manners By St. Pauls Doctrine publicke quiet and honour are given into the custody of Secular power the Inquisition ought not to put her sickle into another mans harvest This conclusion needs no subtilnesse to make it bee understood of it selfe it is plaine and easie To the same man belongeth to judge and punish deeds words and writings of the same matter none can make question but that the offending of ones reputation favouring of Tiranny and dishonesty either with deeds or with words are offences subject to the Secular Iudgement Therefore those which are committed in writing also shall belong to the same By what reason can he pretend to censure the bookes of any of the foresaid causes who confesseth of himselfe to have no power to censure the words and the deeds Since that by the Princes Ministers such a disorder is put in practise vid. that under pretence of favroring honesty and Iustice and preserving a good name temporall authority comes to bee usurped peradventure because it is a very new thing that the Ecclesiasticall power should prohibite bookes for any other cause besides that of Religion since no Pope ever attempted it before the yeare 1550. therefore as a fresh thing it hath not yet beene well examined or because that some who give attendance upon publicke affaires thinke it not ill to discharge themselves of this burthen of looking over bookes and leave it to them as desire it But as every Government requires watchfulnesse and carefulnesse and he that discharges himselfe of these dispoileth himselfe also of his authority and doth not perceive it till it be lost and cannot be recovered againe so the most renowned Common-wealth which hath ordered that her Officers should over-see every booke which is Printed to prevent any inconvenient Doctrine from comming to light hath knowne very well that this care belongeth to the Prince and thence is necessarily inferred that his Deputies ought also to see whether that there be any inconveniences in bookes already printed which may hinder the reprinting of them To the same Person belongeth the preventing of evill to whom the reforming of an evill already sprung belongeth If the Prince may Lawfully by the authority he hath from God forbid the printing of a booke because it containes blasphemy against the God-head favoureth Tiranny offends publicke honesty teacheth evill manners or takes away another mans authority and reputation Hee may also Lawfully and by the same authority prohibit them that are already printed and doe containe the like inconveniences The Index of the bookes made in the yeare 1595. is already received with publicke authority by agreement therefore the bookes contained in it are to be prohibited without exception But if hereafter it be propounded by Ecclesiasticall Persons to have bookes prohibite for any of the aforesaid reasons it must not be granted that they should doe it but notice may be taken and the booke prohibited by Temporall authority onely leaving it to the Ecclesiasticall power onely when the booke is prohibited for cause of Religion There remaines the third prejudice which is new but of greater annoyance than the other two because that to bee deprived of ones authority and to lose good bookes are indeede very great evils but tollerable in respect of this to be constrained to endure within their owne Dominions a booke knowne to bee hurtfull The Court of Rome though it hath assumed to itselfe to prohibite bookes also for causes which concerned not Religion and did not belong to Ecclesiasticall power yet before these last yeares they have not dared to goe so farre as to say that the Prince may not also forbid those bookes which he seeth doe breede scandall evill example sedition or other perturbance within his Dominion Cardinal Baronius would be the first that should free this passe and speake it boldly who being conveniently opposed by that Prince who was particularly touched none ever since hath dared to this houre to maintaine the Cardinall his enterprize But because hereafter some may attempt the like with greater Art or upon an opportunity when mens eyes shall not be so open the businesse being of such moment requireth to have the successe of that businesse briefly set downe for a generall example and document adding thereunto the true Doctrine with her Grounds answering the objected cavillations That Cardinall in the beginning of the yeare 1605. printed his eleventh Tome of the Ecclesiasticall Annals wherein hee inserted a very long discourse against the Monarchie of Sicily Of which discourse what concerneth the Truth of the relation is not fitting now to be spoken of but to be left to his proper place This onely belongeth to the present purpose that the discourse is full of slanders and eagernesse against many Kings of Arragon of famous memory and especially against King Ferdinand the Catholicke and the progenitors on the Fathers side of him who now Reigneth The booke comming to Naples and to Milan was by the Kings Officers there prohibited that it should not be sold nor had there for the respects of their Prince which were too apparent to every vulgar person The Cardinall having notice of it assembled the Colledge of Cardinals in the vacancy of the Sea of Clement the eight and made an invictive against those Officers that in prohibiting of that booke had laid hands on Ecclesiasticall authority And afterwards when Paul the fifth was made Pope he writ unto the King of Spaine a long Letter dated the 13. of June in the same yeare with this conclufion amongst the rest That to the Pope onely belongeth the approving of bookes of all kinds much more Ecclesiasticall ones complaining greatly that in contempt of Ecclesiasticall authority the Kings Officers in Italy had prohibited his booke The wisedome of that King thought it best to answer with deeds and let the prohibition runne on which was published by his Officers The Cardinall could not containe himselfe but that printing his 12. Tome in the yeare 1607. he must insert to small purpose a discourse of the same matter saying formally that it was an impious and abhominable thing that in these our most unfortunate dayes the Kings Officers should dare to censure bookes approved by the Pope not suffering them to bee sold by the Booke-sellers but with their Licence which they would grant but when they pleased yea and would absolutely forbid the sale of them that they doe it because the bookes rebuke their unjust acts and that it was to take out of St. Peters hands and putting into the Princes one of the Keyes given him by Christ vid. that of knowledge to discerne good customes from bad The Counsell of Spaine proceeded still with their wonted staidnesse and resolution nor did not move for the third time but let three yeares more run on And in the yeare 1610. the King made an Edict whereby hee condemned and forbad the booke in so grave a manner that hee aptly touched Cardinall Baronius as well as he had touched the Kings his Progenitors
