice merely secular, to which Noble men were raised to inquire against Heretics, as it hath been above rehearsed; whence it may be presumed that the election and name continued.   

The Exposition of the first Chapter.  
WHerefore holding this for firm truth, in the first Chapter it is said; that as there be three Assistants to the Office of the Inquisition in Venice, so ought the Rulers assist in the subjected Cities, which ought to be ruled according to the Laws and customs of the City which commandeth, unless it be in those particulars, which either by privilege, or the prince his grace, are granted unto each City. And likewise the liberties and immunities of the commanding City, are communicated unto the above named, as soon as they enter into that subjection: and this is observed in all Kingdoms and States. And only this legal disposition and custom is sufficient to make lawful the assistance of the Rulers, throughout all the Dominion.  
But besides the legal disposition, there is also a particular agreement made with the Apostolical Sea in the year 1551. The occasion of which was, that the most excellent Council of Ten, and those joined with them, having put the Representants in mind of their duties, lest through negligence some abuse might be brought in, writ to all the governor's that they should be present to the forming of Processes in the Inquisition. The Court of Rome reputed it to be a novelty, with prejudice of the Ecclesiastical authority; and Pope julius the third complained of it to the Ambassador, saying that it was against Pontificial decrees, and that he thereupon would make a Bull. The Ambassador answered, that it was not a thing newly determined, but most ancient, and renewed to preserve the jurisdiction, and not to assume unto themselves any part of that which belonged to the Church, but rather to aid it. The Pope was content with the answer, & added, if these Lords will be Coadjutors, may they be blessed, but if they will be co-judges, we cannot endure it. And the Pope reputing it to be a business which ought to be sounded to the bottom, and not to be contented with words; especially seeing the great stir that was amongst the Cardinals: wherefore he sent Achille Graffi, the Elect of Montefiascone a purpose to Venice, to whom he gave a Commission the sixth of August, 1551, with these words: We send you to make some agreement touching the proceedings in causes of Heresy; it is held, that the Assistance of the Secular power is necessary within that City and Dominion, we do not disprove of it, so that it be without intruding themselves into the Cognisance of sentence, and a little lower, we will be contented with any form pleasing to that Commonwealth, so it be citra cognitionem & sententiam.  
The express Nuntio being come to Venice, it was an easy matter to accord, because that both the parties did mean the same thing; wherefore it was immediately agreed in four Articles.  
The first, that the Governors shall be present at the framing of Processes, and to all that which the Inquisitors or their Deputies shall do.  
The second, that the Inquisitors, their Deputies, and Governors, may have liberty to call such Doctors as they shall think fitting, according to the quality of the cases.  
Thirdly, that any causes happening in Castles or Towns, shall be dispatched in the principal City, by the same Orders.  
The fourth, that the Governors shall once a week at least be with the Inquisitors and Deputies to attend upon this business.  
conformably to this agreement the 26. of September, Letters were sent to all the Governors, and to Rome. The Pope having seen this agreement, approved of it, and gave order to the Bishop of Ravello his ordinary Nuncio in Venice, that he should write the same to all Inquisitors and Deputies of the State, warning them also that in all Acts, Decrees, and Sentences which should be made in this business, in the presence of Governors, the Notary thereunto deputed should write this clause, vid. Cum assistentia & presentia Clarissimorum Dominorum. N. N.  
The first agreement treated of with Pope Nicholas, in the year 1289. and this last one also, each by itself are sufficient to show, but both joined together do plainlier show, that this authority cannot be taken away by any Bull, or Decree made in any manner by any Pope whatsoever. He that granteth a gift, may upon occasion revoke it, but that which is covenanted and agreed upon, is irrevocable; so that no Decree whatsoever made at Rome, aught to stir it, as that which was made by Gregory the 14. in 1591. declaring that Heresy being an offence purely Ecclesiastical, the Secular power ought not to intermeddle therein. And although some Popes did try to derrogate from that agreement, as Pope Leo the tenth said to that purpose: Notwithstanding any Customs confirmed by the Apostolic Sea, such derogation cannot comprehend our case; for to confirm is one thing, and to covenant and agree is another. And if it should say, notwithstanding the agreements made with the Apostolic Sea, it were a Nullity; for it is a contradiction that a thing should be agreed upon between two, and that it should be subject to the sentence of one alone. It is certainly to be believed, that the Court will still try by all means to exclude the Secular, and draw wholly under itself the Offices concerning Heresy, which are in this State. But no act of any other can bring it in question, or cause any prejudice: so that the prejudices do not come from this side through negligence in the Execution. Wherein we may take example from Spain; where the form of the Inquisition being subject to the King, established by an agreement made in the year 1484. the Spaniards have refused to have it altered by any Bull or Order made at Rome. It was not an act of great honesty when they printed the Directory at Rome, in the year 1584. to add unto it the aforesaid brief of Pope Leo the tenth, directed to all Bishops and Inquisitors within this Dominion: wherein (upon some notable cases which happened in Valcamonica) that Pope writ, that the Secular Magistrate shall have nothing to do with the office of the Inquisition, and shall be only tied to execute the sentence, without any other business; which brief they ought not by any means have printed. First, because they had it not out of an authentical place. Secondly, because at that time it was not put in execution, nor peradventure seen, whereof a manifest token is, that the said Brief being Dated the fifteenth of February, 1521. after the Roman manner, some thirty, days after, vid. the twentieth, and four and twentieth of March the most excellent Council of Ten (to resist the innumerable extortions done by the Clergy) ordered, that notwithstanding the Sentences pronounced by the Inquisition Office, the Bishop of Limine, with two Doctors deputed by the Governors, the Processes should be new made, and carried to Brescia, and there judged in the presence of the Governors: Whereunto the Nuntio also consented, and so it was accomplished; which showeth us plainly, that the said Briefs of Leo the tenth, either is not true, or is not to be seen, or did not take place, and therefore ought not to be printed, especially seeing that the agreement made with julius was since that time. But as the Court of Rome will never desist from nourishing her pretence, so it shall be fitting to watch for to resist, that negligence may not prejudice the business, never putting to a treaty a thing already so firmly established: because the very putting of it to a Treaty in the year 1551. if the success had not been good as it was, would have been a great prejudice to the agreement made in 1289. But that besides the lawfulness and righteousness of this sentence, it is also necessary with skill to preserve it; both private and public respects do manifestly show: For the power which God giveth the Prince, is not a gift given for his use alone, which he may let fall to decay without sin, but though it cometh immediately from God, yet is it given for the people's benefit, so that if it be diminished, it remains not so sufficient for the good and entire government, and the subject receiveth wrong, and the Divine Majesty is offended.  
Although the Prince is not bound to his Subject to govern him, yet to God he is, and the protection which he hath of him, though towards the subject it be a favour, yet towards God it is a duty, which cannot be performed, without preserving whole, and not suffering to be abated the public Authority. The Office of the Inquisition as it is more holy and needful than others; so (if it be not well handled but abused) it, is more burdenous and hurtful: Where it is in the hands of just and prudent Churchmen, they should be encouraged to continue so, by looking to them and observing of them, for the opportunity of having power to work after ones own fancy may cause a Saint to overrun his course: But where the administerer hath all his requisite qualities, it is necessary to withstand his excesses. In times past it hath been seen that Subjects have been burdened with excessive rigours, by those who under a show of zeal, have sought to make way for their ambition, or to get unto themselves that which belonged to others. Therefore it is needful to mark, that avarice or ambition should hurt no particular, but a good Father, and of a good conscience should seek a remedy for it: the indiscreet zeal which she causeth to be in persons that are not conversant in worldly affairs, hath need of such a bridle. In public affairs also, the effects of ambition avarice or indiscretion are no less dangerous, for when a Potentate hath not the favour of him that commands in Ecclesiastical causes, Religion is made a pretext to oppress him. In the year 1322. Pope John the 22. published a severe monitory against Matthew, Viscount, Lord of Milan, condemning him of Heresy, and under this pretence commanding the most famous Commonwealth, that it should hold no commerce with him, nor with his subjects, although he had no other cause against the Viscount, but that he took part with Lewis of Bavaria, Emperor, the Pope's enemy: And the same year, the most Reverend Guido, Rangoni Bishop of Ferrara, and Friar Buono Inquisitor, did admonish the most renowned Commonwealth: that there should be no commerce held with Rinaldo and Obizo de Este, or their adherents and subjects, because they had condemned them for Heretics: neither was there any other cause but that they had recovered Ferrara, which was possessed by the Popes. In the year 1355. Malatesta, and Galeotto Maltesti, holding the City of Rimini, Pope Innocent the sixth, commanded Venice, that no commerce should be held with them, or with their adherents, because he suspected them to be Heretics. The same Pope the same year, used the same manner with the most famous Commonwealth, against Francisco Ordelafo, by reason of the Dominion of Forli, and Gulielmo Manfredi, because of Faenza, caused also the Crociata to be preached against them. Yet all these great stirs and condemnations of Heresy vanished into smoke, so soon as the accused were contented to acknowledge those Lands held in disputation from the Pope; A clear and undoubted document to show us, that the imputation of Heresy was but only to oppress them, and perforce bring them to yield to the fore designed humane changes.  
But to come to Modern things, In the discords which Paul the Fourth had with King Philip the Second of Spain, which were of temporal businesses: That Pope as well in consistory, as treating with Ambassadors of Princes, always was wont to say, and reply that the King, and the Emperor his Father were Heretics. It was also seen in these late occasions, that those Books which were writ in favour of the most renowned Commonwealth's cause, were forbidden by the Romish Inquisition, and others ofth ' Ecclesiastical State, under the colour of Heresy, although the things treated of were merely temporal, and approved by all Christian Kingdoms: And Cardinal Bellarmin having some years since set forth a book, wherein he subjects Princes to the Pope in temporal affairs; he dares therein handle as Heretics, all those who say that the Prince in temporal Causes, hath no other superior but God only; although that four of the five parts of Catholics do believe it: Which things cause us to believe, that since some men's malice do make use of this Office for humane ends, which are not very honest; it is needful to look how it is used, and not suffer them to take such footing, whereby they may abuse it: Because then upon occasion, when one would take order therein, it is found to be too late.  
In Milan where the Inquisition hath great Authority, there happened about 1580, a dangerous case. Cardinal Boromeo (who afterwards was a Saint) visiting of some places of the Diocese of Milan, and subject to the Suissers, went ordering many things, which bred some suspicions in those States; wherefore they sent an Ambassador to Milan, to require the Governor to cause the Cardinal to come back from those places, lest some alteration should happen. The Ambassador went to Milan and alighted at a Merchant's house, that he might the more commodiously go and do his Ambassage. The Inquisitor heard of it, and immediately went with his Officers and carried him bound to Prison to his covent. The Merchant reported what had happened to the Governor, who presently caused the Ambassador to be set at liberty, honoured him, and heard him. The Swissers who had no sooner notice of imprisonment then of his delivery, said openly, that if the news of his imprisonment had come alone without that of his deliverance, they would have imprisoned the Cardinal, to whom the Governor sent word of what was done; The Cardinal yielding to necessity went away, and the new inventions were revoked.  
These dangers show that not only malice may cause inconveniences, but impudence also, and undiscreet zeal: Therefore it behoveth to watch carefully, that the power of meeting at all actions of that Office be not diminished, which God by his Providence hath hitherto preserved, and by which means all public dangers and oppressions of the Subjects may be withstood.  
It being then plainly shown that the Office of the Inquisition is not ancient in Holy Church, and that within this Dominion it was instituted in the same form as it is now used by the Commonwealth itself, as an Office properly belonging to it; and established by agreement with the Apostolic Sea: and the reasons being unfolded which did move to this deliberation, and the necessity which bindeth to keep inviolated the form always established, With these considerations the grounds of the first Chapter are sufficiently unfolded and proved.  
The second and third Chapters need not be any better declared or proved.   

The Exposition of the fourth Chapter.  
THe fourth Chapter, wherein is set down the charge of the Assistance, which ought to be in four cases, requireth some considerations.  
The first case, to execute the just determination of the judges, cannot be called in question. The second and third which are to hinder their resolution of usurping temporal Authority, either with a headstrong, or a manifest and unjust oppression, and in doubtful cases to make them surcease and advise, are no less needful than the first: And for proof thereof, we need not allege any other Text, than that of the Popes of Rome themselves. Clement the Fifth in his General Counsel of Vienna (and it is Registered in the body of the Canon Law De Haereticis. Cap. 1.) having heard complaints of many Inquisitors, because they extended the Office of their power beyond their assigned bounds, which proved to the wrong of the faithful, (whereby it was needful for the glory of God, and right carriage of the business, to make diverse provisoes) gave diverse rules to withstand the disorders which were brought in. Clement the sixth also, gave a Commission to Bernard Cardinal of St. Marco, his Legate in the Church's Territories, to inquire of the excesses of the Inquisitors, and to do justice to them who should complain of them: Which teacheth us plainly, that in all times there are faults committed, which have need of remedy, unless they be at first withstood.  
But grant that no Inquisitor should exceed the bounds of his power, yet that is not so well ordered, but that it is needful to guide it with a great deal of wisdom. To make this appear it shall suffice to understand what was Printed, in the Directory in Rome, in the year 1584. which is orderly Translated out of the Latin. If the Inquisitors would use all the Command they have within their power, they might easily raise seditions every where: And these words are written purposely to admonish Inquisitors; that although a thing shall seem just unto them, yet when it is dangerous they ought to take advice from Rome. But here we must not conclude so, because Rome being far, and busied in her own affairs, cannot well judge of others dangers. But these confessions of the Court of Rome, show it to be necessary for all that will keep their Dominions in peace, and protect their Subjects, to have a diligent regard, and cunningly moderate that power, which in itself is confessed to be exorbitant, and many times chanceth to be exceeded and abused.  
In the year 1518. there were a great number of Enchanters discovered in Valcamonica, and by the little care of the Governors of Brescia, the judging of them was left to the censure of Churchmen. Thence grew such exorbitant extortions, and complaints of the oppressed, that the most excellent Counsel of Ten was forced to disannul all that which they had done, and send for all the Bishop's Vicars, and Inquisitors to Venice, and cause all those businesses to be reviewed by the other judges, with the Assistance of the Governors: yet for all that was that people hardly pacified from moving of Sedition.  
The extreme seditions raised in Rome after the death of Paul the 4 are not yet out of memory, wherein the Prisons of the Inquisition were by the people broken, and the building with all the writings burned. And likewise the danger the City of Mantua was in, the year 1568. which thing it is impossible to hinder, if the Magistrate, whose charge it is to look to the repose of the City, do not stop excessive and headlong determinations. And if upon any doubtful, or dangerous business he causeth a stay, it cannot be thought a prejudice to the Ecclesiastical, since by surceasing they may the better deliberate, and that hindereth not the business from being achieved with greater maturity. Whereas if a dangerous case should be suffered to run on, and the event should prove evil, either it could not be remedied, or not wholly, The Prince advertised thereof, may either by his own authority, or by sending to the Pope, pass over some things with quietness, which without his knowledge would have but a bad issue.  
That fourth part of the Chapter. vid. that the Rectors and assistants shall with dexterity egg on the Inquisitors to execute their office, if they were negligent therein, is most proper to the Secular Magistrate. First, by St. Augustine's reason who saith, that it belongeth to their office to punish offences which are immediately against the Divine Majesty, as blasphemies, Heresies, and Perjuries, more than those who offend men. And besides that, because Heresy doth not only offend God, but bring notable disturbances to the public peace, the care of which resting upon the Magistrate, who is chief in the City, he cannot let it run in danger of being infected, but he must fail in his duty. The Inquisitors ought to look to keep the people clean from Heresies, for God's service only. The Magistrate both for God's service, and for the good of the public government; and therefore as one, on whom the care most lieth, he also ought most to watch, and to incite others: Neither can any one oppose this, by saying that Secular men, though they be Magistrates, yea, and Princes also are the Children, and Ecclesiastical persons are the Fathers, and that it is not fitting that the Child should presume to control and admonish the Father, for the equivocation and cavil is manifestly seen in it. In a City there is a Son, who is a chief Magistrate, he in household and Domestic businesses shall be subject to his Father, but in public and Civil businesses he shall be superior. Ecclesiastical Persons are Fathers in Christ, so that a Magistrate ought to be subject unto them in household things, which belong to the House of God, and from them to receive the Doctrine of Christ, and the Divine Sacraments, which are household things, in which the Son is subject to the spiritual Father. But in public businesses, as punishing of offences, and peaceable civil living, Spiritual Fathers are subject to the Son who hath the charge of it, as he is a public Magistrate. And if an Ecclesiastical man hath any power or jurisdiction to punish any offence, he hath it from none but the Prince, to whom only God hath given it.  
I have said before, that in a Judgement there are three parts, the Cognisance of the reason, vid. which doings are Heretical, and this is purely Ecclesiastical; the Cognisance of the Fact, vid. what persons are guilty, and the sentence: these two last are temporal, and in former times under the Roman Empire, exercised by the Secular power, and now lost. There are also left to Ecclesiastical persons by the grant of Princes, the most renowned Commonwealth, which did exercise that power from the year 1249. until 1289. that year granted it to the Inquisition office, managed by Ecclesiastical persons, but with Secular assistance: If Ecclesiastical persons should fail in their duties, the power would return to him who gave it, without depriving himself of it. Wherefore it is no wonder if the Secular Person ought to be an overseer of him that exerciseth a charge which he hath given him, in admonishing and egging him on as far as it shall be decent for them both.   

