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
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
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
should they have leave to doe it at Rome That hindereth not but if that Congregation as consisting of principall Cardinals should write any thing But that those Letters should be received by the Inquisitors with all due reverence executing also that which they desire so there were not some powerfull reason to the contrary but alwayes it should bee done observing the Stile of the Office that is framing the Decree in the name of the proper Judges with the Assistance not mentioning in the Processe that it was done by order from else where And if that particular Writing from Rome were not agreeeable to the customes of the Countrey and the particular circumstances which ought to be looked upon and should seeme so to the Iudges and other Consulters it will not bee incongruous to reply to Rome The Assistants notwithstanding ought not to meddle with this neither are they to know whether any Order come or no from Rome whether that which is required from Rome be put or not put in execution but onely to assist to what the Inquisitors doe not using any other name but that of their owne office The Exposition of the sixteenth Chapter THis sixteenth Chapter in that part which toucheth the not sending Prisoners out of the State is clearer than the light since Prisoners are transmitted out of one place into another either for Execution when both places are within one Prince his Dominions or from Prince to Prince by agreement betweene them or for gratification and in all these cases the Transmission is made onely because offenders should be punished in the place where the offence is committed But in case of Heresie the Doctors say that the punishment cannot with reason be required in any particular place as well because the Heretick sinneth against God who is every where and also because that wheresoever he goeth holding his perversnesse in all those places hee sinneth wherefore in what place so ever he is punished hee shall be said to be punished in the place where he offended On this reason is grounded the common opinion that those who are guilty of Heresie are not to be transmitted and indeed the custome is every where to punish Hereticks where they are restrained and not to send them from one Inquisitor to another Onely the Court of Rome for her owne interests easily and often doth call unto it selfe the causes and causeth the Prisoners to come to Rome though the offence have not beene committed in that City The most renowned Common-wealth as it hath not consented to the drawing away of Causes so hath it not granted the transmitting of Prisoners but hath determined that they should be judged where they are imprisoned it being certaine that in doing otherwise they should utterly take away all the Authority of the Inquisition-office in their Dominion within which there being Bishops who in goodnesse and worth are inferiour to no other and Inquisitors deputed by the Court of Rome it selfe and the Cities abounding with learned men who may be received for consulters there is no reason but that any case may be as well examined and decided there as in any other City whatsoever If it were to doe God greater service that Prisoners should be sent to Rome it were fit that throwing all other respects to the ground this onely onely should be aimed at but to shew that it is not so I will onely bring one example which happened heretofore in the yeare 1596. at the instance of the Inquisitor of Rome There was imprisoned in Padua one Ludovico Petrucci a Senese and the Inquisitor of Rome being according to the custome of the Inquisition to send those Evidences which he had against him to Padua he required the contrary vid. that the Prisoner should be sent thither and to that effect used many perswasions to the Ambassadour which was in Rome and caused many to be used by the Nuntio in Venice The most excellent Senate answered divers times to this effect that it was not convenient to alter the excellent Institution of this Dominion which was to dispatch questioned Prisoners where they were restrained that on the other side for the Inquisitor to send to Padua what was found against the Prisoner that so he might receive due punishment was a thing just usuall and without any opposition Many were the replyes and the answers alwayes to one effect and these dealings lasted five whole yeares Petruccio remaining still in Prison At last when they perceived at Rome that they could not obtaine him in the yeare 1601. they writ to Padua that the said Petruccio should without any more a doe bee set at liberty which was accordingly leaving a great doubt in mens mindes what offence that might be which was rather to be left unpunished than made knowne to the Inquisition of Padua To this Accident which happened I will adde what the Directory of the Inquisitors speakes of the causes of the Inquisition which are handled in that Court of which speaking after it had related divers inconveniences it concludes In this Court Causes are handled with much