And to give it the more credit and force he caused the Edict to be published in Sicily with a Decree and subscribed by Cardinall Doria and was sent in print all the World over The Court of Rome stood amazed as well for the Edict as for the execution of it done by the Cardinall yet in Spaine they moved not a whit and the Edict remaineth still in force Certainly there cannot be imagined a higher enterprize than to send into a Prince his Dominions a booke in print against his Government and to pretend it to bee Lawfull and that the booke shall be there read kept and sold publickely and that the Prince shall have no power to discover it and withstand it and that under colour of Religion and the authority of Christ given to St. Peter Which pretence will be taken away if we doe but marke the Catholicke Doctrine and the custome of the holy Church whence the truth plainly appeares and Cardinall Baronius his reasons are plainely confuted It is a thing well knowne that unto St. Peter were given the Keyes of the Kingdome of Heaven that many holy Fathers and Catholick Writers meanes by the Keyes in the Plurall number the one of Knowledge and the other of Power and that the power ought not to be understood Universally but onely concerning the Kingdome of Heaven which is the Spirituall for the Civill Royall and Temporall power is expresly forbidden him by Christ So the Knowledge is not to be understood of naturall things nor of corrections much lesse of Politicke Civill or Morall things but as St. Paul saith plainely they are made dispencers of Christs misteries onely Wherefore if by the Ecclesiasticall authority a booke be approved to be good in matters of Faith it cannot be condemned as bad by any Secular power but if the booke treateth of other matters as of jurisdiction of Government of Merchandize although it were applauded by all the Prelates of the World yet doth not that prejudice Temporall authority but that it may be condemned It is a great wrong to pretend that because Christ hath given St Peter the Cognisance and power of the Kingdome of Heaven and forbidden him the Earthly one may against his precept extend spirituall things to temporall St. Augustine often saith that grace doth not destroy nor take any thing away from nature but leaving all her owne unto her doth adde unto it Divine perfections The Temporall power hath of its owne nature power to forbid all things which are repugnant to publicke quietnesse and to honesty and amongst the rest writings and bookes which are contrary to it Christ is not come to take away any of this authority from the Magistrates but to leave it intire onely he addes power to his Ministers over things concerning Christian Faith of which men by nature know nothing but onely by Revelation Therefore these ought not to assume unto themselves the power of approving of bookes which belong not to them or to endeavour to deprive the Magistrate of the authority which is given them by God and by nature Cardinall Baronius alleadgeth the Epistles of certaine Writers who have dedicated unto Popes their bookes of Histories or of Law or of concerning Government and have submitted their Workes to the Popes censure and therefore he concludes that to him alone belongeth to approve of all sorts of bookes and that once approved by him none ought any further to meddle with it But this is but a vaine reason since it doth not make any distinction betweene Obligatory binding words and words of compliment Who ever Dedicateth a Booke not onely to a Prince but also to a private man but that he will submit it unto him and that with some Hyperbole of words If we shall upon these Rethoricall colours ground Articles of Divinity we will also finde other Epistles which wee will give the same power to all manner of Persons and wee shall finde many bookes of Phisicke and of Grammar Learning Dedicated unto Popes with such like phrases of speaking and should that inferre therefore that the Papacy is an Office concerning health or a Grammar Schoole Reverence and civill speaking is one thing and that which must bee holden as an Article of Faith is another But because that Baronius taxeth the Princes Officers with forbidding of bookes because they reprove their unjust dealings it will be good to speake a word concerning that because it shall not seeme that we will have unjust things defended nor that any should thinke that it is Lawfull under colour of reproving of things to disturbe the publicke quietnesse One may speake two wayes of a misdeede by way of Thesis or Position vid. in generall without touching either Person or place or time and to reprove in this manner hath bin alwayes held good for the rooting out of vice It is Lawfull for any one to write bookes in this manner Another way is by Hipothesis that is of particular case naming of Persons and other circumstances and that is not permitted to any but to the Lawfull Judge Every one may write against Usury in generall but to touch any particular instrument for usury belongeth to none but to the publicke Judge and the doing otherwise is to put the World in a confusion leaving the managing of businesses unto unjust persons A generality may easily bee considered of and hath neede of nothing but of study and authors but a particularity by reason of the infinitenesses of circumstances requires an exquisite prudence and experience It is easie to say and to prove in generall that the usurping the Soveraignty of a State is unjust and Cardinall Baronius might have thereupon made a long Parenthesis But to come to a particular and say that the King of Spaine usurpes the Soveraignty of Sicily is not a cause belonging to him And if the Kings Officers in Naples and Milan have therefore prohibited his booke they have not forbidden the reproving of unjustice but rather the small wisedome of him who judgeth the present possession of Sicily to be unjust without having so much knowledge as was needfull for the doing of it And if the Pope did approve the booke intending to doe it for the places Ecclesiasticall Dominion and State it is well but if he did meane it also for other Princes States so that it might not be prohibited by those who held it scandalous that had beene an excesse and usurpation of other mens authority which ought not to be supposed of Pope Clement the eight who was a wise Prince And because Cardinall Baronius addes that publicke Officers cannot prohibit Booke sellers to sell bookes without their Licence under pretence of hindering Hereticall bookes from comming in with false Titles because that seeing such a danger they ought with humblenesse to seeke that the Bishops may doe it this also deserves a little consideration And first to take away all ambiguity neither did any approve of doing any thing under a fained pretence that is to cover
Extortions and other grievances The other was because the Commonalties did refuse to beare the charges therefore they resolved to lay downe that pretence of having the charges borne by the Commonalty And for to temper the excessive rigor of the Inquisitors they gave some part of Power more unto the Bishop which was the cause of bringing in the Office with lesse difficulty into these three Provinces of Lombardye Romanie and Marca Trivisana and afterwards into Tuscan and so it passed into Arragon and into some Cities of Germany and France it was not brought into the Kingdome of Naples by reason of the small correspondency which was betweene the Popes and the Kings of that Kingdome It was soone taken out of France and Germany some of the Inquisitors being driven out of those places for their rigors and extortions and other some going away for want of employment For which cause they were also reduced to a small number in Arragon since they had not yet penetrated into other Kingdomes of Spaine In the yeare 1484. the Catholick King Ferdinand having extinguished the Kingdome of the Mahometans in Granata to purge his and his Wife Elizabeths Kingdomes from the Moores and Iewes newly converted erected with the consent of Pope Sixtus the Fourth a Tribunall of the Inquisition in all his Kingdomes of Spaine Sicily and Sardinia which were by him possessed in the forme which it lasteth into this present by which Tribunall are judged not onely these which are accused of Mahometisme or Iudaisme but also of Heresie The forme which was then brought in and doth yet last is that the King nameth an Inquisitor Generall