The Exposition of the fifth Chapter.  
THe fifth Chapter, that the Governors and Assistants shall not swear faithfulness, nor secrecy to the Inquisitor, is highly to be considered of, since that by such an oath they should cease from being representants of the Prince his person, and become the Inquisitors Ministers.  
It is clear, that whosoever swears faithfulness, or secrecy, especially without exception, is bound to perform it to him that he hath sworn it, not regarding any other man's interests; so that the Representant could not oppose himself against any act of the Inquisition, although it were contrary to the Prince's respects, nor give him notice of things happening in that office, without breaking his Oath. But the public representant, even when things are treated of that do belong to the Inquisition Office, must not aim at any respects or commands, but only the Princes: wherefore he cannot swear faithfulness or secrecy to others.  
Where the Inquisitions Tribunal is merely Ecclesiastical, Secular men do come in as Councillors, or sometimes Fiscals, or Notaries, or other Officers, which do swear to the Inquisitor. But that is because those Secular men which are so present, are dependants, and subject to the Ecclesiastical. Now in this state the Tribunal is mixed, not for Secular Councillors, or other Officers, but only for the Representants public assisters, who depend not from the Ecclesiastical, but are superintendents in the Prince's stead.  
The Ecclesiasticals for these many hundred years, have no other aim, but to usurp the temporal jurisdiction, and have purchased a great deal of it with great disturbance of sundry governments, and at this present they aim at it more than ever, and in particular, for the Inquisition in this State and Commonwealth, they do bend themselves with all their cunning to draw it to be wholly Ecclesiastical, which they would at last bring to pass, if they could bring in this Oath, making thereby the Representant their Officer. And this being once brought to pass, the seruples of the one, and the small understanding of the other, the Offices which would be done by means of the Confessors, would work so, that Rome's and the Inquisitions ends, would be preferred to the public ends, or at least would raise such powerful doubts in the mind, that they would never let any thing be well done: which voideth also an answer that seems might be given, vid. That the Oath might be received, reserving to the Prince his ends. Answer, which taketh not away the dangers: For the aforesaid things would so trouble the minds of men, that they would never give way to the sound understanding of it. But to colour their attempt, the Inquisitors say two things: One, that Frederick the second, commanded all Consuls and Governors of Cities to swear The other that the King of Spain swears. But Frederick did not command that they should swear to the Inquisitors, for (as we have showed before) the Office of the Inquisition was not then begun, but that they should swear in public to him, to be careful in rooting out of Heresies, which had taken root. The Consuls and Governors did not then go into the Office of the Inquisition, with Ecclesiastical Persons, but they alone with the Imperial Authority did condemn Heretics, and swore to the Emperor to do it faithfully: and beside, this form lasted but a little while, and john Andrew, a famous Canonist, who flourished in the year 1300. witnesseth, that in his time that Oath was already grown out of custom. Philip the second King of Spain, brought in the custom of taking a public Oath, (not to the Inquisitors but to God) that he would never suffer Heretics to live at freedom within his Dominions, which is no Oath of faithfulness and secrecy to the Office (which depends on the King, and is commanded by him) but a promise to God, and a taking away all hope from the Subjects of obtaining from him any liberty of Conscience. In the same manner the ancient Dukes of the Venetian Commonwealth at their promotion, did swear to punish Heretics; but it was not an Oath to the Inquisitor, but to God and the Commonwealth. The equivocation consists in this, that it is one thing to swear absolutely, and another to swear to such a one, and this is that which signifieth subjection to him that giveth the Oath. The public representant can not swear to any but to the Prince, as he cannot be subject to any one else. For which reasons it shall always be necessary, to have a regard to this fifth Chapter, not as a summary point, but a point of great importance.   

The Exposition of the sixth Chapter.  
TO give the Prince notice of what happeneth daily in matters of Heresy, as it is contained in the sixth Chapter; is a thing of Divine Service, and necessary to a good Government, where the Inquisition is in the hands of Ecclesiastical Persons only, they do not suffer the Prince to know any thing that is done in that Office. In this State where the judgement is mixed, as their aim is that the Assistant (since they cannot exclude him) should become their Officer, so they use their best endeavours to make him keep secret what is treated off, making it a charge of Conscience if any thing be revealed without the Inquisitors leave: With this maxim, that causes touching Faith, must remain with the judges of the Faith.  
Amongst other perverse Opinions which this our unhappy Age is full of, this is also preached, that the care of Religion doth not belong to the Prince, which Opinion is coloured with two pretences; the one that since it is a spiritual and Divine thing, it belongeth not to Temporal Authority: the other because the Prince occupied in greater businesses, cannot attend these affairs. And certainly it is a thing to be admired, how the world is changed: In other times holy Bishops did not preach, nor recommend any thing more to Princes, than the care of Religion; they warned them of nothing, nor modestly rebuke them for any thing, more than for the carelessness in it, and now nothing is more preached too or persuaded. The Prince then, that to him belongeth not the charge of Divine things, though contrariwise the Holy Scripture be full of places where Religion is recommended to the protection of Princes, by the Divine Majesty; which also promiseth peace, and prosperity to those States where Piety is favoured, and desolation and destruction threatened to those States, where Divine things are held as alien. Examples thereof do abound, but because this Treaty will not suffer a long rehearsal of them, I will only say, that David being entered into a Kingdom out of order both internally, and externally, and being very busy both in Wars and in framing a politic Government; nevertheless did set his chief care on matters of religion. Solomon entering into a quiet and exceeding well ordered Kingdom, regarded also Religion, more than any other part of Government: The Princes most applauded in former Ages, as Constantine, Theodosius, Charlemagne, St. Lewis, etc. The chiefest praise they had was, to have made it their chief travail to protect and rule the affairs of the Church. It is a great deceit to set forth this part as a thing of less moment, and to be left out for to look to other things: Since the neglect of this to provoke the Divine Wrath, daily experience in these days showeth us, that a State cannot stand untroubled, where change of Religion cometh: And these which counsel Princes to not meddle with Church businesses, say nevertheless upon other occasions, that true Religion is the foundation of States. It were a great absurdity holding this to be true, as, it is most true, to leave the total care of it to others; under pretence that they are spiritual, where Temporal Authority will not reach; or that a Prince hath any greater employment than this. It is manifest, that as the Prince is not a Praetor, nor a Perfect▪ nor a Proveditore; So likewise he is no Priest, nor no Inquisitor: But it is also certain, that he is to oversee with keeping in awe, and causing to do their duties both the one and the other. And here lieth the deceit, that the particular care of Religion, is proper to the Officers of the Church, as the Government of Temporal things is proper to the Magistrate, and the Prince himself ought to do neither the one nor the other; but is to direct all, and to take heed that none do fail in his Office, and to amend the defects of Officers: this being the Prince his charge as well in matters of Religion, as in any other part of the Government. And as in other matters for to manage well that part which is proper unto him, he is to be informed of all occurrences: So ought he particularly to be advertised of all that happeneth in matter of Religion. The Inquisitors of Italy do particularly send word to Rome by every Post, what is done within their Office; much more ought an account be given to the Prince, whom it more concerns to know it. It were very expedient, that all things which are treated off within the State, should remain therein; as it is observed in Spain, which give account to the King only; and send advice no where else. But because that were a hard thing to obtain, let it for this time suffice, that it be known to the Prince, when it is known to others, who are not so much interested therein.   

The Exposition of the seventh Chapter.  
THe seventh Chapter was ordered by the most excellent Senate, because that the Ambassador of Rome might do that good Office, as that the charge of Inquisitors might be given to the Natives of this Dominion, because they are best instructed in the occurrences of the Customs, and conditions of the Country; and bear a greater affection to it whence it is presumed, that with greater judgement and love, they will employ themselves in that Office, which above all others requireth Charity and discretion. One cannot without wonder consider, how that all the Inquisitors within this Dominion at this present are strangers, and the Natives are not employed neither in this State, nor in other States: yet is not this Country so barren but that it brings forth men of understanding, as well as any other part of Italy: What should be the reason then, that these should be reputed all unable both for this Dominion, and for all others if one will seek for examples beyond the Hills? there is no Inquisition there, but only in Spain, where they are all Spaniards. In the State of Milan the Natives are not excluded, and others, to whom the Office is given, are not less depending from that Prince than the Milanenses themselves.  
In Tuscan, Pius the fourth attempted to give the Office of the Inquisition to the Friars of St. Dominicke, and Cosmo the great Duke would not consent, because those of that Order took part with the enemies of the house of Medici's, when they were driven out of Florence, in the year 1494. which reasons and examples show, that there ought account to be made in Rome, of those recommendations which shall be made of the Fathers, that are subjects to this State; and that their Piety towards their Prince and Religion, the Christian life of the people, and the devotion of the Fathers themselves towards their Natural Prince and Country, may not be prejudicial to them.   

The Exposition of the eight Chapter.  
THe eight Chapter that none shall be admitted to execute the charge of Inquisitor, but with the Prince his Letters is very convenient. The same directory commands, that first of all the Inquisitor should present himself before him, and should receive Letters directed to the public representants in that place where he is ordered to execute that charge; and reason alloweth that no manner of jurisdiction be exercised without public knowledge; yea, at other times Popes did send Inquisitors with Apostolic Letters directed to the Prince, wherein they entreated him to favour and protect them, and now they do the like at the institution of every new Bishop. Now the Congregation of Rome deputes Inquisitors with Patents and instructions, as if they were sent into some of their own jurisdictions, and this cannot be helped, but it is necessary to keep a foot the presenting of the Patents, it being a due acknowledgement of the Prince his Superiority, and because it will also serve for two things. The first that one may mark whether the Patents be made in the wont form, or if there be any new clause added to it, because that in case than were any prejudicial novelty, it might be withstood with fitting means: The other is, that if there were any request made, that there should be an Inquisitor who were a Native, and trusty, and that just request should not be granted, they might then by delaying the Patent, reply, and triplicate the same request with greater instance. And although some accident might happen through which the public wisdom should finally judge it fitting to assent unto the will of Rome, and receive the stranger; it might work at least so much as that the Court of Rome, for the time to come, would proceed with greater respect, and the same foreign Fathers, would refuse to accept the charge, seeing the difficulties which had happened to the others.   

The Exposition of the ninth Chapter.  
THe ninth Chapter that the assistants should assist to the judgement, although the guilty were Ecclesiastical, is a legal position and necessary to be observed. It is not credible that the Secular assistance in that Office was brought in, in regard of the Persons of the questioned, this in times past hath deceived many who were persuaded the Person of the questioned appointeth the place of judgement, misunderstanding that Maxim, Actor sequitur forum rei, which is meant of private interest, where trial is to be between two parties, which their Persons be not both subject to one judge, the judgement place shall be before him to whom the Defendant is subject: But where there is no private interest but a public respect, the Person is not looked after, but the cause: and though the Person be Secular, yet if the Cause be Ecclesiastical, the Ecclesiastical judge shall judge it: So in these days, Matrimonial Causes are esteemed to be Ecclesiastical, and therefore though the Person be Secular, yet are the Causes judged by the Bishops. So Causes that are purely Secular, as the administration of public Offices, Causes of plenty, of health; offences which trouble the public rest, do belong unto the Secular power, although the Persons be Ecclesiastical. If the offence be mixed, there is a mixed Magistrate instituted, to whom without attending the quality of the Person, belongeth to judge all matters of that kind. And because that Heresy doth corrupt true Christian Doctrine, it is an Ecclesiastical offence; and because it disturbeth the public rest, it is Secular: therefore there is a mixed judgement Seat appointed, with an Ecclesiastical judge, and a Secular Assistant: And in the practice of it, there is no respect had of the questioned Person, for then the Ecclesiastical should judge the Priests and the Friars, and the Magistrate should judge Secular men: But the Heresy of the Secular man is as much against the Catholic Doctrine, as that of a Clerk; and a Heretic Priest, or Friar troubleth the public Government as much, or peradventure more than a Secular one. And as the Secular office appointed concerning Corporal health; and if it find an Ecclesiastical person bringing in of infected goods, he doth not put over the judgement tooth Ecclesiastical judge, but burneth the goods, & packeth away the suspected person, because the public temporal good is in vestion: so the mixed office of the Inquisition doth not put over an eclesiastical Person, but judgeth it, because that the public good, both spiritual and temporal is treated of. And this is further confirmed because, that though offences committed by Regular Friars are punished by their own superiors, yet they cannot intermeddle in cases of Heresy, but go to the Inquisition without regarding that the person is a regular. It is yet made more manifest in that, that cases of Heresy, being more against Ecclesiastical Persons, than Secular ones, in the agreements made with the Apostolical Sea, especially in the year 1551. they of Rome would have made that exception, which being not made, shows that they have not held the general Rule, vid. that the Secular should meet in all cases. This ninth Chapter, besides that the justice of it requires the keeping of it, ought also for diverse other respects with all diligence be put in execution. First, because we have showed above, how necessary it is to a good government, to have the Prince know of all occurences that happen in such matters, for the great importance of maintaining Religion. But if the Assistant should not meet at judgements against Ecclesiastical Persons (and these are the most important, most dangerous, and most frequent) then the state of Religion within his Dominion should not be known, which would be most absurd. Secondly, seldom happeneth a case of Heresy in an Ecclesiastical person, but a Secular is a confederate in it, in which case one would not know what to do; for to divide the Contents of the cause it is impossible, to leave a Secular person to a judgement merely Ecclesiastical is more unfitting. There remains nothing then but to have it judged before the ordinary mixed Tribunal: and questionless if this way were once given, under diverse colours of annexed, connexed, dependent, and emergent, the Secular would be altogether excluded. Therefore according to reason, the most wise determination of the Senate named in this Chapter, aught to be observed.  
For proof of the second part, vid. that the Assistants shall be present at the framing of Processes, though the Denunciations be given in other places, we must suppose the style of that office to be approved by continual custom, and also by reason. For if a person be denounced at the Tribunal of the Inquisition, who hath his dwelling in another place, and that he be not personally under that jurisdiction, the Inquisior receives the Denunciation, examines the Witnesses, and frames the Process, as far as may be done in that place, and so framed, he sendeth it to the Inquisitor of the place, where the delinquent liveth, that the cause may be prosecuted, and he dispatched.  
It happened in the Year 1610. that Father Avaroldo, a Capuchin was denounced at Rome for a certain opinion concerning Antichrist, and from that Inquisition was the Process sent to Brescia, where the Father was. The Inquisition of Brescia proceeded in the cause without the Assistance, and answered the Governors (who hearing the event did find themselves aggrieved with it) that the Governors ought not to assist, but only in causes which were begun at the proper Tribunal, but not when the Denunciation was given at Rome. If this were admitted, it would not only be against reason, and the lawful custom, but it would also be a secret to take away quite, and with ease the Assistance. The Inquisitors to take away that bond of having Assistants, to increase their own authority, and to do the better service to the Court of Rome, would work with the Denouncers, under fair and appearing colours, that the Denunciation should not be given into that office, but at Rome, which would be easy, being content to do it either by Letter, or Petition; and in this manner, in all causes the Secular should be excluded. But the legal definition is, that as every office or Inquisition receives Denuntiations against the absent, according to their own Rites, Forms, and Customs, so the proper office frames the Process, and gives sentence according to his. It was needful to take notice of this particular, for fear lest any deceived with shows, should be carried away to a public prejudice, it being to be held for an infallible rule, that the public representant must assist to every act done in that office without any exception.   