tediousnesse many miseries labours and expences insomuch that those which are questioned care not for comming to the Court to treate of their Causes if they doe not rrust to a full purse or to great favours These are the words of the Directory it is credible that Justice is administred with greater sincerity now then it was in those dayes but there withall it is to be held for a certaine that there is no lesse goodnesse and sufficiency within this State and that Causes may as justly and as rightly be handled here as in any other place so that it is not needfull to let them be judged else where who are imprisoned within this Dominion The other part to not send Processes else where is grounded uppon that which is said before in this Chapter and in the president for if the prisoners ought to bee judged within the State and the judgement ought to be made by the same Tribunall and not received from any other place there remaines no cause wherefore Processes should be sent forth True it is that one ought to distinguish betweene Processes framed against those that are restrayned heere or against those that are cited and those that are contumacious for these are they which are not to bee revealed else where but examinations or other acts made at the request of another Inquisition against any one that is restrained there or hath committed any contempt against it as acts not belonging to this Dominion ought to be sent to whosoever requires them But yet the Assistants ought not by any meanes to suffer any such acts to bee made without their presence as it hath beene said in the thirteenth Chapter and because that the Inquisition should doe all as it doth as a mixt Office and not as meerely Ecclesiasticall The Exposition of the seventeenth Chapter THe seventeenth Chapter that the Praetoricall Deputy nor any other Person assisting in the
they connot bee subject to others Therefore it is not bee suffered that the Inquisition should search out what the Greekes doe or beleeve in secret And if they chance to heare that any lives or speakes scandalously of the Latins then have they a ready and easie way to helpe it by giving the Magistrate notice of it by whom justice shall bee administred and especially in a matter of such importance as to provide against scandals and tumults The Exposition of the sixe and twentieth Chapter THe sixe and twentieth Chapter that no man be publickly cited who is gone beyond the mountaines upon the imputation of any offence committed in those Countries seemeth at first sight to be a thing which cannot happen and happening to be of very small moment yet if that way were once given it would bee very frequent and of great importance Pope Clement the eight in the yeare 1595. made a Bull concerning Italians onely commanding that none no not for matters of Merchandise should goe into a place where there were not a Parish Priest and a publicke Church which exercised the Romish Rites unlesse hee had leave from the Inquisitors adding that those who had leave should bee bound to send every yeare a certificate over that they were confessed and had communicated To bring in the observance of this Bull as soone as any Italian comes beyond the mountaines presently the Iesuits come upon him for comming over without Licence and if he doth not yeeld unto them and promise them obedience they presently examine some adherent of his against him and frame a secret Processe against him which they send to Rome from which there is a processe writ to Rome to the Inquisitor of the place where hee was bred up to call him by publicke Citation This Citation in former times was wont to be made from the Inquisition of Rome but now they are beware of doing so because the Cities beyond the Hills doe revenge themselves by proceeding against some adherents of the Court of Rome and to avoyd this danger they cite no more to Rome but have him cited to the place of his bringing up This invention though it bee coloured with Religion aimeth at the making of the Court of Rome Mistris in Italy of Merchandises which come from beyond the Mountaines as three hundred yeares agoe it brought under it with a lesse pretence the Merchandises of the East It will not bee from the purpose to relate here what was then done and what was the event of it especially within this City that we may the better sinke into that which is now done It was ordered and commanded by the Governors that Infidels should be forbidden to carry Armes or any other instrument where with they might make Warre with Christians the Derree as honest was received by all men This ready obedience of the World gave Pope Clement the fifth hope of stepping yet one step further wherefore in the yeare of our Lord 1307. hee published a Bull and commanded that none might carry any Merchandise of any kind into the the Easterne Countries nor that there should any bee suffered to goe out of the Harbors for such a voyage upon paine of excommunication and other grievous penalties as well spirituall as temporall and amongst other that none hath carried or suffered any to bee carried of what kind soever might bee absolved unlesse hee first