Concerning the Excommunication of the Venetians A DISCOURSE Against CAESAR BARONIUS Cardinal of the Church of ROME. In which the true nature and use of Excommunication is briefly and clearly demonstrated, both by Testimonies of Holy Scripture, and from the old Records of Christ's Church. Written in Latin by NICOLAS VIGNIER, and translated into English after the Copy printed at Samur 1606. Whereunto is added the Bull of Pope PAULUS the Fift, against the Duke, Senate and Commonwealth of VENICE: With the protestation of the said Duke and Senate. As also an Apology of Friar PAUL of the Order of Serus in VENICE. LONDON Printed by M. B. for C. B. and are to be sold in Paul's Churchyard at the sign of the White-swan. 1607. CAESAR BARONIUS his advice unto Pope PAUL the Fift, to excommunicate the Venetians. Peters' office (Holy Father) is twofold; To Feed and to Kill: for the Lord said unto him a joh. 21.15. Feed my sheep: and he heard a voice from heaven, b Act. 10.13. Kill and Eat. To Feed the sheep, is with care to watch over the faithful and obedient Christians, resembling Sheep and Lambs in all humility and religious piety. When he hath to do, not with Sheep and Lambs, but Lions and like beasts of fierce natures, refractory, stubborn, and disobedient, then Peter hath charge to Kill: that is, to resist, fight against and root out such: and that such kill should ever be in Charity, he is willed to Eat that which he had slain in effect, through that Love which he bears to them in Christ, to lay them up within him, even in his own bowels, that In Christ we may be c Galat. 3.28. one, which is the Apostles own saying: d Philip. 1.8. I long after you in the bowels of Christ. And so, this kill is not Cruelty but Piety and sincere Charity: When, so by killing, he saveth that which by being suffered so to live, had otherwise perished for ever. And therefore, as Pope Nicolas the first showeth, Excommunication is not a poison to kill, but rather a e Potion Receipt to recure. And we see, that a Father thinks well of those bands wherewith the Physician hath bound his frantic son, because he hopeth it will do him good. Go on then, on God's name, most holy Father in your course begun, and suppose not that any man can justly tax your too great hastiness in these proceed. That which S. Paul hath written to his brethren f 2. Cor. 10 6. the Corinthians, that the Church is ready to revenge all disobedience, is a Command, that the Church should be forward to do it. Your Holiness happily hath been too backward, as yet not proceeding farther than to write. For my own part, I profess I am glad and rejoice in my spirit, nay I will say with the Apostle, I do g 2. Cor. 7.4. Overabound in joy, seeing I see now, in my h The man is about 68 years old. Gregory 7. Hilachrand. Alexander 3. Vide Plat. decrepit age, to sit on Peter's seat, Gregory or Alexander (the first two lively roots from whence the dead Church-liberty began to revive) both called from Sienna, (the place from whence i Being named before his Papacy Camillo Borghese of Sienna. your Holiness is extract) to the Chair of Peter. Of which two, the one got the better of the Emperor k Henry the 4. Henry, a most wilful and perverse man, and the other by his incredible strange constancy utterly vanquished l Frederick Barboros ˢ; a. Frederick. Your Holiness hath the like cause now in hand. In your hands (to borrow the m Esay 3.6. Prophet's words) these ruins lie to re-edify the Liberty of the Church fallen down, dejected, and laid low on the Earth. Advance, with victory that attends you. For God is with us, n Matth. 16.18. The gates of hell (they be Christ's words) shall not prevail against you. You are placed in the Church Peter's successor, and have the promise, made to him. Let corn be given them out of the rock, and as it is in the Prophecy of jeremy, I have made thee a o jer. 1.28. pillar of iron and a wall of brass. Remember, you are placed as p Esay 8 a rock in the Church, on which all that stumble shall be dashed in pieces. But you shall continue without hurt, joined close and united unto Christ, who shall fight for you & overcome. THE ANSWER OF NICOLAS VIGNIER unto Caesar Baronius. Nicolaus de Clamengis libro de ruina & reparatione ecclae. IT is an ancient speech used by one, who was not unacquainted with the dealings of Rome; That were a Painter desirous to draw the picture of Pride, his best course were to represent a Cardinal. If a modest man, and inwardly familiar with some Popes themselves, had just cause thus to write two hundred years since, how much more justly doth it suit these times, in which they want, neither highswelling words, nor detestable impieties, to effect and bring about their wicked designs? Very lately there flew abroad into the world, a certain writing from Cardinal Baronius, concerning the excommunicating the State of Venice, directed unto Pope Paul the fift. In which the truth is so clearly evidenced, that though a man would deny the Sun to shine at noon, yet could he not at all deny it. So lively and in such a plain sort doth the man paint out himself & his Colleagues, that in them you would swear you saw Pride herself. What leaveth he undone or unattempted, to set up his jupiter Capitoline, an Idol to be adorned in the place of Christ? And what, I pray you, be his means? Surely the same and no other whereby that Angel of darkness deceiveth the simple, counterfeiting himself an Angel of light. For so crafty is that bloodsucker Satan, that he never appeareth in his native shape, but putteth on the person of another. So he assayed and deceived Saul, 1. Sam. 28.14. in apparition of grave and holy Samuel. So seduced he Abab, by the mouth of his Prophets. 1. Reg. 22.22. So he drowned many of the jews in the Sea, taking upon him to lead them in the likeness of Moses. So in like sort at this day he exciteth and eggeth forward Paul the fift, chief Bishop on earth, Vicar of Christ, Successor of Peter, Prince of Prelates, King of Kings, Lord of Lords, Father of Fathers, head of the Church, the essential form of justice, the Spouse of Christ, the Christ of God, as they instile him, to commit murders, wage wars, become an Incendiary, be the subvertor and ruiner of the state of Venice, the most noble and ancient Commonwealth of the world, and that in the person of a reverend old man clad in scarlet robes, a Cardinal of mark, famous for learning, pretending nothing but alone the word of God. Peter's office (as you say Holy Father) is twofold, to Feed, and to Kill: Divinity not dreamed of by our Predecessors. Peter's office is to Feed, and to Kill. By what right? by what authority? Certes Christ did constitute his Apostles, Pastors, to feed that Church which himself had acquired by his blood, which also is the duty of all and every one which have any charge in the church, whereunto Peter himself gives witness, when he saith, 1. Pet. 5.1.2.3. The Elders which are among you I beseech, which am also an Elder etc. Feed the flock of God which dependeth upon you, caring for it, not by constraint, but willingly; not for filthy lucre, but of a ready mind; not as though you were Lords over the heritage of God, but that you may be ensamples unto the flock: and when the chief shepherd shall appear, (not that Arch Flamn of Rome, but Christ) you shall receive an incorruptible crown of glory. But as for that office of Killing, not any the least mention in the book of God, unless it may be in these places, where such Pastors be deciphered, as in conditions resemble your scarlet College so well, that milk cannot be more like to milk than you to them. Concerning whom we read that God of old spoke in this sort unto Ezechiel: Ezech 34.2.3. Thus saith the Lord God unto the shepherds, Woe unto the shepherds of Israel that feed themselves. Should not the shepherds feed the flocks? You eat the milk and cloth yourselves with the fat, you kill the best, but feed not my flock. The weak have you not strengthened, the sick have you not healed, neither have you bound up the broken, nor brought that again which was driven away, neither have you sought that which was lost, but with cruelty and with rigour have you ruled them. And they were scattered without a shepherd etc. Therefore o shepherds hear the word of jehova. Thus saith the Lord God, Behold I am against the shepherds, and will require my sheep at their hands; and cause them to cease from feeding the flock, that these shepherds may no longer feed themselves: for I will deliver my sheep from their mouths and they shall no more devour them. Which Prophecy you see is fulfilled in yourselves, that have lost England, Sweland Denmark; Norway and the greater part of Germany delivered from your devouring mouths, and you can no more obtrude your merchandise upon them, your Lambs of wax, Agnos Dei. your hallowed beads, your Bulls, your jubiles. But come we to the grounds whereon this paradox is built, and to those pillars that bear it up. B The Lord said unto him, Feed my sheep; and he heard a voice from Heaven, Kill and Eat. I marvel you deduce not your office of killing, out of the first word, Lib. 1. de Rom. Pontifice c. 15. Feed, seeing Bellarmine not the least among these scarlet Worthies hath found your Pope's Regal authority therein. For Homer (saith the man) in his second Ilias (from whom Christ no doubt did borrow this phrase) calleth Agamemnon once and again Pastor of the people, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. who (it is certain) slew and sent many packing away to Pluto, and therefore shared it should seem this office of killing with you. But pass we from these babbles, and come unto the oracles more renowned than the Delphian. Peter heard a voice from heaven, Kill and eat. What if he did? B Matth. 26 52. john. 18.13. He heard also from * Christ's own mouth, Put up thy sword into thy sheath; for he that striketh with the sword shall perish with the sword. Whether voice of the two, did most amate Peter? that which bid him, or that which did forbid him to kill? Either was this his voice uttered by him whom it is high impiety to disobey, whom all religion toeth to yield obedience unto, who cannot lie, nor cannot deceive. And Peter was obedient unto both. He did not cast away the keys, which Christ had committed to him jointly with the other * Apostles, Math. 16.19. and take him unto his sword, as * one of the Popes of Rome is reported to have cast Peter's keys into the Tiber, and laid hold, Pope julv the second that Butifeu of Italy. as he called it, upon Paul's swords; but subjecteth himself unto Nero's sword; and as well by example taught others so to do, as by this his express precept: 1. Peter 2. 1●. Submit yourselves unto all manner ordinance of man for the Lords sake, whether it be unto the King, as unto the superioror, unto governors, as unto them that are sent of him for the punishment of evil doers and for the praise of them that do well. Neither having received that message Kill and eat, did he withdraw himself from the society of the Gentiles, which was the scope and end both of this voice and heavenly vision. For being ignorant as then, that the ceremonies of Moses law were to be abolished, and the Gentiles to be aggregated into the people of God, without receiving the seal of circumcision, or observing of other legal rites, Christ by this vision would teach him the truth: for that sheet and vessel which Peter beheld, is a resemblance of the Church of Christ, which is said to be let down from heaven, because it is on God's providence more strongly suspended than if it were fastened unto jupiters' golden chain, whereof Homer speaketh. There be within the continent of the Church, living creatures of every kind under heaven: four-footed, flying, creeping things, clean and unclean (that is to say, which as yet Peter did not know) Jews and Gentile. That is, the mystery which in former times was not disclosed unto men, but now is made manifest to his Apostles and Prophets in the Spirit: that the Gentiles are to be made one body coheirs and copartners of the promise in Christ by the Gospel, as Paul speaketh Eph. 3. Which vision because of some obscurity in it, is farther illustrated in course of Scripture: Kill, saith he, and Eat, without difference, clean and unclean beasts. Levit. 11. per totum. For howsoever it was hitherto by the law forbidden, it is now permitted by grace in Christ: which to be the intendment and scope of that vision, Peter himself doth contest in these words of his unto Cornelius: You know it is unlawful for a man that is a jew to company or converse with one of another nation. Act. 10. But God hath showed me, that I must not call any man defiled or impure. And this is the general exposition of the Fathers, agreeing thereupon with one consent, out of whose Commentings and large enarrations Oecumenius collected those his summary notes which he hath left upon the Acts of the Apostles. His words be these: Oecumenius in Act. Aposto●●rum. The vessel which he saw designeth the world made of gross substance. The beasts of divers kinds are types of the different degrees of man. And to speak more plainly. The sheet is the Church. The living creatures in it be the Gentiles. Peter saw the Church tied and knit unto the four Evangelists, and all nations contained therein. It was said unto him, Kill and Eat, because it was necessary that even they should come unto the Church. What is here, Baronius, that concerneth that Office of killing? By this voice, and this vision Peter is commanded to go unto the Gentiles and feed them with the wholesome and lively food of the Gospel. This is with you to kill and slay. And happily for this cause you take that good course, not to preach the Gospel, lest thereby you might become murderers, or rather indeed, lest the people hating the poison of your traditions do hunger after the bread of life. But this is your manner to interpret Scriptures, upon which you stand so much, which you learned of the great professor of your school and Doctor of the chair, he I mean who in the desert, detorted and wrested (as you are wont to do) the Scriptures, Matth. 