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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A14399	Concerning the excommunication of the Venetians a discourse against Cæsar Baronius Cardinall of the Church of Rome In which the true nature and vse of excommunication is briefly and cleerly demonstrated, both by testimonies of Holy Scripture, and from the old records of Christs Church. Written in Latine by Nicolas Vignier, and translated into English after the copie printed at Samur 1606. Whereunto is added the Bull of Pope Paulus the Fift, against the Duke, Senate and Commonwealth of Venice: with the protestation of the sayd Duke and Senate. As also an apologie of Frier Paul of the order of Serui in Venice.; De Venetorum excommunicatione, adversus Caesarem Baronium. English	Vignier, Nicolas.; Sarpi, Paolo, 1552-1623. Apologia per le oppositioni fatte dall'illustrissimo & reverendissimo signor cardinale Bellarminio alli trattati, et risolutioni di Gio. Gersone. English.; Baronio, Cesare, 1538-1607. Duo vota. English.; Catholic Church. Pope (1605-1621 : Paul V); Venice (Republic : to 1797). Doge (1606-1612 : Donato)	1607 (1607)	STC 24719; ESTC S120778	41,133	78

And moreouer is the said Duke and Senate within 24. daies reckoning from the day of the publication of these presents in this Cittie whereof we appoint vnto them eight daies for the first eight for the second and the other eight for the third and last delay and for monition Canonicall do not reuoke publiquely the foresaid Decrees and all that is therein conteined and which is thereof insued laying aside all excuse and exception and do not cashire and deface the Recordes and Registers and places where they shall bee kept and cause to be published by them and publiquely declared in all the lands and territories vnder their obedience that no man is bound to the obseruation of them and do not returne al that is thereon ensued to it first estate and if they do not promise neuer more to enterprise to make the like Decrees and Statutes against the libertie immunitie and iurisdiction of the Church against our authoritie and the holy Sea Apostolique and certifie vs of the said reuocation cassation restitution and promise and if presently they do not put the foresaid Canon and Abbat into the handes of our said Nuntio In the authoritie of God Almightie and of the thrise-blessed Apostles Saint Peter and Saint Paul hauing for the present and for heereafrer excommunicated we pronounce and declare excommunicated the Duke and Senate of the Common-wealth of Venice which at this present are or heereafter shall be there their fauourers Counsellers and adherents and euerie one of them albeit they be not named in these presents as well as if the names of them and euery one of them had there been specially expressed so that they can not obtain absolution nor be discharged of the said sentence of excōmunication but only at point of death by none other than our self or the Pope for time being without all possibility of helping themselues by any facultie to them granted or to be granted in general or to any of thē in particular And if it happen that in extremity of death any of them be absolued from the said sentence of Excommunication who afterward recouers his health hee shall thereupon fall againe into the ●●me excommunication vntill as much as in him lieth he hath obeyed And neuerthelesse if hee die after the obtaining of the said absolution that he be depriued of the buriall of the Church till that our commandement be obeyed And if the foresaid Duke and Senate three daies after the foresaid 24. daies be expired harden their hearts which God forbid enduring the said sentence of excommunication not obeying the same for the present as also for hereafter we haue and do put to the Interdict of the Church the Citie of Venice and the other townes burrowes castles seigniories and all places whatsoeuer and generally all the temporall demaines of the said Common-wealth during which interdict none may in the foresaid Citie of Venice the burrowes Castles and Seigniories of the said Common-wealth say in the Churches and places of deuotion oratories priuate and houshod Chappels neither in publique nor in priuate any masses solemne or not solemne nor celebrate diuine seruice except in cases to vs permitted and reserued and then only in the Churches and no where else as also the dores shut without sound of bell and without the assistance of any the foresaid excommunicate and interdicted and nor otherwise whatsoeuer dispensations and priuiledges Apostolique which haue beene granted to any Churches as well secular as regular and whatsoeuer exemptions that they haue and that they are immediately subiect to the sea Apostolique and although they depend on the patronage or foundation dotation of the foresaid Duke and Senate not in generall only and vnder the name of the Common-wealth but each one in particular of the Citizens and Subiects of the same of all the fees and goodes which they hold of the Church vnder what title soeuer and declare them depriued of the said fees and goodes and of all priuiledges which haue beene granted and giuen vnto them by any of our Predecessors as namely to take cognisance of the crimes and defaults of Ecclesiasticall persons And neuerthelesse if the said Duke and Senate too opinatiue