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
the judgement place shall bee before him to whom the Defendant is subject But where there is no private interest but a publicke respect the Person is not looked after but the cause and though the Person bee Secular yet if the Cause bee Ecclesiasticall the Ecclesiasticall Iudge shall judge it So in these daies Matrimoniall Causes are esteemed to be Ecclesiasticall and therefore though the Person bee Secular yet are the Causes Iudged by the Bishops So Causes that are purely Secular as the administration of publicke Offices Causes of plenty of health offences which trouble the publicke rest doe belong unto the Secular power although the Persons bee Ecclesiasticall If the offence be mixt there is a mixt Magistrate instituted to whom without attending the quality of the Person belongeth to judge all matters of that kind And because that Heresie doth corrupt true Christian Doctrine it is an Ecclesiasticall offence and because it disturbeth the publicke rest it is Secular therefore there is a mixt Iudgement Seate appointed with an Ecclesiasticall judge and a Secular Assistant And in the practice of it there is no repect had of the questioned Person for then the Ecclesiasticall should Iudge the Priests and the Friars and the Magistrate should Iudge Secular men But the Heresie of the Secular man is as much against the Catholicke Doctrine as that of a Clarke and a Hereticke Priest or Frier troubleth the publicke Government as much or peradventure more than a Secular one And as the Secular office appoynted concerning Corporall health and if it finde an Ecclesiastical person bringing in of infected goods he doth not put over the judgemēt tothe Ecclesiastical judge but burneth the goods packeth away the suspected person because the publick temporall good is in uestion so the mixt office of the Inquisition doth not put over an Eclesiasticall Person but judgeth it because that the publicke good both spirituall and temporall is treated of And this is further confirmed because that though offences committed by Regular Friers are punished by their owne superiours yet they cannot entermeddle in cases of Heresie but goe to the Inquisition without regarding that the person is a regular It is yet made more manifest in that that cases of Heresie being more against Ecclesiasticall Persons than Secular ones in the agreements made with the Apostolicall Sea especially in the yeare 1551. they of Rome would have made that exception which being not made shewes that they have not held the generall Rule vid. that the Secular should meete in all cases This ninth Chapter besides that the justice of it requires the keeping of it ought also for divers other respects with all diligence be put in execution First because we have shewed above how necessary it is to a good government to have the Prince know of all occurences that happen in such matters for the great importance of maintaining Religion But if the Assistant should not meet at judgements against Ecclesiasticall Persons and these are the most important most dangerous and most frequent then the state of Religion within his Dominion should not be knowne which would be most absurd Secondly seldome happeneth a case of Heresie in an Ecclesiasticall person but a Secular is a confederate in it in which case one would not know what to doe for to divide the Contents of the cause it is impossible to leave a Secular person to a judgement meerely Ecclesiasticall is more unfitting There remaines nothing then but to have it judged before the ordinary mixed Tribunal and questionlesse if this way were once given under divers colours of annexed connexed dependent and emergent the Secular would be altogether excluded Therefore according to reason the most wise determination of the Senate named in this Chapter ought to be observed For proofe of the second part vid. that the Assistants shall bee present at the framing of Processes though the Denunciations be given in other places we must suppose the stile of that office to be approved by continuall custome and also by reason For if a person be denounced at the Tribunall of the Inquisition who hath his dwelling in another place and that he be not personally under that jurisdiction the Inquisior receives the Denuntiation examines the Witnesses and frames the Processe as farre as may be done in that place and so framed he sendeth it to the Inquisitor of the place where the delinquent liveth that the cause may be prosecuted and he dispatched It happened in the Yeare 1610. that Father Avaroldo a Capuchine was denounced at Rome for a certain opinion concerning Antichrist and from that Inquisition was the Processe sent to Brescia where the Father was The Inquisition of Brescia proceeded in the cause without the Assistance and answered the Governours who hearing the event did finde themselves agrieved with it that the Governours ought not to assist but onely in causes which were begun at the proper Tribunal but not when the Denunciation was given at Rome If this were admitted it would not onely be against reason and the lawfull custome but it would also be a secret to take away quite and with ease the Assistance The