throughout all his Kingdomes to the Pope and his Holinesse doth confirme him and for the rest the Court of Rome is not admitted to entermeddle any further The Inquisitor named by the King and confirmed by the Pope nameth the particular Inquisitors in every place which neverthelesse cannot enter into their charge without the Kings approbation The King also deputeth a Councell or Senate upon this businesse in that place where the Court is of which the supreme Inquisitor is President and this Counsell hath supreame jurisdiction consults of all the businesses makes new Orders when it seeth any need determines differences betweene particular Inquisitors punisheth the defects of the Officers heareth the appeales doth not put them over to any oath But the King hisroyal Councel would have the Inquisition to bee brought into the Kingdome of Naples subjected to that of Spaine as also in Sicilio Sardinia the Indies the Court of Rome would have it depending from it alleadging therefore besides the Pontificall spirituall Authority the Temporall superiority which the Pope hath in that Kingdome In the yeare 1547. Don Frederico di Toledo being Vice-roy there would overcome these difficulties and came to execution which thing excited such a commotion and sedition amongst the people that it was almost growne to a Warre betweene them and the presidiary Spaniards and the Spaniards getting the Victory being Masters of the Forts the tumult was quieted and the principals were punished some with death and some with exile Yet he left off his enterprize of bringing in the Inquisition not so much for feare of a new tumult as through the effectuall intercession of the Pope and Cardinals the thought of bringing to passe this their intent remaining still in Spaine and in Rome a resolution to oppose it so that to this day there is no Inquisition in all that Kingdome and if that any case happeneth it is dispatched by the Bishop or else it is delegated from Rome to some other Prelate who notwithstanding doth nothing unlesse hee have first leave from the Vice-roy In the Low Countries since the springing up of the Lutheran Sect the Hereticks were punished by the secular Magistrates without any other Office of Inquisition sometimes with death sometimes with banishment which Magistrates relenting from their rigor by reason of the multitude of Hereticks in the yeare 1550. the Emperour Charles the Fifth resolved to bring in the Inquisition after the Spanish manner and thereupon published a Decree but being advertised by Mary Queene of Hungary his Sister and Governesse of those States that all the forraigne Merchants would bee gone and the Cities would be without Trafficke he declared by another Edict that th' Inquisition should have no power upon strangers and for the Natives he did much mitigate the forme of it yet was it not put to execution according to the Emperours minde but onely unperfectly and the punishing of Hereticks for the most part rested in the Magistrate and slackned continually more and more Wherefore Philip King of Spaine tryed in the yeare 1569 and the yeares following againe the bringing in of the Spanish Inquisition after divers wayes but could by no meanes establish it by reason of divers resistances till that in the yeare 1567 it was by force of Armes established by the Duke of Alva and being brought in immediatly succeeded the Warres and was still more and more restrained both in scope and Authority untill it was brought to nothing in which state it remaineth at this present The beginning of the Inquisition of Venice THe Renowned City of Venice by Gods Grace kept it selfe untouched from the contagion of Heresie at all times before the yeare 1232. which thing is manifest by this that at the promotion of Duke Giacemo Theophilo in the yeare 1229. in which mention is made of the forme of proceeding and of the punishments and chastisements of many sorts of offenders Heresie is not named And in the yeare 1232. when the same Duke published the Statute wherein is ordained the punishment for many offences and especially of misdeeds and charming by Herbes there is no mention made of Heresie as certainely there would have bin if the City at that time had felt any such plague But after that Pope Innocent the Fourth tryed to deprive the Emperour Frederick the Second of the Empire Kingdomes and States which he possessed and a great part of Christendome being thereupon in Armes and all Lombardic in debate with the Marca Triviâ—iana and Romania then divided into favourers of the Pope and of the Emperour they were then infected with divers perverse Opinions and retiring themselves to Venice to live in security the wisedome of this Government in the yeare 1â—49 found a remedy to guard the City from being infected with that contagion that the rest of Italy was wherefore they determined to chuse honest discreet and Catholicke men to inquire against Hereticks and that the Patriarch of Grado Bishop of Castello and the other Bishops of the Dogie of Venice from Grado to Caverzere should judge of their Opinions and those that by any of the Bishops should be given out to be Hereticks should be condemned to the fire by the Duke and Councellors or the Major part of them which things are seene in the promotion of Duke Marino Moresini in the yeare 1249. But for feare least
Ten and those joyned with them having put the Representants in mind of their duties least through negligence some abuse might be brought in writ to all the governours that they should bee present to the forming of Processes in the Inquisition The Court of Rome reputed it to be a novelty with prejudice of the Ecclesiasticall authority and Pope Iulius the third complained of it to the Ambassadour saying that it was against Pontificiall decrees and that he thereupon would make a Bull. The Ambassadour answered that it was not a thing newly determined but most ancient and renewed to preserve the jurisdiction and not to assume unto themselves any part of that which belonged to the Church but rather to aide it The Pope was content with the answer added if these Lords will be Coadjutors may they be blessed but if they will be co-judges we cannot endure it And the Pope reputing it to be a businesse which ought to bee sounded to the bottome and not to be contented with words especially seeing the great stirre that was amongst the Cardinals wherefore he sent Achille Graffi the Elect of Montefiascone a purpose to Venice to whom he gave a Commission the sixth of August 1551 with these words Wee send you to make some agreement touching the proceedings in causes of Heresie it is held that the Assistance of the Secular power is necessary within that City and Dominion we doe not disprove of it so that it be without intruding themselves into the Cognisance of sentence and a little lower we will be contented with any forme pleasing to that Common-wealth so it be citra cognitionem sententiam The expresse Nuntio being come to Venice it was an easie matter to accord because that both the parties did meane the same thing wherefore it was immediately agreed in foure Articles The first that the Governours shall be present at the framing of Processes and to all that which the Inquisitors or their Deputies shall doe The second that the Inquisitors their Deputies and Governours may have liberty to call such Doctors as they shall thinke fitting according to the quality of the cases Thirdly that any causes happening in Castles or Townes shall be dispatched in the principall City by the same Orders The fourth that the Governours shall once a weeke at least bee with the Inquisitors and Deputies to attend upon this businesse Conformablie to this agreement the 26. of September Letters