4. in his disputation with our Saviour. Such one was Boniface the 8. (of whom the saying goeth, He entered as a fox, De Maior. & obedien. unam sanctam. reigned as a lion, and died as a dog) who would prove that the Pope had right to both the swords Spiritual and Temporal, out of the evangelical writings forsooth. Because when the Apostles said, Here are two swords, the Lord did not answer his Apostles, (speaking in the Church (Hear) it is too much, but it is enough. Certainly, whosoever shall deny that the temporal sword is in the power of Peter, he regardeth but little God's word, which saith: Put up thy sword into thy sheath. Gen. 1.16. De Maiorit. & Obed. C. solitae. And Innocent the 3. by a place of Genesis doth as sound prove that the Imperial majesty is in subordination to the Pontifical. You should (saith he) have considered that God made two great lights in the firmament of Heaven, the greater light to rule the day, the smaller light to govern the night, both great, but one greater than the other. In the firmament of heaven, that is, the universal Church, God made two great lights, that is, appointed two estates royal, the Pontifical authority and Regal power, but that is the greater of the twain which is appointed over the day, that is, over spiriall things, that the less which hath jurisdiction in carnal: that we may know there is as great difference between Kings and Popes as there is betwixt the Sun and Moon. Distinct. 22. sacrosancta. In like sort Anacletus, if * Gratian say true, proved the Primacy of Saint Peter out of that place where he is called Cephas, that is, an Head and Beginning, which Etymology even * Bellarmine applaudeth, Lib. 1. de Roma. Pontif. c. 17. who affirmeth that Cephas is an head in Greek, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. whereas Cephas is not a Greek but a Syriac word, which as himself averreth, signifies a Rock. And the same Bellarmine that Captain jesuite, out of the self same place which you produce, Kill and Eat, concludeth that Peter is Head of the Church, drawing his argument, not as you do from the word Kill, but from the Commandment Eat. For saith he, It is the heads duty to eat, Bella. lib. 1. de Rom. Pontific. c. 22. Barom. Tom. 1. Annal. Eccles. and so by eating to transmit the meat into the stomach, and so to incorporate it to itself. And your * self elsewhere do bring this proof to make the use of shrining the relics of Saints within the Altars, Apostolical, because in the sixth chapter of the Revelation, the souls of such as were slain for the Gospel, are said to cry from under the Altar. But who is not acquainted with such jugglers tricks? what man will take their counterfeit glass for true pearl? Remember Baronius, that I may return upon yourself an allegory, that the Chameleon a beast, which (as they say) liveth by the air is numbered with such * as be unclean; Levit. 11. Allusion to the speech that Emperor. Fumum habet qui fumum vendidit. B and that vain man, blown up with wind, who selleth nothing but smoke is semblably unclean in the eyes of God. But to proceed: To feed the sheep is with care to watch over the faithful etc. And is it true indeed, Baronius, is the office of feeding to be confined only to the faithful and obedient Christians, and is this your will to have all refractory and stubborn ones led into the slaughter, whom happily you instile Lions, for that you fear the Lion the arms of Venice? Esay 11.6. But Esay prophesied otherwise of Christ's Kingdom. The Wolf shall dwell with the Lamb, and the Leopard shall lie with the Kid; and the Calf, and the Lion, and the fat beast together, and a little child shall lead them. The Cow and the Bear shall feed, their young ones shall lie together, and the Lion shall eat straw like the Bullock, the sucking child shall play upon the hole of the Asp, and the weaned child shall thrust his hand into the Cockatrice hole. Then none shall hurt nor destroy in all the mountain of mine holiness. We deny not but Pastors are to stand against the refractory and the disobedient, but with what arms? Spiritual not Carnal. For as Hierome once said of heresy: jeron. in prooe●. lib. 4. in jeremiam. Heresy is to be cut off with the sword of the Spirit; let us strike thorough with the arrows of the Spirit, all sons and disciples of misled Heretics, that is, with Testimonies of holy Scripture. The slaughter of Heretics is by the word of God. So we say and judge of all other vices. For the Church hath no such warrant as to use the sword of the Civil Magistrate, or bring in within her liberties politic punishments, the offices of the Civil and Ecclesiastical Magistrate being, as Christ teacheth Matt. 20. things of divers natures: You know, That kings of Nations rule over them, but with you it shall not be so. And the reason is, for that the Church is the servant of Christ no otherwise, then as Christ is the Saviour of the faithful: But Christ to procure the salvation of them, never used himself, nor permitted his Church to use, the sword of the civil Magistrate. And this is that, if I mistake not, which yourself in prosecution of your allegories add, That such killing must not be but with great charity etc. For all that we do or can conclude from hence, is this and no more, that this kill of the stubborn and disobedient is done by Excommunication, which is a spiritual and wholesome remedy. Which to grant, we must first consider, lest we err in ambiguity of words, What excommunication is, 2. By whom it may be executed. 3. Upon whom to be inflicted. 4. For what causes it is just. 5. From what communion they be barred. 6. Which be the ends of Excommunication: that any man by these grounds may determine what is to be judged of the Excommunication of the State of Venice, of which you entreat. Excommunication, one of the parts of Church discipline, the other being brotherly Correction, is of two kinds; The Lesser and the Greater: The Less is that whereby such as grievously offend against any point of faith, or manners, or good established order, are excommunicate; not so that absolutely they cease to be the members of Christ, but be only for a time restrained from communion of the Sacraments, so long as, until either their Repentance, or Faith, or Duty be judged sufficient, and public scandal be taken away. And such the * Ancients called Restrained. Abstenti. Cyprian. in epistolis. Excommunication the Greater, is an holy action of Priesthood, by which, agreeably to the rule of Christ, a brother become obstinate in his sins, is cut off from the fellowship of the faithful, cast out of the Church, delivered to Satan, that upon correction he may repent, and upon true repentance be again received, which was under the law, a casting forth out from the Synagogue. So by authority and warrant of Christ, to excommunicate is a power belonging unto all, Math. 18. and none but the True Church: to be executed by the whole Presbytery lawfully elected, to be denounced in the open face of the assembly, with their either tacit or express consent. This is proved by the words of Christ, If he will not hear the Church, that is, the Presbytery and convention of Elders, let him be to thee as an Ethnic & a Publican. The Apostle is yet more clear in this point 1. Cor. 5. When you are gathered together, and my spirit in the name of our Lord jesus Christ; let such a one be delivered unto Satan. In which place he speaketh unto the whole Church as again he doth 2. Cor. 2. It is sufficient that this man hath been censured by many. And therefore he entreateth that with one consent they receive again him who had been excommunicate. And this is the doctrine and * consent of all fathers, What, This if he mean by the Presbytery, as he calleth it. The Church practise & doctrine of the fathers is to the contrary. as in Cyprians epistles any man may read. Whereof the reason is very evident, that matters of greatest consequence in the church are not to be proceeded in without consent and approbation of the * Either or express as before. whole Church, as the practice is in civil states and affairs. For that wherein every one is interessed, (it was the saying of Pope Leo) must have the general consent of all. And what of more consequence? wherein can the whole body be more interessed, than in the cutting of one member from the body? The conclusion therefore is: No man ought to be excommunicate, without the general assent of the whole Church in which he liveth. And that Austen was of this mind, it is evident by this, that he thinketh that man should not be excommunicated, who hath many abetters and bearers out in his offence, with whom many do partake and are associate in sin, rejoicing in their follies, insulting on the godly, despising the sword of Excommunication, lest it prove the original of a Schism; and of this mind, saith he, the Apostle was. His words are: To this purpose the Apostle speaketh: If any one be named: August. Contra epistolam Parmen. lib. 3. In that he saith: If any one, it seemeth his meaning was that such a man might safely be put under censure, and for his good, who is a sinner among such as be none, that is, as be not infected with the taint of like enormity. And where he saith, be named he letteth us thereby understand it is not enough that a man be so, unless withal he be named to be so, that is, notoriously known and defamed, that all men may prove and give their consent to the sentence of excommunication thrown forth against him. For thus the bond of peace may be kept, correction be done upon him, he be stricken, not to kill him, be seared, but to cure him. To this end he saith of that man whom by such receipt he would have to be cured: The Rebuke of many is sufficient for him. Because such rebuke cannot be available, but where one is rebuked, who hath not a multitude, his fellows in sin: but if the infection be gone over many, the godly can do nothing but sorrow and grieve. Now for the persons liable to this censure, All, and Only they, who being in the list of brethren, continue in sin with contumacy. Only brethren, because that, Of foreigners God doth judge, and not the Church, as the Apostle speaketh, 1. Cor. 5. and such as never had any commiunion, cannot be cut off from communion with the Church which they never had. Again, add the stubbornly wilful, not others for them, or with them. Because every man must bear his own burden. And Austen doth in this point deservedly blame Auxilius a young man, Aug. Epist. 75. If by his own judgement & allegation out of Austen for peril of schism excommunication must not be inflicted on a multitude: if for nothing else, yet in that regard the censuring of great ones, gods on earth should not so easily have passed his lips. Azarias did not excommunicate Vsziah, but told him his duty, as the minister of God. Neither did they compel him to hasten out, but God did it; and had they done it, this was no excommunication. 2. Paral. 26. Theodoret. lib. 5. Hist. Eccles. ca 18. S. Ambrose is the only example that can with probability be alleged. But there is very much difference between his manner of proceeding and the Popes in his consistory, and the Ministers with their elders. Read the story in Theodoret. Hist. Eccles. ca 17. ex interpr. Christophorsani. and somewhat elderly Bishop, as he speaketh, because that for the sole offence of Classianus, he did excommunicate his whole family. And it is against All, that No man of whatsoever state or condition, Ecclesiastical or Civil, Superior or Inferior, may think himself exempted from that censure. The truth hereof is certain by practice in Scripture, as for instance. Azarias the high Priest cast forth king Ozias out of the Temple: by practice, in the prime age of the Christian Church, when as Ambrose excommunicated Theodosius: an act allowed of by all Churches, and so well liked by Theodosius himself, that he professed to have met with but one Bishop in deed, Ambrose, at Milan. The causes which procure it, are sins of Commission, done without amendment, against either First or Second Table. That appeareth by Christ his words Mat. 18. where he mentioneth Ethnics, Transgressor's of the First; and then Publicans, delinquents against the Second table. To which there in the 12. of Exodus, where there is charge given, that no Uncircumcised person, and in that, an offendor against the first Table, be admitted to the Passeover: and secondly, 1 Cor. 5.8. no jew who had leaven in his house, which leaven the Apostle doth interpret, of mal tiousnesse and unclean life. Where he saith. Therefore let us keep the feast, not in the leaven of malice and iniquity, but with the unleavened loves of sincerity and truth. The communion is twofold wherefrom the Excommunicate are excluded, Internal, external. The Inward is that, by which every faithful man, in faith and charity is first knit unto God, then to all the Saints and the whole body of the Church, with the bond of the spirit, which is in the Creed called the Communion of Saints, of which that place of john is meant, 1. joh. 1. That which we haveseene, that which we have heard, do we preach unto you, that you (the faithful) might have communion with us: and that our communion might be with the Father, and with his son Christ jesus. From this communion, it is not the Excommunication of the Presbytery, but their own sins which excludeth offenders. For the Prophet, as the mouth of God saith, Your sins have divided me and you. Esay 45. But Excommunication doth declare, and confirm by the Church's authority, that the irrepentant sinner is excluded and cut off from this communion. The saying of the School to that purpose is, The Church doth not damnify any man, but pointeth him out that is damnified. Even as, when in the Law, the Priest did forbid the infected with the leprosy to enter within the Congregation. This act of the Priest, did not bring the sore upon him, but only declared that he was infected: and hence it is, the if the key go not right, as the saying is, but hit upon such as be innocent, the sentence pronounced is void. external communion is of two kinds, either in Church or Common wealth. This latter concerneth negotiating, trading and commerce in matters of civil course belonging unto this present life. Excommunication doth not actually deprive a man from the benefit of this, but it remains lawful for any, in civil affairs, to negotiate with him, to do him all duties and bounden offices, such as the son should do the father, the wife her husband, the subjects their magistrate: for even to Ethnics and Pagans such natural services be returnable. Ecclesiastical communion is that, wherein we communicate together in those things which in the Church of God concern his service, as public prayer, preaching of the Word, participation of the Sacraments. This last is clearly and wholly forbidden the Excommunicare, both upon warrant of Christ his precept, Matth. 