Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	bishop_n	pope_n	rome_n	11,296	5	6.9283	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A09170	A declaration of the variance betweene the Pope, and the segniory of Venice with the proceedings and present state thereof. VVhereunto is annexed a defence of the Venetians, written by an Italian doctor of Diuinitie, against the censure of Paulus Quintus, proouing the nullitie thereof by Holy Scriptures, canons, and catholique Doctors.	Manfredi, Fulgenzio, attributed name.	1606 (1606)	STC 19482; ESTC S114206	32,389	92

THe persons and goods of the Cleargie exempted from the power of the Secular Prince albeit some I know not vpon what ground hold that it is done Iure Diuino Notwithstanding the contrary opinion that it is onely Iure humano is the better and more conformable to the Diuine Scripture to the holy fathers and to the trueth of Histories For besides that which we haue said in the first Proposition that Priests in the old Law were subiect to the Secular Prince besides that Solomon depriued Abiathar of the Office of high Priest amongst the Hebrewes as is read in the 3. Booke of the Kings Cap. 2. in the time of the Primitiue Church vntill the time of Iustinian the Emperour it is not read in the Law of any priuiledge of exemptio giuen to the Cleargie S. Paul said Ad tribunal Caesaris sio Caesarem appello And to leaue infinit other examples It is read in the life of Otho the first Christian Emperour That he deposed Pope Iohn 22. by his owne authoritie because he was a most wicked man And if the exemptiō be iure diuino why would Pope Adrian the first graunt That Charles the great should haue auctoritie to chuse the Bishop of Rome Cap. Adrianus c. which also Leo 8. did in fauour of Otho the first as is written in the same Distinction which is the 63. Canon in Synodo This doctrine is not only of S. Paul as I haue proued in the first Proposition but of S Chrysostome Tho. Aqui. Soto that excellent Diuine Distinct 25. Lib. 4. Senten of Corrunias an excellent Canonist Cap. 31. Pract. quest who for his owne behoofe citeth Pope Innocentius 3. Alciat Ferrarese Medina and others And these two doctors Soto and Corrunias in this particular are much to bee esteemed hauing both of them written since the Councell of Trent And their demonstrations are of exceeding efficacie For besides the Authoritie affirmatiue of S. Paul Chrysostome and Thomas and besides the vsance of the Primatiue Church they bring two most forceable negatiue Arguments that is 1. If the Clergie and that which belongs vnto them be exempted Iure Diuino In what booke of the New or old Testament Or in what Epistle of S. Paul or in what Gospel are they exempted 2. The other is that no Christian Prince Secular looking well to the quiet and good gouernment of his State regards this at all but lets the Clergie enioy what exemptions hee pleaseth and what he pleaseth not he suffereth them not to enioy ¶ The sixt Proposition WHilst the Prince of Venice lawfull and naturall Lord of his State who acknowledgeth no superiour in Temporal things but God maketh Lawes concerning goods and possessions Ecclesiasticall which are vnder his dominion and punisheth Ecclesiasticall persons in grieuous and haynous cases doth dispose of such goods as are not already passed to Ecclesiasticall persons by the Authoritie which he hath immediatly from God wherof he hath neuer beene bereaued either by Priuiledge granted away or by Canon receiued but is in possession thereof by an immemorable custome of many not yeeres but ages He sinneth not in so doing The reason is for that Qui non facit contra aliquam Legem non peccat Much lesse can it be said That he sinnes Qui obseruat Legem And moreouer Qui retinet quod suum est non peccat Neither are wee to be forced to follow the opinion of them which hold That the exemption is De iure Diuino for euery Christian is free to follow what opinion he pleaseth so it be a Catholique opinion Nay rather to follow the opinion of a Doctour grounded vpon reason against a torrent and forced opiniō doubtlesse is not sinne As Nauarra well prooueth in his Praeludia Then shall it be no sinne to follow the opinion of S. Paul and of so many and so famous Doctors alleadged in the first and the fift Propositions Nay to say true I cannot excuse them which hold that the Exemption is Iure Diuino they seeming vnto mee sometimes ill grounded sometimes ill aduised sometimes too bolde sometimes too flattering ¶ The seuenth Proposition WHilest the Segniorie of Venice is not culpable nor commits any sinne in doing that which is spoken of in the precedent Proposition if it be excommunicated by Pope Paulus Quintus his Briefe published if the Churches and holy places be thereupon interdicted the Sentence is of no force not only by the law positiue because the order prescribed by the Canon De sent Excom 6. is not obserued but also Iure diuino it auayleth not because the authoritie of Excommunicating is conditionate Si peccauerit in te frater c. so that where there is no sinne Excommunication hath no place and a Sentence fulminated against him that sinnes not is no Sentence for defect in the matter Neither let any man be so grosse of vnderstanding to thinke that if the Segniorie as is proued hath not offended neither