were sent to all the Governours and to Rome The Pope having seen this agreement approved of it and gave order to the Bishop of Ravello his ordinary Nuncio in Venice that he should write the same to all Inquisitors and Deputies of the State warning them also that in all Acts Decrees and Sentences which should be made in this businesse in the presence of Governours the Notary thereunto deputed should write this clause vid. Cum assistentia presentia Clarissimorum Dominorum N. N. The first agreement treated of with Pope Nicholas in the yeare 1289. and this last one also each by it selfe are sufficient to shew but both joyned together doe plainlier shew that this authority cannot be taken away by any Bull or Decree made in any manner by any Pope whatsoever He that granteth a gift may upon occasion revoke it but that which is covenanted and agreed upon is irrevocable so that no Decree whatsoever made at Rome ought to stirre it as that which was made by Gregory the 14. in 1591. declaring that Heresie being an offence purely Ecclesiasticall the Secular power ought not to inter-meddle therein And although some Popes did trye to derrogate from that agreement as Pope Leo the tenth said to that purpose Notwithstanding any Customes confirmed by the Apostolicke Sea such derogation cannot comprehend our case for to confirme is one thing and to covenant and agree is another And if it should say notwithstanding the agreements made with the Apostolicke Sea it were a Nullity for it is a contradiction that a thing should be agreed upon betweene two and that it should be subject to the sentence of one alone It is certainly to bee beleeved that the Court will still try by all meanes to exclude the Secular and draw wholly under itselfe the Offices concerning Heresie which are in this State But no act of any other can bring it in question or cause any prejudice so that the prejudices doe not come from this side through negligence in the Execution Wherein we may take example from Spaine where the forme of the Inquisition being subject to the King established by an agreement made in the yeare 1484. the Spaniards have refused to have it altered by any Bull or Order made at Rome It was not an act of great honesty when they printed the Directory at Rome in the yeare 1584. to adde unto it the aforesaid briefe of Pope Leo the tenth directed to all Bishops and Inquisitors within this Dominion wherein upon some notable cases which happened in Valcamonica that Pope writ that the Secular Magistrate shall have nothing to doe with the office of the Inquisition and shall be onely tyed to execute the sentence without any other businesse which briefe they ought not by any meanes have printed First because they had it not out of an authenticall place Secondly because at that time it was not put in execution nor peradventure seen whereof a manifest token is that the said Briefe being Dated the fifteenth of February 1521. after the Roman manner some thirty dayes after vid. the twentieth and foure and twentieth of March the most excellent Councell of Ten to resist the innumerable extortions done by the Clergy ordered that notwithstanding the Sentences pronounced by the Inquisition Office the Bishop of Limine with two Doctors deputed by the Governours the Processes should be new made and carryed to Brescia and there judged in the presence of the Governours Whereunto the Nuntio also consented and so it was accomplished which sheweth us plainly that the said Briefs of Leo the tenth either is not true or is not to be seene or did not take place and therefore ought not to be printed especially seeing that the agreement made with Iulius was since that time But as the Court of Rome will never desist from nourishing her pretence so it shal be fitting to watch for to resist that negligence may not prejudice the businesse never putting to a treaty a thing already so firmly established because the very putting of it to a Treaty in the yeare 1551. if the successe had not beene good as it was would have beene a great prejudice to the agreement made in 1289. But that besides the lawfulnesse and righteousnesse of this sentence it is also necessary with skill to preserve it both private and publicke respects doe manifestly shew For the power which God giveth the Prince is not a gift given for his use alone which he may let fall to decay without sinne but though it commeth immediately from God yet is it
egging him on as farre as it shall be decent for them both The Exposition of the fifth Chapter THe fifth Chapter that the Governours and Assistants shall not sweare faithfulnesse nor secresie to the Inquisitor is highly to be considered of since that by such an oath they should cease from being representants of the Prince his person and become the Inquisitors Ministers It is cleare that whosoever sweares faithfulnesse or secresie especially without exception is bound to performe it to him that he hath sworne it not regarding any other mans interests so that the Representant could not oppose himselfe against any act of the Inquisition although it were contrary to the Princes respects nor give him notice of things happening in that office without breaking his Oath But the publicke representant even when things are treated of that doe belong to the Inquisition Office must not aime at any respects or commands but onely the Princes wherefore he cannot sweare faithfulnesse or secresie to others Where the Inquisitions Tribunal is meerely Ecclesiasticall Secular men doe come in as Councellors or sometimes Fiscals or Notaries or other Officers which doe sweare to the Inquisitor But that is because those Secular men which are so present are dependants and subject to the Ecclesiasticall Now in this state the Tribunal is mixt not for Secular Councellors or other Officers but onely for the Representants publicke assisters who depend not from the Ecclesiasticall but are superintendents in the Princes stead The Ecclesiasticals for these many hundred yeares have no other aime but to usurpe the temporall jurisdiction and have purchased a great deale of it with great disturbance of sundry governments and at this present they aime at it more than ever and in particular for the Inquisition in this State and Common-wealth they doe bend themselves with all their cunning to draw it to bee wholly Ecclesiasticall which they would at last bring to passe if they could bring in this Oath making thereby the Representant their Officer And this being once brought to passe the seruples of the one and the small understanding of the other the Offices which would be done by meanes of the Confessors would worke so that Romes and the Inquisitions ends would be preferred to the publicke ends or at least would raise such powerfull doubts in the minde that they would never let any thing be well done which voydeth also an answer that seemes might be given vid. That the Oath might be received reserving to the Prince his ends Answer which taketh not away the dangers For the aforesaid things would so trouble the mindes of men that they would never give way to the sound understanding of it But to colour their attempt the Inquisitors say two things One that Fredericke the second commanded all Consuls and Governours of Cities to sweare The other that the King of Spaine sweares But Fredericke did not command that they should sweare to the Inquisitors for as wee have shewed before the Office of the Inquisition was not then begun but that they should sweare in publicke to him to bee carefull in rooting out of Heresies which had taken roote The Consuls and Governors did not then goe into the Office of the Inquisition with Ecclesiasticall Persons but they alone with the Imperiall