7.6. Give not holy things unto dogs. Cast not pearls before swine: as also in regard of their fruit and effects: lest happily they turn unto their condemnation, because they receive unworthily, it being the nature of the Sacrament to profit only the worthy receiver. Concerning the preaching of the word, although the unfaithful and unbelievers by warrant of the Scripture should have access thereto, He useth this word so often as being the practice where he lived. that so they may the sooner be reclaimed by repentance; yet their case is otherwise who by the Presbytery are given up to Satan. And although that in former time, they were not wholly excluded, yet neither were they licensed but respectively, as having need of rather correction than instruction, conscience than science. Concerning the end you allege very fitly Pope Nicolas saying; That Excommunication, is not poison to destroy, but Physic to recure. Which is true indeed and clean cuts the throat of your kill office: unless pardie with you to kill and to heal are two words of one signification. For without all question Excommunication and brotherly correction have both but one end; which end is this, that A brother may be gained, if it be possible, the Church edified, the glory of God thereby advanced. So saith the apostle in express words: 1 Cor. 5. First it is his purpose, to deliver up to Satan the incestuous person for the mortifying of his flesh, that his spirit may be saved. And secondly, the wicked man is rejected from Communion with the faithful; jest the Church might happily partake in his infection. His words be these: 1. Cor. 5.8. Cast you out therefore the old leaven that you may be a new lump. Know you not that a little leaven leaveneth the whole mass? Hereout the third God's glory, will easily be advanced, for when misbelieving Infidels shall behold that wicked and notorious offenders be in no case tolerated in the Church, it cannot be but they will greatly commend the founder thereof jesus Christ our Lord. These things premised, so pregnant that they stand without contradiction; let us see their agreement and coherence with the practised excommunication in the Papacy, which will appear void and a mere nullity, Brutum fulmen rather than a censure of the Church, or an holy and sacred action. First, it is a right resting in the whole Church. But the Pope claims it absolutely for his own peculiar, so far as he may absolve and excommunicate at his pleasure, yea actually doth both bind and loose, Francis. Vargas in R●sp de iurisdict. Episcop. in the most remote places from him. The power (saith Franciscus Vargas) resteth only in his hands, to Excommunicate, Absolve, Dispense, Reserve cases, Confer Indulgences, Benefices and such like, to make Laws, enact Statutes, punish, reward, rule and moderate the Higher archie of the Church. All which power, and if there be any other of like nature hereto, is thought to be derived upon Inferior Bishops from the chief Bishop alone. And not only so, but to rest in him as in the Original and sure head; from whom all other do receive that whatsoever which they have. As though Christ the springing Well of life, or those Fountains from whence we are willed by Esay to draw forth salvation with rejoicing, Esay 12. were dried up, and no hope to attain eternal life, but by recoursing to the cisterns of Rome. Thus never did the ancient Counsels decree, it was not their intent that all power in the Church should be confined upon this proud Tarquin. Read and observe but these Canons: The 6. of the Nicene Council: Let ancient Customs be retained. Concil. Tom. 1. The Churches in Lybia, Egypt and Pentapolis, let them obey the Bishop of Alexandria, seeing this is the usage in the Church of Rome. In like manner throughout all other provinces, let the metropolitans of Antioch and jerusalem retain their rights and privileges without impeachment. What singular privilege or prerogative hath the Bishop of Rome bestowed on him here, beyond the other his equal Patriarches? The 13. Canon of the Council of Antioch. Concil. Tom. 1. Let no Bishop dare to pass from Province to Province, and give orders in Churches there, unless he be sent for by the Metropolitan and the Bishops that be with him. But if not being sent for, or called at all, he shall inordinately and insolently presume to go and give Orders, make Ecclesiastical constitutions, whereto he hath no right, let there be a Nullity of all his acts, himself be put under censure for his insolency, and punished for his unreasonable attempts as condemned by this synod for such his presumption. What more can we say unto the Bish. of Rome, who violently intrudes himself without being sent for into all causes in all Churches, taking every occasion to intermeddle so insolently and impudently as he doth? Of the same argument be the 15.21. and 22. Canons, which expressly forbidden all Bishops to enter upon or meddle with aught in any Diocese beside their own. What need we more? Can. 6. In the Aphrican Council there is a Prohibition that the Bishop of the first Sea be not called Prince of Priests or chief Priest, or by any such like title as these, but only Bishop of the first Sea. And the 92. Canon of that Council provides that no appeals do stand good which are made unto places beyond the Sea, (that is to the seat of Rome) and if any man shall appeal, he is to be excluded from communion with any within the bounds of Africa. And hereof there were letters written unto Caelestinus the then Bishop of Rome, wherein the Africans entreat him, that he would forbear from thence forward to receive into Communion with him, any man excommunicated by them: which should be derogatory to the authority of the Churches of Africa, and the Canons of the Nicene Council. For, say these Fathers, very wisely and equally have they provided, that matters be determined there, and not else, but there where first they had beginning. That it was not to be doubted, but that the spirit of grace would be in such sort present in every province, as to enable the Priest of Christ wisely to see the truth, and constantly to follow it being seen, especially seeing it was denied none, if he were aggrieved with the sentence of his Ordinary to appeal from him to a provincial or to a general Council, unless perhaps a man can imagine that God can give several men discerning judgement, and deny it, or not give it unto many convening together in a Council. And so the first Nullity in Excommunication Papal is, the incompetency (as they term it) of the judge, therefore Incompetent, because he usurpeth on an others right, which the Schoolmen themselves agnize as sufficient, to annihilate the sentence of Excommunication: upon the 4. book of Sentences, and 18. Distinct. A second Nullity is, that Excommunication is by the Popes denounced against Innocents', as well as Nocents. For they use to punish not them alone against whom their quarrels lie, but for some one, or few men's sake they rage against Cities, Provinces, whole Kingdoms, as is to be seen in their Bulls, where Excommunicating Kings, Princes, or Magistrates; they ensnare together all their Subjects; which wickedness the Lord doth condemn by his prophet: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ezech. 18.20. The son shall not bear the father's sin, but the soul which hath sinned, that soul shall die. But this destroyer curseth down to Hell and devoureth to perdition, not only the son for the father's fault, but only whole families, * which Augustine condemned, Epist. 75. but populous cities, whole kingdoms, for the offence, if yet offence, of their governors. Wherein there is some odds between Christ and him, whose Vicar nevertheless he needs will be. ●uk 19 10. For * Christ saith, he came to seek, and to save that which was lost: but the Pope little prizeth myriads of souls bought and redeemed with Christ's blood, so be, he may reign, and Lord it alone. Christ proclaimeth himself The anointed of jehova, Esay 61.1. to comfort such as mourn in Zion, to give unto them beauty for ashes; the oil of joy, for mourning; the garment of gladness for the spirit of heaviness, that they might build the old waste places, and raise up the former desolations, and repair the cities that were abandoned and waste through many generations. But the Pope turneth upside down Commonwealths settled well and in peace, changing mattocks into spears, scythes into swords, and sheathing swords in the bowels of men, Leo the 10. in whose time lived his like, and was a retainer unto that house, I mean Angelus Poli who used to say merrily unto his fellows, Let us go ad audiendam fabulam de jesu Christo. In effect, Let go to Church. forcing kings to quit their kingdoms; altering states, laws, times at his pleasure; treading under foot the crowns of Emperors, by pretext of excommunication, forcing them to leave their seat royal, and lay their necks under his feet to tread upon. The third nullity is from the causes of Excommunication. For tell me, whom ever for Idolatry, or for Atheism did he excommunicate? These impieties pass without controlment even at Rome in the Pope's Court, which every man knows that hath read their stories. For to say nothing of Idolatry, which by prescription in the Roman use, is now received for Religion; was not that Pope a flat Atheist who in a passage of speech with Cardinal Bembo, called the Gospel of jesus Christ a fable? And what, I pray you, cause was there at all why Henry the 111. the most Christian King of France, should so be censured, unless for his too great zeal & forwardness, in the superstitions of Rome? For as one said very truly: At Rome you may be what you will, So that you be a rakehell still. But lest happily I seem over severe, against transgressions in the first Table; hearken what some ages since, an eywitnesse did write: I took a journey to see Rome, and since I did it see I have enough, Then farewell Rome, I'll come again to thee When Pander, Brothel, Buffon, or a Cynede I shall be. And lest I be said to produce nameless authors; do but mark, what Baptista Mantuan, a Carmelite Friar, hath written of the manners and customs of Rome. S. Peter's lust worn family, in riot waste their days, Exiling far all honesty, when buffoons rents do raise Upon Gods own inheritance, when hallowed altars feed Lewd losels, and lose Catamites, within his Church do breed. What marvel though they rise in wealth, and houses build on high, If Tyrus sends them scarlet gowns, Th'arabian spicery And frankincense? they vent out much, temples are set to sale, Priests, altars, prayers, crowns are sold, yea heaven, nay God and all. But what do I insist in this, when as johannes Casa Archbishop of Benevento and legate Apostolic with the Venetians in the days of july the 111. wrote and published a book in Print in Italian rhythmes, Taxa Cancellariae Apostolicae Luter●e apud Toss. Dionysian. ●520. therein extolling the sin of Sodomy. And to conclude, The taxing of the chancery of Rome, may witness without all contradiction, in what low account be at Rome the most grievous and capital offences. The words of that book are these: The Absolution for him who hath carnally known a woman in the church, Grossus, is the 8. part of an ounce, a small fine for such a fault. gross. 6. The Absolution for him that hath had carnally to do with his own mother, sister, gossip or kinswoman, gross. 5. Absolution for him that hath killed his father, mother, sister, brother, or other of his kin, if he be a lay man (for were any of them a Clergy man the murderer must be tied to visit in person the Apostolic sea, gross.) 6. or 7. at most. Absolution for a woman which hath taken down any potion whereby to destroy the Infant conceived within her, gross. 