Inquisitors to take away that bond of having Assistants to increase their owne authority and to doe the better service to the Court of Rome would worke with the Denouncers under faire and appearing colours that the Denuntiation should not be given into that office but at Rome which would be easie being content to doe it either by Letter or Petition and in this manner in all causes the Secular should bee excluded But the legall definition is that as every office or Inquisition receives Denuntiations against the absent according to their owne Rites Formes and Customes so the proper office frames the Processe and gives sentence according to his It was needfull to take notice of this particular for feare least any deceived with shewes should be carried away to a publicke prejudice it being to be held for an infallible rule that the publicke representant must assist to every act done in that office without any exception The Exposition of the tenth Chapter THe tenth Chapter that the Representants shall assist at all the Acts of the Processe is necessary for the taking away of divers abuses which are brought in for in some places all the informative Processe was made without any assistance in others the whole defensive and in others after the denuntiation received by the Inquisitor alone and the Governours were called to the examination of witnesses All which wayes were prejudiciall since things once done are alleadged by example and so they goe on from the first to the second and in processe of time a custome is established which afterwards hath the force of Law But that which is of no lesse moment is that it being the Assistants charge to give the Prince notice of all occurrences and to protect the Subject if he were oppressed by the Ecclesiasticall he can doe neither the one nor the other without
who are of Iewish or Moorish race are examined at the Inquisition for the suspition of Heresie and punished with branding for the offence If a Turke or Iew become a Christian be found to have two Wives hee may bee tried in the Inquisition for his suspected beliefe and for the offence in the ordinary Court of Iustice But when either for carnality or to steale the portion or for any such ends any one hath taken a second Wife they ought without any circumstance to proceed doing Iustice in the ordinary Secular Court punishing the offence as the quality of the particular circumstances shall require preferring the common opinion of Lawyers and the Universall custome of Courts to cavils onely invented to confound jurisdictions The Exposition of the three and twentieth Chapter IN cases of usury as it is said in this Chapter it is questionlesse that the Inquisition ought not to meddle in them So have many Popes of Rome answered Inquisitors who have purposed to draw cases and questions of Usury unto their Office and the Decree is also Registred in the Canon Law where to exclude absolutely all cases of usury out of the Inquisition and to provide that by no indirect way nor under any good colour it might be attempted to judge of any the Pope saith That though the Inquisition had enjoyned some converted Hereticke such pennance as if hee had beene an Usurer he should make restitution yet for all that not so much as against him can they meddle in such cases It is behoovefull both for Gods Service and the reputation of the Inquisition Office with all diligence to keepe many causes from them So this Chapter being cleare wee neede not say any more of it The Exposition of the foure and twenty Chapter IN this Chapter is set downe that Iewes nor other Infidels shall for no cause be subject to the Inquisition Office but onely to the Secular Court It was said by the Apostle St. Paul plainely that the Ecclesiasticall Power doth not extend to judge those that are not of the Church And so much hath bin held and observed also in these latter times Pope Innocent the third declared that they were not subject to the Pope neither to the Law nor yet to bee judged since that by vertue of the Law the Iudge doth exercise his Office Besides the Infidels of what kind soever they be are not capable of Spirituall punishments and therefore are not subject to the Church which punisheth with such In the Body of the Civill Law there be prohibitions and punishments against Iewes which blaspheme or injury Religion or draw Christians to Iudaisme or to offend Iewes which are become Christians And the Popes of Rome themselves have not used any other remedy against Iewes and other Infidels who have offended in wronging or slandering Religion but onely to excite Princes and Secular Magistrates to doe their duty in punishing them To this purpose there be many Decrees in the Canon Law Some Princes to discharge themselves of the trouble of judging such causes have delegated them to the Bishops which hath not pleased the Popes very well The King of Sicily having delegated power to some Bishops of his Kingdome to punish the Sarazens of his Kingdome in certain cases where they offend Religion Pope Alexander the third did write to them that they should onely punish such offences for which was sufficient a pecuniary Mulct or whipping without blood-shed But if the offence did deserve any greater