The Exposition of the tenth Chapter.  
THe tenth Chapter, that the Representants shall assist at all the Acts of the Process, is necessary for the taking away of diverse abuses which are brought in, for in some places all the informative Process was made without any assistance; in others the whole defensive; and in others, after the denunciation received, by the Inquisitor alone, and the Governors were called to the examination of witnesses: All which ways were prejudicial, since things once done are alleged by example, and so they go on from the first to the second, and in process of time a custom is established, which afterwards hath the force of Law: But that which is of no less moment is, that it being the Assistants charge to give the Prince notice of all occurrences, and to protect the Subject, if he were oppressed by the Ecclesiastical, he can do neither the one nor the other, without he know the whole Process. The least particular altereth the whole cause, neither can a business be explained or understood, unless all the circumstances be known.   

The Exposition of the eleventh Chapter.  
IN the eleventh Chapter is said, that for the aforesaid Reasons, they ought not to leave out any act, under pretence of slightness, for there is nothing, be it never so small, that may not be the cause either of absolving or condemning. And it is added, that they must not be content, although the Inquisitor ask him leave, because that though the principal, who ought to be present at an act, may give way that it may be made without his presence. Yet he that is to be present in another man's stead cannot do so. It cannot be denied but that it would be a great deal more ease for Rulers (especially being occupied in many businesses which the government of a City brings with it) to be present at the Inquisition, or absent when they would: but no jurisdiction is maintained without labour. The Court of Rome in these affairs, because the Inquisition business should not be carelessly handled by reason of extraordinary employments, hath given it to persons that have nothing else to do, and for their lowness hold it as a great honour to exercise the place. The Prince whom it most concerns to have matters of Religion well governed, thought more decent to employ eminent Persons therein, and such as he may trust, and therefore he expecteth care out of the faithfulness of his Representants, though they be employed in other affairs.   

The Exposition of the twelfth Chapter.  
THe twelfth Chapter unfolds the manner and remedy that must be used, in case an act were made against the due form, and that is by setting businesses again into their first estate, with such pleasing remedies as shall be requisite.   

The Exposition of the thirteenth Chapter.  
THe thirteenth Chapter, which treats of Informative Processes, which are to be sent into other places, is no less to be considered of, and requires an exquisite diligence for Inquisitors, sometimes at the request, and for the interest of their superiors, make some secret Processes against the reputation of good men, examining such as they are confident of, who for the most part are evil persons, giving them out for sincere ones, and men without exception, and upon them Processes are likewise in other places secret sentences framed, to take away the reputation of them that are questioned, and sometimes to do them further wrong. In the year 1590. by reason that some subjects of St. Mark went into France to the war against the League Friar Albert da Lugo, Inquisitor of Verona, framed such a Process against the most renowned Commonwealth itself, as if it favoured Heretics, examining persons of very ill quality, and known to him to be such, yet in the end of the Process he much commended them, to make their credits good. The good Father could not send it whither he intended, but was discovered, and punished as the qualities of the times would suffer, though not so much as he deserved. In these last troubles, in the year 1606. there were many framed against Senators, and public Representants, and other persons, which truly is a great abuse in that office, which should never swerve from sincerity. And the greater the abuse is, the more ought the Representants to be wary, and not suffer any Process to be made, neither at the request nor command of any in their absence: and when they discover any attempt, to show themselves touched by it in such sort, as it may be a bar to any such actions, and also give good heed to all the Inquisitors proceedings, to discover and hinder them.   

The Exposition of the foureteenth Chapter.  
THe foureteenth Chapter to labour that in every Process should be noted the Assistance, hath no difficulty in it, because, as it is said before, the Bishop of Ravello the Apostolical Nuntio, in the year 1551. did write it to all the offices of Inquisition in the State.   

The Exposition of the fifteenth Chapter.  
THe fifteenth Chapter, that in the Process there shall be no Decrees inserted by any foreign authority ought to be exquisitely observed: For most part of the Inquisitions out of this State are reduced to such a form of proceeding, that the Inquisitors do every foot write to Rome, and from thence receive orders what they shall do, so that at last it is as good as if the Process were framed at Rome; and so they free themselves of the bond imposed upon them by the Canon Law to consult of their affairs. In this State they have not yet attempted this frequent and subtle abuse, but only in some particular case, to favour, or disfavour some one. It may be thought they write to Rome for Justice, or for some good intent, whence they receive orders of what they will have done; and the Inquisitors to curry favour with a ready obedience, put it to execution: and they themselves will sometimes, to avoid some contradictions of the Bishop's Vicar, or some Councillors, procure Letters from Rome, and by that means overcome the oppositions. This produceth two evil effects, the one that it taketh away the authority of that Tribunal, making it subject to him to whom by reason it ought not to be. The other, that he who is questioned is at more trouble, and more cost in defending himself. The most excellent Senate hath always endeavoured that the authority of their Inquisition office should not be diminished, being as requisite for a good government as any other public ordinance. In Rome the Inquisition was not above that of other places, but applied itself only to that City, as others did in their Cities. The Pope indeed was superintendent and overseer of them all, maintaining nevertheless the agreements, immunities, and lawful customs of every one, and so it continued until Paul the third, who did institute a Congregation of Cardinals in Rome, giving them the Title of Inquisitors General, who nevertheless do not command the Inquisition of Spain, which by agreement was first instituted: So likewise they ought not to take away the authority of this State's Inquisition: also instituted by agreement some hundred years since. Which thing I have considered for to conclude, that it is not reasonable that Inquisition should take that which belongeth unto this. And in effect if the Romish Inquisition should meddle with those causes which are handled within this state, as it doth in other places, it would be as much as to reduce them all to Rome. And to speak in plain and restrained terms, as by Law every act which the Inquisitors make, without the Assistance, are void, so those Acts cannot be of force which are made out of the State, being made without the presence of the Assistants.  
And if those Cardinals should be sent by the Pope as Inquisitors into this State, they would not be suffered to do any thing without the Magistrates presence, and that which were so done, would be void, much less should they have leave to do it at Rome. That hindereth not, but if that Congregation, as consisting of principal Cardinals, should write any thing: But that those Letters should be received by the Inquisitors with all due reverence, executing also that which they desire, so there were not some powerful reason to the contrary, but always it should be done observing the Style of the Office, that is, framing the Decree in the name of the proper Judges with the Assistance, not mentioning in the Process that it was done by order from else where. And if that particular Writing from Rome were not agreeeable to the customs of the Country, and the particular circumstances which ought to be looked upon, and should seem so to the judges, and other Consulters, it will not be incongruous to reply to Rome. The Assistants notwithstanding ought not to meddle with this, neither are they to know whether any Order come or no from Rome, whether that which is required from Rome, be put, or not put in execution, but only to assist to what the Inquisitors do, not using any other name but that of their own office.   

The Exposition of the sixteenth Chapter.  
THis sixteenth Chapter, in that part which toucheth the not sending Prisoners out of the State, is clearer than the light; since Prisoners are transmitted out of one place into another either for Execution, when both places are within one Prince his Dominions, or from Prince to Prince by agreement between them, or for gratification; and in all these cases the Transmission is made only, because offenders should be punished in the place where the offence is committed. But in case of Heresy, the Doctors say that the punishment cannot with reason be required in any particular place, as well because the Heretic sinneth against God who is every where, and also because that wheresoever he goeth holding his perverseness, in all those places he sinneth; wherefore in what place so ever he is punished, he shall be said to be punished in the place where he offended. On this reason is grounded the common opinion, that those who are guilty of Heresy, are not to be transmitted: and indeed, the custom is every where to punish Heretics where they are restrained, and not to send them from one Inquisitor to another. Only the Court of Rome, for her own interests, easily, and often doth call unto itself the causes, and causeth the Prisoners to come to Rome, though the offence have not been committed in that City.  
The most renowned Commonwealth, as it hath not consented to the drawing away of Causes, so hath it not granted the transmitting of Prisoners; but hath determined that they should be judged where they are imprisoned: it being certain that in doing otherwise, they should utterly take away all the Authority of the Inquisition-office in their Dominion, within which there being Bishops, who in goodness and worth are inferior to no other, and Inquisitors deputed by the Court of Rome itself, and the Cities abounding with learned men, who may be received for consulters, there is no reason but that any case may be as well examined and decided there, as in any other City whatsoever. If it were to do God greater service, that Prisoners should be sent to Rome, it were fit that, throwing all other respects to the ground, this only only should be aimed at: but to show that it is not so, I will only bring one example which happened heretofore, in the year 1596. at the instance of the Inquisitor of Rome.  
There was imprisoned in Milan one Ludovico Petrucci, a Senese, and the Inquisitor of Rome, being according to the custom of the Inquisition, to send those Evidences which he had against him to Milan, he required the contrary, vid. that the Prisoner should be sent thither, and to that effect used many persuasions to the Ambassador which was in Rome, and caused many to be used by the Nuntio in Venice. The most excellent Senate answered diverse times to this effect, that it was not convenient to alter the excellent Institution of this Dominion, which was to dispatch questioned Prisoners, where they were restrained: that on the other side, for the Inquisitor to send to Milan, what was found against the Prisoner, that so he might receive due punishment was a thing just, usual, and without any opposition. Many were the replies and the answers always to one effect, and these dealings lasted five whole years, Petruccio remaining still in Prison, At last, when they perceived at Rome that they could not obtain him, in the year 1601. they writ to Milan, that the said Petruccio should without any more a do be set at liberty, which was accordingly, leaving a great doubt in men's minds what offence that might be, which was rather to be left unpunished, than made known to the Inquisition of Milan.  
To this Accident which happened, I will add what the Directory of the Inquisitors speaks of the causes of the Inquisition, which are handled in that Court: of which speaking, after it had related diverse inconveniences, it concludes: In this Court Causes are handled with much tediousness, many miseries, labours, and expenses, insomuch that those which are questioned, care not for coming to the Court, to treat of their Causes, if they do not rrust to a full purse, or to great favours. These are the words of the Directory; it is credible that Justice is administered with greater sincerity now than it was in those days: but there withal it is to be held for a certain, that there is no less goodness and sufficiency within this State, and that Causes may as justly and as rightly be handled here, as in any other place, so that it is not needful to let them be judged else where, who are imprisoned within this Dominion.  
The other part, to not send Processes else where, is grounded upon that which is said before in this Chapter, and in the precedent for if the prisoners ought to be judged within the State, and the judgement ought to be made by the same Tribunal, and not received from any other place, there remains no cause wherefore Processes should be sent forth. True it is that one ought to distinguish between Processes framed against those that are restrained here, or against those that are cited, and those that are contumacious, for these are they which are not to be revealed else where: but examinations or other acts made at the request of another Inquisition against any one that is restrained there, or hath committed any contempt against it, as acts not belonging to this Dominion ought to be sent to whosoever requires them But: yet the Assistants ought not by any means to suffer any such acts to be made without their presence, as it hath been said in the thirteenth Chapter; and because that the Inquisition should do all as it doth, as a mixed Office, and not as merely Ecclesiastical.   

The Exposition of the seventeenth Chapter.  
THe seventeenth Chapter that the Praetoricall Deputy, nor any, other Person assisting in the Governor's place shall not be a Consulter, ariseth from what is said before, because it may often chance, that the Governors busied may send some other of the Court, who if he should do the Office of a Counsellor, should in the Process be set down for such a one, and by consequent as a Minister of the Office, a thing which doth not befit an Assistant, and would bring in a Custom, through which Assistance which is a Superior thing, would be turned into Counsel which is an inferior thing.   

The Exposition of the eighteenth Chapter.  
THe eighteen Chapter that restraint shall not be granted, but only in cases merely concerning the Inquisition Office, and in a Process framed with Assistance, and that in a doubt full case account be given to the Prince wanteth no proof; since that the same Canon Law hath ordained, that the Inquisition should not assume any cases but of manifest Heresy: yea, the Law being, that any judge may have power to declare, whether a doubtful case do belong or not belong to his jurisdiction, the Doctors say that the Inquisition cannot do it, but only assume those which are clear, and to leave the doubtful ones for the ordinary Judge, to determine whether they belong to them or no. But as this Chapter hath no need of proof or declaration, so hath it need of careful observance. It is a thing frequent, yea and ordinary, that a Judge whose jurisdiction is limited, seeketh as much as he can to enlarge it, disabling the general jurisdiction, as well Civil as Ecclesiastical. And this cometh as well through the natural inclination which all men have as near as they can for to command, as also for the profit which the Office receiveth: Wherefore if the Inquisitors do extend themselves beyond their natural duty, they are most to blame that do suffer it, though sometimes with a good intent, yet never with wisdom. Some believe that the more they suffer that jurisdiction to enlarge itself, the greater Service they do to God, and believe it is a favouring of Religion: Others with a good zeal have suffered the Inquisition to assume unto itself, blasphemies and Enchantments, and some others usury also, hoping that through the credit and severity of that Office, they would be the easier rooted out. But the event hath shown, and will ever show the contrary; yea, the Service of God is diminished, offences take deeper root, and the Office loseth its reputation. And if at any time the leaving of the Inquisition, a cause which did not belong unto it hath proved well for the present, it hath afterwards caused so many and so grievous evils, that the Secular Magistrate hath been forced through mere necessity, to reassume the Cognisance of those offences, which with small discretion he had left to the Inquisition, not without many controversies, and contentions of jurisdictions between that Office and the proper ordinary, accompanied with many confusions. We must not think that the restraining of the Inquisition Office within the due bounds, the not suffering of it to assume any Cases, but those which manifestly belong unto it, and to proceed with the presence of them who ought to be there, and other like modifications, to be a diminishing, or an abusing of it: but chose this is a way to extol it, to make it the more to be respected, and to preserve it perpetually. In those Countries where heretofore it was, and now at this present it is driven out: it hath been for no other cause, but only because they have assumed so much to themselves, that it was intolerable to the people. Every one doth willingly endure a reasonable bond, but from an excessive one, every one will seek by all means though indirect, to free themselves. The ancient History of the Gordian Knot, which, because it could not be untied, was cut to pieces, is to be applied to all humane ties and bonds, which if they be of such a sort, that those which are unjustly bound, may free themselves by ordinary way of justice, than they are suffered, but if there be no ordinary means, than they run to extraordinary ones, as seditions, and other plagues: Wherefore it is verily to be believed that it is doing of God good service, for to restrain that Office within the due bounds, which is so necessary for the preserving of Religion, and that to grant it exorbitant Authority, thinking it to be a favouring of Religion, is an undiscreet zeal, prove to end in the dishonour of God; damage of Religion, and public confusion. And in this most happy estate, with much service to God, it hath been preserved through the orders which the renowned Commonwealth hath made from time to time, to withstand the abuses which were creeping in, by enlarging the Authority more than it ought to be. And as long as the same orders shall be kept, and remedies found for other abuses which should daily grow, it will ever be preserved with the same fruits.   

The Exposition of the nineteenth Chapter.  
THe nineteenth Chapter that Enchanters, and Sooth sayers do not belong to the Inquisition, is without any difficulty, for the same Canon Laws do forbid the Inquisitors to meddle with them, unless they do contain manifest Heresy. And it is the more needful to perform this, because that those who are accused for such offences are women, or other weak brained Persons, who had more need to be taught or instructed by the Confessor, than to be punished by a judge, and especially if they be persons of quality, whom it is not fitting to carry before Tribunals; with scandal and disturbance of the family. The same care is to be had, that they meddle not with Witchcrafts, as is said in the twentieth Chapter, which Chapter needeth no Exposition.   

