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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

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giue it a better institution shewing that this is a commandement to all both Clergie and Laity which hee declareth in the beginning saying Omnis anima potestatibus sublimioribus subdita sit etiamsi Apostolus Euangelista Propheta aut quisquis tandem fuerit Let euery soule be subiect to higher powers whether he be Apostle Euangelist Prophet or whosoeuer And for all that doeth not this subiection subuert pietie Whereupon in the old Lawe although the Leuites had a high Priest that was Aaron yet in temporall things causes and iudgements they were subiect to Moyses their temporall Prince as Couuarruuias prooueth Cap. 31. quaest prateca Nu. 3. And in the Primitiue Church there was no difference of Tribunall or Iudgement seate for Iustinian the Emperour was the first which at the request of the Bishop of Constantinople granted that the Cleargie in Ciuill causes might be iudged by their owne Prelates without preiudice notwithstanding to himselfe In which case and in all criminall faults he left it so that the Clergie should be subiect to the Prince and to the Ministers of the Prince temporall as is plainely to be read Nouell Constitu 85. Neither because Constantine the Great said to some Ecclesiasticall persons presented vnto him Vos à nemine iudicari potestis quia ad Dei iudicium reseruamini as Gratian writeth Cap. 12. quaest 1. Can it bee gathered that they be not subiect to secular Princes for this was an excesse of that Emperor to shew himselfe towards the Church benigne and deuote But it was not because he thought so indeed for if he had said true they could not be iudged by Prelates neither the wordes being ad Dei iudicium c. which would be a grieuous errour The Clergie then as well as the Laitie de iure diuino are subiect to the secular Prince Omnis anima potestatibus sublimioribus subdita sit the reason is that as none is excepted from the obedience he oweth to God so hee cannot be excepted from the obedience which is due to the Prince For as the Apostle addeth Omnis potestas est à Deo for which Kings and Secular Princes by the Prophet Dauid are called Gods Deus stetit in Synagoga Deorum in medio autem Deos dijudicat for as King Iosaphat declareth Lib. 2. Paralip Cap. 19. The Secular Iudges Non hominum sed Dei iudicia exercent The same place Christ citeth in Saint Iohn Cap. 10. and confirmeth that the name of Gods belongeth vnto them Si illos dixit Deos ad quos sermo Dei factus est as Bellarm. learnedly noteth Cap. 3. Lib. de Laicis The Apostle goeth forward and sayth Qui potestati resistit Dei ordinationi resistit behold here the Authoritie that Princes haue to make Lawes vpon euery matter which shall binde euery person according to that which is read in the Prouerbs of Salomon where God sayth Per me Reges regnant legum conditores iusta decernunt Hence is it that the Christian Emperors Iustinian and Theodosius in the Code haue made many lawes concerning Ecclesiastical persons their goods and gouernment vnder the titles of Episcop Cler. Sacrosanct Ecclesiis To these Lawes the Apostle commandeth obedience without resistance because they which shall make resistance Ipsi sibi damnationem acquirunt that is do commit mortall sinne wherein if they die they shall be condemned to the eternall fire of hell Moreouer the Apostle commandeth to pay to the Prince Tribute of euery thing Cui vectigal vectigal cui tributum tributum sunt enim ministri Dei ad tributa which place the Angelicall Doctor Thomas Aquinas master of Diuines the sonne of the Cath. schoole sayth That if the Cleargie be free from Tribute they haue not that Priuiledge as some thinke Iure diuino but ex priuilegio Principum speaking there of Secular Princes Finally I conclude with Saint Paul for the authoritie of the Prince Non enim sine causa gladium portat Dei enim minister ad vindictam behold the authoritie of the Secular Prince Punire poena sanguinis which the Ecclesiasticall Prelats not hauing after they haue disgraded malefactors of the Clergie and declared them vnfit for Ecclesiasticall degree they can goe no further but to haue them punisht by death deliuer them to the Secular power And that no man should thinke that his words were words of counsell and not of precept to make all sure the Apostle affirmeth Ideo necessitate subditi estote non solùm propter iram sed etiam propter conscientiam So that wee are bound in conscience to obey the Secular Prince in all things abouesaid as we are taught by S. Paul ¶ The second Proposition OVr Sauiour Christ although as the Sonne of God equall to the Father is Rex Regum Dominus Dominantium Notwithstanding beeing clothed with our mortalitie neither before his death nor after his most holy Resurrection did hee exercise power as a temporall Prince Hee had no temporall kingdome as he said to Pilat asking him Rexestu he answered Tu dicis but though I be a King notwithstanding Regnum meum non est de hoc Mundo that is a Kingdome temporall Wherupon when those people which were miraculously fedde by him with fiue loaues and two fishes would haue made him a King aufugit ne raperent eum facerent ipsum regem Hee would iudge no man for he answered to those which would haue had him giuen sentence in one of their controuersies Quis me constituit iudicem super vos yea hee acknowledged Pilate the minister of Caesar for his iudge Non haberes in me potestatem nisi tibi data esset desuper as S. Thomas noteth in the Epistle to the Romanes Finally he commanded that tribute should bee paide to the secular Prince Caesar Reddite quae sunt Caesaris Caesari Some do oppose to this proposition of ours saying though Christ paied tribute to Caesar for himselfe and Peter yet he said that he was not bound to pay it Nunquid filij debent soluere tributum wherein say they he tooke vpon him the right of a temporall Prince who is exempt from tribute To this is answered that those of the Countrey as some Doctors say called by the name of Children were not bound to pay tribute and he being of the Countrey and S. Peter also he affirmed that he was not bound Others to further contradict this proposition doe alleadge that Christ did cast out the buyers and sellers of the Temple Which is answered that hee did this as a Prophet vpon zeale for to the like purpose the Euangelist citeth the verse of Dauid Zelus domus tuae comedit me Others say that when he sent his Disciples to bring him the Asse and the Colt he appointed them to say to the master Dominus opus habet that is The Lord of all the world But that place is not vnderstoode to drawe from thence the authoritie of a Prince but to signifie that the Lord of heauen and earth