punishment they should not meddle with it but should leave the judging of it to the temporall Power This authority established by the saying of St. Paul confirmed by the Canon and Civill Lawes and by Customes none should attempt to contrary it But the desire of enlarging authority doth so blinde some men that without regarding so much plainenesse they turne themselves to cavils of no moment saying That if God doth punish and hath punished Infidels the Pope and the Inquisitors his Delegates may and ought also punish them A reason which would prove that they might punish both Christians and Infidels and all manner of offenders for all manner of offences though never so concealed and also sinnes onely conceived in the minde for God doth punish all these The truth is that Christ hath not given his Vicars any power but onely over his Church and in spirituall things and therefore they can judge none but Christians nor punish them but onely with spirituall punishments The temporall punishments God hath committed to the Secular power for punishing all manner of offences and against all offendors be they of what Religion they will And certainly to make an argument from the Divine Omnipotencie to humane authority it agreeth not with the reverence due to the Divine Majesty But another thing must bee considered for they say that although Infidels be not subject to Ecclesiasticall power yet when they doe offend the Church reason will that she may defend her selfe by punishing them it being a terme of Law That he who is not subject to a Territory by reason of an offence committed in it becomes subject to it which things well understood are all most true yet doe they not conclude in this purpose For the Church must not be denyed the defence of her selfe if she be offended but she ought to doe it with all offenders by meanes of the Magistrate The Infidell who violates holy things and offends Religion must not remaine unpunished and the Church may defend it selfe but not with its owne forces but with the authority of the Magistrate to inflict punishment doth not belong to him that is offended but alwayes to the Iudge and when by an offence the Delinquent should have his Court of Iudgement allotted him hee becommeth not subject to him that is offended otherwise every private man might chastise him that doth offend him but he becommeth subject to the Iudge of the place where the offence is committed Wherefore these reasons prove nothing but that the offence done by the Infidels to the Church ought to bee punished by the ordinary Secular Court of judgement and so much the rather ought this to be observed because both Divine and Humane Lawes doe order it so when such sorts of offences deserve greater punishments as indeed such offences for the most part are so grievous that they will deserve greater punishment than the Inquisition would inflict upon them In the yeare 1581. Pope Gregory the thirteenth framed a Bull against Jewes in which he did subject both them and all other Infidels to the Inquisition in tenne cases so fully set downe that if it should be observed no Infidell might inhabite nor trade within Christian Dominion This Bull although it were imprinted yet was it published or received but in very few places and it were impossible to observe it Yea Pope Sixto the fifth and Clement the eight not regarding it did give Infidels safe conducts to come to the City of Ancona And that which is most
where they had not the like power they did implore the secular ayde to punish them After the yeare 1100 by reason of the continuall unkindnesses which for fifty yeares before had bin betweene the Popes and the Emperours and lasted afterwards for a whole age untill 1200. with frequent Warres and scandals and the little Religious life of the Clergy there did arise an infinite number of Hereticks whose most common heresies were against the Popes Authority In those dayes the plague of heresie grew so fast that where the multitude exceeded there was a forced tolleration A Bishop where he could did proceed in those causes the Popes of Rome did with frequent Letters exhort and excite them to their duties neither untill the yeare 1200 was ever heard the name of the Office of the Inquisition or of Inquisitor against Heresie But the Bishops their Vicars being little able and lesse diligent to performe that which the Popes desired and had beene necessary to have beene done there were in those dayes most opportunely instituted the two Religious Orders of St. Dominick and St. Frances which in short time were filled up with the most zealous and learned Persons of that Age altogether given to the maintaining of the Church of Rome and the Pontificall authority whom the Popes using against Hereticks they sent them to Preach and to convert them to exhort the Princes and Catholicke Nations to persecute the obstinate and to informe themselves in each place of the number and quality of Hereticks of the Zeale of the Catholicks and diligence of the Bishops and to bring their relations to Rome from whence they had the names of Inquisitors Yet had they no Tribunall onely sometimes they would excite some Iudge to banish or punish those Hereticks which they found