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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	church_n	old_a	testament_n	6,574	5	8.1314	4	true

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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

Religious persons who whether their error breeds of ignorance or of some sinister affect haue made choise rather to depart from the Citie then to goe forward to celebrate and Minister the Sacraments as they were ordained to doe by the Prince both for the good of the Common-wealth and the Religion Nam ipsi sibi fuerunt lex and would not follow the example of the Cathedrall Church and of all other holy and auncient orders of Religious nor of all the parishes vnto whom I will say with Christ Quòd expediret vt suspenderentur molae asinariae in colla eorum vt non scandalizarent pusillos meos Besides to defende the libertie of the naturall Prince who maintaines and conserues amongst the people peace libertie and Religion is a thing de iure Naturae that is as much to say as Iure diuino whereas sentences Ecclesiasticall are de iure positiuo which must yeeld vnto the other especially when there is question of the Nullitie of them whereupon some doe deceiue themselues which thinke that this controuersie is about matter of faith sith it is onely about maners So that Sir you may go forward to celebrate and communicate and to doe whatsoeuer you did in your Church before the publicatiō of the Censures not only because you write to me to be resolued to do it but also to auoyd the scandale both because a sentence of no force is not to be obserued cùm constat de nullitate and also that you doe not separate your selfe from your head which is the Prince in controuersies of Iurisdiction which haue no ground of Reason Nay I am of opinion that he which shall not heare Masse at least vpon the holy-day shall commit sin their Sentence being of no force and it being celebrated in all places Nolite agnoscere timorem vbi timor non est nolite trepidare c. Let it not be said of you which haue beene alwayes faithfull to your Prince and to the Commonwealth that Filij matris meae pugnauerunt contra me but obey the Apostles precept Omnis anima potestatibus sublimioribus subdita sit non solùm propter iram sed propter conscientiam This I say not because I doubt of your constancie perswaded as I am of your selfe and all others of that City that you are most ready to spend your liues for your Prince but because the iustice of the cause which is manifest vnto you may be much more apparant by this my answere For a Conclusion let mee aduertise you that although the Segniorie of Venice haue ordained vpon paine of life that all the Religious keepe open their Churches and proceed to doe their dueties as they did before yet haue they not done that for feare But because that Citie hauing bin alwaies Catholike and now more then euer professeth to conserue it selfe so it will not suffer that in the exercises of pietie there should bee any change or that the intermission thereof should be occasion of precipitaon vnto any which euill the Prince is bound by all meanes to remedy by the Law of God for the interest of the Church Many other authorities and reasons I could haue adduced in this discourse which would haue made for me But for the haste you haue made me make and for the desire I haue to vse breuitie I leaue them all reseruing my selfe to write of this matter at large in a booke Of the Supreame authoritie of a secular Prince which shortly I will set forth in the Latine tongue In the meane time let me put you in mind that you read the doctrine of that most sound Doctor Nauarr who in all that is said before is of our side as in particular Cap. Nouit de iudicijs Notab 3. and in his Manuel Cap. 27. de Censuris And to omit other particularities that you retyre your selfe to that most secure Port of that notable doctrine which teacheth that all Ecclesiasticall persons if they enioy any exemptions they enioy them not de Iure diuino sed ex priuilegio principum Which Priuiledges do retract diminish and enlarge as pleaseth them when new reasons present themselues vnto them to doe it to the profit of the Dominions subiect vnto them euen as Popes doe with the Priuiledges of Indulgences and other things depending vpon their Spirituall authority the which they sometimes annihilate sometimes diminish somtimes increase at their pleasure And because the doctrine which I haue produced is not mine but all drawen out of the bookes of deuote and Catholique Doctors I wil adde no more now for the confirmation thereof Our Lord IESVS giue you Consolation