5. Not to run upon particulars, no sin so enormous, but with money may be wiped out, without money no remission. For as the old rhythm hath it: The Court of Rome but for the fleece Seeks not the sheep at all: Opening the door to all that give, But th● empty stand and call. Or if you had rather hear the Taxing of the Apostolic Chancery, thus saith that book: Note you diligently that such graces and indulgences be never granted unto poor men, who because they are not, cannot be comforted. These are not those times, you shall know, wherein it was easier for a Camel to pass thorough the eye of a needle, than for a rich man to enter into the kingdom of Heaven: But these are golden days indeed, in which Heaven is purchased by gold, and shut against the poor man, because he hath no gold to buy it. To the purpose. Papal Excommunication, is commonly grounded upon these or such like causes: Private Hatred, The Pope's Credulity, or else Ambition. Paschall the Second Pope of that name, when Henry the Fift Emperor Elect came (as the manner was) to Rome to receive the Imperial Crown of the Pope's hand, raised such hurlies against his Prince, as put him to stand upon the guard of his life, and brought him to the hazard of his State. When matters were taken up and pacified, and the Emperor and Pope agreed together, the Pope gave his word not to assay to do aught which any way might prejudice the Imperial Majesty; secondly to return back again the right which they had in bestowing of Bishoprics. For farther confirmation of which protestation, when he received the Sacrament with the Emperor, he is said to have used this execration. Let him so be divided from the Kingdom of Christ, that shall go about to break this agreement, as this part of that life-giving body is divided. And yet for all this, scarce had the Emperor gone out at the City gates, when as the faithless and treacherous Pope, reversed whatsoever he did before, cast Excommunication out against the Emperor, and set new work in hand against him. Abbess Vrsperg. in P●●lippo. Innocent the 111. dealt as sluttishly with the Emperor Philip, denouncing him Excommunicate for no cause else, but for pretence of his Predecessors cruelty. And when the news was brought him of the man's election to the Empire, he broke out into these frantic and bedlam speeches: Either shall the Pope take Crown and Kingdom from Philip, or Philip from the Pope his Apostolical honour. It is impossible to sum up into a breviary the froward and tyrannical Popish designs and practice against Emperors and Kings, Princes, and Magistrates; only two examples shall be all I will touch, which both evince his great abuse of Excommunication, and touch the Venetians more near than any else, discovering the long since practised tyranny of the Popes against them. At Avignon, where it was for 70. years and more. Pope Clement the fift, who kept his Court * in France, understanding the Venetians had taken in Ferrara, presently upon the news became stark mad, and without delay thundered out his Excommunication against them; giving leave unto any man by fair means or soul to kill as many as he could, Pabel. Lib. 7. Decad. 9 being now judged enemies of the Roman church, and cast forth from the communion of the faithful, Supplementum Chronichorum. giving liberty unto all Christians whosoever, to arrest the Venetians wheresoever they met them, to confiscate their goods, sell their bodies as slaves in the markets: which turned so far unto their loss and detriment, that the State could not trade nor negotiate with any strangers at all, till at length Francis Dandalo being sent unto France, from the Senate unto the Pope, and with much ado admitted unto his presence, putting an iron chain upon his neck, lay under his table, as a suppliant so long till he got this ungentle Clement to yield to let fall his moodiness and restore the Venetians to their former state. For which he was after that called the Dog, because as a dog he lay chained under the Pope's dining table. The second example is of Pope Sixtus the Fourth, who proclaimed wars against the King of Naples, for helping Hercules of Este, Duke of Ferrara against the Venetians, whom the Pope did abet in that quarrel with his spiritual and temporal forces. Platina in vita Sixti. 4. But after their agreement with King Ferdinand, the same man with the power of Appulia set upon the same Venetians, whom he before had favoured: and not content, stirred up against them the Princes of Italy, as many as he could, Supplementum Chronicorum. sentenced them with his Spiritual curse, deprived them of all their, whatsoever Dominions, to the utmost extent of his power: Neither in his life time could they obtain to be released, having not any cause or pretext for his doings more than that he feared their growing too great, would put himself and other Italian Princes to have cause to look near unto themselves. This was in his time a most holy Father, Petro à Rwiere joan Textor. Wessel. Gron de Indulgent. whose base borne son, a worthy Imp of such a Sire, Peter Cardinal Priest of Rome, Patriarch of Constantinople, Legat a Latere for the Pope, prodigally stantinople, Legate a Latere for the Pope, prodigally lavished in two years space 300000. ducats in luxury and vain expenses, who also together with the Cardinal Saint Lucy, interceded with his Father for themselves, and their families, to have male stews permitted them the three hottest months of the year, and had a grant from that most holy Father Sixtus, with this clause: Be it unto you as you desire. But it will be replied: It is a new world now, and other manners are now in use. And this new world begun and hallowed with their jubilees, not at Rome alone, but every Hamlet and Village under Roman obeisance hath brought us new causes of Excommunication. But pardon me. The grounds upon which the Venetians be excommunicate, are not any whit better than those we have rehearsed. For neither is (I trow) the State of the Romish religion in hazard there, whereto the Venetians are most zealously inclined, nor yet that obedience due, as they call it, to the Apostolic Sea: from which they profess and protest unto the world they detract not any thing, which is theirs by divine right. Neither is it any question of manners, after which though never so corruptly depraved, the Pope makes no inquisition at al. But it is a question merely political, with which the Popes should not intermeddle, if they do lust to give ear unto Christ his Commandment, Math. 20.26. or were disposed to follow his example, who though invited, would not have any thing to do with civil cases and legal controversies▪ Luc. 12. A fourth Nullity is, in that Papal Excommunication, doth not only forbid the parties censured, all Ecclesiastical Communion, but over and above, all Politic and Civil: See the Bulls of Paul the iii ag. Henry the viii. of England. of Sixtus 5. against King of Navarre, and Prince of Conde. and of Pius 5. against Queen Elizabeth. as namely that in Marriage, expressly against the Apostles decrees, 1. Cor. 7.8. and lawful subjection unto Magistrates. For it is their manner in their Bulls Excommunicatorie, to absolve the subjects from their Oath of Obedience, and any other bond or duty in which they be tied: to expose the possessions and goods of Princes as a pray and a spoil to any that will seek them, so as it shall be lawful without denouncing war, proclaiming hostility, by secret practices, or open force for any man to pursue, to apprehend or murder them, to deprive their issue of all right to succeed, and make them infamous and uncapable: to Incite the Nobility and Commonalty to arms, Interdict the suspended from any commerce or negotiation with other nations: to determine the leagues and articulations of Princes, and States made with them, to be void and of no validity; and lastly, to forbid them Christian burial. Which, what is it else but in detestable sort to violate the law of Nature and Nations, to set up injustice every where, to teach children to hate their parents, subjects to be perjured, perfidious, rebellious, disoobedient, and practise such Papal virtues as these? And therefore it was not without cause that Laurentius Valla a Putritian of Rome, said: That Rome was a school wherein men learned to lie, to deceive, swear, forswear. Christ taught no such lesson, Matth. 22.21. when he bade; Give unto Caesar the things that be Caesar's, and unto God that which belongs unto him. It is not the doctrine of Saint Paul, Rom. 13.1. who willeth every soul to be subject unto higher Powers. Whether Apostle, or Evangelist, or Prophet, or whosoever he be, saith Chrysostome; for this subjection doth not in any case cross our piety. Peter gave no such command, when he willeth servants to be subject in all fear unto their Lords, not unto the good and gentle alone, 1. Pet. 2 but even the froward and perverse. Happily it will be said, but not Excommunicated. Surely yes, if the person which stands Excommunicate, be not any otherwise to be accounted of, then as an Ethnic, and a Publican: with whom in civil negotiations the jews did not refrain to communicate. For living in and under an * Ethnic state, The Romans by deputies. they yielded obedience unto they positive laws, and to the Publicans (Farmers of the common revenues) they paid Customs and tribute money, trading also with them in other things. Which right whensoever the Popes of Rome went about to infringe by thundering curses and Excommunications, God from Heaven hath disclosed the fearfulness of his vengeance against the forsworn Traitors: as is plain in that miserable end of Ralph Duke of Sweland, Antoninus vita Henr. 4. Abbas V●sperg Hen. 4. & alij. whom Gregory the seventh did set up in place of the Emperor Henry the Fourth. Which Ralph, being at the will of the Pope crowned by the Archbishop of Mentz, wretched man that he was, for in am of a vain crown which stood not long upon his head, he underwent an infortunate cross: being vanquished in fight by his Prince, who when he yielded up the ghost, showed his right hand cut off in fight, as a memorial of his treachery unto the Bishops his Instigators, using withal these words: See you here that hand with which I bond myself by solemn oath never to injury, never to contrive against my Lord Henry: which oath to break, your persuasion, and the Apostolical commandment hath induced me. Behold and consider, in how right a course ye have led him that was content to be ruled by you. The fift Nullity of papal Excommunication remaineth behind, to be drawn from the end of that Censure, which is the saving of his Soul, in setting forth the glory of God, procuring the good of the Church. These ends how little root they have ever taken (time out of mind) in the Popes of Rome, all good men have well noted, and many, not the worst have deplored. Roderigo bishop of Zamora, Roder. Zamor. lib. 2 spei vitae hum ca.▪ 3. Castellane that is, keeper of the Castle Saint Angelo. * Castellane & Referendary to Pope Paul the 2. in his book entitled, The glass of man's life, where he speaketh of the anxieties & cares which do accompany all Popes, hath these words: Their first let and hindrance are domestical cares, than their unjust desire, or to speak plain, greedy greediness, to advance their kindred, and which flesh and blood doth reveal unto them, to perpetuate their lineage, kindred and name. The house of Parma at this day from Paul the third a Farnescan. For so have some Popes been resolved to make themselves the roots and raisers not of one but many noble and famous houses, the first progenitors of mighty Princes. Such aspiring desires, want not the Precedents of ancient Popes, much less shall they want fautors and furtherers. Learned and unlearned will persuade them to it, some will cite fables, some allege Scriptures and detorted authorities, to tickle the Pope's itching ears. (Hear him what he saith (good Baronius) and learn of him what counsel to give your Pope Paul.) Lo, will they say, What man ever hated his own flesh? For Christ himself whose actions every Pope his Vicar should follow, when he loved his own, loved them unto the end. He exalted those that were allied unto him. But whether did he exalt them unto the cross. Caesar Borgia. Guicciard. lib. 4. Hist. Ital. And this mind doubt had Pope Alexander the sixth, when he raised his son Caesar, from a Cardinal's hat, to the royal dignity of Duke of Valentia, by profane chaffer of holy things. For (saith Nicolaus de Clamengijs, speaking of Popes) when exceeding great abundance of worldly plenty and insatiable avarice, associated with ambition, had seated themselves in Clergymen, treading down the virtuous branches of ancient better days, as it could not but fall out, so it came to pass, Pride made themswel, desire of great place puffed them up, they wasted their days and bodies in wantonness. Three Lords they had cruel exactors to content, Luxury first, which exacted upon them, the pleasures of wine, of sleep, of feastings, of music, of jugles, of panders, of whores. Secondly Pride, which would have the pompous pageantly shows of high storied houses, Castles, Towers, Palaces, royal and gorgeous furniture, gay apparel, horse's retinue. Thirdly, Avarice unsatiable, which provided and stored up heaps of coin, to maintain the premised bravery; or at least if that needed not, to feed their eyes, and give them content in viewing the stamp of their come. To fulfil the behest of these Lords, and accomplish all their desires, the golden age of Saturn (whereof the Poet's fable) would uneath suffice, if again the world might behold such times. And because not any though never so fat a Bishopric, is able sufficiently to content these three Harpies, they have bethought them of other helps and furtherances in the case. For the Pope's perceiving, how that the profits and revenues of the Roman Bishopric, the Patrimony of Saint Peter greater than kingdoms, though none indeed very much impaired, by their negligence would not be enough to maintain the credit and height of that State, which they as Emperors and kings of Nations were determined to exalt: therefore they have intruded upon other men's flocks which brought forth young in multitudes, yielded plenty of wool & milk. Thus you see the causes which moved the Popes to try so many ways to bring them in treasure, abusing their office and pastoral charge in every particular point thereof: as if Christ had commanded them not to feed the flock, but to fleece them, to slay them, to bowel them, to eat them. For to begin with their encroachments: they have not only seized the creation of Bishops, and collations of all Ecclesiastical dignities into their own hands, abolishing the ancient right of elections; but (to speak in the phrase of Nic. de Clamengijs) that the golden currents might flow more abundantly from all parts of the world into their Court, they have debarred & deprived all Diocesans & Patrons of their right of presentation, or any way disposing of