both reall and personall greater or lesser according to the exigence of times and places which hath bin also practised in other Realmes and Principalities being alwayes exempted as well by Emperours as other Princes from the power of inferiour Magistrates but not from their owne Soueraigne authority That the Exemptions granted by Popes vnto the Order of the Clergie haue not beene admitted in some places and in others admitted only in part and that they haue been valide only so farre as they haue beene receiued that notwithstanding any Exemption the Prince hath still Power ouer their persons and goods whensoeuer necessity constraines him to serue himselfe of them And if at any time they should abuse such Exemption to the perturbation of the publique tranquillitie that the Prince is obliged to prouide a remedy Another point of their Doctrine was that the Pope ought not to thinke himselfe infallible vnlesse where God hath promised him his Diuine assistance which some Moderne Doctors say to bee onely in necessary points of Faith and when hee vses fit meanes to that purpose of diuine Inuocation and of Ecclesiasticall consultations But the authority of Binding and Loosing ought to bee vnderstood with this Caution claue non crrante seeing God hath commanded the Pastor to follow the Merit and Iustice of the Cause and not his owne inclination that when the Pope vpon any difference with Princes passes on to thunder out his Censures it is permitted vnto the Doctors to consider whether he hath proceeded claue errante aut non errante And the Prince when he is assured that the Censures thundred against him his Estates and subiects are inualide may and ought for the conseruation of publique peace hinder the execution thereof preseruing his Religion and the reuerence due to the Church and that according to the doctrine of S. Augustine the Excommunication of a multitude or of Him who commandeth and is followed by a great number of people is pernicious and sacrilegious that the new name of Blinde Obedience inuēted by Ignatius Loiola vnknown to the Anciēt Church and to al good Diuines taketh away the essence of that vertue which ought to work by certain knowledge and election exposeth vs to the dāger of offending God doth not excuse him who is deceiued by the Ghostly Father and may ingender seditions as it hath beene seene within these forty yeares since that abuse hath beene introduced On the contrary the Doctrine of the Romane Writers or Papalins affirmed That the Temporall Power of Princes is subordinate to the Power Ecclesiasticall and subiect to it consequently that the Pope hath authority to depriue Princes of their Estates for their faults and errors which they cōmit in Gouernment yea though they haue not committed any fault when the Pope shall iudge it fit for the good of the Church that the Pope may free Subiects frō their obedience and from their oath of Fidelity which they owe vnto their Princes in which case they are obliged to cast off all subiection and euen to pursue the Prince if the Pope command it And although they all agreed to hold these Maximes yet they were not at accord touching the manner for they that were touched with a little shame said so great an authority did not reside in the Pope because Iesus Christ had giuen him any Temporall authority but because this was necessary for the Spirituall Wherefore Iesus Christ giuing Spirituall authority had giuen also indirectly the Temporall which was a vain shift seeing they made no other difference then of Words But the greater part of these men spake plainly that the Pope hath all Authority in heauen and earth both Spirituall and Temporall ouer all Princes of the World no otherwise then ouer his Subiects and vassals that he might correct them for any fault whatsoeuer that he is a Temporall Monarque ouer all the earth that from any Temporall Soueraigne Prince men might appeale to the Pope that he might giue Lawes to all Princes and annull those which were made by Them For the Exemption of Ecclesiastiques they all with one voyce denied that they held it by the grace and priuiledge of Princes although their Lawes to that purpose Constitutions and Priuiledges be yet extant but they were not agreed how they had receiued it some of them affirming that it was de iure diuino others that it came by Constitutions of Popes and Councels But all consented vpon this that they are not Subiects to the Prince euen in case of treason and that they are not bound to obey the Lawes vnlesse it were vi directiuâ And some passed so farre as to say that the Ecclesiastiques ought to examine whether the Lawes Commands of the Prince beiust and whether the people be obliged to obey them and that they owe not vnto the Prince either contributions or customes or obedience that the Pope cannot erre or faile because he hath the assistance of the Holy Spirit and therefore that it is necessary to obey his Commandements whether they be iust or vniust that to Him appertaines the clearing of all difficulties so as it is not lawfull for any to depart from his resolution nor to make reply though the resolution be vniust that though all the World differ in opinion from the Pope yet it is meet neuerthelesse to yeeld to Him and he is not excused from sinne who followes not his aduice though all the world iudge it to be false Their bookes were also full of such other Maximes that the Pope is a God vpon earth a Sunne of iustice a Light of religion that the iudgement and sentence of God and the Pope is one same thing as also the Tribunall and the Court of the Pope and God that to doubt of the power of the Pope is as much as to doubt of the power of God And it is notable what Card. Bellarmine hath boldly written that to restraine the obedience due vnto the Pope to things concerning the Saluation of the Soule is to bring it to nothing that Saint Paul appealed to Caesar who was not his Iudge and not to S. Peter lest the by-standers should haue laughed at him that the holy Bishops of old shewed themselues subject to Emperors because the times so required Others adioyned further that then it was meet to introduce the Empire of the Pope by little and little it being a thing vnseasonable to despoile Princes newly conuerted of their Estates and also to permit some thing vnto them for to interesse them Other like discourses they made which many godly Persons abhorred to read and reputed them blasphemies Furthermore the manner of treating on the one part and on the other was very different inasmuch as the Writings of the Popes partisans and especially of the Iesuites were full of railings detractions iniuries and slanders against the Republique and their Doctors full also of many motiues to sedition But the Writings of the Venetians following the intention of the Senate were full of all kinds
to the Ecclesiasticall liberty were of themselues void and of no value as furthermore he declared them to be such no man being obliged to obserue them On the contrary that they which had made these Statutes or any like or which had furthered them had incurred Ecclesiasticall Censures and depriued themselues of all such lands as they held of the Church as also their Estates and Demaines were subiect to other penalties in such sort that they could not be absolued vnlesse they reuoked all such lawes and reestablished all things in their former estate That hereupon being placed in the Soueraigne Throne and not being able to dissemble or endure these things he admonished the Republique to consider the danger whereinto they had cast their soules vpon this occasion and betimes to seeke a remedy otherwise in case of disobedience he commanded vnder the paine of Excommunication latae sententiae that the foresaid Laws both ancient and moderne should be reuoked and disanulled that this Monitory should bepublished in all places of their State and that he expected from them account there of if they did it not that he should be constrained after his Nuntio had giuen him notice that his Letters were presented to come to execution of the penalties and to such other remedies as he should thinke meet remembring the reckoning which he was to giue vnto God at the day of Iudgement and declaring that he who had no other end but the repose and tranquillitie of the Common-wealth could not in duty dissemble when the authority of the See Apostolique was dimini shed Ecclesiasticall liberty trod vnder foot the holy Canons and Decrees neglected the rights of Churches and the priuiledges of Ecclesiasticall persons violated of all which the charge and custodie is committed to him besides affirming that hee was not moued to doe this by any worldly consideration nor desired any other thing but the glory to exercise perfectly so farre as he could his Apostolique Gouernment And as he did not purpose to vsurpe any thing vpon the Secular Authority so would he not permit that the Ecclesiasticall should be diminished That if the State would obey his commandements they should deliuer him from great paine which he suffered in their regard and might still retaine the lands which they held of the Church That by no other means the Republique could so well secure it selfe from the incommodities which it suffered by Infidels as by conseruing the rights and liberties of Church-men who watch day and night in prayer to God for their conseruation The Senate considering these difficulties raised by the Pope deliberated to conferre thereof with their Counsellors learned in the Ciuill lawes who were Erasmus Gratian of Vdine and Marcus Antonius Pellegrine of Padua Knights and famous Lawyers at that time as it appeareth by the workes which they haue published And further that they might haue neere them a Counsellor versed in Diuinity and in the Canon Law they called vnto the seruice of the Signiory Frier Paul of Venice of the Order of the Seruites With these three and with other principall Doctors of the Vniuersitie of Padua as also with those of the Citie of Venice and the neighbouring places men eminent for sound learning and good conscience the Senate aduised how to answer the Pope with most conueniency They resolued also to consult on these questions the most celebrious Doctors of Italy and other parts of Europe and to vse their counsel touching other difficulties which might be offered