shall any longer harden themselues in their contumacie wee reserue especially to our selues and our successors the Popes the power to aggrauate and reaggrauate the censures and penalties Ecclesiasticall against them and their adherents and those that shall any way aid counsell or abet them and to recouer them by other remedies in time conuenient and to proceed against them according to the disposition of the holy Canons notwithstanding any constitutions and ordinances Apostolique priuiledges dispensations grants and other letters Apostolique in fauour of the said Duke and Senate in generall or any other persons in particular Namely those by vertue whereof they pretend that they cannot bee interdicted suspended nor excommunicated although the said letters do not make expresse mention word for word and with Derogatorie of Derogatories and other clauses as also all other Decrees and specially all faculties of absoluing in cases reserued to vs and the sea Apostolique and to them granted on the contrary by our predecessors and approoued and confirmed by vs and the holy sea Apostolique all which and euery one of them wee haue repealed and do repeale and all things heereto contrarie And to the end that these presents may come to the knowledge of all we appoint vnto you and to euery one of you most expresly enioine and command that by vertue of the holy obedience which you ow to the holy Sea and apprehension of the last iudgement of interdict from the entrie of the Church of suspension of your charges and perception of the fruits and reuenews of your houses Patriarchall Archiepiscopall Episcopall as much as to you belongeth our brethren the Patriarches Archbishops and Bishops and of priuation of dignities offices and benefices Ecclesiasticall whatsoeuer by you possessed at this present and in hability to possesse them heereafter and forasmuch as our Sonnes the Vicars and other forenamed depend vpon you that vpon paine of incurring the penalties which in case of disobedience wee shall thinke necessary and whereof you shall receiue these presents or that otherwise they shall come vnto your knowledge you by your selues or others cause to be published solemnly euery one in his Church when there shall be greatest number and concourse of people and cause these to be fixed and set vpon the doores of your Churches And moreouer we will that in euery respect like credit be giuen to the doubles and copies of these in like manner printed so be it they be signed with the hand of some publicke Notarie sealed with the seale of some persons being in dignity Ecclesiasticall as to the originall it selfe if it were exhibited and shewed and that these presents or the double and copie of them so printed as hath beene said being affixed to the doores of the Church of Lateran and palace of

Excommunication one of the parts of Church discipline the other being brotherly Correction is of two kindes The Lesser and the Greater The Lesse is that whereby such as grieuously offend against any point of faith or maners or good established order are excommunicate not so that absolutely they cease to bee the members of Christ but be only for a time restrained from communion of the Sacraments so long as vntill either their Repentance or Faith or Dutie bee iudged sufficient and publick scandall be taken away And such the * Ancients called Restrained Abstenti Cyprian in epistolis Excommunication the Greater is an holy action of Priesthood by which agreably to the rule of Christ a brother become obstinate in his sins is cut off from the fellowship of the faithfull cast out of the Church deliuered to Sathan that vpon correction he may repent and vpon true repentance be againe receiued which was vnder the law a casting forth out from the Synagogue So by authoritie and warrant of Christ to excommunicate is a power belonging vnto all Math. 18. and none but the True Church to be executed by the whole Presbyterie lawfully elected to bee denounced in the open face of the assembly with their either tacit or expresse consent This is proued by the words of Christ If he will not heare the Church that is the Presbytery and conuention of Elders let him be to thee as an Ethnicke a Publicane The Apostle is yet more cleare in this point 1. Cor. 5. When you are gathered together and my spirit in the name of our Lord Iesus Christ let such a one be deliuered vnto Sathan In which place he speaketh vnto the whole Church as again he doth 2. Cor. 2. It is sufficient that this man hath beene censured by many And therfore he intreateth that with one consent they receiue againe him who had beene excommunicate And this is the doctrine and * consent of all fathers What This if he meane by the Presbyterie as he calleth it The Church practise doctrine of the fathers is to the contrary as in Cyprians epistles any man may read Wherof the reason is very euident that matters of greatest consequence in the church are not to be proceeded in without consent and approbation of the * Either tacite or expresse as before whole Church as the practise is in ciuill states and affaires For that wherein euerie one is interessed it was the saying of Pope Leo must haue the generall consent of all And what of more consequence wherein can the whole bodie be more interessed than in the cutting of one member from the bodie The