their benefices; forbidding upon pain of their curse (see what use they make of excommunication) that they be not so presumptuously bold (for in such terms their rescripts do run) as to institute any man unto any benefice under their charge, until those were provided for, every man, or did refuse to accept that benefice, unto whom they had given any advousins themselves in reversion. Since which time, good God, what swarms have there been in all places, at all times, of those that have gaped for such presentations! Men taken not from the study or from the schools, but from the plough and manuary trades, to have charge of souls and pastoral cares committed unto them. Men that understood the Arabian tongue aswell as they did the Latin (a perfect pattern of our times) that could hardly read, nay more, I am ashamed to speak it, not able to know A from B. And these exactions not yet sufficing to satiate the raven of the Romish Popes and Cardinals, The words at creation of a Cardinal be: Esto Princeps mundi & frater noster. ten thousand shifts were yet further invented to get and heap money unto their coffers, whereof this is no place to speak. For the College of Cardinals growing daily greater, the burden grew greater upon all countries, Because it it was held an absurd thing, that such as were advanced to that place in the Church, as to be fellows unto kings, should not be provided in answerable sort, but stand as hungry and starveling mercenaries. So that to maintain and bear out this pride, all States both Temporal and Ecclesiastical were oppressed. From hence came the retaining of so many benefices and preferments, in nature repugnant one to another, while the same man is, both a Monk and a Canon, Regular and Secular, under one several habit, having & enjoying the Rights, Degrees, Offices, Benefices, of all Religions, Orders, Professions. Insomuch as that speech spoken of the jesuits, A jesuit is a man of all professions, may better be fitted unto the Cardinals. Peter of Aliaco Cardinal of Cambray in his book of Reforming the state of the Church which he wrote and presented to the Council of Constance, is very earnest to have these abuses taken away, where he calleth those Pluralities of Church-livings, a monstrous, and many ways scandalous offence. This is the cause why jubilees and Indulgences be so dearly bought, See the hundred grievances of Germany. grieu 3. that they draw forth the gold & godly life of whole kingdoms, as the Princes & States of Germany complained at the Diet at Norimberge in the year 1522. Their gold is purloined, being by the impious Collectors of Rome transported out of the country into Rome, godliness is banished and clean extinct, while men presuming upon absolution, let loose the reins of liberty unto all impiety. To conclude, this bottomless pit of greedy desire hath sent forth excommunications and cursings against Princes and Magistrates, as may plainly be evicted by these examples. Gregory the ninth charged Frederic the Emperor, that upon pain of the church's censure, he should with all expedition and possible speed, Platina in the life of Gregory the ninth. pass into Asia against the Infidels. And because he was thought to make no very great haste, as he had threatened, he accursed him indeed. Frederic appalled at this proceeding, besought the Pope that he might be assoiled, but could in no case obtain it, till he had paid in, to the vie of the Church of Rome 120000. ounces of gold. King john of England, standing excommunicate by Pope Innocent the 3. Paulus Aemilius. Platina in the life of Innocent the 3. fearing the French King would get his kingdom from him, whom the Pope had incited to war against him; that he might be received into grace with his fatherhood, was constrained to make England and Ireland his tributary States, and for them to pay yearly unto Rome 100 marks of gold: which Peter (whose successor he vaunteth to be) I think would never have done, who so constantly refused Simon Magus money: Thy money be together with thee to perdition, that supposest Gods gifts can be bought with money. Their chaffaring of holy things so as they do, is proof they succeed Simon, not Peter, but Magus. And to draw all unto an issue, By a statute of 〈◊〉 as it were. what other cause in truth is there now of this their contending with, and excommunicating the State of Venice, but this, that the careful wise Magistrate would restrain in some small measure that Romish ravine and insatiable rapine? And so your Pope's censure, o Baronius, being clearly proved so many ways void, ought not in any sort to be feared, especially now in these days of ours, in which the light of the Gospel hath certainly disclosed what is the true use of Excommunication, which for so many ages past, the Popes have, by exceeding strange illusions, changed into a most impious tyranny. Plinius lib. 8. ca 16. They writ, that the Lion a fierce and cruel beast, is exceedingly afraid of the running of cart wheels, and empty coaches, but especially trembles at the sight of fire. These Lions of Venice are not so, who often heretofore being deluded with the vain rumbling of the Papal cursings, have termed now at last, Galli, alluding to the French in the ambiguity of words who heretofore sided with the Popes against Venice. The Arms of France. Saint Antony's fire. Lib. 22. cap. 19 muhrooms much eaten in Italy, and have a poisonous quality in them saith Atheneus. But he meaneth the pride and vanity, the word being fungus. In fasciculo rerum expetendarum. that your fire is no better than a painted flame, and the thundercracks of your terrible Salmoneus, no more to be feared then children's rattles. For so long as the Cocks set not up their combs, not affright with their crowing, the howling of these night birds are but toys. Or what cause is there why the Lions of Venice should be afraid of your fire who carry about them Lilies, an excellent remedy, as Physicians writ, against the disease called Ignis sacer; and not so alone, but as Pliny writeth, against the stinging of serpents and poison of muhrooms? Indeed I confess the lightning of God's servants is not rashly to be vilepended, and yet there is no cause to stand in fear thereof always, especially when, as Vdalrichus Huttenus a knight of Germany writeth it proceedeth from human passion. I tremble at the indignation of Christ; I fear not the displeasure of the Pope; and this is not Christ's cause, but the Pope's quarrel. These nets are not cast to catch souls, but to draw in gold and silver: for seeing that the late Censure of Clement the Eight against the state of Ferrara, thrived so well, as to enlarge Peter's patrimony with an access, of not a sew towns these Scarlet Fathers have made themselves a promise, that this against Venice shall speed as well. But I wish them take heed, lest Ill counsel fall heaviest on the givers. johan de Mandevilla lib. 1 Venetians by their long continued trade with the Grecians, may happily have learned to answer Paul 5. to the same purpose as the Greeks' sometimes did john the two and twentieth: We believe thy authority is within thy own dominions supreme: we can not endure thy pride, which is extreamen: we are not able to satiate thy Avarice. The Devil be with thee, because God is with us. Now therefore to return from whence we have digressed: by the premises (Baronius) you may perceive, the vanity and folly of that your exhortation which you annex unto your Pope. B Go on then a God's name holy Father, as you have begun, & suppose not that no man can justly tax your too much hastiness, etc. For it had been your part first to have proved the thing right and honest, whereto you would lead him, which failing to do, you shall have no thanks for your idle attempt in seeking to match Paul your Pope in equal terms with Paul the Apostle of the Gentiles, much less to prefer him before, and incite him as you do, to proceed. There is no delay can excuse, much less commend that which originally was unjust: nay rather, the longer debated & demurred, the greater the fault in execution. But this palpable flattery makes me remember a worthy saying of Roderigo Bishop of Zamora: In spec●ritae hum. lib. 2. c. 3. The Pope though he hath all things a yet evermore stands in need of one thing, viz. a faithful Counsellor to tell him the truth: For from the highest unto the lowest, every one is given to soothe him up, they tell him smooth tales, but all to deceive him: Cunningly they advise him, for their own advantage: Fraudulently they supplicate to attain their own wishes; and for that flattery is associate with guile, as every man can tell, they combine among themselves like crafty companions as they be, not to cross or thwart the one the other. And as the scope of an Orator is to persuade, the end of Physic is to recure; so the intent of a flatterer is to colour and deceive. The fowlers call is a pleasing note, but the end is to deceive the bird: And as Jerome said once; Poisons are given mixed with honey. These are the men that make God and the Pope fellows, ascribing some Deity unto him. But and if I mistake not the truth, the Popes should indeed herein show themselves like God, if they would command such Varlets to the halter; but out of all doubt, true servers of God, if such coosining deceivers were well punished for their pains. So far that Bishop. But that which I marvel at most of all, is, that Baronius, a man who knoweth all things, the skilfullest antiquary in the Church stories that liveth, the man, who when first he gave his mind to write, Genesed out of Terence. set it down as his principal intent and purpose, that the lies he committed to the press, might find acceptance with the vulgar sort, that he should set down so barsh a comparison of Paul the fift, with Gregory the Seventh, and Alexander the third; whereof the first was the vilest Varlet that ever sat in that sea, and the latter to be detested for his intolerable pride. B I for my part, (so you say) do profess ingenuously that I rejoice in my Spirit, I will say with the Apostle, I do overabound in joy. And let me also speak in the Apostles words: Act. 23. God shall smite thee thou painted wall, that darest belch forth of thy unsanctified throat the words of so great an Apostle, who as truly canst say with a pure conscience which he once spoke, I use great boldness of speech toward you, 2. Cor. 7.4. I glory greatly in you, I am filled with comfort, and am exceedingly joyous in all our tribulation, as thou canst those former words of the same Apostle, I have wronged no man, I have corrupted no man, I have defrauded no man: when the words thou speakest, these very words, are only to wrong, to defraud, to corrupt. B But let us hear the just cause of this so supera bounding joy. * When I behold in my decrepit age Gregory or Alexander in Peter's chair. Hear o you Kings, hearken o Princes, give ear o Potentates of the Christian world; by the testimony of Caesar Baronius, a Reverend old man, a sincere Cardinal, an eye witness, a man of credit, Gregory sitteth in Peter's chair, not (you must know) Saint Gregory the first, whose Christian speech this is; I speak it with confidence, Greg. in epist. lib. 4 epist. 30. whosoever he be, that names himself, or would be named, universal Bishop, in that his pride, he showeth himself the forerunner of Antichrist, that advanceth himself beyond all equals: who calleth the Title of Universal Bishop, wherein the now Popes do so much glory, a Swelling, a new name, a word of rashness, See the 2. and 24. episties of the 4. and 6. book. Proud, pompatical, Perverse, Superstitious, Profane, Impious, a Name of Error, of Singularity, Vanitte, Hypocrisy, Blasphemy. That Gregory, I say, the first of his name, who wrote with such reverence of Arian Princes: Lib. 7. epist. 1. Whereof I would have you inform your gracious sovereigns, Lib. 7. Ep. ●. That servant, would have made myself a party in contriving the destruction of the Lumbards', there had not been any nation at this day of that name to have had either King, or Duke, or Earie. But because I fear God, I dare not make a party to destroy any man. This is not the man who sits in Peter's chair, but, at which my heart trembles, that Gregory, who first was called Hildebrand, as much as, see Antonin. p. 2. Benno the Cardinal, of the life, and acts of Gregory the VII. otherwise called Hildebrand the life of Henry iiii. Sigebert, and others. A fire brand of hell, Gregory, I say, that conjuror, the Monk, who cursed the Emperor Henry iiii. and made him come unto him so far as Canusium, without his robes royal, in woollen cloth, bare footed and bare legged, in a sharp winter, and there for all the means he could make by himself, by mediators, in most base sort submitting himself, yet made him dance attendance three whole days. Who having at last received him to grace, upon another forged quarrel, did accurse him again, deprived him of his ancient hereditary right in collation of Ecclesiastical preferments, and made that most unequal and intolerable constitution, which princes should in no case suffer: If hereafter any man do receive the investure into a Bishopric or an Abbey, at the hand of any lay persons, let him in no case be held as an Abbot or Bishop, nor have audience, as an Abbot or Bishop: and moreover we deny him the grace of S. Peter and forbidden him to come within the Church. That Gregory who absolved the Princes of Germany from the oath of allegiance which they have taken, causing them to take the field against their sovereign and lawful Prince by him deposed: setting up Ralph Duke of Sweveland in his room, unto whom he sent a crown of gold with this motto: The rock to Peter gave the crown Peter to Radolph sends it down. That Gregory sat in Peter's chair, who at length was abandoned of his own men, saw the city of Rome surprised, himself laid prisoner in Crescentius or Angel's Castle, after that exiled to Selerno, where he