precisely paid so much as the principall which was transported amounted unto The difficulty if not impossibility of observing so strict an order was a cause that there were many offendors in Venice who during their life did little thinke of it but at the poynt of death to receive their absolution they left according to the Popes command order to have the offence satisfied Neither wanted there Confessors to urge it instantly denying also absolution to such as did not pay or give order to be paid so much as the principall of that whcih hee had carried into the East came unto Many who have beene that voyage severall times found themselves to owe more than they were worth at their houre of death Wherefore for the discharge of their Consciences they would by Will leave all they had to the Popes disposing The Heires and the Commissaries did deferre the executing of the Wills seeing they tended to the destruction of Families and of the Common-wealth especially there being some who held such Wills to be voyd and extinguished By this meanes in fifteene yeares the mony due to the Pope came to a summe sufficient to have emptied the City of money to which Pope Iohn the two and twentieth who was his successor applying his mind and gathering the money on all sides in the yeare 1322. sent Ardenato Largo and Falcone Castario Nuncioes to Venice to receive that which by Will was left to the Popes disposall constraining notaries and others to produce the Wills excommunicating them which did not deliver them Besides hee gave these Nuntioes Commission also to see to and to excommunicate all those which were alive that had sayled thither to absolve them paying the principall of the Merchandise which was carried thether These Nuntioes being come to Venice having erected a judgement Seate committed divers disorders amongst the which one was that they Excommunicated St. Marke his Proctors and above two hundred other Persons men and women for the aforesaid cause Those who were then consultors of the Common-wealth amongst which was one Andrea Bishop of Chiozza did advise that these Nuntioes actions were not Lawfull resolved to withstand them with apeales other remedies which were put in practice to that these Nuntioes attempts did take no effect Onely as it hapneth in such cases many inconveniences remained which continuing with great danger for the space of two yeares the Pope was forced to apply a remedy which was worse than the soare He made a Bull in the yeare 1324. confessing that his Nuntioes actions had bin disorderly suspended the censures by them pronouced and gave the Arch Bishop of Ravenna Commission to execute it commanding him afterwards that he should set downe a convenient time for men and women who had beene censured by the Nuntioes to appeare for that cause at the Court of Rome which was then at Avignon either in Person or by their Proctors to treate of their businesse excepting none but onely the Duke and the Commonalty It was a brave increase for the Court of Rome to have some 200. Persons or more to come thither at once for money matters of so great weight But what happened and whither the Pope were obeyed by few or many I cannot justifie But it is certaine that then there did arise an opinion which said that it was no sin to carry Merchandises to Infidels so they were not things for the use of Warre and therefore that the Pope could not hinder it which moved him in the yeare 1326. to make a Bull declaring them to be Hereticks which said that it was
Extortions and other grievances The other was because the Commonalties did refuse to beare the charges therefore they resolved to lay downe that pretence of having the charges borne by the Commonalty And for to temper the excessive rigor of the Inquisitors they gave some part of Power more unto the Bishop which was the cause of bringing in the Office with lesse difficulty into these three Provinces of Lombardye Romanie and Marca Trivisana and afterwards into Tuscan and so it passed into Arragon and into some Cities of Germany and France it was not brought into the Kingdome of Naples by reason of the small correspondency which was betweene the Popes and the Kings of that Kingdome It was soone taken out of France and Germany some of the Inquisitors being driven out of those places for their rigors and extortions and other some going away for want of employment For which cause they were also reduced to a small number in Arragon since they had not yet penetrated into other Kingdomes of Spaine In the yeare 1484. the Catholick King Ferdinand having extinguished the Kingdome of the Mahometans in Granata to purge his and his Wife Elizabeths Kingdomes from the Moores and Iewes newly converted erected with the consent of Pope Sixtus the Fourth a Tribunall of the Inquisition in all his Kingdomes of Spaine Sicily and Sardinia which were by him possessed in the forme which it lasteth into this present by which Tribunall are judged not onely these which are accused of Mahometisme or Iudaisme but also of Heresie The forme which was then brought in and doth yet last is that the King nameth an Inquisitor Generall throughout all