The Exposition of the one and twenty Chapter.  
THe Inquisition ought not to judge of ordinary Blasphemies, since both the Canon and Civil Laws, and the custom of all the world have decided that they do not belong to the Inquisition; neither doth any one doubt of it, seeing the plainness of the Laws: as for the hurtful witches, the most excellent greater Counsel ordered that they should be punished by the Magistrate; for Ecclesiastical punishments, are not sufficient chastisements for so great a wickedness. The same reason did move the most excellent Senate to determine the same in cases of heretical blasphemy in the year 1595. which deliberation was very mature, & after advice taken of the Consulters of that Age: which two determinations do not take away nor hinder the Cognisance of the Inquisition, for the quality of suspicion of Heresy; but leaving that circumstance to the judgement of that Tribunal, they only punish that offence which would otherwise remain unpunished; the Ecclesiastical jurisdiction having no punishment answerable to it. Which thing is no let to the Office of Heresy, but a chastisement for the injury done to God, and the damage done to the neighbour. Some Inquisitors would have not only the punishing of Heresy, but also the misdeed; and the blasphemy to be left unto their judging, and they give two reasons for it: The one is, that when in the offence there is the principal and the accessary, the principal draweth the other unto it: but in heretical blasphemies, suspicion of Heresy being the principal, and belonging to the Inquisition, the blasphemy also aught to belong unto it which is but the accessary. The other is because it seemeth too cruel to them, to have one offence punished with two sentences; and do allege the common saying, that there are not two judgements allowed, against the same fault; but these oppositions are easily answered. The first, because that suppose the suspicion of Heresy were the principal (which thing St. Thomas doth not allow) yet nevertheless it is not necessary, that it should draw the blasphemy along with it, since they are not so connexed together that they may not be severed, and that one may not have judicial knowledge of the one, without knowledge of the other. but the Secular may very well admit the Persons, and examine him that is accused concerning the injurious words uttered against the Divine Majesty, without going any further to examine what is his belief, and what he beareth in his mind. Therefore there is no such connexion between the blasphemy, and the enquiring of the Heresy, but that they may be separated, and each judged in the right and competent Court. The like is to be said when holy and Divine words are had in derision, as in transformed Psalms, in which the Secular takes notice, only of the injury done to God, leaving it to the Inquisition, to seek whether it may thereby be supposed that the offender hath a perverse belief. And in the offences done against holy Images with wounds and other strokes, it is a great deal plainer, seeing that the Magistrate punisheth, nothing but that external act, whereby Christ hath been injuried in his Image, leaving it to the Inquisition to search, whether the offender have sinned because he believeth some false Doctrine, or only through wilful malice. And to this purpose it is good to consider, that Heretical blasphemy is not the same as a sincere or cruel blasphemy; most cruel is that which is most grievous and most abusive. Most Heretical that whence groweth the greatest suspicion of Heresy, though in himself not so great. The Inquisition regardeth the greatest suspicion, which carrieth with it the greatest signification of there being an error in the mind, though in itself it were not so abusive, and for this cause sometimes will make more matter of words spoken against Saints, than against the divine Majesty. The greatest punishment the Inquisition inflicts upon a blasphemer, is Abjuration, which punishment, if it be on a person of low degree, may be said to be no punishment at all. And therefore because offences of such importance should not pass unpunished with scandal and evil example, the public determination that the Magistrate should punish the blasphemy, and leave to the Inquisition the matters of Heresy, is both just and necessary: But that which seemeth absurd to some, vid. that two Judgements should be made in one cause is not inconvenient, when the punishments which are inflicted are not of the same kind, and the end of the wrongs is different; the same Cause may be judged as civil, and afterwards as criminal. The end of a civil Judgement, is to give every own his own; the end of the criminal, is to punish the Usurper. So in cases of Blasphemy, the end of the Inquisition is, if the blasphemer have a false belief to teach him the true, and absolve him from the censures he hath incurred by holding of the false. The end of the Magistrate is no other but to punish the injury done to the divine Majesty. The punishments which the Inquisition imposeth, are spiritual, as Abjurations, Absolutions, or Advisements: The punishment which the Magistrate inflicts are corporal, yea, it may be said moreover that they do not make two judgements in one Cause, but in two several Causes, the Magistrate judging the offence of Blasphemy, and punishing it with corporal punishment, whereas the Inquisition foregoing the offence, judgeth of the quality of the suspicion, and punisheth it with spiritual punishment.   

The Exposition of the two and twentieth Chapter.  
THe two and twentieth Chapter mentioneth, that some Inquisitors to extend their jurisdiction, pretended that the offence of having two Wives did belong to their Office, who do allege for reason, that it is an abuse of Matrimony, which is a Sacrament; and that in Spain the case is reserved to the Office of the Inquisition. Contrary is the common Opinion of Civilians, who seeing the the Laws have imposed no punishment on this offence, and the Canon Laws do not speak of it, they conclude by necessary consequence, that it belongeth to the Secular jurisdiction: and this is observed in all Tribunals, also in the state of Milan, where the Inquisition hath more extended her Authority, than in any other place of Italy; the reason brought to the contrary, that it is an abuse of the Sacrament of Matrimony, concluded nothing: for the first Wife taken in true matrimony hath the Sacrament annexed to it, and in this there happeneth no abuse at all. Then in taking of the second, there is no Sacrament, nor Matrimony, nor any manner of Spiritual contract, but a mere nullity done de facto, non de jure; so that there cannot be said to be any abuse of the Sacrament neither in the first, nor in the second act. Well may it be said, that by the second wicked act of taking another Wife, there is an injury done to the first which was a Sacrament, and this is most true, but the injury done to the Sacrament of Matrimony doth not belong to the Inquisition: for adultery is an injury done to the Sacrament, and yet it doth not belong to the Inquisition to judge of it. And if any one would make having of two Wives, a token of Heresy, inferring that he that doth it believes it to be lawful; with this reason he might draw all cases to the Inquisition, for it may as well be said that the adulterer, or the thief do commit those wickednesses, believing that they are lawful things; and amongst the rest we should put into the Inquisition, all Gipsies, who get their life by stealing, and much more your highway robbers. But chose we must always suppose, that every sinner hath a true belief, and Catholic Doctrine, but doth sin either through frailty, or through malice, or through humane compassion, and so ought to be punished by his ordinary judge: which ought also to be observed in him that hath two Wives, if there appear no other token of a perverse belief. And it is not true that in Spain the case is absolutely reserved to the Inquisition, yea it is ordinarily punished by the Secular, by branding in the forehead with a hot Iron. But because the jews and Moors hold plurality of Wives to be lawful, those who are of jewish or Moorish race are examined at the Inquisition, for the suspicion of Heresy, and punished with branding for the offence. If a Turk, or jew become a Christian, be found to have two Wives, he may be tried in the Inquisition for his suspected belief; and for the offence in the ordinary Court of justice. But when either for carnality, or to steal the portion, or for any such ends any one hath taken a second Wife, they ought without any circumstance to proceed, doing justice in the ordinary Secular Court, punishing the offence as the quality of the particular circumstances shall require, preferring the common opinion of Lawyers, and the Universal custom of Courts, to cavils only invented to confound jurisdictions.   

The Exposition of the three and twentieth Chapter.  
IN cases of usury as it is said in this Chapter, it is questionless that the Inquisition ought not to meddle in them: So have many Popes of Rome answered Inquisitors, who have purposed to draw cases, and questions of Usury unto their Office, and the Decree is also Registered in the Canon Law, where to exclude absolutely all cases of usury out of the Inquisition, and to provide that by no indirect way, nor under any good colour it might be attempted to judge of any, the Pope saith: That though the Inquisition had enjoined some converted Heretic such penance, as if he had been an Usurer he should make restitution; yet for all that, not so much as against him can they meddle in such cases. It is behooveful both for God's Service, and the reputation of the Inquisition Office, with all diligence to keep many causes from them: So this Chapter being clear▪ we need not say any more of it.   

The Exposition of the four and twenty Chapter.  
IN this Chapter is set down, that jews nor other Infidels shall for no cause be subject to the Inquisition Office, but only to the Secular Court. It was said by the Apostle St. Paul plainly, that the Ecclesiastical Power doth not extend to judge those that are not of the Church. And so much hath been held and observed also in these latter times. Pope Innocent the third, declared that they were not subject to the Pope, neither to the Law, nor yet to be judged; since that by virtue of the Law the judge doth exercise his Office. Besides, the Infidels of what kind soever they be, are not capable of Spiritual punishments, and therefore are not subject to the Church which punisheth with such. In the Body of the Civil Law there be prohibitions, and punishments against jews which blaspheme, or injury Religion, or draw Christians to judaism; or to offend jews which are become Christians: And the Popes of Rome themselves, have not used any other remedy against jews and other Infidels, who have offended in wronging or slandering Religion, but only to excite Princes, and Secular Magistrates to do their duty in punishing them: To this purpose there be many Decrees in the Canon Law: Some Princes to discharge themselves of the trouble of judging such causes, have delegated them to the Bishops, which hath not pleased the Pope's very well.  
The King of Sicily, having delegated power to some Bishops of his Kingdom to punish the Saracens of his Kingdom, in certain: cases where they offend Religion. Pope Alexander the third did write to them that they should only punish such offences, for which was sufficient a pecuniary Mulct, or whipping, without bloodshed: But if the offence did deserve any greater punishment, they should not meddle with it, but should leave the judging of it to the temporal Power. This authority established by the saying of St. Paul, confirmed by the Canon and Civil Laws, and by Customs, none should attempt to contrary it. But the desire of enlarging authority, doth so blind some men, that without regarding so much plainness, they turn themselves to cavils of no moment, saying, That if God doth punish, and hath punished Infidels, the Pope, and the Inquisitors his Delegates, may and ought also punish them. A reason which would prove that they might punish both Christians and Infidels, and all manner of offenders, for all manner of offences, though never so concealed, and also sins only conceived in the mind: for God doth punish all these. The truth is, that Christ hath not given his Vicars any power but only over his Church, and in spiritual things, and therefore they can judge none but Christians, nor punish them but only with spiritual punishments. The temporal punishments God hath committed to the Secular power, for punishing all manner of offences, and against all offenders be they of what Religion they will: And certainly to make an argument from the Divine Omnipotency to humane authority, it agreeth not with the reverence due to the Divine Majesty: But another thing must be considered, for they say, that although Infidels be not subject to Ecclesiastical power; yet when they do offend the Church, reason will, that she may defend herself by punishing them, it being a term of Law, That he who is not subject to a Territory, by reason of an offence committed in it, becomes subject to it, which things well understood are all most true, yet do they not conclude in this purpose: For the Church must not be denied the defence of herself, if she be offended, but she ought to do it with all offenders by means of the Magistrate. The Infidel who violates holy things, and offends Religion must not remain unpunished, and the Church may defend itself, but not with its own forces, but with the authority of the Magistrate: to inflict punishment doth not belong to him that is offended, but always to the judge, and when by an offence the Delinquent should have his Court of judgement allotted him, he becometh not subject to him that is offended; otherwise every private man might chastise him that doth offend him, but he becometh subject to the judge of the place where the offence is committed. Wherefore these reasons prove nothing but that the offence done by the Infidels to the Church, aught to be punished by the ordinary Secular Court of judgement: and so much the rather ought this to be observed, because both Divine and Humane Laws do order it so, when such sorts of offences deserve greater punishments, as indeed such offences, for the most part are so grievous that they will deserve greater punishment than the Inquisition would inflict upon them.  
In the year 1581. Pope Gregory the thirteenth, framed a Bull against Jews, in which he did subject both them and all other Infidels to the Inquisition in ten cases so fully set down, that if it should be observed no Infidel might inhabit nor trade within Christian Dominion. This Bull although it were imprinted, yet was it published or received but in very few places, and it were impossible to observe it. Yea, Pope Sixto the fifth, and Clement the eight not regarding it, did give Infidels safe conducts to come to the City of Ancona. And that which is most important is, that in the Commission granted by the Cardinals to the Inquisitors, wherein is expressed how far their authority extendeth; there is not the least mention made of jews or other Infidels; a manifest proof that they can pretend no power over them. But of that Bull of Gregory the thirteenth, and other, it will be a more fitting place to speak at large in the 28. Chapter: To conclude therefore the Inquisition Office is ordained against Heresy: wherefore it is not fitting it should be enlarged to other offences; Infidelity is no Heresy, and the offences which Infidels commit to the wrong and dishonour of Religion, have no need of Ecclesiastical Cognisance, but may very well be taken notice of, and punished by the Secular power, and it ought to be observed, it being commanded by the Divine, Canon, and Civil Law.   

The Exposition of the twenty fifth Chapter.  
THe Office of the Inquisition out of this State pretends, that it may judge your Eastern Christians upon any Articles, even in those wherein the Nation wholly dissents from the Court of Rome. In this most renowned Dominion, regarding the protection which the Prince hath of the Greek Nation, the Inquisitors do not extend their pretences so far, but say: That the Grecians may be suffered in those three opinions, wherein they descent from the Eastern: but if any of them do hold any sinister opinion, in any of those heads wherein their Nation agreeth with ours, that they ought to be subject to the Inquisition. Which distinction is superfluous, and not less opposite to the Prince's protection, then if they were judged in the three different cases, also it is superfluous, because that there being no Heresies at all at this present amongst the greeks, concerning any of the common Articles, this case cannot happen against the protection, because that they are bound by their customs to acknowledge no superior in any thing, but only their own Priests: which thing whether it may justly be maintained, or no, may very well be decided by the customs which have ever been observed.  
The Eastern and Western Churches continued both in communion and Christian Charity, for the space of nine hundred years or more, in which times the Pope of Rome was reverenced, and esteemed no less by the greeks than by the Latins. He was acknowledged for St. Peter's Successor, and chief of all the Eastern Catholic Bishops. In the persecutions of Heretics they implored his aid, and of other Bishops of Italy, and this peace was easily kept, because the supreme power was in the Canons, to which both parts acknowledged themselves subject, Ecclesiastical Discipline was severely maintained in each Country by the Prelates of it, not arbitrarily, but absolutely, according Order, and Canonical rigour, none putting his hand into another man's Government, but advised one another by the observance of the Canons. In those days never any Pope of Rome did pretend to confer any Benefices in other Bishop's Dioceses; neither was the Custom yet brought in of getting money out of others by way of Dispensations or Bulls. But as soon as the Court of Rome began to pretend that it was not subject to Canons, but it was according to her own discretion, she might after any ancient Order of the Fathers, Counsels, yea, and of the Apostles themselves, and that it attempted, in stead of the ancient Primary of the Apostolical Sea, to bring in an absolute Dominion, not ruled by any Law or Canon, than the Division grew.  
And though within these seven hundred years a peace and reunion hath been often attempted, yet could it never be brought to pass, because they have always harkened to debates and disputes, and not to the taking away of that abuse which was the real cause of bringing in the Division, and hath been the true cause as yet of maintaining it. Whilst the Churches were united, St. Paul's Doctrine was also jointly held and observed, that in cases of public Government, every one should be subject to the Prince, because God commands it so, who is disobeyed by him who doth not obey Secular Power, by him appointed for the governing of mankind. Never did any pretend that he might not be punished for his offences, holding it for certain, that to have an exempted power to do evil, is a thing condemned by God and men: Saint Paul his words were in every one's mouth, vid. Wilt thou be exempt from fear of Temporal punishments, do well, and thou shalt not only not be punished, but shalt also be applauded by it. But if thou dost evil, thou oughtest to fear it, because the Sword of justice for the Divine service to punish evil deeds hath not been given to it in vain. After the Division of the Churches in the Eastern Church, the same opinion remained, and still remaineth, vid. that every Christian for Spiritual businesses is only subject to Ecclesiastical power, but in Temporal to the Prince. And nothing is more Temporal than offence, because nothing is more contrary to the Spirit.  
There continueth also amongst the greeks, that Doctrine, that Bishops ought to judge; which opinion is Catholical, and which heretical, but to punish those who hold hurtful opinions, belongeth to the Secular. Now the truth being thus in the things aforesaid, which are manifest and clear; the Inquisition ought not to meddle with the greeks for four reasons: First, because that whilst a cause remains undecided, it is not reasonable that the one party should be judged by the other in their own controversy: But this is the controversy between the greeks and the Court of Rome, that they require the observation of the Canons, which subject each Nation to their proper Prelates; and the Court of Rome pretends to be above the Canons: Therefore the greeks ought not to be judged by the Romish Officers in this controversy▪ The second is, because that it is certain that before the division, the Grecians were in Temporal judgements subject to the Secular Magistrate, and in Spiritual to their superiors; Therefore it is just to have their right and custom maintained to them. The third, is because if the Prince should grant the Inquisition power to judge the greeks, he should deprive himself of his proper Authority, which he may withquietnes exercise, & not without trouble give way to have it exercised by others. The power of punishing offences in the Greekish Church, hath always been in the Prince; and the greeks in these days do confess it, and desire it may so continue: So that with quietness justice may be administered by the Magistrate, whereas the leaving of it to the Inquisition, with contradiction of the whole Nation, might bring in a thousand inconveniences. The fourth, because the most renowned Commonwealth gives the greeks leave, to live according to their customs; but their custom is, that in Secular things, and in the punishing of any manner of offence they shall be subject to the Prince, and in spiritual things they shall obey their Priests: therefore maintaining the protection which is promised them, they cannot be subject to others. Therefore it is not be suffered, that the Inquisition should search out what the greeks do, or believe in secret: And if they chance to hear that any, lives or speaks scandalously of the Latins, then have they a ready and easy way to help it, by giving the Magistrate notice of it, by whom justice shall be administered, and especially in a matter of such importance, as to provide against scandals and tumults.   

