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
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
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
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
and the blasphemy to be left unto their judging and they give two reasons for it The one is that when in the offence there is the principall and the accessory the principall draweth the other unto it but in hereticall blasphemies suspition of Heresie being the principall and belonging to the Inquisition the blasphemy also ought to belong unto it which is but the accessory The other is because it seemeth too cruell to them to have one offence punished with two sentences and doe alledge the common saying that there are not two Iudgements allowed against the same fault but these oppositions are easily answered The first because that suppose the suspition of Heresie were the principall which thing St. Thomas doth not allow yet neverthelesse it is not necessary that it should draw the blasphemy along with it since they are not so connexed together that they may not be severed and that one may not have judiciall knowledge of the one without knowledge of the other but the Secular may very well admit the Persons and examine him that is accused concerning the injurious words uttered against the Divine Majesty without going any further to examine what is his beliefe and what hee beareth in his minde Therefore there is no such connexion betweene the blasphemy and the enquiring of the Heresie but that they may be separated and each judged in the right and competent Court The like is to be said when holy and Divine words are had in derision as in transformed Psalmes in which the Secular takes notice onely of the injury done to God leaving it to the Inquisition to seeke whether it may thereby be supposed that the offender hath a perverse beliefe And in the offences done against holy Images with wounds and other stroakes it is a great deale plainer seeing that the Magistrate punisheth nothing but that externall act whereby Christ hath bin injuried in his Image leaving it to the Inquisition to search whether the offender have sinned because hee beleeveth some false Doctrine or onely through wilfull malice And to this purpose it is good to consider that Hereticall blasphemy is not the same as a sincere or cruell blasphemy most cruell is that which is most grievous and most abusive Most Hereticall that whence groweth the greatest suspicion of Heresie though in himselfe not so great The Inquisition regardeth the greatest suspicion which carrieth with it the greatest signification of there being an errour in the mind though in it selfe it were not so abusive and for this cause sometimes will make more matter of words spoken against Saints than against the divine Majesty The greatest punishment the Inquisition inflicts upon a blasphemer is Abjuration which punishment if it bee on a person of low degree may be said to be no punishment at all And therefore because offences of such importance should not passe unpunished with scandall and evill example the publicke determination that the Magistrate should punish the blasphemy and leave to the Inquisition the matters of Heresie is both just and necessary But that which seemeth absurd to some vid. that two Judgments should bee made in one cause is not inconvenient when the punishments which are inflicted are not of the same kind and the end of the wrongs is different the same Cause may be judged as civill and afterwards as criminall The end of a civill Judgment is to give every owne his owne the end of the criminall is to punish the Usurper So in cases of Blasphemy the end of the Inquisition is if the blasphemer have a false beleefe to teach him the true and absolve him from the censures he hath incurred by holding of the false The end of the Magistrate is no other but to punish the injury done to the divine Majesty The punishments which the Inquisition imposeth are spirituall as Abjurations Absolutions or Advisements The punishment which the Magistrate inflicts are corporall yea it may be said moreover that they doe not make two judgments in one Cause but in two severall Causes the Magistrate judging the offence of Blasphemy and punishing it with corporall punishment whereas the Inquisition forgoing the offence judgeth of the quality of the suspicion and punisheth it with spirituall punishment The Exposition of the two and twentieth Chapter THe two and twentieth Chapter mentioneth that some Inquisitors to extend their jurisdiction pretended that the offence of having two Wives did belong to their Office who doe alledge for reason that it is an abuse of Matrimony which is a Sacrament and that in Spaine the case is reserved to the Office of the Inquisition Contrary is the common Opinion of Civilians who seeing the the Lawes have imposed no punishment on this offence and the Canon Lawes doe not speake of it they conclude by necessary consequence that it belongeth to the Secular jurisdiction and this is observed in all Tribunals also in the state of Milan where the Inquisition hath more extended her Authority than in any other place of Italy the reason brought to the contrary that it is an abuse of the Sacrament of Matrimony concluded nothing for the first Wife taken in true matrimony hath the Sacrament annexed to it and in this there happeneth no abuse at all Then in taking of the second there is no Sacrament nor Matrimony nor any manner of Spirituall contract but a meere nullity done de facto non de jure so that there cannot be said to be any abuse of the Sacrament neither in the first nor in the second act Well may it be said that by the second wicked act of taking another Wife there is an injury done to the first which was a Sacrament and this is most true but the injury done to the Sacrament of Matrimony doth not belong to the Inquisition for adultery is an injury done to the Sacrament and yet it doth not belong to the Inquisition to judge of it And if any one would make having of two Wives a token of Heresie inferring that hee that doth it beleeves it to bee lawfull with this reason hee might draw all cases to the Inquisition for it may as well be said that the adulterer or the thiefe doe commit those wickednesses beleeving that they are lawfull things and amongst the rest wee should put into the Inquisition all Gipsies who get their life by stealing and much more your high-way robbers But contrariwise wee must alwayes suppose that every sinner hath a true beliefe and Catholicke Doctrine but doth sin either through frailty or through malice or through humane compassion and so ought to bee punished by his ordinary Iudge which ought also to bee observed in him that hath two Wives if there appeare no other token of a perverse beliefe And it is not true that in Spaine the case is absolutely reserved to the Inquisition yea it is ordinarily punished by the Secular by branding in the fore-head with a hot Iron But because the Iewes and Moores hold plurality of Wives to bee lawfull those
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