his Kingdomes to the Pope and his Holinesse doth confirme him and for the rest the Court of Rome is not admitted to entermeddle any further The Inquisitor named by the King and confirmed by the Pope nameth the particular Inquisitors in every place which neverthelesse cannot enter into their charge without the Kings approbation The King also deputeth a Councell or Senate upon this businesse in that place where the Court is of which the supreme Inquisitor is President and this Counsell hath supreame jurisdiction consults of all the businesses makes new Orders when it seeth any need determines differences betweene particular Inquisitors punisheth the defects of the Officers heareth the appeales doth not put them over to any oath But the King hisroyal Councel would have the Inquisition to bee brought into the Kingdome of Naples subjected to that of Spaine as also in Sicilio Sardinia the Indies the Court of Rome would have it depending from it alleadging therefore besides the Pontificall spirituall Authority the Temporall superiority which the Pope hath in that Kingdome In the yeare 1547. Don Frederico di Toledo being Vice-roy there would overcome these difficulties and came to execution which thing excited such a commotion and sedition amongst the people that it was almost growne to a Warre betweene them and the presidiary Spaniards and the Spaniards getting the Victory being Masters of the Forts the tumult was quieted and the principals were punished some with death and some with exile Yet he left off his enterprize of bringing in the Inquisition not so much for feare of a new tumult as through the effectuall intercession of the Pope and Cardinals the thought of bringing to passe this their intent remaining still in Spaine and in Rome a resolution to oppose it so that to this day there is no Inquisition in all that Kingdome and if that any case happeneth it is dispatched by the Bishop or else it is delegated from Rome to some other Prelate who notwithstanding doth nothing unlesse hee have first leave from the Vice-roy In the Low Countries since the springing up of the Lutheran Sect the Hereticks were punished by the secular Magistrates without any other Office of Inquisition sometimes with death sometimes with banishment which Magistrates relenting from their rigor by reason of the multitude of Hereticks in the yeare 1550. the Emperour Charles the Fifth resolved to bring in the Inquisition after the Spanish manner and thereupon published a Decree but being advertised by Mary Queene of Hungary his Sister and Governesse of those States that all the forraigne Merchants would bee gone and the Cities would be without Trafficke he declared by another Edict that th' Inquisition should have no power upon strangers and for the Natives he did much mitigate the forme of it yet was it not put to execution according to the Emperours minde but onely unperfectly and the punishing of Hereticks for the most part rested in the Magistrate and slackned continually more and more Wherefore Philip King of Spaine tryed in the yeare 1569 and the yeares following againe the bringing in of the Spanish Inquisition after divers wayes but could by no meanes establish it by reason of divers resistances till that in the yeare 1567 it was by force of Armes established by the Duke of Alva and being brought in immediatly succeeded the Warres and was still more and more restrained both in scope and Authority untill it was brought to nothing in which state it remaineth at this present The beginning of the Inquisition of Venice THe Renowned City of Venice by Gods Grace kept it selfe untouched from the contagion of Heresie at all times before the yeare 1232. which thing is manifest by this that at the promotion of Duke Giacemo Theophilo in the yeare 1229. in which mention is made of the forme of proceeding and of the punishments and chastisements of many sorts of offenders Heresie is not named And in the yeare 1232. when the same Duke published the Statute wherein is ordained the punishment for many offences and especially of misdeeds and charming by Herbes there is no mention made of Heresie as certainely there would have bin if the City at that time had felt any such plague But after that Pope Innocent the Fourth tryed to deprive the Emperour Frederick the Second of the Empire Kingdomes and States which he possessed and a great part of Christendome being thereupon in Armes and all Lombardic in debate with the Marca Triviâ—iana and Romania then divided into favourers of the Pope and of the Emperour they were then infected with divers perverse Opinions and retiring themselves to Venice to live in security the wisedome of this Government in the yeare 1â—49 found a remedy to guard the City from being infected with that contagion that the rest of Italy was wherefore they determined to chuse honest discreet and Catholicke men to inquire against Hereticks and that the Patriarch of Grado Bishop of Castello and the other Bishops of the Dogie of Venice from Grado to Caverzere should judge of their Opinions and those that by any of the Bishops should be given out to be Hereticks should be condemned to the fire by the Duke and Councellors or the Major part of them which things are seene in the promotion of Duke Marino Moresini in the yeare 1249. But for feare least