Authority did condemne Hereticks and swore to the Emperour to doe it faithfully and besides this forme lasted but a little while and Iohn Andrew a famous Canonist who flourished in the yeare 1300. witnesseth that in his time that Oath was already growne out of custome Philip the second King of Spaine brought in the custome of taking a publicke Oath not to the Inquisitors but to God that hee would never suffer Hereticks to live at freedome within his Dominions which is no Oath of faithfulnesse and secresie to the Office which depends on the King and is commanded by him but a promise to God and a taking away all hope from the Subjects of obtaining from him any liberty of Conscience In the same manner the ancient Dukes of the Venetian Common-wealth at their promotion did sweare to punish Hereticks but it was not an Oath to the Inquisitor but to God and the Common-wealth The equivocation consists in this that it is one thing to sweare absolutely and another to sweare to such a one and this is that which signifieth subjection to him that giveth the Oath The publicke representant can not sweare to any but to the Prince as hee cannot be subject to any one else For which reasons it shall alwayes be necessary to have a regard to this fifth Chapter not as a summary point but a point of great importance The Exposition of the sixth Chapter TO give the Prince notice of what happeneth daily in matters of Heresie as it is contained in the sixt Chapter is a thing of Divine Service and necessary to a good Government where the Inquisition is in the hands of Ecclesiasticall Persons onely they doe not suffer the Prince to know any thing that is done in that Office In this State where the Iudgement is mixed as their aime is that the Assistant since they cannot exclude him should become their Officer so they use their best endeavours to make him keepe secret what is treated off making it a charge of Conscience if any thing be revealed without the Inquisitors leave With this maxime that causes touching Faith must remaine with the Iudges of the Faith Amongst other perverse Opinions which this our unhappy Age is full of this is also preached that the care of Religion doth not belong to the Prince which Opinion is coloured with two pretences the one that since it is a spirituall and Divine thing it belongeth not to Temporall Authority the other because the Prince occupied in greater businesses cannot attend these affaires And certainely it is a thing to bee admired how the world is changed In other times holy Bishops did not preach nor recommend any thing more to Princes than the care of Religion they warned them of nothing nor modestly rebuke them for any thing more than for the carelesnesse in it and now nothing is more preached too or perswaded The Prince then that to him belongeth not the charge of Divine things though contrarywise the Holy Scripture bee full of places where Religion is recommended to the protection of Princes by the Divine Majesty which also promiseth peace and prosperity to those States where Piety is favoured and desolation and destruction threatned to those States where Divine things are held as alien Examples thereof doe abound but because this Treaty will not suffer a long rehearsall of them I will onely say that David being entred into a Kingdome out of order both internally and externally and being very busie both in Warres and in framing a politick Government neverthelesse did set his chiefe care on matters of religion Salomon entring into a quiet and exceeding well ordered Kingdome regarded also Religion more than any other part of Government The Princes most
may observe them if not they may omit them or dispence with them and they doe wonderfully serve for their ends as well when they are observed as when they are disobeyed because they are not to bee ruled by the Lawes but they doe rule the Lawes Contrariwise in other States when they are once published or received they are no more in the Prince his power They must then runne to Rome to seeke a remedy when they are heard and either they doe get remedy or not they regarding not what is behoovefull to another State but to their owne And this is that which the court of Rome would have and every day attempted vid. to have in their hand under colour of Religion the administration of some certaine things without which States cannot be governed by which meanes it would become judge of all governments For this cause the Popes say daily when they would cause their Decrees to be admitted that if there be any inconvenience they should have recourse to them and they will helpe it but the remedy which commeth not from the same Prince but from them who have their proper interests is worser than the sore God whose workes are perfect and who is the Author of all Principalities gives to every one as much power as is necessary to governe well neither will he have it acknowledged from any other but from his Divine Majesty All that which a Prince acknowledgeth from others but from God is slavery and subjection So much is said generally of the consideration which ought to bee had in publishing or receiving Pontificiall Orders made of old in matters of Heresie But much greater care ought to bee had concerning those which shall be made hereafter Of them which are made already the number is certaine it is knowne whether they be received in other places or no how they are observed what construction they receive what is their aime what consequence of good or evill effects they bring with them But for the time to come if the Court might have her liberty the number would grow to be infinite When one newly appeares it is not knowne whether the World will admit of it or no the aime of him that made it is not yet discovered experience hath not shewne what effects it may bring forth and therefore all delay and maturity in receiving of it will bring forth aboundance of conveniency with it It is not said that new reasonable orders are not to bee accepted but that they ought not to be received as of duty or as subjects but by agreement and publicke treaty the institution of that Office requiring it as it is said and with much consideration because of the great dangers that novelties doe bring with them The Court of Rome in making new Buls taketh no great advice with ease they are made because with ease they are revoked or derogated from or dispensed with as it fals to be most commodious for their businesses wherein they regard their owne ends But that which is profitable for one State is not profitable for another The safety of this Dominion requireth that Religion should bee kept inviolate in all her parts withstanding all change and novelty whatsoever The respects of Rome require that no change shall be made through which Pontificiall power may be diminished nor the Court lose any of her profits which she draweth out of other Statues But those novelties whereby the profit of the Court may be increased or temporall authority may bee diminished with the exaltation of the Ecclesiasticall are not to bee abhorred but procured and that wee see daily This most renowned Common-wealth as well as other Catholicke Kingdomes finds it selfe betweene two contraries The Protestants who have no other aime but to diminish Ecclesiasticall authority and the Court of Rome which hath no other aime but to increase it and to make the temporall her servant Whence your Catholicke States and Kingdomes to preserve themselves doe withstand all novelties on the on the other side and doe keepe Religion without any change at all being knowne by experience that either of the novelties are pernicious That reverence which deservedly is given to Religion is the cause that those