conclusion therefore is No man ought to bee excommunicate without the generall assent of the whole Church in which he liueth And that Austen was of this minde it is euident by this that he thinketh that man should not be excommunicated who hath many abetters and bearers out in his offence with whom many do partake and are associate in sinne reioycing in their follies insulting on the godly despising the sword of Excommunication lest it proue the originall of a Schisme and of this mind saith he the Apostle was His wordes are To this purpose the Apostle speaketh If any one be named August Contra epistolam Parmen lib. 3. In that he saith If any one it seemeth his meaning was that such a man might safely be put vnder censure and for his good who is a sinner among such as be none that is as be not infected with the taint of like enormity And where he saith be named hee letteth vs therby vnderstand it is not inough that a man be so vnlesse withall he be named to be so that is notoriously knowen and diffamed that all men may prooue and giue their consent to the sentence of excommunication throwen foorth against him For thus the bond of peace may bee kept correction bee done vpon him he be striken not to kill him be seared but to cure him To this end hee saith of that man whom by such receit hee would haue to bee cured The Rebuke of many is sufficient for him Because such rebuke cannot be auaileable but where one is rebuked who hath not a multitude his fellowes in sinne but if the infection be gone ouer many the godly can do nothing but sorrow and grieue Now for the persons liable to this censure All and Only they who being in the list of brethren continue in sin with contumacy Only brethren because that Of forreiners God doth iudge and not the Church as the Apostle speaketh 1. Cor. 5. and such as neuer had any cōmiunion cannot be cut off from communion with the Church which they neuer had Again adde the stubbornly wilfull not others for them or with them Because euery man must beare his owne burthen And Austen doth in this point deseruedly blame Auxilius a yong man Aug. Epist 75. If by his own iudgement allegation out of Austen for peril of schism excommunication must not bee inflicted on a multitude if for nothing else yet in that regard the censuring of greate ones gods on earth should not so easilie haue passed his lippes Azarias did not excommunicate Vsziah but told him his duty as the minister of God Neither did they compell him to hasten out but God did it and had they done it this was no excommunication 2. Paral. 26. Theodoret. lib. 5. Hist Eccles ca. 18. S. Ambrose is the only example that can with probability be alleadged But there is very much difference betweene his maner of proceeding and the Popes in his consistory and the Ministers with their elders Read the story in Theodoret. Hist Eccles ca. 17. ex interpr Christophorsani and somewhat elderly Bishop as he speaketh because that for the sole offence of Classianus he did excommunicate his whole family And it is against All that No man of whatsoeuer state or condition Ecclesiasticall or Ciuill Superior or Inferior may thinke himselfe exempted from that censure The truth hereof is certaine by practise in Scripture as for instance Azarias the high Priest cast foorth king Ozias out of the Temple by practise in the prime age of the Christian Church when as Ambrose excommunicated Theodosius an act allowed of by all Churches and so well liked by Theodosius himselfe that he professed to haue met with but one Bishop in deed Ambrose at Millane The causes which procure it are sins of Commission done without amendment against either First or Second Table That appeareth by Christ his words Mat. 18. where he mentioneth Ethnicks Transgressors of the First and then Publicanes delinquents against the Second table To which there in the 12. of Exodus where there is charge giuen that no Vncircumcised person and in that an offendor against the first Table be admitted to the Passeouer and secondly 1 Cor. 5.8 no Iew who had Leuen in his house which leauen the Apostle doth interpret of mal tiousnesse and vncleane life

nations contained therein It was said vnto him Kill and Eat because it was necessary that euen they should come vnto the Church What is heere Baronius that concerneth that Office of killing By this voice and this vision Peter is commanded to go vnto the Gentiles and feed them with the holesome and liuely food of the Gospell This is with you to kill and slay And happily for this cause you take that good course not to preach the Gospell lest thereby you might become murtherers or rather indeed lest the people hating the poison of your traditions do hunger after the bread of life But this is your maner to interpret Scriptures vpon which you stand so much which you learned of the great professor of your schoole and Doctor of the chaire he I meane who in the desert detorted and wrested as you are wont to do the Scriptures Matth. 