given for the peoples benefit so that if it be diminished it remaines not so sufficient for the good and entire government and the subject receiveth wrong and the Divine Majesty is offended Although the Prince is not bound to his Subject to governe him yet to God hee is and the protection which hee hath of him though towards the subject it be a favour yet towards God it is a duty which cannot be performed without preserving whole and not suffering to be abated the publicke Authority The Office of the Inquisition as it is more holy and needfull than others so if it bee not well handled but abused it is more burthenous and hurtfull Where it is in the hands of just and prudent Church-men they should be incouraged to continue so by looking to them and observing of them for the opportunity of having power to worke after ones owne fancy may cause a Saint to over-runne his course But where the administerer hath all his requisite qualities it is necessary to withstand his excesses In times past it hath beene seene that Subjects have beene burthened with excessive rigours by those who under a shew of zeale have sought to make way for their ambition or to get unto themselves that which belonged to others Therefore it is needfull to marke that avarice or ambition should hurt no particular but a good Father and of a good conscience should seeke a remedy for it the indiscreet zeale which she causeth to bee in persons that are not conversant in worldly affaires hath neede of such a bridle In publicke affaires also the effects of ambition avarice or indiscretion are no lesse dangerous for when a Potentate hath not the favour of him that commands in Ecclesiasticall causes Religion is made a pretext to oppresse him In the yeare 1322. Pope John the 22. published a severe monitory against Mathew Vicount Lord of Milan condemning him of Heresie and under this pretence commanding the most famous Common-wealth that it should hold no commerce with him nor with his subjects although he had no other cause against the Vicount but that he tooke part with Lewis of Bavaria Emperour the Popes enemy And the same yeare the most Reverend Guido Rangoni Bishop of Ferrara and Frier Buono Inquisitor did admonish the most renowned Common-wealth that there should be no commerce held with Rinaldo and Obizo de Este or their adherents and subjects because they had condemned them for Hereticks neither was there any other cause but that they had recovered Ferrara which was possessed by the Popes In the yeare 1355. Malatesta and Galeotto Maltesti holding the City of Rimini Pope Innocent the sixt commanded Venice that no commerce should be held with them or with their adherents because he suspected them to be Hereticks The same Pope the same yeare used the same manner with the most famous Common-wealth against Francisco Ordelafo by reason of the Dominion of Forli and Gulielmo Manfredi because of Faenza caused also the Crociata to be preached against them Yet all these great stirres and condemnations of Heresie vanished into smoake so soone as the accused were contented to acknowledge those Lands held in disputation from the Pope A cleare and undoubted document to shew us that the imputation of Heresie was but onely to oppresse them and perforce bring them to yeeld to the fore designed humane changes But to come to Moderne things In the discords which Paul the Fourth had with King Philip the Second of Spaine which were of temporall businesses That Pope as well in consistory as treating with Ambassadors of Princes alwayes was wont to say and reply that the King and the Emperour his Father were Hereticks It was also seene in these late occasions that those Bookes which were writ in favour of the most renowned Common-wealths cause were forbidden by the Romish Inquisition and others ofth ' Ecclesiasticall State under the colour of Heresie although the things treated of were meerely temporall and approved by all Christian Kingdomes And Cardinall Bellarmin having some yeares since set forth a booke wherein he subjects Princes to the Pope in temporall affaires hee dares therein handle as Hereticks all those who say that the Prince in temporall Causes hath no other superior but God onely although that foure of the five parts of Catholicks doe beleeve it Which things cause us to beleeve that since some mens malice doe make use of this Office for humane ends which are not very honest it is needfull to looke how it is used and not suffer them to take such footing whereby they may abuse it Because then upon occasion when one would take order therein it is found to be too late In Milan where the Inquisition hath great Authority there happened about 1580 a dangerous case Cardinall Boromeo who afterwards was a Saint visiting of some places of the Diocesse of Milan and subject to the Suissers went ordering many things which bred some suspitions in those States wherefore they sent an Ambassadour to Milan to require the Governour to cause the Cardinall