And in short time they had the iudgement of many excellent Lawyers of Italy not subiect to the State of Venice and in particular of Iames Menochio President of Milan a person illustrious for his honourable Labours in the defence and maintenance of the Authority of Magistrates and for his learned Writings which hee hath published and wherein he shall liue for euer They had also not long after sent vnto them in writing the opinions of the most renowned Doctors of France Spaine who by diuers arguments shewed euidently that the controuersies moued by the Pope concerned neerely the Temporall Power wherein the Papall authoritie ought not to intermeddle and therefore that it was lawfull for the Republique to make any such Ordinances so farre as respects of Gouernment might require There were also sent to Venice the Lawes of almost all the Realmes and Estates of Christendom wherein the like Ordinances are obserued which afterwards were alledged in diuers Bookes published in fauour of the right of the Republique But for that time the Senate vnderstanding the iudgement of the Doctors made answer the 28. of Ianuary in these words for substance That with much griefe and wonder they vnderstood by the Letters of his Holinesse that the Lawes of their State obserued carefully through so many ages and neuer questioned by any of his Predecessors the reuoking whereof would subuert the Foundations of their Common-wealth were reprehended as contrary to the authority of the See Apostolique and that they which made them Persons of great pietie meriting well of the See Apostolique who are now in Heauen were noted for violators of Ecclesiasticall Libertie That according to the admonition of his Holinesse they had examined and caused to examine their Lawes old and new but had found nothing which might not well be ordained by the authoritie of a Soueraigne Prince or which might iustly offend the Popes authority being euidently a thing belonging to the care of a Secular Prince to haue regard what Companies are erected within his Dominions and to preuent the building of such Edifices as in time to come may be hurtfull to the publique safetie And although their State abound with Churches and places of Deuotion as much as any other yet when they see conuenient they haue neuer refused to giue permission to new Foundations themselues thereunto contributing liberally That in the Law against the perpetuall alienation of Lay goods vnto Ecclesiastiques the question being of things purely Temporall they could not be taxed to haue done any thing contrary to the Canons and Decrees That if the Popes haue power to forbid the Clergie to alienate any goods of the Church vnto Persons Secular without leaue Princes may doe the same and take order that the goods of Seculars shall not be alienated to the Clergie without permission Nor doe the Ecclesiastiques by this meanes lose any thing bequeathed or giuen vnto them seeing they receiue a price answerable in value to the immoueable adioyning that it tends to the great preiudice not only of the Temporall State but also of the Spirituall to weaken the forces of their Republique which by such alienations is depriued of necessary seruices and which in effect in a Vantgard and Fortresse for all Christendome against the Infidels That for these reasons the Senate could not perswade themselues that they had incurred any Censures since Secular Princes haue by Law Diuine from which no Humane Law can any way derogate a power to make Lawes in things
Temporall as also that the Admonitions of his Holinesse haue here no place where the question is not of any thing Spirituall but of a matter meerely Temporall not any way touching the Papall Authoritie much lesse yet could they beleeue that his Holinesse full of Piety and Religion would persist without knowledge of the cause in his Comminations That this was the summary of thereasons of the Senate remitting themselues to their Ambassador Extraordinary further to explaine and open vnto him their intentions In the meane while the Pope longed with an extreame desire to haue their answer to his Breues which he expected would be conformable to his fantasie and he could not be perswaded that the State would haue more care to preserue their Liberty than feare of his threatnings Which that he might make to appeare more formidable he serued himselfe not only of the example of them of Genoa but yet of one much greater For hauing notice that the Duke of Sauoy had commanded the Bishop of Fossano to depart out of his Dominions which he was occasioned to doe vpon great and important reasons being hereby incensed he menaced the Duke with Excommunication vnlesse he reuoked his commandement At length the Letters of the Senate arriued at Rome and were presented by the Ambassador vnto the Pope who opened them in his presence and at the first sight was greatly moued for the errour committed in the presentation of two Breues both of one tenor in stead of two different and attributed the fault herein vnto his Nuntio And passing further in the reading of the Letter he shewed himselfe much more troubled In the end not comming to particularities he said