confessed his capital treason against Saint Peter, God's Church, his Lord the Emperor, which by the devils persuasion he put in practice, and so in horrible anguish and torment of mind miserably ended his wretched days; having formerly in the Counsels of Brixia and Mentz, been deprived of all Papal dignity, condemned as a breaker of good orders in the Church, as a disturber of the Empire, a sour of scandals, a church-robber, a magician, a relapse from the saith, given to divinations and to sorcery, one that had a familiar spirit with him. And as for Alexander the third, his pride intolerable appeareth hence. Frederick the second of that name, being by him formerly excommunicate, came unto Venice to make his peace with him, promising to under go any penance; the agreement passed between them so, Alexander the Pope standing in the door of S. Marks Church, in the view and sight of all people, bade the Emperor cast himself down upon the ground, and there in open audience desire absolution, which he accomplishing, the Pope setting his foot upon the Emperor's neck, said these words: It is written, Psal. 91. Thou shalt walk upon the Asp and the Basilisk, thou shalt tread the Lion and the Dragon under foot. The Emperor hereat protesting he did it not To him but to Peter, the Pope replied, Both to me and Peter: putting himself not only above the Emperor, but before S. Peter also. And these are the men, Gregory the VII. and Alexander the III. whom Baronius calleth, the Principal roots of the decayed liberty of the Church. And with whom he dareth match Paul the Fift, present Pope. Surely it bodeth no good to Kings, to Princes, to the Christian world, unless he miss happily in his parallels, which I rather think the man did, than that the Christian world should fear any such vain conjectural opinion. And he had almost been in the Conclave of Leo the eleventh, wanting but 5. or 6. voices. But so the case standeth, Baronius, if he will be some body, I had almost said, if he will be Pope, must resolve upon somewhat worthy the halter, or the hangman. But happily here he will except and say, The Emperor Henry was a most froward and perverse man, and so worthy to be handled as he was by Hildebrand. But sure both are false: For neither was he such as you defame him, nor if he had been, was he so to be used of Christ his Vicar, who ought to have hearkened unto his Master's words; Matth. 11. Infasciculo rerum expetendarum. Learn of me, for and humble minded. That the Prince was not so, appeareth by his life, written by one that lined in those days, not very long after his death: where he giveth him high commendations, for his love to God, liberality to the poor, just carriage toward all. I have not, saith the writer, any private cause of grief, piety compels me to bewail the public loss; when he left us, justice left the earth, peace went away, treachery succeeded in place of faithfulness, the Choir of God's servants held their peace, etc. Monasteries lost their patron, Cloisters their Father, etc. Alas, what a loss hadst thou o Mentz, in so worthy a workemaster, to repair the ruins of thy Monastery! Had he lived to consummate the work begun in thee, he had made it answer able to that famous pile at Spire, where he raised the Monastery from the ground, and brought it to perfection, so huge a piece of building, so beautified exceedingly with excellent ingraverie, equal, nay exceeding the praise and commendation of all the antic monuments of kings etc. As for you poor people, you have cause to grieve, for now you are become poor indeed, having lost your comforter in your poverty: he fed you with his own hands, he washed you, he clothed all your nakedness; Lazarus lay not before his gate, but was set down at his table. But with you, Baronius, as to Kill and Feed is all one, so is there no difference between piety and perverseness: or to speak in plain terms, Those are the Perversest men alive with you, who take a way knowledge of your perverseness. But it is no marvel this good Emperor is so styled by you, who durst sharpen your railing pen against Henry the iiii. the presently most Christian French King, by the hand of God preserved hitherto, to survive all murdering emissaries suborned against him, and worthy to line Nestor's years. For if you remember, in the Epistle to Panigarolla prefixed before the first Tome of your Annals, speaking there of the siege of Paris, 1. Tem. An. ex editione Mogunt. 1601. a a town that stood against the King, thus you writ: But yet at length, though somewhat late, wicked Benadad, so you term his most Christian Majesty, in vain assaulting that City, wherein Eliseus you mean Panigarola, the firebrand of war and Doctor of treason, seeing all his hopes dashed and come to nought, hath left the siege and is dislodged: which words, lest they might incense the King, are, I know not by whose advise razed one of that copy, which is in the King's library at Paris, the leaf being taken out of the book, as by the letters in the Register appears, but may be found and seen, in all other copies whatsoever that go abroad in men's hands. Thus you make no bones to call the Lords anointed most Impious, Wilful, Benadads' Nay you prefer the butchering of them, for so have some of your Popes done, before the work of our Redemption, as is evident by the speech of Sixtus the fifth, which he made unto the Cardinals in the Consistory at Rome the xj of September in the year 1589. upon the murder of Henry the Third. Come we now to that conclusion which you deduce from the such worthy premises before specified. You have the same trial, B you say, to try. Against whom good Sir? What, against the Venetians? See how fitly your proof doth fit the purpose. These ruins lie, B that I may say with Esay, in your hands. I acknowledge Esaies' words, Esay 3. and withal confess that he foreshoweth the State of the people of the jews shall be so full of trouble, of misery, so far past hope of all recovery, that it shall be impossible to find a man, who upon any entreaty will take upon him the government, and ordering of that State, for fear of dangers and despair of doing good. One shall take a friend of his own kindred by the bosom and say: Esay 3 6. Thou hast clothing, thou shalt be our head, and stay this mine with thy hand. Then what follows? But he shall swear and say I can not help you. I will not be your Lord, there is neither meat nor clothing in my house, make me therefore no ruler of the people. The Venetians, I dare say, will use no such speech unto your Pope, neither if they should, would the Pope make them the Prophet's answer, unless peradventure in some such sort as he useth in the day of his Consecration, when rising up from his dirty seat, after the Cardinals uttered these speeches; He raiseth the lowly out of the dust, and the poor out of the mire, that he may set him with Princes, Lib. 1. Ceremon. sect. 7. and possess the seat of glory, to take out of the Chamberlains lap sitting by him, as much money as he can grasp in his hand, (and yet there is neither silver or gold in his lap, nor doth he take any out) and cast it unto the people, with these words, Silver and gold have I none: Act. 4 Or else when he is bereft of all power, usurped (as one day he must needs be, according to that Prophecy Revel. 17.16.) then he shall be enforced to say: In my house is neither bread nor clothing. Whereto, that you have any reference, or that it is your purpose to forspeak that, I do not, nor I can not say it. It is not my purpose to insist upon that which followeth in Baronius his writing, lest I might overcloy the reader. For that which he hath touching succession to Peter, and the promise made unto him, hath been so often alleged and refuted, that to shape an answer thereto, were again to do which is already done, and to have my labour for my pains. For as that ungracious julian being beside his right wits, would have it be believed, Socrates in Histor. Eccles. that the soul of Great Alexander was in him; so the Popes of Rome, out of the same frenzy, do persuade themselves that Saint Peter's soul by right of Succession dwelleth in them. And thereupon whatsoever honour or right Saint Peter had, they claim it as hereditary unto themselves, and make it their own: And so instile themselves Peter Successors. For though we should grant that this promise alleged, And the gates of hell shall not prevail, did belong to Peter alone, which yet is false and not granted, what hath the pope to do therewith? or what hath he to do with Saint Peter? what one thing is there wherein he doth partake with him? In preaching the Gospel? but the Pope preacheth not. In feeding the Flock? neither doth he feed any flock. In exalting himself above Kings and Princes? Peter did not so, he never so much as dreamed thereof. What then? In succession unto and sitting in Peter's chair at Rome? But Peter when that privilege was conferred on him by Christ, was in Palestina, not at Rome, and should have enjoyed it, although he never had seen Rome. Away then with this Pythagorical Transanimation, by which the soul of Peter, the Endowments of Peter, the Sanctity of Peter, are transfused and go unto all Silvesters, all hildebrand's, all Sergiusses, or Hogs snouts, all julies', Sixties, Gregory's the Successors of Peter. That which you allege, Baronius, out of jeremy; I have made the a Pillar of iron, and a wall of brass, jer. 1. B deserveth to be laughed at and contemned. As if that good man jeremy, who subjecteth himself unto the state of Kings, and by them was cast in prison, against whom the Princes, and people, men and women, great and small, did bark and exclaim, were masked in robes royal, and led along with princely pomp, his Papal triple diadem on his head, to rule the rulers of the earth, and reign over them with plenary power? or as if a man might imagine, not be held a mad man for his such imagination, that long before the birth of Christ the first stone of the Papacy was laid in jeremy. Such like frantics be those fellows who conceit that the original of Monckerie was from Elias, or yet more ancient from Adam, (a God's name) before Eve was made out of his side. This is ridiculous, but that which followeth, blasphemous; and what Christian ear can endure to hear it, that this Parasite claweth his Pope withal? Remember you stand as a rock in the church, B Esay 8. against which which who so dasheth, shall be dashed in pieces; which even by the witness of Saint Peter, is nothing else, then to cast Christ jesus, to whom alone this doth agree, 1. Pet 2. from his high Throne of Majesty. Yet this is that smooth eloquence of Rome, not misliked by the Popes: from whence these flowers of the Canonists came; The Pope is in Primacy Abel, in Zeal Elias, in Mildness David, in Power Peter, in Unction Christ. From whence that acclamation came, directed once unto the Pope: Thou art all, and over all. In the last laterane Council. All power is given thee in Heaven and Earth. But lie and flatter as fast as you can, Christ at length will win the day. And that seducer Satan, together with the beast and false prophet shall be cast into the lake of fire and brimstone, Apoc. 20. and be tormented day and night for ever and ever. Even so Lord jesus come: Apoc. 22. Amen. THE BULL OF POPE PAULUS the Fift, against the Common wealth and Senate of Venice: With the Protestation of the said Duke and senate. PAUL Bishops, Servant of the Servants of God. To our most dear and venerable brethren the patriarchs, Archbishops, Bishops, and our beloved Sons, Vicars, abbots, Priors, and other Prelates aswell Secular as Regular, and other persons Ecclesiastical, appointed and ordained throughout the whole Common wealth and Seignory of Venice, Salutations and Apostolic benediction. We have been given to understand that the Duke and Senate of the Common wealth and Seignory of Venice have for certain years made in their Counsels many and divers Decrees and Statutes, contrary, not only to the authority of the Sea Apostolic, liberty and immunity of the Church, to general Counsels and Sacred Canons: but also to the constitutions and decrees of the Bishops of Rome. And amongst others that about the 23. of May in the year 1602. taking occasion of certain process and difference moved between Doctor F. Zabarella, on the one part, and the Monks of the Monastery of Praxilia of the order of S. Bennet, otherwise S. justin in the Diocese of Padova on th'other part: They had ordained that the foresaid Monks from thenceforth, and for always after should have no action for, under any title or colour whatsoever, to be preferred upon the goods Ecclesiastical possessed by lay persons under title of Emphiteuse, and cannot by right of preference or reunion of the propriety with the usufruit, or of extinction of the persons comprised in the investiture, or for any other cause challenge unto themselves the propriety of the foresaid goods, but only the right of the direct dominion: declaring that this shall take place, Doresnavant, hereafter, aswell for th'other persons Ecclesiastical, Monasteries and other religions places being in their Seignory and territory of their obedience. And about the sixteenth of january 1603. renewing (as they say) certain Statutes and Decrees made by their predecessors, to this effect, That any, be he Lay or Ecclesiastical, may not build Churches, Monasteries, Hospitals and other places of piety and devotion without special permission of the Seignory; they had again ordained in their Council that the same should take place in all places under their subjection, upon pain to all transgressors of banishment, or perpetual imprisonment, and confiscation of the ground and sale of the edifices. And moreover the said Duke and Senate the 26. of March 1605. following an other decree, made by the same Senate in the year 1536. by the which (as they affirm) it was expressly forbidden, that any, under certain penalties contained