abuses have easie admittance which come covered with that sacred Mantle For the maintaining of Religion the office against Heresie is respected and for this cause when Rome will bring in some novelty it willingly makes use of that office supposing that the true end will not appeare And that hath beene wrought in the selfe same manner in times past but very slightly in regard of what was done at this present Neverthelesse the Senators of those times were alwayes carefull They would have the Office against Heresie to bee mixt they have opposed themselves against all novelties they have not suffered Ecclesiasticall Persons to doe any thing unknowne unseene or unexamined By these foot-steps must he walke that will have the Common-wealth preserved not suffering new Buls or Decrees to bee accepted within the State if first by mature deliberation it be not made knowne that they will bring in no inconveniences Which deliberation is proper to the Prince who alone comprehendeth the estate of publicke things The Exposition of the nine and twentieth Chapter THe nine and twentieth Chapter which treateth of publishing a prohibition of bookes since the agreement of the yeare 1596. stands in force there can no doubt be made of it But it will be necessary to consider that the agreement being made with so much consideration and maturity as well of the Apostolicall Seas side as of the most renowned Common-wealths side the matter ought to be held of weight This conference lasted foure Moneths on the Pontificiall side there was the Cardinall the Nuntio and the Inquisition and on the other side the chiefe Senators of the Common-wealth cleare arguments that the businesse on both sides was held to be of great weight and neverthelesse though it was determined by common consent yet did it not take away all hope from the Ecclesiasticall Persons to have it forgotten againe and out of use Wherefore then they treated that there should bee but three score coppies Printed of the agreement for nothing else but because there being an innumerable number of the coppies of the Indexes of the forbidden bookes which passe through all mens hands every one might see those documents which give the authority over the bookes to Ecclesiasticall Persons onely but the moderation of the agreement might not be knowne but by few and so finally it might bee lost And treading these steps in Rome there is not a yeare but there comes forth a Catalogue of new prohibition under the name of the Master of the sacred Palace with clauses that it shall take place in all Cities Townes and places of every Kingdome Nation or People and that it shall bind all men although there be no publication who shall come any way to have notice of the Edict This Index is sent to the
Inquisitors that by meanes of the Confessors they may get them to worke the best effect they can and by this meanes the agreement is deluded and groweth out of use And that which is worse when an Index is printed within this City they doe endeavour to have those new prohibitions inserted in them which they also attempted to doe this yeare And if diligent care be not alwaies had as it is at this present they will one day set up a Court of Iustice and open a way to the destruction of the agreement Their intents to make themselves absolute Masters of Bookes and the respects wherefore the Secular power hath neede to watch to the end that they may not obtaine it though they doe not appeare at first sight yet with an easie consideration they are made manifest The matter of Bookes seemes to be a thing of small moment because it treats of words but through these words comes opinions into the world which cause partialities seditions and finally warres They are words it is true but such as in consequence draw after them Hosts ofarmed men In this matter the Romans cannot hide two high pretences which they have The first that so they may prohibit bookes not onely for cause of Religion but also for any of her cause The second that the Prince shall not have power within his owne state to forbid any bookes for any cause whatsoever and if that any be by them approved the Prince cannot hinder although he judge it to be dangerous but that within his Dominions it may be had printed and publickly sold And these two pretences taking once effect they should doe the Temporall power wrong in three notable particulars The first in prohibiting or corrupting Bookes which are good and profitable for the maintenance of a good government The second in prohibiting of Bookes which doe not belong to them to prohibit The third in hindring the Secular Power from removing what shall finde hurtfull to a good government Of which three prejudices we ought to treate particulary for to consider of the remedies About the first concerning the prohibition of Bookes which at Rome are not liked of though they bee good and godly because they maintaine Temporall Power It is a cleare thing that a Prince especially one that ruleth with the Arts of Peace useth this as a chiefe instrument to cause the people to beleeve this to be a firme truth vid. that the Prince is ordained by God and ruleth with Divine authority and the Subject consequently in conscience is bound to obey him and not doing it offendeth God that the duty of undergoing publicke burthens either personall in bearing office or reall in Tributes Customes or such like doth tye the Conscience and bindeth under the paine of sinning to restitution he that refuseth to beare them or doth defraud them Because that the Prince by the Divine Law is above any person that is within his Dominion and may lay a burthen on any mans estate when publicke necessity according to his judgement shall require it Everyone of himselfe without any greater discourse may judge how easily a State may be governed where the aforesaid Maximes as they are most true shall be so beleeved to bee and the disorders which most necessarily happen where contrary opinions are held Ofthese truths written by the Prophets taught by Christ and preached by the Apostles ancient Fathers bookes are also sull and good Divines doe hold them as they are necessary to be beleeved But as there were alwayes in Gods Church those who made use of Religion for worldly ends so the number of them is now sull These under a spiritual pretence but with an ambitious end and desire of worldly wealth would free themselves from the obedience due unto the Prince and take away the love and reverence due by the people to draw it to themselves To bring these things to passe they have newly invented a Doctrine which talkes of nothing but of Ecclesiasticall greatnesse liberty immunity and of her jurisdiction This Doctrine was unheard of untill about the yeare of 1300. neither is there any booke found concerning it before that time then did they beginne to write of it scatteringly in some bookes but there were not above two bookes which treated of nothing else but this untill the yeare 1400. and three untill the yeare â—500 After this time the number increased a little but it was tollerable After the yeare 1560. this Doctrine beganne to increase in such manner that they gave over writing as they did before of the Mysteries of the most Holy Trinity of the Creation of the World of the incarnation of Christ and other Mysteries of the Beliefe and there is nothing printed in Italy but Bookes in Diminution of Secular Authority and exhaltation of the Ecclesiasticall and such Bookes are are not printed by small numbers but by thousands Those people which have any learning can reade nothing else the Confessors likewise know none other Doctrine nor to bee approved of neede they any other Learning Whence comes in a perverse opinion universally