sometimes they would stirre up some Potent men to take Armes against them some times they did excite the people sowing a crosse of red cloth upon the garments of such as would dedicate themselves to such an action and would unite them and bring them on to the extirpacion of Hereticks and this lasted for the space of fifty yeares viz. untill the yeare one thousand two hundred and fifty This enterprize of the Fathers Inquisitory was much furthered by the Emperour Frederick the Second who in the yeare 1244. being in Padua set forth foure Proclamations concerning this matter receiving the Inquisitors into his protection and imposing the penalty of fire upon obstinate Hereticks and upon penitent ones perpetuall imprisonment committing the Cognisance thereof unto the Ecclesiasticall Persons and the condemning of them unto secular Iudges and this was the first Law that imposed punishment of death upon Hereticks which Law by reason of the cruell discords that arose in those dayes betweene the Emperour and three Popes successively did not bring forth that good effect of rooting out the sprung up Heresies but being all busied in Warres and dissentions as well the Popes and other Prelates as the Emperours and his Ministers Heresie had time to take roote and increase Finrlly the Emperour Frederick dying that same yeare and the businesse of Germany being in a confusion and Italy in an Interregnum which lasted three and twenty yeares Pope Innocent the Fourth remaining through the death of the Emperour as it were Arbitrator in Lombardy and some other parts of Italy applyed his whole study to the rooting out of Heresies which were much increased in these late troubles and having considered the good the Dominican and Franciscan Friers had done in this businesse Through their diligence having no respect of persons or dangers therein he held it as his onely remedy to imploy them not as before onely to Preach and assemble men marked with the Crosse and to doe extraordinary executions but with giving them a stable Authority and erecting them a firme Tribunall which should have care of nothing else To this two things opposed themselves the one was how they might without confusion take away cases of Heresie from the Episcopall jurisdiction which had alwayes judged them and set up an Office proper to them alone The other thing was how they might exclude the secular Magistrate to whose judgement was committed the punishing of Hereticks by the ancient Lawes of the Empire by the last Lawes of Frederick and by peculiar Statutes which each City was forced to make for feare of overthrowing her government in those great tumults To the first inconvenience the Pope found this remedy which was to make a Tribunall composed of th' Inquisitor and the Bishop in which th' Inquisitor should not onely be chiefe but all and the Bishop should have little more than a name in it and also to give some appearance of Authority to the secular Power he gave him leave to appoint Officers to the Inquisition but to be chosen by the Inquisitors themselves to send with the Inquisitor when any of his Assessors did goe about the Country but of the Election of the Inquisitor himselfe to apply one third part of goods confiscate to the Commonalty and such like things which in shew made the Magistrate the Inquisitors companion but in substance his Servant There remained to provide money for expences which would arise in keeping of Prisons and feeding of Prisoners for which it was ordered that the Comminalty should pay And so it was ordered he being in Brescia in the yeare 1251 and the Dominican Fryers were deputed Inquisitors in Lombardy Romanie and Marca Trivisana Seven Moneths after the Pope writ a Bull to all the Governors Councells and Commonalties of those three Provinces setting them downe one and thirty heads which they should observe for the prosperous successe of the new Office commanding that they should be Registred in the Commonalties Statute Bookes to be inviolably observed Then he gave the Inquisitors power to Excommunicate and interdict them if they did not observe them The Pope did not at that time extend himselfe any further to bring in th' Inquisition into other places of Italy or without saying that those three Provinces were most under his eyes and best of him beloved but the chiefe cause was because in these his Authority was great they having no Prince and each City governing it selfe wherein the Pope had also a part because hee had assisted them in these last Warres Yet for all this the Edict was not easily received whereupon Alexander the Fourth his successor seaven yeares after vid. in the yeare 1259. was constrained to moderate and renew it Commanding the Inquisitors neverthelesse with censures to force the Governors for to observe them For the same cause Clement the Fourth sixe yeares after that vid. 1265. did renew it in the same manner yet was it not fully executed so that foure other ensuing Popes were constrained to imploy themselves in over-cōming those difficulties which thwarted them in causing the Office to be admitted in some places These difficulties did arise from two heads The one was the undiscreet severity of the Friers Inquisitors their