to come backe from those places least some alteration should happen The Ambassadour went to Milan and alighted at a Merchants house that he might the more commodiously goe and doe his Ambassage The Inquisitor heard of it and immediatly went with his Officers and carried him bound to Prison to his covent The Merchant reported what had happened to the Governour who presently caused the Ambassadour to be set at liberty honoured him and heard him The Swissers who had no sooner notice of imprisonment then of his delivery said openly that if the newes of his imprisonment had come alone without that of his deliverance they would have imprisoned the Cardinall to whom the Governour sent word of what was done The Cardinall yeelding to necessity went away and the new inventions were revoked These dangers shew that not onely malice may cause inconveniences but impudency also and undiscreet zeale Therefore it behoveth to watch carefully that the power of meeting at all actions of that Office be not diminished which God by his Providence hath hitherto preserved and by which meanes all publicke dangers and oppressions of the Subjects may be withstood It beeing then plainely shewne that the Office of the Inquisition is not ancient in Holy Church and that within this Dominion it was instituted in the same forme as it is now used by the Common-wealth it selfe as an Office properly belonging to it and established by agreement with the Apostolicke Sea and the reasons being unfolded which did move to this deliberation and the necessity which bindeth to keepe inviolated the forme alwayes established With these considerations the grounds of the first Chapter are sufficiently unfolded and proved The second and third Chapters neede not bee any better declared or proved The Exposition of the fourth Chapter THe fourth Chapter wherein is set downe the charge of the Assistance which ought to bee in foure cases requireth some considerations The first case to execute
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
plaine that the office of the Inquisition within this dominion was appoynted by order of the greater Councell and by consent of the Pope in the yeare 1289. with Covenants then established Wherefore no new thing which hath happened since can alter it if the same who agreed in the institution doe not likewise agree in the alteration And therefore if the Court of Rome decrees any new thing concerning that matter it cannot extend its force upon that Office but onely with the Prince his consent This is the true reason why Bulls and Orders made since that time at Rome cannot binde Neither can it be aleadged to the contrary that diverse times doe require divers Orders and that Popes for the better government have made other reasonable Lawes which ought to be received for the answer to this plaine that as in the world nothing can bee held unchangeable and every custome ought to be accommodated to the times and persons so it is to be done to them whom in reason it concernes to doe it and by no others If any one would rule common businesse of himselfe though he did doe it with a good intent and happy issue yet did he neverthelesse transgresse Divine and Humane Lawes the same reason which caused the Inquisition to be first instituted by agreement doth now also suffer no new Laws or orders to be made but by agreement To give force unto a Law it is not sufficient that it be convenient and reasonable but it is also essentiall that it be made by those who have full power Neither is that said onely for the preservation of power and jurisdiction but also for the necessity of a good government The Inquisition was not then instituted with the same Conditions as in the rest of Italy because the considerations of this Common-wealth and other States were different So now likewise divers considerations cause that which is expedient at Rome sometimes not to bee expedient here Wherefore it may not be convenient presently to execute in this state that which the Pope for his owne respects hath ordered but first ought to be considered whether it agree with the respects of this place which thing none but the Prince can doe as one who alone knoweth what is needfull for the publicke affaires And therefore although the new or old Bull should seeme unto the Governour honest and profitable yet ought not he therein to follow his owne judgement it being proper to the Prince alone to know what is expedient Neither ought it to seeme grievous to the Bishops or Inquisitors to have that which is just and lawfull executed in due manner judgement and forme The Inquisition of Spaine which is likewise ordained by agreement proceedes in the selfe same manner It hath its owne Lawes and proper Customes by which it is governed neither is it altered or receiveth new Orders from Rome but if for any publicke respects the Court beleeveth that it were good to bring up some new thing in Spaine they write to the Generall Royall Counsell over the Inquisition where it is consulted of and according as the respects of Spaine will beare it is received either in part or in all or in part or in all laid aside But that the observance