The Exposition of the six and twentieth Chapter.  
THe six and twentieth Chapter, that no man be publicly cited who is gone beyond the mountains, upon the imputation of any offence committed in those Countries, seemeth at first sight to be a thing which cannot happen, and happening to be of very small moment: yet if that way were once given, it would be very frequent and of great importance. Pope Clement the eight, in the year 1595. made a Bull concerning Italians only, commanding that none, no not for matters of Merchandise should go into a place where there were not a Parish Priest, and a public Church which exercised the Romish Rites, unless he had leave from the Inquisitors; adding that those who had leave, should be bound to send every year a certificate over, that they were confessed, and had communicated. To bring in the observance of this Bull, as soon as any Italian comes beyond the mountains, presently the jesuits come upon him for coming over without Licence; and if he doth not yield unto them, and promise them obedience, they presently examine some adherent of his against him, and frame a secret Process against him, which they send to Rome, from which there is a process writ to Rome, to the Inquisitor of the place where he was bred up, to call him by public Citation. This Citation in former times, was wont to be made from the Inquisition of Rome, but now they are beware of doing so, because the Cities beyond the Hills do revenge themselves, by proceeding against some adherents of the Court of Rome, and to avoid this danger, they cite no more to Rome, but have him cited to the place of his bringing up. This invention though it be coloured with Religion, aimeth at the making of the Court of Rome Mistress in Italy, of Merchandises which come from beyond the Mountains; as three hundred years ago it brought under it, with a less pretence, the Merchandises of the East. It will not be from the purpose to relate here what was then done, and what was the event of it; especially within this City, that we may the better sink into that which is now done. It was ordered and commanded by the Governors, that Infidels should be forbidden to carry Arms, or any other instrument where with they might make War with Christians; the Derree as honest was received by all men: This ready obedience of the World, gave Pope Clement the fifth, hope of stepping yet one step further: wherefore in the year of our Lord 1307. he published a Bull, and commanded that none might carry any Merchandise of any kind into the the Eastern Countries, nor that there should any be suffered to go out of the Harbours for such a voyage, upon pain of excommunication, and other grievous penalties, as well spiritual as temporal: and amongst other that none hath carried, or suffered any to be carried of what kind soever, might be absolved unless he first precisely paid so much as the principal which was transported amounted unto. The difficulty, if not impossibility of observing so strict an order, was a cause that there were many offenders in Venice, who during their life did little think of it: but at the point of death to receive their absolution, they left (according to the Pope's command) order to have the offence satisfied: Neither wanted there Confessors to urge it instantly, denying also absolution to such as did not pay, or give order to be paid, so much as the principal of that which he had carried into the East came unto. Many who have been that voyage several times, found themselves to owe more than they were worth at their hour of death: Wherefore for the discharge of their Consciences, they would by Will leave all they had to the Pope's disposing. The Heirs, and the Commissaries did defer the executing of the Wills, seeing they tended to the destruction of Families, and of the Commonwealth, especially there being some who held such Wills to be void and extinguished. By this means in fifteen years the money due to the Pope, came to a sum sufficient to have emptied the City of money: to which Pope john the two and twentieth, who was his successor applying his mind, and gathering the money on all sides, in the year 1322. sent Ardenato Largo, and Falcone Castario Nuntioes to Venice, to receive that which by Will was left to the Pope's disposal, constraining notaries and others to produce the Wills, excommunicating them which did not deliver them. Besides he gave these Nuntios Commission also to see to, and to excommunicate all those which were alive, that had sailed thither, & to absolve them, paying the principal of the Merchandise which was carried thither. These Nuntios being come to Venice & having erected a judgement Seat, committed diverse disorders, amongst the which one was, that they Excommunicated St. Mark his Proctors, and above two hundred other Persons, men and women for the aforesaid cause. Those who were then consultors of the Commonwealth, amongst which was one Andrea, Bishop of Chiozza, did advise that these Nuntios actions were not Lawful, & resolved to withstand them with apeales, & other remedies which were put in practice, to that these Nuntios attempts did take no effect. Only as it happeneth in such cases many inconveniences remained, which continuing with great danger for the space of two years, the Pope was forced to apply a remedy, which was worse than the sore. He made a Bull in the year 1324. confessing that his Nuntios actions had been disorderly, suspended the censures by them pronounced, and gave the Arch Bishop of Ravenna Commission to execute it; commanding him afterwards, that he should set down a convenient time for men and women who had been censured by the Nuntios, to appear for that cause at the Court of Rome, which was then at Avignon, either in Person, or by their Proctors to treat of their business, excepting none but only the Duke and the Commonalty. It was a brave increase for the Court of Rome, to have some 200. Persons or more to come thither at once, for money matters of so great weight. But what happened, and whither the Pope were obeyed by few or many, I cannot justify: But it is certain that then there did arise an opinion which said, that it was no sin to carry Merchandises to Infidels, so they were not things for the use of War, and therefore that the Pope could not hinder it: which moved him in the year 1326. to make a Bull, declaring them to be Heretics which said that it was no sin to carry Merchandise to the Infidels, although they were not useful for War. But then the controversies which the Pope had with the Emperor, broke out into an open War, so that he being (as Ludovico Bavaro writes) all the rest of his life employed in greater affairs, had no time to think on this. Under his successor there was some moderation found, because he set his hand, not to the revoking of the Decree as it had been just, but to grant Licences. And this renowned Commonwealth asked for them, and obtained them; sometimes for a year, and sometimes for a longer time, but prefixed; and sometimes restraining the number of ships, sometimes leaving it free: And these Licences cost money, but how much it was not always known. Yet will I speak in this particular, that for one Licence granted by Pope Innocent the sixth, in the year 1361. they agreed to pay nine thousand Ducats of gold of the Chamber, alleging that it could not be done for less; because that the Apostolical Chamber was exhausted, and in want. This grievance lasted until a little after the year 1400. for then the truth being made manifest to the World, that it was free and Lawful for the Merchant to do it, the Court withdrew itself from her pretences.  
Now to attempt that none should go without a Licence, into any Lands, which do not acknowledge the Pope, hath a more seeming colour than at that time; saying, that it is done for fear lest they should be imbrued with some false Doctrine: as though a written and sealed paper could be a preservative unto them, and as though he might not chance to escape untouched which went without a Licence, and that it were impossible for him that had it to be infected: Whence it is evidently seen, that forbidding them to go into those Countries without leave, is not zeal to Religion, but a desire of commanding, and to bring the Secular Power under, and to reap some good benefit. If the just liberty of Merchandizing ought not to bear this burden, it neither aught to be suffered, that one who hath here lived as a good Catholic, and is gone beyond the Mountains, because he hath not asked the Inquisitor leave, should be molested and hindered in his businesses, for any imputation laid upon him from Rome, to the disgrace of his friends, who are blemished thereby: especially since they refuse to have this citation made at Rome, fearing the revenge of those Cities beyond the Mountains, which shall hold themselves offended thereby: it is not reasonable that they should thus conceal themselves, & lay on other men's backs, that which is done for their own proper ends, and so by these indirect ways, make themselves masters of the Merchandise which cometh from beyond the Hills. And therefore, if any Native of this Dominion, have lived as a good Catholic in this Country, and for his own occasions have passed the mountains, it were unjust to trouble him any way before his return, upon any relation that shall be made of him.   

The Exposition of the seven and twentieth Chapter,  
COncerning the 27. Chapter, that confiscation of Goods shall not be admitted in this matter of Heresy, it being already brought in, and the custom established without any contradiction, there needeth nothing but only to continue the observing of it; since it is much for God, and Religious service, whereof when one treatethit is always hurtful to intermix any money matter with it; because that thereby the World is scandalised, and seeing money happens into the business, it cannot be persuaded (though it were plain and true) that the Service of God holdeth the first place therein. The Court of Rome will never cease upon all occasions to blame this order, believing that this moderation established by the most renowned Commonwealth, doth to upbraid the Roman Ordinance with too much severity. That which it will publicly allege is, that Heresy is an offenee of treason against the Divine Majesty, which ought more to be punished than that against man; wherefore it is a perverting of order, when greater punishment is inflicted on him who offendeth man, than on him who offendeth God: and therefore if they confiscate goods for humane treason, much more ought they to confiscate them for Divine treason, which offence they they run into by Heresy. But this appearance is but a shadow without a body, for it would condemn their own constitutions, which do pardon the Delict of Heresy for the first time, but the Delict of humane Majesty offended, is not pardoned for the first time: so that it would seem that less account were made of offending God than men. Wherefore the truth is, that in imposing of punishments, respect is not had only to the grievousness of the offence, but also to the circumstances of the damage which it bringeth to others; or to the dishonesty adjoined to it, or to the more perverse will of the offender. Humane Majesty is not offended, but with a certain malice, and desire of him that offendeth, and Heresy very often is through ignorance; whence this for the most part deserves compassion, but that never. The confiscation of Goods terrifieth others, who at least abstain for love of their children, preferring their good before the passions which move them against their Prince. But in case of Heresy every one seemeth to be moved by a spiritual respect, which ought not to be less esteemed than the death of children. The event showeth that this most happy state, with more general satisfaction, rests as free from heretical dissension, without taking away of goods, as others where with severity they are taken away. Therefore not regarding other men's orders or examples, or what others say, we ought to follow those orders which experience teacheth us to be good.   

The Exposition of the twenty eight Chapter.  
THe twenty eight Chapter, that no Bull or Ordinance of Rome, neither new nor old, be published without the Prince his express Licence, is of most important and necessary consideration for the preserving of the Inquisition; Upon which Chapter I will first set forth the juridical and true reason, why it ought to be so observed, with the inconvenience which would follow, if it were done otherwise.  
It is clear, that as every one may, for his own ends, at his own will and pleasure, change Orders, and govern a jurisdiction which is wholly his own, without acquainting one therewith, or ask any one's consent; so where by contract and agreement between two▪ there is a Tribunal set up, and a form given, one of them cannot upon any reason, though never so excellent and undoubted, make any alteration without the consent of the other contracter: such is the nature of a contract and agreement, that as it receiveth his being and existence by the consent of the Contracters, so it cannot receive the least alteration without the same consent: So that if any alteration be needful through change of times, or other circumstances, it cannot be lawfully made but by both parties. It is plain that the office of the Inquisition within this dominion was apppointed by order of the greater Council, and by consent of the Pope in the year 1289. with Covenants then established. Wherefore no new thing which hath happened since can alter it, if the same who agreed in the institution, do not likewise agree in the alteration: And therefore if the Court of Rome decrees any new thing concerning that matter, it cannot extend its force upon that Office, but only with the Prince his consent. This is the true reason why Bulls and Orders made since that time at Rome cannot bind. Neither can it be aleadged to the contrary, that divers times do require diverse Orders, and that Popes for the better government have made other reasonable Laws, which ought to be received: for the answer to this plain, that as in the world nothing can be held unchangeable, and every custom ought to be accommodated to the times and persons, so it is to be done to them whom in reason it concerns to do it, and by no others. If any one would rule common business of himself, though he did do it with a good intent and happy issue, yet did he nevertheless transgress Divine and Humane Laws: the same reason which caused the Inquisition to be first instituted by agreement, doth now also suffer no new Laws or orders to be made, but by agreement. To give force unto a Law it is not sufficient that it be convenient and reasonable, but it is also essential, that it be made by those who have full power: Neither is that said only for the preservation of power and jurisdiction, but also for the necessity of a good government. The Inquisition was not then instituted with the same Conditions, as in the rest of Italy, because the considerations of this Commonwealth and other States were different. So now likewise diverse considerations cause that which is expedient at Rome, sometimes not to be expedient here: Wherefore it may not be convenient presently to execute in this state, that which the Pope for his own respects hath ordered, but first ought to be considered whether it agree with the respects of this place, which thing none but the Prince can do, as one who alone knoweth what is needful for the public affairs: And therefore although the new or old Bull should seem unto the Governor honest and profitable, yet ought not he therein to follow his own judgement, it being proper to the Prince alone to know what is expedient: Neither ought it to seem grievous to the Bishops or Inquisitors, to have that which is just and lawful executed in due manner, judgement, and form. The Inquisition of Spain which is likewise ordained by agreement, proceeds in the self same manner. It hath its own Laws and proper Customs by which it is governed, neither is it altered, or receiveth new Orders from Rome; but if for any public respects the Court believeth, that it were good to bring up some new thing in Spain, they write to the General Royal Counsel over the Inquisition where it is consulted of, and according as the respects of Spain will bear, it is received either in part, or in all, or in part, or in all laid aside.  
But that the observance of this Chapter is necessary not only for the maintaining of the proper Power, and jurisdiction, but also to withstand infinite inconveniences, he may find it plainly that shall consider these things following.  
First speaking of Bulls already made, many are contrary to the Institutions of this most renowned Commonwealth; as those that command Heretics to be burned openly and alive. The confiscation of goods, with censures to those Princes who do not admit of them. The demolishing of a house where a Heretic is found, although it be none of his own: That the Inquisition may cause any that it suspecteth to give it a pecuniary security to live a good Catholic: That the Inquisition have an armed Court properly belonging to that office, All these are Pontificial Ordinances, contrary to the Customs of this State; some do give Inquisitors excessive authority, as those which will have them, have power to give leave to wear Arms, and to make Crocesegnati, which things could not be put in practice, without great confusion: some are so severe, that they cannot agree with the government of this State, as that of Paul the fourth, which will not have him pardoned his life, that will come home again, having held any one of those five Articles, which by him are named: And another of Pio the fifth, that no sentence given in the behalf of one that was accused and found innocent, should transire in rem judicatam, although it were given after the Canonical purgation, but that the Office may always take the same cause in hand again, upon the same proofs, which order if it were in use would be a continual torment to those wretches.  
And that other of the same Pope, that whosoever should offend, or but only threaten a Notary, or other Officer of the Inquisition, or a Witness examined in that Office, besides the Excommunication, should be guilty of High Treason, and should be punished with Capital punishment, his goods confiscated, his children infamous, and uncapable to succeed others by will: To which punishment should also be subject whosoever should not only case one to escape out of Prison, but he also that should but attempt it, although the effect did not follow: and also whosoever should favour any such, or mediate for them, with other clauses of most cruel temerity, comprehending also titular Persons and Princes. Yet this is that Bull which was made in the year 1569. but was never received nor published in this State. The Cardinal Arrigoni, eight and forty years after that, vid. in the year 1617. commanded the Inquisition of this City of Venice, that it should print it and publish it, and it had been done, if the most renowned Reformators of those times, by order of the most excellent Counsel had not hindered it. Any one may consider how many Processes might be made for every word that should be spoken to one of the notaries, witnesses, or denouncers, who had thought themselves wronged, and how many wretches would have been daily vexed. It were long to rehearse all those things which are contrary to the customs of these Countries, but the above said are sufficient to show that without the disturbance of the public authority and peace, they cannot be all generally admitted. But if any be necessary or profitable for the punishment of Heretics, it is fitting that it should be received: but to know which is such a one, belongeth properly▪ to the prince, nor can any one else know it. Neither ought any one to be confident that they may be received without confusion, because they are of force in Rome, and yet things there are quietly carried, the State of Rome being different from that of other Princes. The Romans say they are above these Ordinances, if they think fit they may observe them, if not, they may omit them, or dispense with them, and they do wonderfully serve for their ends, as well when they are observed, as when they are disobeyed, because they are not to be ruled by the Laws, but they do rule the Laws. chose in other States when they are once published or received, they are no more in the Prince his power: They must then run to Rome to seek a remedy, when they are heard, and either they do get remedy or not; they regarding not what is behooveful to another State, but to their own. And this is that which the court of Rome would have, and every day attempted, vid. to have in their hand, under colour of Religion, the administration of some certain things, without which States cannot be governed, by which means it would become judge of all governments. For this cause, the Popes say daily when they would cause their Decrees to be admitted, that if there be any inconvenience, they should have recourse to them, and they will help it, but the remedy which cometh not from the same Prince, but from them who have their proper interests, is worse than the sore. God whose works are perfect, and who is the Author of all Principalities, gives to every one as much power as is necessary to govern well; neither will he have it acknowledged from any other, but from his Divine Majesty. All that which a Prince acknowledgeth from others, but from God, is slavery and subjection.  
So much is said generally of the consideration which ought to be had in publishing or receiving Pontificial Orders made of old in matters of Heresy. But much greater care ought to be had concerning those which shall be made hereafter. Of them which are made already the number is certain, it is known whether they be received in other places or no, how they are observed: what construction they receive, what is their aim, what consequence of good or evil effects they bring with them: But for the time to come, if the Court might have her liberty the number would grow to be infinite. When one newly appears, it is not known whether the World will admit of it or no; the aim of him that made it, is not yet discovered, experience hath not shown what effects it may bring forth; and therefore all delay and maturity in receiving of it, will bring forth abundance of conveniency with it. It is not said, that new reasonable orders are not to be accepted, but that they ought not to be received as of duty, or as subjects, but by agreement and public treaty, the institution of that Office requiring it as it is said, and with much consideration, because of the great dangers that novelties do bring with them. The Court of Rome in making new Bulls, taketh no great advice; with ease they are made, because with ease they are revoked; or derogated from, or dispensed with; as it falls to be most commodious for their businesses, wherein they regard their own ends: But that which is profitable for one State, is not profitable for another. The safety of this Dominion requireth that Religion should be kept inviolate in all her parts, withstanding all change and novelty whatsoever. The respects of Rome require, that no change shall be made, through which Pontificial power may be diminished, nor the Court lose any of her profits which she draweth out of other Statues: But those novelties whereby the profit of the Court may be increased, or temporal authority may be diminished, with the exaltation of the Ecclesiastical, are not to be abhorred, but procured; and that we see daily.  
This most renowned Commonwealth, as well as other Catholic Kingdoms, finds itself between two contraries. The Protestants who have no other aim but to diminish Ecclesiastical authority; and the Court of Rome, which hath no other aim but to increase it, and to make the temporal her servant: Whence your Catholic States and Kingdoms to preserve themselves, do withstand all novelties on the on & the other side, and do keep Religion without any change at all, being known by experience, that either of the novelties are pernicious. That reverence which deservedly is given to Religion, is the cause that those abuses have easy admittance which come covered with that sacred Mantle. For the maintaining of Religion, the office against Heresy is respected, and for this cause, when Rome will bring in some novelty, it willingly makes use of that office, supposing that the true end will not appear. And that hath been wrought in the self same manner in times past, but very slightly in regard of what was done at this present. Nevertheless the Senators of those times were always careful. They would have the Office against Heresy to be mixed; they have opposed themselves against all novelties: they have not suffered Ecclesiastical Persons to do any thing unknown, unseen or unexamined. By these footsteps must he walk that will have the Commonwealth preserved, not suffering new Bulls, or Decrees to be accepted within the State, if first by mature deliberation it be not made known, that they will bring in no inconveniences. Which deliberation is proper to the Prince, who alone comprehendeth the estate of public things.   