that the Monitory Breues could not be answered and that the answers of the Senate were friuolous that the matter was cleare and that he was peremptorily resolued to proceed on further He added that lately he had heard of another Law touching goods Ecclesiasticall holden as Emphyteuticke which his pleasure was should be reuoked with the other and although till then he had not mentioned this Law because he knew not of it yet hee had more to say against it than against all the other that it behoued in all these things to obey him because his cause was the cause of God Et portae inferinon praeualebunt aduersus eam That if the Monks of Padua or other places should purchase more than were meet they might haue recourse to him and that in this case he would prouide the Secular Authority being not herein to intermedle which the Venetians doing were Tyrants and different frō their Ancestors The Pope spake all this with so great heat that the Ambassador did not iudge fit at that time to passe on further wherefore after some words concerning the last Law he tooke leaue But as he was going out of the Chamber of Audience the Pope called him backe and rising from his seat hee tooke him into a chamber apart where releasing some what the extŕeme rigor which hitherto he had vsed he discoursed moderately of his pretensions and heard the answers of the Ambass as she wing himselfe inclined to some composition and touching the Law newly questioned he concluded that he had not spoken of it if they had giuen him any satisfaction in the other two comprised in the Breue which he had sent And for the Prisoners that if they rendred the Canon vnto his Nuntio he would in fauour yeeld and deliuer the Abbot to the iudgement of the Secular Magistrate but that this should be done speedily because he was an enemie of time and would not that they should defer in hope that the Pope might die That if within fifteene daies he had contentment he promised not to trouble them during his Pontificate but if that time were expired that he would proceed Further he counselled the Ambassador to write hereof and that to this effect he meant to dispatch a Currier as also he did And in conformitie of this the Nuntio spake in Senate exhorting them with many words to giue satisfaction vnto the Pope by reuoking the two Lawes and by deliuering the Canon promising that this being done from his Holinesse they should receiue as ample fauours as in former times had beene euer granted by the See Apostolique to any Prince He mentioned also the Law of the Emphyteuses which the Pope esteemed more opposite to his authoritie than the other two notwithstanding he did not much inlarge himselfe vpon this point but left it without conclusion which caused in the Senate a great astonishment and the Duke not vnderstanding fully his meaning desired of him a more ample and exact explication But the Nuntio approching neere him said in his eare that it was not needfull to passe further vpon that subject promising on his word vnto his Highnesse that there should be no more speech of it The Duke did not thinke fit to keepe secret this promise and therefore he repeated aloud what the Nuntio had said vnto him and on his word had promised This release of rigor which the Pope vsed at Rome and his Nuntio at Venice made men beleeue that vpon the arriuall of the extraordinarie Ambassador with his Holinesse all these debates would easily be composed The Senate did much desire that the Pope would be perswaded by their reasons and therefore answered the Nuntio who earnestly moued them for their resolution that Duodo should goe to his Holinesse to represent vnto him that which had passed But the Pope scarcely let passe the fifteene daies when being returned to his accustomed rigor though the Ambassador Nani had told him that Duodo was already dispatched in the moneth of February he complained that they deferred so long saying he could not in any sort endure such delay and that he would not be tied to expect any longer And a few daies afterward when the Ambassador was relating vnto his Holinesse some newes of the route of Cicala vpon the confines of Persia he made not any reflexion vpon this narration but thinking all the while vpon Duodo he said Let him not come with any more reasons for you haue spoken thereof sufficiently The Pope remained firme in his deliberation and accordingly commanded his Nuntio to present the other Breue dated the 10. of December before and addressed to Marin Grimani Duke and to the Republique of the Venetians concerning the Canon and the Abbot Prisoners which commandement hee executed the 25. of February two daies after the departure of Duodo going to Rome his instructions being expedited vpon the 18. of the same Moneth The Duke appeared to be much offended that this Breue should be deliuered two daies after the departure of an Ambassador sent vpon this businesse and so much more because it was not addressed to him but should haue beene presented to his Predecessor In this Breue the Pope said That he vnderstood by the letters of his Nuntio and by the discourses of their Ambassador that the Canon and Abbot arrested hereto