doth offend in retinendo quod suum est that it doeth neuerthelesse offend in not obeying the Pope and persisting in their opinion For constancie in a good opinion is not obstinacie and he that offends not cannot bee termed disobedient and obstinate sith hee which obserueth the Law doth a holy an meritorious worke and he that obeyes not in those things which cannot bee commanded him to doe commits no sinne at all ¶ The eight Proposition IT is true that Pope Gregory sayth that the sentence of the Pastor be it iust or vniust is to be feared but this sentence makes nothing to the matter For there is great difference betwixt the sentence of an Ecclesiasticall Iudge which is vniust and that which is no sentence at all as most learnedly affirmeth Nauarra de Censuris Ecclesiasticis Cap. 27. Soto 4. Sentent dist 22. That the vniust censure is to be feared but the censure that is no censure is not to be regarded therefore the Censures published by Pope Paulus Quintus as is said being none at all but like Scrowles formed in the Water and the Aire that is without foundation substance or matter I am of opinion that you ought not to obserue them neither that you ought to innouate any thing in your Churches therefore For although Nauarra in that place recited reasoning vpon Excommunication forcelesse and nought saith these wordes Sententia Iudicis Eccleciastici inualida seu nulla nihil aliud operatur in fore interiori siue exteriori quàm quod obligat Execmmunicatum ad seruandam eam quoad populus sibi persuadeat vel persuadere debeat causas nullitatis propter scandalum Notwithstanding this doctrine makes much for me for the cause of the nullitie is apparant to all the people of Venice if it were not manifest to all yet all must needs know it by the Edict which the Prince hath made to let euery man vnderstand it so that the scandall is not onely not to be feared but I say vnto you that I cannot excuse certaine

breach or contention for now are the Venetians further catched at and looked into for former offences against the Church to make thereby a broader irruption and scandall vpon them First they are charged with the retention of Decime due vnto the Church and for their ill affection toward their Cleargie in keeping them downe generally as much as may be Secondly they had passed an Act in the Councell of the Pregati whereby is directly forbidden the leauing of any land to Holy vses ordering further any such Legacie to be immediatly sold Thirdly the State hauing in penurious times taken money of certaine Churches and Hospitals at vse of fiue or sixe pro Cento refuseth nowe to restore the principall tending that it hath bene repayed in the very Interest These causes added vnto the first and malignantly vrged to his Holinesse were so distastful and so distempered his affections as that shortly after hauing this grudge lying heauy and vndigested about Ianuary in the time of Marino Grimani then Prince he commanded the Venetian Embassadour then resident at Rome from his presence forbidding him further accesse while the State which hee serued stood in termes of contumacie against the Church And then with conuenient speede the sting of this complaint still egging on his sharpnesse he directed vnto the Venetians a Monitoriall Breue as they call it summoning them to obedience and in defect thereof menacing Excommunication of the whole State This admonishing Briefe was by the Popes Nuntio not onely defended and iustified in publique but with his Oratory further recommended as ful of wise and louing moderation Sith by giuing vnto them both fatherly aduise and respit of repentance it was rather an Argument of indulgence in his Master then of any furious precipitation Hereupon Leonardo Donato now Prince at 72. yeres of his age was presently elected to goe in quality of extraordinary Embassadour to the Pope of whom being ready to depart the death of the former Prince made a stay not as if so vrgent a businesse of the State had giuen way to his priuate aduancement but because this accident did bring with it a necessary excuse of deferring their answere to the summons till they had made choice of another Prince all consultations ceasing in the time of the vacancie Howbeit this so solemne Embassage thus accidentally respited It being thought fit in the meane while to apprehend and imploy all reasonable meanes in Rome by the friends of this Rebublique to remooue the Popes indignation with conuenient lenities It prooued all of so little effect that it rather turned into further exasperation partly through the Popes naturall tenacitie in whatsoeuer hee hath once resolued which is a note of him in his Court and partly by the cunning of the first instigators who stil kept a watch ouer him in that businesse but principally by the fore-expressed causes themselues which in their owne nature and pondered according to the grounds of that religion doeth not admit any dispensation in such an occasion where no qualifying can bee vsed without notorious affront and preiudice to the Popes Authoritie Whereupon after it was discerned that these cooling mediations by interceding friends so slenderly preuailed The State of Venice and their new Prince Leonardo Donato who as a priuate man for many yeeres hath had great credit in that State elected for