The Exposition of the nine and twentieth Chapter.  
THe nine and twentieth Chapter which treateth of publishing a prohibition of books, since the agreement of the year 1596. stands in force, there can no doubt be made of it. But it will be necessary to consider, that the agreement being made with so much consideration and maturity, as well of the Apostolical Seas side, as of the most renowned Commonwealth's side; the matter ought to be held of weight. This conference lasted four Months, on the Pontificial side there was the Cardinal, the Nuntio, and the Inquisition; and on the other side the chief Senators of the Commonwealth, clear arguments, that the business on both sides was held to be of great weight: and nevertheless, though it was determined by common consent, yet did it not take away all hope from the Ecclesiastical Persons, to have it forgotten again and out of use: Wherefore then they treated, that there should be but three score copies Printed of the agreement, for nothing else but because there being an innumerable number of the copies of the Indices, of the forbidden books which pass through all men's hands, every one might see those documents, which give the authority over the books to Ecclesiastical Persons only, but the moderation of the agreement might not be known but by few, and so finally it might be lost. And treading these steps in Rome, there is not a year but there comes forth a Catalogue of new prohibition, under the name of the Master of the sacred Palace, with clauses that it shall take place in all Cities, Towns, and places of every Kingdom, Nation, or People; and that it shall bind all men, although there be no publication who shall come any way to have notice of the Edict. This Index is sent to the Inquisitors, that by means of the Confessors they may get them to work the best effect they can: and by this means the agreement is deluded, and groweth out of use. And that which is worse, when an Index is printed within this City, they do endeavour to have those new prohibitions inserted in them: which they also attempted to do this year. And if diligent care be not always had, as it is at this present, they will one day set up a Court of justice, and open a way to the destruction of the agreement. Their intents to make themselves absolute Masters of Books, and the respects wherefore the Secular power hath need to watch, to the end that they may not obtain it, though they do not appear at first sight, yet with an easy consideration they are made manifest. The matter of Books seems to be a thing of small moment, because it treats of words, but through these words comes opinions into the world, which cause partialities, seditions, and finally wars. They are words, it is true, but such as in consequence draw after them Hosts ofarmed men. In this matter the Romen cannot hide two high pretences which they have.  
The first, that so they may prohibit books, not only for cause of Religion, but also for any of her cause.  
The second, that the Prince shall not have power within his own state to forbid any books; for any cause whatsoever: and if that any be by them approved, the Prince cannot hinder, although he judge it to be dangerous, but that within his Dominions it may be had printed and publicly sold. And these two pretences taking once effect, they should do the Temporal power wrong in three notable particulars.  
The first in prohibiting or corrupting Books which are good and profitable for the maintenance of a good government.  
The second, in prohibiting of Books, which do not belong to them to prohibit.  
The third, in hindering the Secular Power from removing what shall find hurtful to a good government.  
Of which three prejudices we ought to treat particulary, for to consider of the remedies. About the first, concerning the prohibition of Books, which at Rome are not liked of, though they be good and godly, because they maintain Temporal Power. It is a clear thing, that a Prince, especially one that ruleth with the Arts of Peace, useth this as a chief instrument to cause the people to believe this to be a firm truth, vid. that the Prince is ordained by God, and ruleth with Divine authority, and the Subject consequently in conscience is bound to obey him, and not doing it, offendeth God: that the duty of undergoing public burdens, either personal in bearing office, or real in Tributes, Customs, or such like, doth tie the Conscience, and bindeth under the pain of sinning to restitution, he that refuseth to bear them, or doth defraud them. Because that the Prince, by the Divine Law, is above any person that is within his Dominion, and may lay a burden on any man's estate, when public necessity, according to his judgement, shall require it. Everyone of himself, without any greater discourse may judge how easily a State may be governed, where the aforesaid Maxims, as they are most true, shall be so believed to be, and the disorders which most necessarily happen where contrary opinions are held Ofthese truths written by the Prophets, taught by Christ, and preached by the Apostles, ancient Fathers, books are also full and good Divines do hold them, as they are necessary to be believed. But as there were always in God's Church, those who made use of Religion, for worldly ends, so the number of them is now full. These, under a spiritual pretence, but with an ambitious end and desire of worldly wealth, would free themselves from the obedience due unto the Prince, and take away the love and reverence due by the people, to draw it to themselves. To bring these things to pass, they have newly invented a Doctrine, which talks of nothing but of Ecclesiastical greatness, liberty, immunity, and of her jurisdiction. This Doctrine was unheard of, until about the year of 1300. neither is there any book found concerning it before that time: then did they begin to write of it scatteringly in some books: but there were not above two books which treated of nothing else but this, until the year 1400. and three until the year ●500. After this time the number increased a little, but it was tolerable. After the year 1560. this Doctrine began to increase in such manner, that they gave over writing, as they did before of the Mysteries of the most Holy Trinity, of the Creation of the World, of the incarnation of Christ, and other Mysteries of the Belief, and there is nothing printed in Italy, but Books in Diminution of Secular Authority, and exaltation of the Ecclesiastical, and such Books are are not printed by small numbers, but by thousands: Those people which have any learning can read nothing else; the Confessors likewise know none other Doctrine, nor to be approved of need they any other Learning. Whence comes in a perverse opinion universally, that Princes and Magistrates are humane inventions, yea, and Tyrannical, that they ought only by compulsion to be obeyed, that the disobeying of Laws, and defrauding the public revenues doth not bind one unto sin, but only to punishment; and he that doth not pay if he can but fly from it, remains not guilty before the Divine Majesty; and contrariwise, that every beck of Ecclesiastical persons, without any other thought, aught to be taken for a Divine Precept, and binds the Conscience. And this Doctrine perchance is the cause of all inconveniences which are felt in this Age. There want not in Italy pious and learned persons which hold the truth, but they are not suffered to write, nor to print: Something comes written from another place, but presently it is prohibited: And little thought is taken of Heretical Books, especially those that treat of the Articles of Faith; but if any one comes that defends the Prince his Temporal Authority, and saith that Ecclesiastical persons are also subject to public functions, and punishable if they violate the public tranquillity, these are condemned books, and persecuted more than others. They have gelded the books of ancient Authors by new printing of them, and taken out all which might serve for Tempoporall authority.  
In the year 1607. they printed in Rome with public authority, a Book entitled Index Expurgatorius, where they did note the places which in diverse Authors ought to be canceled, in which book every one may with eyes behold what things are taken away or changed in many good Authors, which did defend the Authority given by God to the Prince. So that at this present in reading of a Book, a man can no more find what the Author's meaning was, but only what is the Court of Rome's, who hath altered every thing. And that above all things would be thought incredible, if it were not seen in Print.  
Pope Clement the eight, in the year 1595. in the Index published a rule, that all Catholic Writers Books, written after the year 1515, might be corrected and amended, not only by taking away what is not conformable to the Doctrine of Rome, but also with adding to it. This Precept hath been put in practice and executed continually these seventy years, though it hath been done publicly but some few years since. So that if in Authors we find no good Doctrine favouring Temporal authority, we know who hath taken it away. If we find any that favoureth the Ecclesiastical, we know who hath put it in and finally, we may be assured to have no book true. Wherefore since the only aim is to extinguish or corrupt those Books by which only well minded men might receive necessary instruction: The Secular Magistrate ought also to be circumspected, and not suffer himself under feigned pretexts to be deprived of more than heretofore he hath been: and when new mention is made of prohibiting any book which treateth not of Articles of Belief, to inform himself well of the Doctrine which it contains, and of the ends for which the Court of Rome would forbid it, before he gives his consent: And if any good and famous Author's Book should be new Printed, to see that the good Maxims be not taken out, or new ones inserted, contrary to the Author's intention. Yea, public service, justice, and honesty, would require that good Maxims should be printed again: and that those Books which have been corrected by taking away or altering things favouring Temporal Authority given by God, should again be restored according to the first and uncorrupted Copies, according to the Author's meaning. And because by new prohibitions sent out under hand, the force of the agreement may not be deluded or diminished, when the Index of the year 1595. is printed, the agreement also should be printed at the end of it. Taking notice of the prohibiting of Books, is not only necessary to prevent the extinguishing of good Doctrine in Italy, which beginneth now to be done, but also because that under the pretence of good, the Inquisition may not usurp that authority which doth not belong to it; forbidding of Books, which though they be evil, yet have nothing to do with Religion, which is the second prejudice.  
The Ecclesiasticals have declared unto us that they prohibit books for eleven causes, of which there be five that do in no wise belong unto them.  
The first of them is, when the Book containeth any thing against his neighbouts' reputation, especially Ecclesiastical Persons or Princes.  
The second, if it contains any thing against Ecclesiastical liberty, immunity, and jurisdiction.  
The third, if with politic propositions of ancient Princes, or Historians, they favour tyranny.  
The fourth, if the Book contains conceits, or quips against any one's reputation.  
The fifth, if they contain lasciviousnesses, and other things against honesty.  
There is no question, but those Books wherein such absurdnesses are found aught to be condemned: but every one may not do it, it were breeding a confusion in the World, if every one who knoweth an order to be good, might Decree it: That belongeth to public authority, which only can make a Law upon that which belongeth to her Government. He that is zealous and seeth the evil which is in a book, let him procure the suppressing of it, and he do well, by his authority that may lawfully do it.  
The diligence in seeking out and discovering of an evil is commendable, but to go about to remedy it, when it doth not belong unto him is usurpation and ambition. If by a book the neighbour's reputation be touched, though he be an Ecclesiastical man it belongeth not to the Inquisition to right it. That Office is against Heresy, and is not to protect any man's reputation. The Secular power is protector of men's honours, and he is to defend it, and to punish any one that doth wrong it with deeds, words, or writings. Let the Inquisition be careful, that by books there is no Doctrine sown against the Faith; and God hath provided a Magistrate to give a remedy if by deeds, words, or books, any man's reputation is wronged. If Ecclesiastical Persons do see any injury done to themselves or to others, it is just that they may crave the Magistrates help, and expect amends through him. If any thing be written against Ecclesiastical liberty and immunity, because it is enjoyed by privilege from the Princes; it belongeth to the Prince to maintain it to them, as far as the public Service will permit: it were not good that every privileged Person might out of his own power defend his privileges. Would God there were Books which might deserve prohibition for being against Ecclesiastical liberty, rather than Books that do deserve it; for extending it so far as it doth confound all government: It usurpeth and taketh away that which belongeth to the Secular, and shameth Christ's Ministry, which is for Celestial things, and not to become masters of Terrestrial, committed by God unto others. It is not a lesser but a greater evil to extend Ecclesiastical liberty so far, as it may become irregular, then to restrain it more than it ought to be. What is the cause that no book is censured? Because it vaunts it too much, and taketh away the temporal. The best way to maintain it is not to prohibit those books which keeps it within the bounds, but rather those which do make it hideous for the absurdness of it: wherefore it ought not to be denied, but if any one should write in this behalf contrary to truth, the Magistrate ought to proceed against the author and the book, and observe the decency and authority due to the Ecclesiastical order; but it is not just that they should right themselves. If politic things be written, according to the maxims of Princes, and ancient Historiographers, according to all men's opinions it belongeth not to the Ecclesiastical to judge of them: if they be tyrannical that belongeth only to Princes▪ to whom is proper the Government of States. Private men do not understand it, and much less the Ministers of Christ, to whom is severely forbidden to intermeddle in it; and if any one will go further, he must not think to remedy it with his own authority, but to signify it to him, to whom it belongs to help it. As it is also most plain that those who desire to have an unresistioned liberty, do give the name of Tyranny to the lawful power given by God, & to that Doctrine which opposeth itself to their attempts: so that under pretence of Religion they will become arbitrators of all Governments. The same is to be said of books containing conceits, or biting quips, which directly, or indirectly do offend in any one, and if they do teach ill manners, lasciviousness, surfeits, which offend the public dignity; none of these excesses is Heresy, that they should belong to the Inquisition. The Inquisitor is made a judge of the belief, and not a censurer of manners. By St. Paul's Doctrine public quiet, and honour are given into the custody of Secular power, the Inquisition ought not to put her sickle into another man's harvest. This conclusion needs no subtleness to make it be understood, of itself it is plain and easy. To the same man belongeth to judge and punish deeds, words, and writings of the same matter, none can make question but that the offending of one's reputation, favouring of Tyranny, and dishonesty, either with deeds, or with words, are offences subject to the Secular judgement: Therefore those which are committed in writing also, shall belong to the same. By what reason can he pretend to censure the books of any of the foresaid causes, who confesseth of himself to have no power to censure the words, and the deeds? Since that by the Prince's Ministers, such a disorder is put in practice, vid. that under pretence of fauroring honesty, and justice, and preserving a good name, temporal authority comes to be usurped: peradventure because it is a very new thing, that the Ecclesiastical power should prohibit books for any other cause besides that of Religion, since no Pope ever attempted it before the year 1550. therefore as a fresh thing, it hath not yet been well examined; or because that some who give attendance upon public affairs, think it not ill to discharge themselves of this burden of looking over books, and leave it to them as desire it. But as every Government requires watchfulness and carefulness, and he that discharges himself of these, dispoileth himself also of his authority, and doth not perceive it till it be lost, and cannot be recovered again; so the most renowned Commonwealth, which hath ordered that her Officers should oversee every book which is Printed, to prevent any inconvenient Doctrine from coming to light, hath known very well that this care belongeth to the Prince, and thence is necessarily inferred that his Deputies ought also to see whether that there be any inconveniences in books already printed, which may hinder the reprinting of them. To the same Person belongeth the preventing of evil, to whom the reforming of an evil already sprung belongeth. If the Prince may Lawfully by the authority he hath from God, forbid the printing of a book because it contains blasphemy against the Godhead, favoureth Tyranny, offends public honesty, teacheth evil manners, or takes away another man's authority and reputation: He may also Lawfully and by the same authority prohibit them that are already printed, and do contain the like inconveniences.  
The Index of the books made in the year 1595. is already received with public authority by agreement; therefore the books contained in it, are to be prohibited without exception. But if hereafter it be propounded by Ecclesiastical Persons to have books prohibit for any of the aforesaid reasons, it must not be granted that they should do it, but notice may be taken, and the book prohibited by Temporal authority only, leaving it to the Ecclesiastical power only, when the book is prohibited for cause of Religion. There remains the third prejudice which is new, but of greater annoyance than the other two: because that to be deprived of one's authority, and to lose good books, are indeed very great evils, but tolerable in respect of this, to be constrained to endure within their own Dominions, a book known to be hurtful. The Court of Rome though it hath assumed to itself to prohibit books, also for causes which concerned not Religion, and did not belong to Ecclesiastical power, yet before these last years they have not dared to go so far as to say, that the Prince may not also forbid those books which he seeth do breed scandal, evil example, sedition or other perturbance within his Dominion.  
Cardinal Baronius would be the first that should free this pass, and speak it boldly, who being conveniently opposed by that Prince who was particularly touched, none ever since hath dared to this hour to maintain the Cardinal his enterprise. But because hereafter some may attempt the like with greater Art, or upon an opportunity, when men's eyes shall not be so open; the business being of such moment requireth to have the success of that business briefly set down, for a general example and document, adding thereunto the true Doctrine, with her Grounds, answering the objected cavillations.  
That Cardinal in the beginning of the year 1605. printed his eleventh Tome of the Ecclesiastical Annals, wherein he inserted a very long discourse against the Monarchy of Sicily. Of which discourse what concerneth the Truth of the relation, is not fitting now to be spoken of, but to be left to his proper place: This only belongeth to the present purpose, that the discourse is full of slanders, and eagerness against many Kings of Arragon of famous memory, and especially against King Ferdinand the Catholic, and the progenitors on the Father's side of him who now Reigneth. The book coming to Naples, and to Milan, was by the King's Officers there prohibited, that it should not be sold, nor had there for the respects of their Prince, which were too apparent to every vulgar person. The Cardinal having notice of it, assembled the College of Cardinals in the vacancy of the Sea of Clement the eight, and made an invictive against those Officers, that in prohibiting of that book had laid hands on Ecclesiastical authority. And afterwards when Paul the fifth was made Pope, he writ unto the King of Spain, a long Letter dated the 13. of June in the same year, with this conclufion amongst the rest. That to the Pope only belongeth the approving of books of all kinds, much more Ecclesiastical ones, complaining greatly that in contempt of Ecclesiastical authority, the King's Officers in Italy had prohibited his book. The wisdom of that King thought it best to answer with deeds, and let the prohibition run on which was published by his Officers. The Cardinal could not contain himself, but that printing his 12. Tom in the year 1607. he must insert to small purpose, a discourse of the same matter, saying formally, that it was an impious and abominable thing, that in these our most unfortunate days, the King's Officers should dare to censure books approved by the Pope, not suffering them to be sold by the Booksellers, but with their Licence, which they would grant but when they pleased; yea, and would absolutely forbid the sale of them: that they do it because the books rebuke their unjust acts, and that it was to take out of St. Peter's hands, and putting into the Princes, one of the Keys given him by Christ, vid. that of knowledge to discern good customs from bad. The Counsel of Spain proceeded still with their wont staidness and resolution, nor did not move for the third time, but let three years more run on. And in the year 1610. the King made an Edict, whereby he condemned and forbade the book in so grave a manner, that he aptly touched Cardinal Baronius, as well as he had touched the Kings his Progenitors. And to give it the more credit and force, he caused the Edict to be published in Sicily with a Decree, and subscribed by Cardinal Doria; and was sent in print all the World over. The Court of Rome stood amazed, as well for the Edict, as for the execution of it done by the Cardinal, yet in Spain they moved not a whit, and the Edict remaineth still in force. Certainly there cannot be imagined a higher enterprise, than to send into a Prince his Dominions, a book in print against his Government, and to pretend it to be Lawful, and that the book shall be there read, kept and sold publicly, and that the Prince shall have no power to discover it and withstand it; and that under colour of Religion, and the authority of Christ given to St. Peter. Which pretence will be taken away if we do but mark the Catholic Doctrine, and the custom of the holy Church, whence the truth plainly appears, and Cardinal Baronius his reasons are plainly confuted. It is a thing well known, that unto St. Peter were given the Keys of the Kingdom of Heaven, & that many holy Fathers and Catholic Writers, means by the Keys in the Plural number, the one of Knowledge, and the other of Power; and that the power ought not to be understood Universally, but only concerning the Kingdom of Heaven, which is the Spiritual; for the Civil, Royal and Temporal power is expressly forbidden him by Christ. So the Knowledge is not to be understood of natural things, nor of corrections, much less of Politic, Civil, or Moral things; but as St. Paul saith plainly, they are made dispensers of Christ's mysteries only: Wherefore if by the Ecclesiastical authority a book be approved to be good in matters of Faith, it cannot be condemned as bad, by any Secular power: but if the book treateth of other matters, as of jurisdiction, of Government, of Merchandise, although it were applauded by all the Prelates of the World, yet doth not that prejudice Temporal authority, but that it may be condemned. It is a great wrong to pretend that because Christ hath given St Peter the Cognisance, and power of the Kingdom of Heaven, and forbidden him the Earthly; one may against his precept extend spiritual things to temporal. St. Augustine often saith, that grace doth not destroy nor take any thing away from nature, but leaving all her own unto her, doth add unto it Divine perfections. The Temporal power hath of its own nature power to forbid all things which are repugnant to public quietness, and to honesty; and amongst the rest writings, and books which are contrary to it. Christ is not come to take away any of this authority from the Magistrates, but to leave it entire; only he adds power to his Ministers, over things concerning Christian Faith, of which men by nature know nothing, but only by Revelation: Therefore these ought not to assume unto themselves the power of approving of books which belong not to them, or to endeavour to deprive the Magistrate, of the authority which is given them by God, and by nature.  
Cardinal Baronius allegeth the Epistles of certain Writers, who have dedicated unto Popes their books of Histories, or of Law, or of concerning Government; and have submitted their Works to the Pope's censure: and therefore he concludes, that to him alone belongeth to approve of all sorts of books, and that once approved by him, none ought any further to meddle with it. But this is but a vain reason, since it doth not make any distinction between Obligatory & binding words, and words of compliment. Who ever Dedicateth a Book not only to a Prince, but also to a private man, but that he will submit it unto him, and that with some Hyperbole of words. If we shall upon these rhetorical colours ground Articles of Divinity, we will also find other Epistles, which we will give the same power to all manner of Persons: and we shall find many books of Physic, and of Grammar Learning, Dedicated unto Popes, with such like phrases of speaking; and should that infer therefore that the Papacy is an Office concerning health, or a Grammar School? Reverence and civil speaking is one thing, and that which must be holden as an Article of Faith is another: But because that Baronius taxeth the Prince's Officers with forbidding of books, because they reprove their unjust dealings, it will be good to speak a word concerning that; because it shall not seem that we will have unjust things defended, nor that any should think that it is Lawful under colour of reproving of things, to disturb the public quietness. One may speak two ways of a misdeed; by way of Thesis, or Position, vid. in general without touching either Person, or place; or time: and to reprove in this manner, hath been always held good for the rooting out of vice: It is Lawful for any one to write books in this manner. Another way is by Hipothesis, that is of particular case, naming of Persons and other circumstances, and that is not permitted to any but to the Lawful Judge. Every one may write against Usury in general, but to touch any particular instrument for usury, belongeth to none but to the public Judge; and the doing otherwise, is to put the World in a confusion, leaving the managing of businesses unto unjust persons. A generality may easily be considered of, and hath need of nothing but of study and authors; but a particularity by reason of the infinitenesses of circumstances, requires an exquisite prudence and experience. It is easy to say, and to prove in general, that the usurping the Sovereignty of a State is unjust; and Cardinal Baronius might have thereupon made a long Parenthesis. But to come to a particular, and say that the King of Spain usurps the Sovereignty of Sicily, is not a cause belonging to him. And if the King's Officers in Naples and Milan, have therefore prohibited his book, they have not forbidden the reproving of unjustice, but rather the small wisdom of him who judgeth the present possession of Sicily to be unjust, without having so much knowledge as was needful for the doing of it. And if the Pope did approve the book, intending to do it for the places Ecclesiastical Dominion and State, it is well: but if he did mean it also for other Prince's States, so that it might not be prohibited by those who held it scandalous, that had been an excess, and usurpation of other men's authority, which ought not to be supposed of Pope Clement the eight, who was a wise Prince. And because Cardinal Baronius adds, that public Officers cannot prohibit Book sellers, to sell books without their Licence, under pretence of hindering Heretical books from coming in with false Titles, because that seeing such a danger, they ought with humbleness to seek that the Bishops may do it: this also deserves a little consideration. And first, to take away all ambiguity; neither did any approve of doing any thing under a feigned pretence, that is, to cover evil with the colour of good, this being a pernicious dissimulation; but to set up one good thing behind another, to cause it to pass without naming of it to make the execution of it easy, or for some other end, is not to be reproved; and the Holy Scripture doth give infinite examples of it. If an Edict were made by a Secular Magistrate, that no Bookseller should sell books without Licence, because Heretical books should not come in; having an intent that way, to hinder not only Heretical, but all other kind of evil books also, it were not a thing to be reproved; neither had the Cardinal any reason to inveigh against so just a thing. But it is worse when he saith that they must have a recourse to the Bishop, for that would be a most unperfect Government which in itself had not a means to provide for a thing so necessary, and should stay for a remedy from him that should give it according to his proper interests, and not according to the public necessity. In matter of books we ought to distinguish, that it is one thing to judge whether a book be Heretical or no, which belongeth to Christ's Ministers only, neither hath Secular power any part therein. And another thing it is when a book is known by the Church to be Heretical, to forbid it by Law, which is not so proper to the Ecclesiastical, but that it may very laudable be done by the Secular power.  
In the Primative Church, Heretical books were examined, and declared to be such by the Counsels, but not prohibited by them but by the Prince. The first Counsel of Nice, condemned of Heretical Doctrine of Arius, the Emperor Constantine did forbid his books by Imperial Law.  
The second Counsel of Constantinople, did declare Eunomias to be a Heretic. The Emperor Arcadius did prohibit the books of the Eunomians by a Law, which is in the Theodosian Code.  
The third Counsel of Ephesus declared Nestorius to be an Heretic, and his books were forbidden by a Law of Theodosius, which is in the body of the Civil Laws.  
The fourth Counsel of Chalcedon condemned the Entichians, and their books were forbidden by a Law of the Emperor Martian who is in the same foresaid book. This was the manner of the ancient Church, until the year 800. since which time the Popes of Rome have declared diverse Writers to be Heretics. And the Princes have let that Declaration pass without any other Law of theirs: but it is not therefore to be said that they have deprived themselves of their authority of forbidding things hurtful to their State. A Heretical book offends the Church, and disturbs a peaceable life. The first respect which is spiritual belongeth to the Ecclesiastical, to discern good books from evil, and to the Secular, as Protector of the Church to help it. But for the second respect to withstand novelties for the public repose, the Secular ought not to trust to other men's care, nor have recourse to any one; but to abound in care, forbidding all what may in any respect hurt a good Government.  
It ought to be held for an undoubted conclusion, that the Secular power may forbid within its own jurisdiction, any book though approved by any other, and besides his power he ought also watchfully to consider, what danger it is if his subjects do swallow any opinion which is repugnant to good Government. I will also put it in remembrance, that as it is a great good to the Commonwealth, to have every book that is to be printed, examined with such care, as is accustomed in this State, so it would not be of less good, to have every book which is printed abroad, and brought hither examined before it be sold. It is a folly to think that the Commonwealth may be damnified by the printing of an evil book, and not if it be printed in another place, and so scattered abroad. It is true, that some things may be suffered in one that is already printed, which would not be suffered in one which is not printed. But things of importance ought equally to be handled, as well in those that are printed, as in those that are to print. And as it is sometimes wisdom in the prohibiting of a book which is printed without the State, to do it with silence, only intimating it to the Booksellers, to not have the business regarded nor spoken of, so it should be my respectful advice, that sometimes about books which are very pernicious, it should be done by Edict and writing, for that would be a putting in practice, the proper authority, and not giving way to them who say, that prohibiting of books is a thing properly, Ecclesiastical, and that would also accustom the people to it: For if the exercising of that authority be put off till some most urgent or most dangerous case should happen, it would run in danger of being thought to be a novelty, and so be disobeyed.  
It is necessary before we come out of this matter, to add, that some others who have not dared to speak so great an absurdity as Baronius did, have stumbled upon another not much lesser; granting that the Prince may prohibit books, as seditious, dishonest or infamous: but adding thereunto, that this prohibition ought to be obeyed for fear of temporal punishment, and not because it tieth the conscience: so that he that reads them, or keeps them secret is not culpable before God. This is a false and perverse opinion, and contrary to Christian Doctrine. St. Paul with precepts and plain words saith, that every one is bound to obey temporal power, not only because of the punishment, but for conscience sake. When one commands any thing, having not power from God, he that doth not obey him, him doth not offend his Divine Majesty. But disobeying in that wherein the authority cometh from God, he himself comes to be disobeyed and offended.  
Saint Paul who hath been often alleged, but never enough, saith, that God hath given the Prince charge of tranquillity, quietness, piety, and honesty: and if for these respects the Prince prohibits a book because it is seditious, another because it is impious, another because it is dishonest; it cannot be said without contradicting St. Paul, that every one is not bound in conscience to obey. If it would please God to open the eyes of many, to bring to pass that this Doctrine as it is true and Christian, so it might be taught; and the contrary as pernicious should be confuted, innumerable inconveniences would cease, which we do now see daily: Because if there be some in the World who do work for the love of honesty, the great number of the rest is divided into two sorts. The one sort are they who do well for fear of spiritual punishments, and the other for fear of temporal punishments. When spiritual fear is taken away, their obedience is lost who think that they shall lie concealed, and shall through favour and other means, hinder and eschew the punishment: And those also which do make no account of it, which both put together do make a great number. On the other side let us behold, how easily some are brought to obedience, through a spiritual fear. Since God then hath given the Prince these two means to cause him to be obeyed, vid. for fear of temporal punishments, and for conscience sake; for so St. Paul teacheth, it were a great loss to forgo the second of these means, which is not least necessary, with letting the contrary be spread abroad contrary to Catholic Doctrine.  
Recapitulating then the heads gathered in this matter of books, they will be ten. The first that those which are contained in the Index of the year 1595. what cause soever they are prohibited for, the Prince's consent having been to it, are always to be held for such. The second, that for the time to come no prohibition be suffered, what clause soever there be in it; although it be with censure, if it be not admitted by public authority as it was agreed. The third, that if the Ecclesiastical shall desire the public consent, for prohibition of books which treat of matters of Faith, so they contain 〈…〉, their proposition being verified shall be agreed unto. The fourth that heed shall be always taken, that under pretence of Religion, Christian Doctrine be not forbidden, which defends temporal authority. The fifth, that it shall not be granted to the Inquisitor to prohibit books for any other cause but only of Heresy, but if any behad for any other respects, it shall be prohibited by the Magistrate. The sixth, that books printed elsewhere, though approved by any one else, by what authority soever; if they be hurtful to the Commonwealth, they shall be prohibited by the Secular Magistrate or by a public Edict, according to the occasion. The seventh, that in the printing again of books heed be taken, that those things be not taken away which favour temporal power. The eight, that if any of those that are gelded, in which the Doctrine maintaining temporal power is taken out, be new printed, they shall be printed again according to the old Copies. The ninth, that if the Index of the year 1595, be new printed, care be taken that no new names be inserted. The tenth, that together with the same Index, the agreement be printed.  
There remains another point to be briefly touched in this matter which is not of so great importance, and yet such, as of itself merits some consideration. Which is, that the prohibition not being used with due moderation, is hurtful to the sale of books, and to the Art of printing; for if a book be printed which hath been seen by the Inquisitor and the Bishop, and by them approved, yet if at Rome any thing be found though of small moment, not against Religion, for in such a matter nothing can be of small moment, but against somewhat touching the Court: which the Inquisitor hath not entered into, who granted the Licence. They prohibit the book, to his loss who caused the book to be printed, and is in no fault having the Inquisitors approbation: and this disorder is frequent, and would be more frequent if they did not fear that upon the Booksellers complaints Princes would give ear unto it; for every Courtier to get credit showeth himself careful in marking the prejudices of the Court, and also the shadows of them, not only in books printed out of Italy, but in them also which are approved by the Inquisition, and even in them which are printed in Rome itself. It were just that if any thing were found contrary to Religion, in a book printed with approbation, the charges should be paid by him that hath approved it, since the Bookseller is not in fault. But if any thing be found which for its own proper respects is displeasing to the Court, it seemeth not reasonable that a prohibition should be granted, which seemeth also to be so resolved on by the agreement of the year 1595. when it saith, that for the time to come no books be prohibited but foreign ones, or printed without Licence, or with false Licence, although such words might be cavilled upon, because they have made no exception of Religion: but the agreement being Construed in this Sense, cannot choose but be Commended.   