in the foresaid decree, might net alienate in the same City and Duchy of Venice, nor leave by will and testament, or donation between the living any goods immovable, for pious and religious causes, nor bind over or pawn to such intent, but only for a certain time there expressed; a thing never before received or put in practice: had again not only made the lame inhibition, but also expressly prohited the alienations of the foresaid immovable goods made in favour of the Ecclesiastical persons without the permission of the said Senate: had moreover extended the foresaid decree and penalties therein contained to all lands under their obedience, and had caused it to be published throughout all places and towns of their Seignory: ordaining that all the foresaid unmovable goods which were sound to have been sold or otherways aliened, besides the pain of nullity, should be confiscate and sold, and the price thereof divided between the Magistrate executing the tenor of the foresaid decree, his officers, and the informer and others, as hath been reported unto us to be at large set out in the said decree, and mandates of the said Duke and Senate. Moreover that the said Duke and Senate had caused to be imprisoned Scipio Sarracino Canon of Vicenza, and Brandelino Valdemarivo of Fornove abbot of the Monastery or Abbey of Neruesa in the Diocese of Tarrase, persons placed in dignity Ecclesiastic, and this for certain crimes, which are pretended to have been committed by them in the town of Vicenza, and other places, under pretence that the connisance thereof belonged unto them, and that it is of their jurisdiction, grounding themselves upon certain privileges granted, (as they pretend) to the said Duke and Senate, by certain of our predecessors, Popes: wherein they prejudice the right of the Church, and impugn the liberty and immunity Ecclesiastical, and authority of the holy Sea Apostolic. And because this turneth to the great scandal of the Church, and the perdition of the souls of the said Duke and Senate: insomuch as having dared to publish the foresaid Decrees and Statutes, they have thereby incurred the Ecclesiastical censures ordained by the sacred Canons of general Counsels, and by the decrees and constitutions of the Bishops of Rome, and the penalty of goods & lands which they hold of the Church, of the which penalties and censures they cannot be absolved nor discharged but by us, or our successor the Pope for the time being: and that moreover they are unable and uncapable to enjoy the benefit of the foresaid absolution, until they have actually revoked the said Statutes and Decrees by them published, and returned all again that thereof hath ensued to his former estate. For that also the said Duke and Senate, after many fatherly admonitions, which to them have been made on our part, they have made no account to revoke the said Decrees and Statutes, and that they still keep prisoners the said Canon Saracino, and Abbot Brandelino, and that they have taken no order to put them (as they ought) into the hands of our Nuntio, and of the holy Sea Apostolic. We, who must in no case suffer that the liberty and immunity of the Church, and our authority, and of the holy Sea Apostolic be violated, and despised, following the Decrees of many general counsels, and the examples of our predecessors, Innocentius the Third, Honorius the Third, Gregory the Ninth, Alexander the Fourth, Clement the Fourth, Martin the Fourth, Boniface the Eight, Boniface the Ninth, Martin the Fift, Nicolas the Fift, and other Bishops of Rome, which have held this holy Sea before us, some whereof have revoked the like statures as void of themselves, and declared them void, and of no force or virtue, being made against the liberty and immunity of the Church, and others have yet gone further, even to excommunicate the authors of such statutes and ordinances; having duly consulted with our most venerable brethren the Cardinals of the holy Roman Church, with their counsel and consent (albeit the said decrees, edicts, and mandates be of themselves void, & of none effect) we have notwithstanding anew declared them void & of no force and virtue, and being such, declare that no man is bound to the observation of them. And moreover is the said Duke and Senate within 24. days (reckoning from the day of the publication of these presents in this City, whereof we appoint unto them eight days for the first, eight for the second, and the other eight for the third and last delay and for monition Canonical) do not revoke publicly the foresaid Decrees, and all that is therein contained, and which is thereof ensued, laying aside all excuse and exception; and do not cashier and deface the Records and Registers, and places where they shall be kept, and cause to be published by them, and publicly declared in all the lands and territories under their obedience, that no man is bound to the observation of them, and do not return all that is thereon ensued to it first estate; and if they do not promise, never more to enterprise to make the like Decrees and Statutes against the liberty, immunity and jurisdiction of the Church, against our authority, and the holy Sea Apostolic, and certify us of the said revocation, cassation, restitution and promise; and if presently they do not put the foresaid Canon and Abbot into the hands of our said Nuntio: In the authority of God Almighty, and of the thrise-blessed Apostles, Saint Peter and Saint Paul, having for the present, and for heereafrer excommunicated, we pronounce and declare excommunicated the Duke and Senate of the Commonwealth of Venice, which at this present are or hereafter shall be there, their favourers, Counsellors and adherents, and every one of them, albeit they be not named in these presents, as well as if the names of them and every one of them had there been specially expressed; & so that they can not obtain absolution, nor be discharged of the said sentence of excommunication but only at point of death, & by none other than ourself, or the Pope, for time being, without all possibility of helping themselves by any faculty to them granted or to be granted in general, or to any of them in particular. And if it happen that in extremity of death any of them be absolved from the said sentence of Excommunication, who afterward recovers his health, he shall thereupon fall again into the ●●me excommunication, until, as much as in him lieth, he hath obeyed. And nevertheless, if he die after the obtaining of the said absolution, that he be deprived of the burial of the Church, till that our commandment be obeyed. And if the foresaid Duke and Senate three days after the foresaid 24. days be expired, harden their hearts (which God forbidden) enduring the said sentence of excommunication, not obeying the same, for the present, as also for hereafter, we have and do put to the Interdict of the Church the City of Venice, and the other towns, burrows, castles, signiories, and all places whatsoever, and generally all the temporal domains of the said Commonwealth; during which interdict, none may in the foresaid City of Venice, the burrows, Castles, and signiories of the said Commonwealth, say in the Churches and places of devotion, oratory's private, and houshod Chapels, neither in public, nor in private, any masses solemn, or not solemn, nor celebrate divine service; except in cases to us permitted and reserved, and then only in the Churches, and no where else; as also the doors shut, without sound of bell, and without the assistance of any the foresaid excommunicate and interdicted, and nor otherwise, whatsoever dispensations and privileges Apostolic, which have been granted to any Churches as well secular as regular, and whatsoever exemptions that they have, and that they are immediately subject to the sea Apostolic; and although they depend on the patronage or foundation & dotation of the foresaid Duke and Senate, not in general only, and under the name of the Commonwealth, but each one in particular of the Citizens and Subjects of the same, of all the fees, and goods which they hold of the Church, under what title soever, and declare them deprived of the said fees and goods, and of all privileges which have been granted and given unto them by any of our Predecessors, as namely to take cognisance of the crimes and defaults of Ecclesiastical persons. And nevertheless if the said Duke and Senate too opinative shall any longer harden themselves in their contumacy, we reserve especially to ourselves, and our successors the Popes, the power to aggravate, and reaggravate the censures and penalties Ecclesiastical against them and their adherents, and those that shall any way aid, counsel, or abet them, and to recover them by other remedies in time convenient, and to proceed against them according to the disposition of the holy Canons: notwithstanding any constitutions and ordinances Apostolic, privileges, dispensations, grants and other letters Apostolic in favour of the said Duke and Senate in general, or any other persons in particular: Namely those by virtue whereof they pretend that they cannot be interdicted, suspended, nor excommunicated, although the said letters do not make express mention, word for word: and with Derogatory of Derogatories, and other clauses, as also all other Decrees, and specially all faculties of absolving in cases reserved to us, and the sea Apostolic, and to them granted on the contrary by our predecessors, and approved and confirmed by us, and the holy sea Apostolic; all which and every one of them, we have repealed, and do repeal, and all things hereto contrary. And to the end that these presents may come to the knowledge of all, we appoint unto you and to every one of you most expressly enjoin and command, that by virtue of the holy obedience which you owe to the holy Sea, and apprehension of the last judgement of interdict from the entry of the Church, of suspension of your charges, and perception of the fruits and revenues of your houses patriarchal, archiepiscopal, Episcopal, as much as to you belongeth our brethren the patriarchs, Archbishops, and Bishops, and of privation of dignities, offices, and benefices Ecclesiastical whatsoever by you possessed at this present, and in ability to possess them hereafter; and forasmuch as our Sons the Vicars and other forenamed, depend upon you, that upon pain of incurring the penalties which in case of disobedience we shall think necessary, and whereof you shall receive these presents, or that otherwise they shall come unto your knowledge; you by yourselves, or others cause to be published solemnly, every one in his Church, when there shall be greatest number and concourse of people: and cause these to be fixed and set upon the doors of your Churches. And moreover we will that in every respect like credit be given to the doubles and copies of these in like manner printed, so be it they be signed with the hand of some public Notary, & sealed with the seal of some persons being in dignity Ecclesiastical, as to the original itself, if it were exhibited and showed, and that these presents, or the double and copy of them so printed, as hath been said, being affixed to the doors of the Church of Lateran, and palace of the Prince of the Apostles, and of our Chancery Apostolic, and published in Campo de Flore, as it hath been accustomed; have as great force, against the foresaid Duke and Senate, and all other, and you all in general, and every one respectively, as if they had been personally addressed, intimated and presented to every one of them, and you. Given at Rome at S. Peter Sous l'aneau du pescheur, the seventeenth of April 1606. and the first year of our Popedom. M. Vestrius Barbianus. THE PROTESTATION OF the Duke and Senate of Venice against the Bull of Pope PAUL the Fift. LEONARD DONAT by the grace of God Duke of Venice, to the most Honourable patriarchs, Archbishops, Bishops, abbots, Priors, Rectors of parish Churches, and other Prelates Ecclesiastical throughout our Common wealth and Seignory of Venice, Salutations. We are given to understand that by commandment of our most holy Father Paul the Fift, a certain Brief hath been thundered and published at Rome the 17. of April last passed against our person, the Senate and Seignory, and sent to you to be published in our towns and territories of our obedience and subjection. And because we who are bound to preserve the tranquillity and peace of the State and government to the which we are ordained and appointed by God, and to maintain the authority of our Common wealth, which besides the Majesty Divine acknowledgeth no Superior in matters Temporal: we protest by these presents, before God and the whole world, that we have omitted nothing of that which belonged to us to make known to his holiness, the justice and equity of our laws, as well by our Ambassador ordinary at Rome, and by letters, by the which we have sufficiently answered to the former Briefs to us directed: as also by another Ambassador extraordinary sent by us of purpose for this business. But having understood that his holiness hath from time to time set light by our remonstrances, & without giving audience unto our most just reasons hath decreed this brief against all right, against that which holy Scripture, the doctrine of the holy Fathers, & sacred Canons do teach, in prejudice of that power secular which God hath given into our hands, and of the liberty of our commonwealth, to the end to molest and trouble, not without great scandal, the life, the goods, and honours which our faithful subjects do peaceably and quietly enjoy under our authority: we make no doubt to esteem the said Brief as unlawful, and in itself void as well in fact and deed, as in law: and therefore have thought it necessary to take those remedies, which our predecessors and other Princes of Christendom have used against the Popes, when they have exceeded their power: assuring ourselves