Embassage toward Rome the Caualiere Dodo whom they furnished and prouided with good reasons for the iustification of the State Namely That concerning all those foure points wherein they be so blotted with disobedience toward the Church of Rome they haue sufficient and iustifiable allegations out of common reason Nationall right and priuiledges Authenticall And specially for the first which seemed to pricke the very master veine by restraining and correcting the vncleane conuersation of their licentious brood of single fornicatours and was otherwise most incensiue as most derogatory to the Popish chalenged exemption and preheminence For which were deliuered two reasons First that some of the Popes predecessours haue granted a power vnto them to proceed according to the forme of their Secular Courts against the Cleargie of their owne Dominion In delictis atrocibus of which nature these must needs be accounted Secondly that they did not by any their iudiciall attaches or proceedings inhibite or impeach the Ecclesiasticall iurisdiction But seeing that their immediat and competent Iudges through fauors negligence or conniuence omitted their dueties in such criminall prosecutions that they were bound both for the conseruation of their State and by diuine Law not to leaue malefactours vnpunished This Dodo whom as a very choice man of great worth and wisdome they had as their manner is chosen by their balls to the composing of this businesse was also further instructed in some circumstantiall cariages As by faire speech of their professed zeale vnto the Church and his Holinesse to asswage his angry and ouer-vehement intentions And to finde out and pursue any likely meanes of sauing the Popes reputation vvhom they might perceiue to be the more stiffe and vntractable because he had proceeded so farre already as that he could not hansomly make stop or goe backe And lastly to passe ouer that impediment and obiection deuised by the Factors and followers of the Pope obtruding to the Venetians as a president what they should doe the State of Genua Who hath lately in diuers things satisfied his Holinesse that therein a difference might bee sought out and insisted vpon betweene the case of this Common wealth and that of Genua shewing it selfe to the Sea of Rome so subiect and obsequious which example the Venetians much stomacked and are very sensitiue of the comparison with that president The Caualiere Dodo being in readinesse to depart for Rome it was thought fit to sound first whether he should be receiued with all circumstance according to the dignitie of the State being afraid of a publique scorne and meaning to proceede in this businesse from point to point very curiously as pretermitting no precise regard And taking assurance either directly from Rome of good acceptation in plaine deliuered termes or comfortably presupposing the same by a construction which might easily take holde of mindes well inclined because the Pope had since the Monitoriall sent to them a congratulatorie Briefe vvhich perhaps vvas his complementing with the new Prince which they reckoned as some signe of his relenting They dispatched Dodo vvith opinion that their iust Arguments would bee allowed of He had as Associate in these affaires the then Embassadour resident that with the concurrence of both their aduises and labours the desired effect might bee the easier attained vnto Notwithstanding all the diligence and forwardnesse of both these Ministers the Pope like to a shrew the more earnestly that hee was instanced the more crossely hee gaue his answeres And in the end became so stately as he would endure no more debatings or entreatings but with a Papall sternnesse hee proceeded to the publishing of

trueth concerning Englands continued claime of her owne Imperiall rights and her manie prouisions decrees and consultations tending to the renunciation or abdication of any the Popes Interest or intermedlings in England In the 14. yeere of K. H. 1. the Popes Authoritie was so little esteemed in England as that it was come to that passe that no persons were permitted to appeale to Rome in cases of Controuersie Their Synods and Councels about Ecclesiasticall affaires were kept without seeking any his licence or consent And they would not obey such Legates as hee sent nor come to the Conuocations which they held In the 31. yeere of K. H 3. The Pope vnderstanding that diuers rich beneficed men in England died Intestate he ordeined a Decree That the goods of any Spirituall persons dying Intestate should remaine to the Pope which Decree purporting the Popes oppressiō in preiudice of this Realme and the suruiuing friends of the deceased the King in no sort would suffer to take place And the same King by his Letter Inhibitorie did flatly forbid a talage of the Cleargie which the Pope about that time had required In the 30. of E. 1. the Popes Peter-pence being not his due but rather the King of Englands Almes were denied to the Pope In the 17. yeere of K Edw. 3. the Commons pray the Kings assent to banish the Popes power quite out of England And in the same yeere vpon the Popes intruding of himselfe to make a peace betweene the King and France King Ed. sent him word That if hee would mediate betweene them as a friend hee would heare him but in no sort