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
he know the whole Processe The least particular altereth the whole cause neither can a businesse be explained or understood unlesse all the circumstances be knowne The Exposition of the eleventh Chapter IN the eleventh Chapter is said that for the aforesaid Reasons they ought not to leave out any act under pretence of slightnesse for there is nothing be it never so small that may not bee the cause either of absolving or condemning And it is added that they must not be content although the Inquisitor aske him leave because that though the principall who ought to be present at an act may give way that it may be made without his presence Yet hee that is to be present in another mans stead cannot doe so It cannot bee denyed but that it would be a great deale more ease for Rulers especially being occupyed in many businesses which the government of a City brings with it to be present at the Inquisition or absent when they would but no jurisdiction is maintained without labour The Court of Rome in these affaires because the Inquisition businesse should not be carelessely handled by reason of extraordinary employments hath given it to persons that have nothing else to doe and for their lownesse hold it as a great honour to exercise the place The Prince whom it most concernes to have matters of Religion well governed thought more decent to employ eminent Persons therein and such as he may trust and therefore he expecteth care out of the faithfulnesse of his Representants though they be employed in other affaires The Exposition of the twelfth Chapter THe twelfth Chapter unfolds the manner and remedy that must be used in case an act were made against the due forme and that is by setting businesses againe into their first estate with such pleasing remedies as shall be requisite The Exposition of the thirteenth Chapter THe thirteenth Chapter which treates of Informative Processes which are to be sent into other places is no lesse to be considered of and requires an exquisite diligence for Inquisitors sometimes at the request and for the interest of their superiours make some secret Processes against the reputation of good men examining such as they are confident of who for the most part are evill persons giving them out for sincere ones and men without exception and upon them Processes are likewise in other places secret sentences framed to take away the reputation of them that are questioned and sometimes to doe them further wrong In the yeare 1590. by reason that some subjects of St. Marke went into France to the warre against the League Fryer Albert da Lugo Inquisitor of Verona framed such a Processe against the most renowned Common-wealth it selfe as if it favoured Hereticks examining persons of very ill quality and knowne to him to be such yet in the end of the Processe hee much commended them to make their credits good The good Father could not send it whither he intended but was discovered and punished as the qualities of the times would suffer though not so much as he deserved In these last troubles in the yeare 1606. there were many framed against Senators and publicke Representants and other persons which truely is a great abuse in that office which should never swerve from sincerity And the greater the abuse is the more ought the Representants to be wary and not suffer any Processe to bee made neither at the request nor command of any in their absence and when they discover any attempt to shew themselves touched by it in such sort as it may be a barre to any such actions and also give good heede to all the Inquisitors proceedings to discover and hinder them The Exposition of the foureteenth Chapter THe foureteenth Chapter to labour that in every Processe should be noted the Assistance hath no difficulty in it because as it is said before the Bishop of Ravello the Apostolicall Nuntio in the yeare 1551. did write it to all the offices of Inquisition in the State The Exposition of the fifteenth Chapter THe fifteenth Chapter that in the Processe there shall be no Decrees inserted by any forraigne authority ought to bee exquisitely observed For most part of the Inquisitions out of this State are reduced to such a forme of proceeding that the Inquisitors doe every foote write to Rome and from thence receive orders what they shall doe so that at last it is as good as if the Processe were framed at Rome and so they free themselves of the bond imposed upon them by the Canon Law to consult of their affaires In this State they have not yet attempted this frequent and subtle abuse but onely in some particular case to favour or disfavour some one It may be thought they write to Rome for Justice or for some good intent whence they receive orders of what they will have done and the Inquisitors to curry favour with a ready obedience put it to execution and they themselves will sometimes to avoyde some contradictions of the Bishops Vicar or some Councellors procure Letters from Rome and by that meanes overcome the oppositions This produceth two evill effects the one that it taketh away the authority of that Tribunal making it subject to him to whom by reason it ought not to be The other