that Princes and Magistrates are humane inventions yea and Tyranicall that they ought onely by compulsion to be obeyed that the disobeying of Lawes and defrauding the publicke revenewes doth not binde one unto sinne but onely to punishment and he that doth not pay if he can but flye from it remaines not guilty before the Divine Majesty and contrarywise that every becke of Ecclesiasticall persons without any other thought ought to be taken for a Divine Precept and binds the Conscience And this Doctrine perchance is the cause of all inconveniences which are felt in this Age. There want not in Italy pious and learned persons which hold the truth but they are not suffered to write nor to print Something comes written from another place but presently it is prohibited And little thought is taken of Hereticall Books especially those that treate of the Articles of Faith but if any one comes that defends the Prince his Temporall Authority and saith that Ecclesiasticall persons are also subject to publicke functions and punishable if they violate the publicke tranquility these are condemned bookes and persecuted more than others They have gelded the bookes of ancient Authors by new printing of them and taken out all which might serve for Tempoporall authority In the yeare 1607. they printed in Rome with publicke authority a Booke intituled Index Expurgatorius where they did note the places which in divers Authors ought to be cancelled in which book every one may with eyes behold what things are taken away or changed in many good Authors which did defend the Authority given by God to the Prince So that at this present in reading of a Booke a man can no more finde what the Authors meaning was but onely what is the Court of Romes who hath altered every thing And that above all things would be thought incredible if it were not seene in Print Pope Clement the eight
evill with the colour of good this being a pernicious dissimulation but to set up one good thing behind another to cause it to passe without naming of it to make the execution of it easie or for some other end is not to be reproved and the Holy Scripture doth give infinite examples of it If an Edict were made by a Secular Magistrate that no Booke-seller should sell bookes without Licence because Hereticall bookes should not come in having an intent that way to hinder not onely Hereticall but all other kind of evill bookes also it were not a thing to be reproved neither had the Cardinall any reason to enveigh against so just a thing But it is worse when he saith that they must have a recourse to the Bishop for that would bee a most unperfect Government which in it selfe had not a meanes to provide for a thing so necessary and should stay for a remedy from him that should give it according to his proper interests and not according to the publicke necessity In matter of bookes wee ought to distinguish that it is one thing to judge whether a booke bee Hereticall or no which belongeth to Christs Ministers onely neither hath Secular power any part therein And another thing it is when a booke is knowne by the Church to bee Hereticall to forbid it by Law which is not so proper to the Ecclesiasticall but that it may very laudable bee done by the Secular power In the Primative Church Hereticall bookes were examined and declared to be such by the Counsels but not prohibited by them but by the Prince The first Counsell of Nice condemned of Hereticall Doctrine of Arius the Emperour Constantine did forbid his bookes by Imperiall Law The second Counsell of Constantinople did declare Eunomias to be a Hereticke The Emperour Arcadius did prohibit the bookes of the Eunomians by a Law which is in the Theodosian Code The third Counsell of Ephesus declared Nestorius to be an Hereticke and his bookes were forbidden by a Law of Theodosius which is in the body of the Civill Lawes The fourth Counsell of Calcedon condemned the Entichians and their bookes were forbiden by a Law of the Emperour Martian who is in the same foresaid booke This was the manner of the ancient Church untill the yeare 800. since which time the Popes of Rome have declared divers Writers to be Hereticks And the Princes have let that Declaration passe without any other Law of theirs but it is not therefore to be said that they have deprived themselves of their authority of forbidding things hurtfull to their State A Hereticall booke offends the Church and disturbs a peaceable life The first respect which is spirituall belongeth to the Ecclesiasticall to discerne good bookes from evill and to the Secular as Protector of the Church to helpe it But for the second respect to withstand novelties for the publicke repose the Secular ought not to trust to other mens care nor have recourse to any one but to abound in care forbidding all what may in any respect hurt a good Government It ought to be held for an undoubted conclusion that the Secular power may forbid within its owne jurisdiction any booke though approved by any other and besides his power hee ought also watchfully to consider what danger it is if his subjects doe swallow any opinion which is repugnant to good Government I will also put it in remembrance that as it is a great good to the Common-wealth to have every booke that is to be printed examined with such care as is accustomed in this State so it would not be of lesse good to have every booke which is printed abroad and brought hither examined before it be sold It is a folly to thinke that the Common-wealth may be damnified by the printing of an evill booke and not if it be printed in another place and so scattered abroad It is true that some things may be suffered in one that is already printed which would not be suffered in one which is not printed But things of importance ought equally to be handled as well in those that are printed as in those that are to print And as it is sometimes wisedome in the prohibiting of a booke which is printed without the State to doe it with silence onely intimating it to the Booke-sellers to not have the businesse regarded nor spoken of so it should bee my respectfull advice that sometimes about bookes which are very pernicious it should bee done by Edict and writing for that would bee a putting in practise the proper authority and not giving way to them who say that prohibiting of bookes is a thing properly Ecclesiasticall and that would also accustome the people to it For if the exercising of that authority bee put off till some most urgent or most dangerous case should happen it would run in danger of being thought to bee a novelty and so bee disobeyed It is necessary before wee come out of this matter to adde that some others who have not dared to speake so great an absurdity as Baronius did have stumbled upon another not much lesser granting that the Prince may prohibit bookes as seditious dishonest or infamous but adding thereunto that this prohibition ought to be obeyed for feare of temporall punishment and not because it tyeth the conscience so that he that reades them or keepes them secret is not culpable before God This is a false and perverse opinion and contrary to Christian Doctrine St. Paul with precepts and plaine words saith that every one is bound to obey temporall power not onely because of the punishment but for conscience sake When one commands any thing having not power from God he that doth not obey him him doeth not offend his Divine Majesty But disobeying in that wherein the authority commeth from God hee himselfe comes to be disobeyed and offended Saint Paul who hath beene often alledged but never enough saith that God hath given the Prince charge of tranquillity quietnesse piety and honesty and if for these respects the Prince prohibits a booke because it is seditious another because it is impious another because it is dishonest it cannot be said without contradicting St. Paul that every one is not bound in conscience to obey If it would please God to open the eyes of many to bring to passe that this Doctrine as it is true and Christian so it might be taught and the contrary as pernicious should be confuted innumerable inconveniences would cease which wee doe now see daily Because if there be some in the World who doe worke for the love of honesty the great number of the rest is divided into two sorts The one sort are they who doe well for feare of spirituall punishments and the other for feare of temporall punishments When spirituall feare is taken away their obedience is lost who thinke that they shall lye concealed and shall through favour and other meanes hinder and eschew the punishment And those also