if he intermeddle as a Iudge In the 50. of E. 3. the Commons complaine that all the miseries of the Kingdom come by the Popes vsurpation beseeching the King this being the 50. and the Iubile yeere of his Reigne that hee would ioyne with them to cast him out for that he doth not pasture but pill Gods sheepe In the times of E. 3. R. 2. H 4. and H. 5. sundry Statutes were made against then that out of the Court of Rome obtaine or pursue any personall Citations against the King or any of his Subiects or that procure from thence any impetrations and prouisions of Benefices and offices of holy Church And for that as I before declared the Pope on the other side opposed to these Statutes his Interdicts and sentences of Excommunication against the obseruers of the same In the 13. yeere of R. 2. the said Excommunications also are so farre disauowed as that for the maintenance of the Liberties of the Kingdome and the dignity of the State it was ordained That if any did bring or send within this Realme any summons sentence or excommunication against any person for the cause of making motion assent or execution of the said Statute of Prouisors he shall be arrested imprisoned and forfeit all his Lands and Tenements goods and cattels for euer and moreouer incurre the paine of life and member And a Prelate making execution of such summons or sentence to forfeit into the Kings hands all his Temporalties Neuerthelesse for a long space after whether by reason of our continuall ciuill broyles in England which scant affourded any leisure of thinking much lesse of prosecuting vpon this cause or for that the superstitious ignorance of those times did entangle or rather captiuate the consciences of our people this point of the rights appertaining and incident vnto the Royall power Maiesty of this Imperiall Crowne and of the Popes vnlawfull oppressions and vsurpations within this Land lay asleepe was silenced and suffered open wrong vntill the latter dayes of K. H. 8. who instructing himselfe by the conferences and disputations of his learnedest Diuines and by the aduise and assent of the whole State assembled in Parliament fully and finally decided this question with the absolute exclusion and extermination for euer out of this Realme and the Dominions thereof of any the Popes Authoritie and Iurisdiction Thus hath God his prefixed periods for the producing at the last of that trueth which hee oft suffereth his Church to be long in trauaile of Then why should not we likewise reteine some comfortable conceits of Gods accomplishing and bringing to an happy effect of that worke in the Venetian State though sensim gradatim whereof hee hath of his prouidence and goodnesse and by occasions which for the iustice thereof may expect his blessings begun and layd so likely groundworkes ANd now my good friend for a closing conclusion to this my ouerlong letter as remembring wherefore I ted this tale Lend me a little more of your gentle patience whilest I draw out of the fresh remembrance of this Relation some satisfactory vse for the iustification of the Nationall Lawes of England and the Iustice of our Magistracie from the scandalous imputation of crueltie in our prosecutions against our professed Aduersaries transgressing our Politicall and poenall Ordinances Which I will comprise in a comparison betweene our English proceedings with these of the Venetians not intending at this time to sort out for them any other example or presedent then what I here haue already with my best iudgment wel obserued knowing that if I should post through France Spaine Italy and all Germany to collect proofes demonstrations to that purpose it would be as to me a labour supererogatory so to them whom nothing will satisfie like a charme to a deafe Adder It cannot be obscure to the whole world That our Royall kingdome hath for many yeeres together quite expelled the Pope with his Supremacie and superstition where the Venetians for any thing yet of publique note haue not fallen from him in any point of Religion no not disauowed his gouernance or Supremacie in causes Ecclesiasticall but onely excepted against his intrusion into the right of their owne Iurisdiction in causes on their part iustifiable by all humane and Diuine rules Yet haue they resolued vpon and pursued courses no whit inferiour in rigour and extremitie to the sharpest Lawes made with vs in so long a time and after so manifold and violent occasions Yea though the matter concerned vs in the deepest degree euen of vter esset vter imperaret both our regall and Imperiall rights lying at the stake in conflict with the Papall vsurpations and our Religion Peace Iustice and tranquillitie being continually infested by the positions oppositions practises and iniuries of the Romish faction You see the Commands and prohibitings of the Venetians to be all accompanied with the terrors of death which is vltimum in malis I doe not taxe or dislike this their seeming austeritie But I inferre that as necessitie coacteth them to be seuere so that our Lawes being enforced from vs by the like coaction haue also the like defence of naturall reason and primatiue Iustice in the righteous directions whereof they and wee doe agreeingly concurre What doe you thinke they would doe if they had once made a generall reuolt or