4. in his disputation with our Sauiour Such one was Boniface the 8. of whom the saying goeth He entred as a fox De Maior obedien Vnam sanctam raigned as a lion and died as a dog who would proue that the Pope had right to both the swords Spirituall and Temporal out of the Euangelicall writings forsooth Because when the Apostles said Here are two swords the Lord did not answer his Apostles speaking in the Church Heere it is too much but it is inough Certainly whosoeuer shall denie that the temporall sword is in the power of Peter he regardeth but little Gods word which saith Put vp thy sword into thy sheath Gen. 1.16 De Maiorit Obed. C. solitae And Innocent the 3. by a place of Genesis doth as soundly proue that the Imperiall maiestie is in subordination to the Pontificall You should saith hee haue considered that God made two great lights in the firmament of Heauen the greater light to rule the day the smaller light to gouern the night both great but one greater than the other In the firmament of heauen that is the vniuersal Church God made two great lights that is appointed two estates royall the Pontificall authoritie and Regall power but that is the greater of the twain which is appointed ouer the day that is ouer spiriall things that the lesse which hath iurisdiction in carnall that wee may know there is as great difference betweene Kings and Popes as there is betwixt the Sunne and Moone Distinct 22. sacrosancta In like sort Anacletus if * Gratian say true proued the Primacie of Saint Peter out of that place where hee is called Cephas that is an Head and Beginning which Etymologie euen * Bellarmine applaudeth Lib. 1. de Roma Pontif. c. 17. who affirmeth that Cephas is an head in Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whereas Cephas is not a Greeke but a Syriak word which as himselfe auerreth signifies a Rocke And the same Bellarmine that Captain Iesuite out of the selfe same place which you produce Kill and Eat concludeth that Peter is Head of the Church drawing his argument not as you do from the word Kill but from the Commandement Eat For saith he It is the heads duty to eate Bella. lib. 1. de Rom. Pontific c. 22. Barom Tom. 1. Annal. Eccles and so by eating to transmit the meat into the stomack and so to incorporate it to it selfe And your * selfe elsewhere do bring this proofe to make the vse of shrining the reliques of Saints within the Altars Apostolicall because in the sixt chapter of the Reuelation the soules of such as were slaine for the Gospell are said to cry from vnder the Altar But who is not acquainted with such Iuglers trickes what man will take their counterfeit glasse for true pearle Remember Baronius that I may returne vpon your self an allegory that the Chamelion a beast which as they say liueth by the aire is numbred with such * as be vncleane Leuit. 11. Allusion to the speech that Emperor Fumum habet qui fumum vendidit B and that vaine man blowen vp with wind who selleth nothing but smoke is semblably vncleane in the eyes of God But to proceed To feede the sheepe is with care to watch ouer the faithfull c. And is it true indeed Baronius is the office of feeding to be confined only to the faithfull and obedient Christians and is this your will to haue all refractarie and stubborn ones led into the slaughter whom happily you instile Lions for that you feare the Lion the armes of Venice Esay 11.6 But Esay prophecied otherwise of Christs Kingdome The Wolfe shall dwell with the Lambe and the Leopard shall lie with the Kid and the Calfe and the Lion and the fat beast together and a little child shall lead them The Cow and the Beare shall feed their yoong ones shall lie together and the Lion shall eat straw like the Bullocke the sucking child shall play vpon the hole of the Aspe and the weined child shall thrust his hand into the Cockatrice hole Then none shall hurt nor destroy in all the mountaine of mine holinesse Wee deny not but Pastors are to stand against the refractarie and the disobedient but with what armes Spirituall not Carnall For as Hierome once sayd of heresie Ieron in prooe● lib. 4. in Ieremiam Heresie is to be cut off with the sword of the Spirit let vs strike thorow with the arrowes of the Spirit all sons and disciples of misled Heretiques that is with Testimonies of holy Scripture The slaughter of Heretiks is by the word of God So wee say and iudge of all other vices For the Church hath no such warrant as to vse the sword of the Ciuill Magistrate or bring in within her liberties politicke punishments the offices of the Ciuill and Ecclesiastical Magistrate being as Christ teacheth Matt. 20. things of diuers natures You know That kings of Nations rule ouer them but with you it shall not be so And the reason is for that the Church is the seruant of Christ no otherwise then as Christ is the Sauiour of the faithfull But Christ to procure the saluation of them neuer vsed himselfe nor permitted his Church to vse the sword of the ciuill Magistrate And this is that if I mistake not which your selfe in prosecution of your allegories adde That such killing must not be but with great charitie c. For all that we do or can conclude from hence is this and no more that this killing of the stubborn and disobedient is done by Excommunication which is a spirituall and wholesome remedie Which to grant wee must first consider lest we erre in ambiguitie of wordes What excommunication is 2. By whom it may be executed 3. Vpon whom to be inflicted 4. For what causes it is iust 5. From what communion they bee barred 6. Which bee the ends of Excommunication that any man by these grounds may determine what is to be iudged of the Excommunication of the State of Venice of which you intreat