that he who is questioned is at more trouble and more cost in defending himselfe The most excellent Senate hath alwayes endeavoured that the authority of their Inquisition office should not be diminished being as requisite for a good government as any other publicke ordinance In Rome the Inquisition was not above that of other places but applyed it selfe onely to that City as others did in their Cities The Pope indeed was superintendent and overseer of them all maintaining neverthelesse the agreements immunities and lawfull customes of every one and so it continued untill Paul the third who did institute a Congregation of Cardinals in Rome giving them the Title of Inquisitors Generall who neverthelesse doe not command the Inquisition of Spaine which by agreement was first instituted So likewise they ought not to take away the authority of this States Inquisition also instituted by agreement some hundred yeares since Which thing I have considered for to conclude that it is not reasonable that Inquisition should take that which belongeth unto this And in effect if the Romish Inquisition should meddle with those causes which are handled within this state as it doth in other places it would be as much as to reduce them all to Rome And to speake in plaine and restrained tearmes as by Law every act which the Inquisitors make without the Assistance are voyd so those Acts cannot be of force which are made out of the State being made without the presence of the Assistants And if those Cardinals should be sent by the Pope as Inquisitors into this State they would not be suffered to doe any thing without the Magistrates presence and that which were so done would be voyd much lesse
important is that in the Commission granted by the Cardinals to the Inquisitors wherein is expressed how farre their authority extendeth there is not the least mention made of Iewes or other Infidels a manifest proofe that they can pretend no power over them But of that Bull of Gregory the thirteenth and other it will be a more fitting place to speake at large in the 28. Chapter To conclude therefore the Inquisition Office is ordained against Heresie wherefore it is not fitting it should be enlarged to other offences Infidelity is no Heresie and the offences which Infidels commit to the wrong and dishonour of Religion have no need of Ecclesiasticall Cognisance but may very well be taken notice of and punished by the Secular power and it ought to be observed it being commanded by the Divine Canon and Civill Law The Exposition of the twenty fift Chapter THe Office of the Inquisition out of this State pretends that it may judge your Easterne Christians upon any Articles even in those wherein the Nation wholly dissents from the Court of Rome In this most renowned Dominion regarding the protection which the Prince hath of the Greeke Nation the Inquisitors doe not extend their pretences so farre but say That the Grecians may be suffered in those three opinions wherein they dissent from the Easterne but if any of them doe hold any sinister opinion in any of those heads wherein their Nation agreeth with ours that they ought to be subject to the Inquisition Which distinction is superfluous and not lesse opposite to the Princes protection then if they were judged in the three different cases also it is superfluous because that there being no Heresies at all at this present amongst the Greekes concerning any of the common Articles this case cannot happen against the protection because that they are bound by their customes to acknowledge no superiour in any thing but onely their owne Priests which thing whether it may justly bee maintained or no may very well be decided by the customes which have ever beene observed The Easterne and Westerne Churches continued both in communion and Christian Charity for the space of nine hundred yeares or more in which times the Pope of Rome was reverenced and esteemed no lesse by the Greekes than by the Latines He was acknowledged for St. Peters Successor and chiefe of all the Easterne Catholicke Bishops In the persecutions of Hereticks they implored his aide and of other Bishops of Italy and this peace was easily kept because the supreame power was in the Canons to which both parts acknowledged themselves subject Ecclesiastical Discipline was severely maintained in each Countrey by the Prelates of it not arbitrarily but absolutely according Order and Canonicall rigour none putting his hand into another mans Government but advised one another by the observance of the Canons In those dayes never any Pope of Rome did pretend to conferre any Benefices in other Bishops Diocesses neither was the Custome yet brought in of getting money out of others by way of Dispensations or Bulls But as soone as the Court of Rome beganne to pretend that it was not subject to Canons but it was according to her owne discretion she might after any ancient Order of the Fathers Councells yea and of the Apostles themselves and that it attempted in stead of the ancient Primary of the Apostolicall Sea to bring in an absolute Dominion not ruled by any Law or Canon then the Division grew And though within these seven hundred yeares a peace and re-union hath