that you, and other our faithful subjects, and all the world will so judge thereof: And as hitherto you have diligently looked to the cure of the souls of our subjects, and carefully traveled to keep the service of God in his integrity, that hereafter you will continue in the same duty of true and good pastors: considering that our intention is to persist in the holy Catholic and Apostolic faith, and evermore to continue in the reverence accustomed towards the holy Church of Rome: so we command you that you cause to be affixed these presents in the most open places of this town, and others of our obedience, to the end they may come to the knowledge of all our subjects, and of all those that have heard of the foresaid brief, so that it may come to the ears of our holy Father, whose understanding we desire God by his holy Spirit so to enlighten, that he may see the nullity of all that he hath done against us, and that having understood the justice and equity of our cause, he give us cause to continue in the observance and respect which our predecessors and all the commonwealth have hitherto rendered to the Sea Apostolic, whereto they have always showed themselves most affectionate. Given in our Palace the 16. of May, Indiction the fourth the year of our Lord 1606. FATHER PAUL'S Apology for his not appearing at Rome, being called thither by citation. To the right Honourable Lords, and most reverend Fathers, Pinello, Ascalano, S. Cecilie de Ciury, Blanchetto, Arigonio, Bellarmino, Sappata de Bubalis, Monopolitano, Cardinals of the most holy Church of Rome, named Inquisitors General. Most Noble and Reverend Lords: I Friar Paul, a Venetian, of the order of Servants appear before you by these letters, and most humbly and submissively entreat that ye would (revoking those things that are enacted against me in your congregations) deign to accept, and admit unto due examination those my exceptions against them. For, about the twentieth day of September, it was decreed in your congregation, that a certain book composed by me in Italian thus entitled: Considerations upon the censure of the holiness of Pope Paul the Fift against the renowned Common wealth of Venice, should not be divulged abroad, or read, or yet retained by any one which had it. Neither also one other book entitled, An Apology for the oppositions of the renowned and reverend Lord Cardinal Bellarmine, to the treatises and resolutions of john Gerson touching the validity of excommunication. Neither yet one other book composed by me, with six other bearing this inscription: A tractate of the interdict of the holiness of Pope Paul the Fift, with some other books of the same Argument composed by others, with all other which should afterward be published of that argument, for that many things were found in them very rashly delivered, calumnious, scandalous, seditious, schismatical, erroneous and heretical respectively. In the next place, the thirtieth day of the month of October, a Citation was decreed against me, with Commandment that it should be hanged in the Court at Rome, with the penalty of Excommunication, the sentence being denounced against me, as also of perpetual infamy and deprivation from all and singular offices and dignities, and other penalties inflicted by the Canoicall constitutions and to be imposed at your pleasure, that I should within the space of twenty and four days appear in mine own person and not by a proctor, to give an account of my faith, and to purge myself from all crimes objected against me, for that it was objected by and under the lawful oath of men of credit, and manifest by other proofs, that there was no safe access to be made unto me, as it is reported to be contained more fully and more at large in the foresaid decrees and edicts imprinted, to which etc. Truly most Reverend Lords, I am ready, according to the commandment of Saint Peter, to render an account of that faith and hope whereby I live, to every one which demandeth it: and do constantly affirm that a public examination of our faith is most profitable and necessary in the Church; to the intent that we may not be carried about with every wind of doctrine, and that we may not be deceived at unawares by them who use godliness as a trade to gain by. But as the use of this sacred and holy work is very sovereign, so the abuse of it is most pestilent and pernicious, when under pretence thereof envy is sometimes stirred up, contrary to all divine and human laws, and they which are not well backed are laden and oppressed with the hatred of others, and wholesome doctrine is abandoned: by which according to the instruction of the Evangelists and Apostles, both the world, and Commonwealths are governed, and do endure. Surely I wish and desire nothing more, than to perform all subjection and obedience unto you, and to render an account of my faith: neither do I flee the light, who being grounded upon the Catholic faith (according to the Commandment of the Lord) have given to Caesar those things which are Caesar's, and to God those things which are Gods. But such is the estate of times, and many things have come to this pass, that all men may plainly see, that I am to be exempted from your citation and command. For when as without observance of any lawful order, the books are interdicted and forbidden before the authors of them are heard to speak for themselves, neither any sentences or propositions chosen out, marked and noted with special censures, that it might be made manifest in every particular of what sort they either were or might be esteemed to be; as the custom hath been in former times, and especially observed in the Council holden at Constance: but the matter delivered after a new fashion, and unheard of, in an elaborate oration, namely that many things in those books contained were very rash, calumnious, scandalous, seditious, schismatical and heretical respectively; so that by reason of the obscu the oration, and the undetermined limitation of that adverb, it can not appear, whether by all those words, all the foresaid books be condemned, or what esteem we are to make of every one of them in particular, and this done to this end, that men might reserve free liberty unto themselves to speak when and what they would, as the occasions of the future business might move them, and that the authors of the books might have their answers to seek for the defending of their books. And since all books that might afterward be written of that argument, which might contain in them the right and cause of the Commonwealth of Venice, are already condemned, an end is put to any intended controversy in respect of any one which would be a publisher or defender of their laws and rights. Wherefore most renowned Lords, since sentence (though ambiguous and needing a manifold explication) is already denounced against me concerning those books which were composed by me, after so great a prejudice brought upon me, before I was heard speak, it is not now lawful by any right, that any other judgement should be pronounced against me, as if the matter were entire, or that I should be called to mine answer and cited to appear after sentence denounced against me. Neither besides all this can I look for upright judgement, when as (among the rest) that worthy Lord Cardinal Bellarmine, sitteth as judge, who in a book thus in Italian entitled An answer of Cardinal Bellarmine to a Treatise of seven Divines of Venice, concerning the Interdict of the holiness of our Lord Pope Paul the Fift, and to the oppositions of Friar Paul of the order of Servants against the first writing of the said Cardinal, doth plainly affirm that he had been exceedingly injured by the foresaid Apology, and whereas he doth not answer that which was objected against him, he heapeth up a multitude of taunts against me, and on every side breatheth out revenge, and therefore he ought to have abstained from denouncing sentence against me, or else from interposing himself as a judge in this matter, either for fear of God or his own conscience terrifying him, or at least for the avoiding of scandal. Furthermore this may be added that sentences and censures have been published against our renowned Prince, the Senate, and Common wealth of Venice, and against their favourers, adherents, and counsellors, whom I of duty and with blessing from the Reverend Father Prior general of my order of Servants do serve in place of a Divine & an Ecclesiastical civil Lawyer; as others can not dissemble their angry mind against me, so I can not but be in great fear: which things seeing they be manifest to all men, needed not any longer discourse. But seeing that (as it is averred) it is manifest unto you by the testimony of men of credit and other arguments, that there is no safe access unto me, to serve a personal citation, it should be far more apparent unto the same men, that I should have far less safe, yea most dangerous passage unto you: wherefore ye have saved me a labour of proving that which I purposed to have done: for if ye being mighty men, be not able to serve one citation on me, shall I the meanest of all, being now absent from the Communion of you and yours, look for safe conducts, shall I have safe access unto you? Neither is this to be last and least regarded, that by the Edict of our renowned Prince, Ecclesiastical persons are prohibited to departed out of this dominion, whom I ought in duty especially to obey both in regard of respects common 〈◊〉 me with all others, as also for that the spiritual service being adjoined with the regular and lawful obedience unto the Commonwealth, it is not only unlawful to departed out of the kingdom, but even out of the City without leave obtained. As for myself (Reverend Lords) I am ready to render an account of my faith unto any man, and to answer any not suspected judges: and for that purpose to take a journey to any safe places. Wherefore the case thus standing, I beseech you, by the coming of that great and fearful judge (with whom there shall be no respect of persons) that ye would not persecute a worm, and dead dog, but (as right requires) ye would admit of my exceptions, against the judgements, the judges, and the place of trial; and pronounce them justly made. If ye do otherwise, I pronounce a nullity in the sight of God and his holy Church of your decrees, and all further proceed; and commend myself to the protection of the almighty, and cast the care of myself upon his Majesty. And if I be separated from your community (as you threaten to deal with me) without all order of divine or human laws, God assisting me I am ready to bear it with a patiented mind, being certain with Gelasius, that an unjust sentence can hurt no man, in the sight of God and his Church. I am less moved with the threatened penalty of perpetual infamy; I will speak according to the saying of that most holy man: Think of Austen what you will, only let not my conscience accuse me in the sight of God. S. Peter hath long since admonished us, that none should suffer as a man slayer, or a thief, or an evil speaker, or a desirer of other men's goods, but if he suffereth as a Christian let him not be ashamed. I shall exceedingly rejoice with the holy Apostles, if I suffer reproach for the doctrine of Christ, and the holy Apostle Paul. But I am not ashamed that I am defamed for expounding and defending the right of a Catholic, most mighty and renowned Common wealth thorough the whole earth. I will also most willingly bear the infamy which I shall suffer for defending the memory and credit of john Gerson, a most Christian Doctor, and a man of admirable learning and piety, and exceeding good desert of the Church of Rome: Trusting that through the purity of the evangelical and Apostolical doctrine, and the renown of so great a Commonwealth, and the renown and fame of that most holy Doctor, the mark of unjust and undeserved infamy shall be taken away. I nothing respect the punishment of being deprived from offices and dignities which ye threaten beside excommunication: I neither desire any offices or dignities, neither would I receive any if they were offered. I am fully determined to apply myself to the service of God in that calling in which he hath placed me. Let those be moved with such scarecrows, who do account them punishments. I esteem it an especial office and dignity to live all my life in this most base and low degree. But in the mean time since I can not come unto you to render by lively voice an account of my faith for reasons above mentioned, and others in their due place and time to be alleged: by my works already published, and those which I shall hereafter perform, I have and will render you a full account of it, and I will keep entire that duty, obedience, and faith, which I have heretofore borne towards you, (especially so many years as I was conversant at Rome) hoping that God will give me opportunity, time, and occasion to approve my innocency unto you, and the whole world, and hear me in his due time, and in the mean while give me such success with my tentation, that I shall be able to bear it. But I do earnestly entreat and beseech you by the coming of Christ our Lord, and your duty and place in the Church of God, if ye have thought any sentences and propositions in my writing worthy reprehension, (since it can not be conjectured from the doubtful words of the former edict, what they are) that ye would command that they be selected out, and noted with fit marks, that I, agreeing to your judgement, to which I will always attribute much, may either expound them if they be not clear enough, or else fortify them with more strong reasons and arguments. For in the mean time whilst they are condemned together with other writings of other men without any special exception, with an amhiguous adverb, I protest that there can be nothing found in them worthy reprehension. At Venice from the Convent of Servants. November 29. 1606.