which doe make no account of it which both put together doe make a great number On the other side let us behold how easily some are brought to obedience through a spirituall feare Since God then hath given the Prince these two meanes to cause him to bee obeyed vid. for feare of temporall punishments and for conscience sake for so St. Paul teacheth it were a great losse to forgoe the second of these meanes which is not least necessary with letting the contrary bee spread abroad contrary to Catholicke Doctrine Recapitulating then the heads gathered in this matter of bookes they will be ten The first that those which are contained in the Index of the yeare 1595. what cause soever they are prohibited for the Princes consent having bin to it are alwayes to be held for such The second that for the time to come no prohibition bee suffered what clause soever there be in it although it bee with censure if it be not admitted by publicke authority as it was agreed The third that if the Ecclesiasticall shall desire the publicke consent for prohibition of bookes which treate of matters of Faith so they containe 〈…〉 their proposition being verified shall be agreed unto The fourth that heede shall be alwayes taken that under pretence of Religion Christian Doctrine be not forbidden which defends temporall authority The fifth that it shall not bee granted to the Inquisitor to prohibit bookes for any other cause but onely of Heresie but if any behad for any other respects it shall be prohibited by the Magistrate The sixt that books printed elsewhere though approved by any one else by what authority soever if they be hurtfull to the Common-wealth they shall bee prohibited by the Secular Magistrate or by a publick Edict according to the occasion The seventh that in the printing againe of bookes heed be taken that those things be not taken away which favour temporall power The eight that if any of those that are gelded in which the Doctrine maintaining temporall power is taken out be new printed they shall be printed againe according to the old Coppies The ninth that if the Index of the yeare 1595 be new printed care be taken that no new names be inserted The tenth that together with the same Index the agreement be printed There remaines another poynt to be briefly touched in this matter which is not of so great importance and yet such as of it selfe merits some consideration Which is that the prohibition not being used with due moderation is hurtfull to the sale of bookes and to the Art of printing for if a booke be printed which hath bin seene by the Inquisitor and the Bishop and by them approved yet if at Rome any thing be found though of small moment not against Religion for in such a matter nothing can be of small moment but against somewhat touching the Court which the Inquisitor hath not entred into who granted the Licence They prohibit the booke to his losse who caused the booke to be printed and is in no fault having the Inquisitors approbation and this disorder is frequent and would be more frequent if they did not feare that upon the Booke-sellers complaints Princes would give eare unto it for every Courtier to get credit sheweth himselfe carefull in marking the prejudices of the Court and also the shadowes of them not onely in bookes printed out of Italy but in them also which are approved by the Inquisition and even in them which are printed in Rome it selfe It were just that if any thing were found contrary to Religion in a booke printed with approbation the charges should be paid by him that hath approved it since the Booke-seller is not in fault But if any thing bee found which for its owne proper respects is displeasing to the Court it seemeth not reasonable that a prohibition should be granted which seemeth also to be so resolved on by the agreement of the yeare 1595. when it saith that for the time to come no bookes be prohibited but forraigne ones or printed without Licence or with false Licence although such words might be cavilled upon because they have made no exception of Religion but the agreement beeing Construed in this Sence cannot chuse but bee Commended The Exposition of the 30. and 31. Chapters THe thirtieth and one and thirtieth Chapters which speake of Secular Arts and of Artificers faults can never bee too exactly observed Every well ordered Common-wealth when some cruell kinde of offence ariseth doth make a Magistrate a purpose to take notice of that onely that the care of other things may not divert him For this cause in the Christian Common-wealth was the office of the Inquisition appointed which should tend onely to the rooting out of Heresie It is most naturall for every one who hath the universall jurisdiction to put over many things to him that hath the particular jurisdiction or suffer him to usurpe it and it useth to be easily done because of the great power that is given him and because that he who hath the universall jurisdiction employed in many businesses sometimes doth not give heede and sometimes if he he not a man of good knowledge thinkes that it is a helping of him so that he doth not onely not withstand the inconvenience but doth favour it A cause not belonging to him that hath the particular jurisdiction being once taken serves for example to take it the second time and from divers times a Custome is framed which afterwards serves for a Law and cannot be taken away without many difficulties and the universall jurisdiction comes to be diminished and the way is opened to the disturbing of the government By these wayes and occasions the Inquisitors against Heresie have not onely strived to draw divers other causes to their Office but also to appropriate unto themselves the government of the trade of Bookes and to command divers others alleadging therefore two kindes of reasons The one is that they doe not command any new thing and that which without their command ought to bee done for if they doe enjoyne the Butcher that he shall not sell flesh in Lent hee is bound without that to not sell it so that the command ement is an admonishing them of their duties So likewise they say that they doe not cause such persons to sweare any thing but what they are bound to doe For if they cause Booke-sellers to sweare that they will not sell prohibited Books they are already tyde to doe it so there is nothing done but to adde a greater provocation to performe their owne duties But this reason is cavillous it being one thing to warne one of his duty and another to command it him The Preacher and the Confessor doe admonish without usurping others authority because they impose no penalty nor use any meanes to make them obey this is onely a teaching which is not joyned with constraining That commanding which carryeth in consequence a revenge against the disobeyer