beene often attempted yet could it never be brought to passe because they have alwayes hearkned to debates and disputes and not to the taking away of that abuse which was the reall cause of bringing in the Devision and hath beene the true cause as yet of maintaining it Whilst the Churches were united St. Pauls Doctrine was also joyntly held and observed that in cases of publicke Government every one should be subject to the Prince because God commands it so who is disobeyed by him who doth not obey Secular Power by him appointed for the governing of mankind Never did any pretend that he might not be punished for his offences holding it for certaine that to have an exempted power to doe evill is a thing condemned by God and men Saint Paul his words were in every ones mouth vid. Wilt thou bee exempt from feare of Temporall punishments doe well and thou shalt not onely not bee punished but shalt also be applauded by it But if thou dost evill thou oughtest to feare it because the Sword of Iustice for the Divine service to punish evill deedes hath not beene given to it in vaine After the Division of the Churches in the Easternâ— Church the same opinion remained and still remaineth vid. that every Christian for Spirituall businesses is onely subject to Ecclesiasticall power but in Temporall to the Prince And nothing is more Temporall than offence because nothing is more contrary to the Spirit There continueth also amongst the Greekes that Doctrine that Bishops ought to judge which opinion is Catholicall and which hereticall but to punish those who hold hurtfull opinions belongeth to the Secular Now the truth being thus in the things aforesaid which are manifest and cleare the Inquisition ought not to meddle with the Greekes for foure reasons First because that whilst a cause remaines undecided it is not reasonable that the one party should bee judged by the other in their owne controversie But this is the controversie betweene the Greekes and the Court of Rome that they require the observation of the Canons which subject each Nation to their proper Prelates and the Court of Rome pretends to bee above the Canons Therefore the Greekes ought not to be judged by the Romish Officers in this controversie The second is because that it is certaine that before the division the Grecians were in Temporall judgements subject to the Secular Magistrate and in Spirituall to their superiors Therefore it is just to have their right and custome maintained to them The third is because if the Prince should grant the Inquisition power to judge the Greekes hee should deprive himselfe of his proper Authority which he may withquietnes exercise not without troble give way to have it exercised by others The power of punishing offences in the Greekish Church hath alwayes beene in the Prince and the Greekes in these dayes doe confesse it and desire it may so continue So that with quietnesse justice may be administred by the Magistrate whereas the leaving of it to the Inquisition with contradiction of the whole Nation might bring in a thousand inconveniences The fourth because the most renowned Common-wealth gives the Greekes leave to live according to their customes but their custome is that in Secular things and in the punishing of any manner of offence they shall be subject to the Prince and in spirituall things they shall obey their Priests therefore maintaining the protection which is promised them
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
in the yeare 1595. in the Index published a rule that all Catholicke Writers Bookes written after the yeare 1515 might be corrected and amended not onely by taking away what is not conformable to the Doctrine of Rome but also with adding to it This Precept hath beene put in practice and executed continually these seventy yeares though it hath beene done publickly but some few yeares since So that if in Authors wee finde no good Doctrine favouring Temporall authority wee know who hath taken it away If wee finde any that favoureth the Ecclesiasticall we know who hath put it in and finally we may be assured to have no booke true Wherefore since the onely aime is to extinguish or corrupt those Bookes by which onely well minded men might receive necessary instruction The Secular Magistrate ought also to be circumspected and not suffer himselfe under faigned pretexts to bee deprived of more than heretofore hee hath beene and when new mention is made of prohibiting any booke which treateth not of Articles of Beliefe to informe himselfe well of the Doctrine which it containes and of the ends for which the Court of Rome would forbid it before he gives his consent And if any good and famous Authors Booke should be new Printed to see that the good Maximes be not taken out or new ones inserted contrary to the Authors intention Yea publicke service justice and honesty would require that good Maximes should bee printed againe and that those Bookes which have beene corrected by taking away or altering things favouring Temporall Authority given by God should againe be restored according to the first and uncorrupted Coppies according to the Authors meaning And because by new prohibitions sent out under hand the force