The Exposition of the 30. and 31. Chapters.  
THe thirtieth and one and thirtieth Chapters which speak of Secular Arts, and of Artificers faults, can never be too exactly observed. Every well ordered Commonwealth when some cruel kind of offence ariseth, doth make a Magistrate a purpose to take notice of that only, that the care of other things may not divert him. For this cause, in the Christian Commonwealth, was the office of the Inquisition appointed, which should tend only to the rooting out of Heresy. It is most natural for every one who hath the universal jurisdiction to put over many things to him that hath the particular jurisdiction, or suffer him to usurp it, and it useth to be easily done, because of the great power that is given him, and because that he who hath the universal jurisdiction, employed in many businesses, sometimes doth not give heed, and sometimes (if he he not a man of good knowledge) thinks that it is a helping of him, so that he doth not only not withstand the inconvenience, but doth favour it. A cause not belonging to him that hath the particular jurisdiction, being once taken, serves for example to take it the second time, and from diverse times a Custom is framed, which afterwards serves for a Law, and cannot be taken away without many difficulties, and the universal jurisdiction comes to be diminished, and the way is opened to the disturbing of the government. By these ways and occasions the Inquisitors against Heresy have not only strived to draw diverse other causes to their Office, but also to appropriate unto themselves the government of the trade of Books, and to command diverse others alleging therefore two kinds of reasons: The one is, that they do not command any new thing, and that which without their command ought to be done; for if they do enjoin the Butcher that he shall not sell flesh in Lent, he is bound without that to not sell it; so that the command ement is an admonishing them of their duties. So likewise they say that they do not cause such persons to swear any thing, but what they are bound to do. For if they cause Booksellers to swear that they will not sell prohibited Books, they are already tied to do it; so there is nothing done but to add a greater provocation to perform their own duties. But this reason is cavillous, it being one thing to warn one of his duty, and another to command it him. The Preacher and the Confessor do admonish, without usurping others authority, because they impose no penalty, nor use any means to make them obey; this is only a teaching which is not joined with constraining. That commanding which carrieth in consequence a revenge against the disobeyer, although it be a thing which is due to be done, yet is it an act of superiority and jurisdiction, which not being granted to the Inquisitors, but only in case of Heresy, which they cannot do it, without usurping the universal jurisdiction. So to constrain one to swear a thing, although it be to be done, is also an act of superiority, though without the oath it ought for to be done. The other reason which they most frequently use, is yet more cavillous; They say that the judging of Heresies, bringeth by necessary consequence all things annexed or depending of it, and that they do not pretend to command any, nor cause them to swear nor punish, but only in things conjoined with Heresy: because that Heresies are taught in Books, it is necessary for them to command Booksellers and others, through the hands of whom Books do pass, and punish them which do against it. In all these particulars it is most plain to perceive what is just: Without doubt, to whom the judgement of a thing is committed, to him is also granted all which is joined to it, so that it cannot be severed. Wherefore all which in such manner is joined with Heresy, aught to be judged by the Inquisition, but that which of it own nature is several, and may severally be judged, although by some far fetched Consequence it might be joined; in this manner every offence, yea, and every action might be joined with Heresy.  
As for the matter of Books, those alone which contain Heresy, are subject to that Office, and those booksellers which do keep or sell any, and these aught to be punished by the Inquisition: it doth not follow therefore that the Inquisitor may burden Booksellers with receiving of visits, to make Inventaries, to receive Licences, to sell from them; and such orders as they often attempt to make: Likewise to eat forbidden food at forbidden times, is an evidence of an evil conceit in matters of Faith, and other circumstances which are thereunto adjoined, and the Office proceeds against him that is accused; but he hath nothing to do with it that sells the food or dresses it, because that it is to be supposed that these do it for their gain. But because the desire of gain is so unruled, that oftentimes exceeding, it doth induce men to commit things against honesty, if any one should sell in such manner as that it should provoke to evil, or should cause any other scandal, this is not joined with Heresy. The Magistrate without speaking of Faith, or of Doctrine, may punish the fault, and give such order as shall be necessary for the preservation of honest, and of religious living; and according to the honour of the City▪ Wherein the Inquisition may also practise her good zeal, in showing the Magistrate the inconveniences which it sees, and showing them the remedy, and procuring also the punishment of offenders: but by the means of the ordinary Justice, to whom alone it belongeth.   