of the agreement may not be deluded or diminished when the Index of the yeare 1595. is printed the agreement also should be printed at the end of it Taking notice of the prohibiting of Bookes is not onely necessary to prevent the extinguishing of good Doctrine in Italy which beginneth now to be done but also because that under the pretence of good the Inquisition may not usurpe that authority which doth not belong to it forbidding of Bookes which though they be evill yet have nothing to doe with Religion which is the second prejudice The Ecclesiasticals have declared unto us that they prohibit books for eleven causes of which there be five that doe in no wise belong unto them The first of them is when the Booke containeth any thing against his neighbouts reputation especially Ecclesiasticall Persons or Princes The second if it containes any thing against Ecclesiasticall liberty immunity and jurisdiction The third if with politick propositions of ancient Princes or Historians they favour tyranny The fourth if the Booke containes conceites or quippes against any ones reputation The fifth if they containe lasciviousnesses and other things against honesty There is no question but those Bookes wherein such absurdnesses are found ought to be condemned but every one may not doe it it were breeding a confusion in the World if every one who knoweth an order to be good might Decree it That belongeth to publicke authority which onely can make a Law upon that which belongeth to her Government He that is zealous and seeth the evill which is in a booke let him procure the suppressing of it and hee doe well by his authority that may lawfully doe it The diligence in seeking out and discovering of an evill is commendable but to goe about to remedy it when it doth not belong unto him is usurpation and ambition If by a booke the neighbours reputation bee touched though he bee an Ecclesiasticall man it belongeth not to the Inquisition to right it That Office is against Heresie and is not to protect any mans reputation The Secular power is protector of mens honours and he is to defend it and to punish any one that doth wrong it with deeds words or writings Let the Inquisition be carefull that by bookes there is no Doctrine sowne against the Faith and God hath provided a Magistrate to give a remedy if by deeds words or bookes any mans reputation is wronged If Ecclesiasticall Persons doe see any injury done to themselves or to others it is just that they may crave the Magistrates helpe and expect amends through him If any thing bee written against Ecclesiasticall liberty and immunity because it is enjoyed by priviledge from the Princes it belongeth to the Prince to maintaine it to them as farre as the publicke Service will permit it were not good that every priviledged Person might out of his owne power defend his priviledges Would God there were Bookes which might deserve prohibition for being against Ecclesiasticall liberty rather than Bookes that doe deserve it for extending it so farre as it doth confound all government It usurpeth and taketh away that which belongeth to the Secular and shameth Christs Ministery which is for Celestiall things and not to become masters of Terrestriall committed by God unto others It is not a lesser but a greater evill to extend Ecclesiasticall liberty so farre as it may become irregular then to restraine it more than it ought to bee What is the cause that no booke is censured Because it vaunts it too much and taketh away the temporall The best way to maintaine it is not to prohibite those bookes which keepes it within the bounds but rather those which doe make it hideous for the absurdnesse of it wherefore it ought not to bee denyed but if any one should write in this behalfe contrary to truth the Magistrate ought to proceed against the author and the booke and observe the decency and authority due to the Ecclesiasticall order but it is not just that they should right themselves If politicke things be written according to the maximes of Princes and ancient Historiographers according to all mens opinions it belongeth not to the Ecclesiasticall to judge of them if they be tirannicall that belongeth onely to Princes to whom is proper the Government of States Private men doe not understand it and much lesse the Ministers of Christ to whom is severely forbidden to entermeddle in it and if any one will goe further hee must not thinke to remedy it with his owne authority but to signifie it to him to whom it belongs to helpe it As it is also most plaine that those who desire to have an unresistioned liberty doe give the name of Tiranny to the lawfull power given by God to that Doctrine which opposeth it self to their attempts so that under pretence of Religion they will become arbitrators of all Governments The same is to be said of bookes containing conceites or biting quippes which directly or indirectly doe offend in any one and if they doe teach ill manners laciviousnesse surfeits which offend the publicke dignity none of these excesses is Heresie that they should belong to the Inquisition The Inquisitor is made a Iudge of the beleefe and not a censurer of
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