The Exposition of the two and thirtieth Chapter.  
AS for the two and thirtieth Chapter, that it shall not be permitted to the Inquisition to make any monitories against a Commonalty, nor against the judge in that which concerns ministering of Justice: the reason is clear, because Heresy is a Personal offence; all those which are of a Commonalty may be Heretics and suspected, but the Commonalty never. Wherefore if they treat of offence, they ought not to proceed but against the persons imputed in particular; and if ordinances, or orders which have been taken be treated of, the power of the Inquisition doth not stretch itself over them, but only by means of the Prince his representant, who hath authority from the Prince to command. Likewise the judge for his private actions or words may be suspected, for Heresy, but never for that which he doth in ministering of justice, it not being possible for him in that to fall into Heresy, whereby his judicial actions should become subject to the Inquisition, but they remain subject to his superior, and finally to the Prince: So that if by any of them the office of the Inquisition should be hindered, the Inquisitor can do no more but by the means of the public representant take away the lets; As if the Inquisitor should call one either as an offender, or as a witness who were by the judge stayed for a surety, or in any other manner the Inquisitor must not be suffered to make a monitory to the judge that he may be released, but that shall be the office of the superior Magistrate; the like is of any other judicial act. vid. to cite, to suspend, or revoke, to not give way of proceeding to the Inquisition.   

The Exposition of the three and thirtieth Chapter.  
AS touching the three and thirtieth Chapter, which treateth of the Edict. It was an ancient custom that when the office of Inquisition was newly settled in some place, they published first an Edict called of Grace, inviting within a certain time every heretic to repentance, promising pardon; which time being past, they published another Edict called of justice, where all were warned who had any notice of any Heretic, for to denounce him: This matter in our age hath been diverse ways proceeded in. Some Inquisitors when they have been deputed into places where the Inquisition is already established, have made these two Edicts at their coming into their Office, but this hath happened but seldom. Others have made the second of justice only: and others have repeated it also many times besides the first, and that was done for to add some new thing which the accidents might bring along with them. If any Inquisitor should have a mind to publish the Edict of Grace, he need not be forbidden it, for it cannot prejudice temporal authority, nor be burdensome to the subject: only one ought to take heed concerning the Edict of justice, for oftentimes they do attempt to insert therein some commands to Booksellers, Hosts, or letters of Chambers; and they cover themselves with saying, that it serveth only to advise them, which must not be permitted them, because to advise by Edict, Proclamation, or affixion, are signs of superiority: and it is also a legal thing that he who warneth by Edict, may also punish the offenders. Wherefore if one will not grant them the punishing, they must not give them way to warn by Edict, in that particular where it nameth Heretical blasphemers, it must be all understood, as in the one and twentieth Chapter, and in that part which is against them who do offend, the ministers of the Office the denouncers, or the witnesses, the adjoined limitation must be well marked, that is for deeds which concerns the said Office, because an abuse should not be brought in, which hath been often attempted by the Inquisitors, that they might alone do Justice against their own Officers, and against any as have been once examined in that Office, and punish all them who do offend them for what cause soever it be: for this clause for deeds which concern that Office, doth remove all difficulties. If any one offend a Minister of that Office, he shall not be comprehended, but shall be judged in the ordinary Court, and because the case was assumed from the Inquisition, it must plainly appear, that the offence was done because of the office: and any one may likewise call the same Ministers into the ordinary Court for any other cause; and particularly for that cause which shall be unfolded in the nine and thirtieth Chapter.   

The Exposition of the four and thirtieth Chapter.  
IT was wisely ordered by the most excellent Counsel of Ten, of cases happening in Castles or Villages, that they should be handled in the Cities, as in the 34. Chapter, for doing otherwise, the way was made to take away the assistance, if the Inquisitors might have gone, or might have sent into Villages, or Castles to frame Processes, for than they might have framed secret ones, and so have hit upon all those inconveniences which the Assistance prevents.   

The Exposition of the five and thirtieth Chapter.  
LIkewise the five and thirtieth Chapter was needfully ordained which serving only to take away the competency of the Court amongst the representants, & being for the Inquisitors good, who may more commodiously deal in the place of his Residence, there needs no other consideration.   

The Exposition of the thirty six and thirty seven Chapter.  
Upon the six and seven and thirtieth, there needeth likewise no more to be considered, since they are to give just punishment to the guilty, which can not be given by the Office, and it is so much the greater favour done to the faith, as the more severely that the stubborn are punished.   

The Exposition of the eight and thirtieth Chapter.  
THe eight and thirtieth Chapter, which imposeth punishment on them who are cited, or examined in other places for Heresy, if they retire themselves into this state, it is not to be supposed for the offence, because that the examined or cited in other places might be punished with other punishments: and therefore in the order it reserved to the Inquisittion, to give him also other punishment. The Inquisitors use to advertise one another when those that are examined by them, are to go into some other place. Wherefore if any that hath been examined or cited elsewhere, should happen into this state, the Inquisitor of this place would be informed of it, & the office would Decree that he should be retained, to which the representant should agree, than the office ought to provide according to the tenure of the 16. Chapter. vid. sending of the Evidences to the Inquisition of that City where the party is in prison, which should proceed and come to the execution of the cause, whence would follow that either the accused person would be freed, or receive deserved punishment, but which soever of the two should happen, the public will is, that such a one be punished with imprisonment and banishment, only for coming hither, knowing himself to be examined: and this Ordinance is good to keep it still alive, because it showeth the pious Government of this renowned Commonwealth, which will purge their State not only of Heretics, but also of such as are suspected or discovered, & will take away the thought and all hope from any suspected person, of expecting any better condition in this State than else where.   

The Exposition of the last Chapter.  
THe last Chapter of Calumniators and false witnesses, is of great consideration, not so much to maintain the proper jurisdiction, nor taking away that which belongs to others, as for the defence, & protection of the subjects, which being granted by God to the Prince, when he suffereth them to be oppressed without justice, he grievously offends the Divine Majesty. It is an ordinary custom of the Office of Heresy to punish very seldom times calumniators or false witnesses, but excuse them upon any the least seemingness that they can show them, moved by a good intention, saying that it ought not to be supposed that in matters of faith a Christian be moved for any bad end, and if that they cannot avoid the punishing of some, they do it with very slight punishments, and they are spiritual, that so other affrighted by the punishment of these, might not fear to renounce, or to testify. For thence it would follow, that many things would be concealed which are discovered, doing great service to the Faith, which ought to be preferred to the punishment of them although they deserved it. Whether this caution be just or no, is a matter which must now be left out, and only consider that it is a great lightning and comfort to a wretch, that seeth himself calumniated, when there remaineth a way to-rele●● himself, with the punishment of the calumniators, and ●alse witne 〈…〉 in other Courts, since that in th●● they do not use it. The Inquisitors would not have the accused who have been calumniated by no means have power to have recourse to any other Tribunal, and so they write in their books, alleging for reason, that the injury is done to that Tribunal, to which that falsary hath not borne respect; and therefore it ought to be judged by it, and that it cannot be judged but only by a process framed in that Office, which is not just that it should be remitted to other Courts: But chose, other Doctors do hold that calumny and false witness being no Heresy, doth not belong to the Inquisition, but unto the ordinary superior Court of the calumniator, or of the false witness, and especially because these ought rather to be punished with temporal punishments, of cutting off the Tongue or the head, than by the Inquisition. Other more discreet Lawyers approving the reasons on both sides, distinguish, that the calumny or falsity, may either appear out of the Process framed in the Office of the Inquisition, without any new framing; as when the witness (which happeneth often) goeth of himself to revoke his saying, & to ask pardon; & in other like, which do notoriously appear by the only sight of the Process, and in this case the judgement belongs to the Inquisition, and the Inquisitors reasons do prevail. But if out of that Process the calumny cannot appear, and there be need of new instance and Process, either by complaint, or by office, the judgement belongs to the ordinary Court: which is effectually proved by the reasons alleged by the contrary part, because that calumny & falsity are not Heresy, nor Ecclesiastical offences, but merely Secular: neither is there any need of seeing the first Process, because it is proceeded in with other instance, and other Process. This advice as well grounded, and without interest, aught to be put in practices.   
FINIS.