of this Chapter is necessary not onely for the maintaining of the proper Power and jurisdiction but also to withstand infinite inconveniences hee may finde it plainly that shall consider these things following First speaking of Bulls already made many are contrary to the Institutions of this most renowned Common-wealth as those that command Hereticks to be burned openly and alive The confiscation of goods with censures to those Princes who doe not admit of them The demolishing of a house where a Heretick is found although it be none of his owne That the Inquisition may cause any that it suspecteth to give it a pecuniary security to live a good Catholicke That the Inquisition have an armed Court properly belonging to that office All these are Pontificiall Ordinances contrary to the Customes of this State some doe give Inquisitors excessive authority as those which will have them have power to give leave to weare Armes and to make Crocesegnati which things could not bee put in practice without great confusion some are so severe that they cannot agree with the government of this State as that of Paul the fourth which will not have him pardoned his life that will come home againe having held any one of those five Articles which by him are named And another of Pio the fifth that no sentence given in the behalfe of one that was accused and found innocent should transire in rem Iudicatam although it were given after the Canonicall purgation but that the Office may alwayes take the same cause in hand againe upon the same proofes which order if it were in use would bee a continuall torment to those wretches And that other of the same Pope that whosoever should offend or but onely threaten a Notary or other Officer of the Inquisition or a Witnesse examined in that Office besides the Excommunication should be guilty of High Treason and should be punished with Capitall punishment his goods confiscated his children infamous and uncapable to succeede others by will To which punishment should also be subject whosoever should not onely case one to escape out of Prison but he also that should but attempt it although the effect did not follow and also whosoever should favour any such or mediate for them with other clauses of most cruell temerity comprehending also titular Persons and Princes Yet this is that Bull which was made in the yeare 1569. but was never received nor published in this State The Cardinall Arrigoni eight and forty yeares after that vid. in the yeare 1617. commanded the Inquisition of this City of Venice that it should print it and publish it and it had beene done if the most renowned Reformators of those times by order of the most excellent Counsell had not hindered it Any one may consider how many Processes might be made for every word that should be spoken to one of the notaries witnesses or denouncers who had thought themselves wronged and how many wretches would have bin daily vexed It were long to rehearse all those things which are contrary to the customes of these Countries but the above said are sufficient to shew that without the disturbance of the publicke authority and peace they cannot be all generally admitted But if any be necessary or profitable for the punishment of Hereticks it is fitting that it should be received but to know which is such a one belongeth properly to the prince nor can any one else know it Neither ought any one to be confident that they may bee received without confusion because they are of force in Rome and yet things there are quietly carryed the State of Rome being different from that of other Princes The Romans say they are above these Ordinances if they thinke fit they
may observe them if not they may omit them or dispence with them and they doe wonderfully serve for their ends as well when they are observed as when they are disobeyed because they are not to bee ruled by the Lawes but they doe rule the Lawes Contrariwise in other States when they are once published or received they are no more in the Prince his power They must then runne to Rome to seeke a remedy when they are heard and either they doe get remedy or not they regarding not what is behoovefull to another State but to their owne And this is that which the court of Rome would have and every day attempted vid. to have in their hand under colour of Religion the administration of some certaine things without which States cannot be governed by which meanes it would become judge of all governments For this cause the Popes say daily when they would cause their Decrees to be admitted that if there be any inconvenience they should have recourse to them and they will helpe it but the remedy which commeth not from the same Prince but from them who have their proper interests is worser than the sore God whose workes are perfect and who is the Author of all Principalities gives to every one as much power as is necessary to governe well neither will he have it acknowledged from any other but from his Divine Majesty All that which a Prince acknowledgeth from others but from God is slavery and subjection So much is said generally of the consideration which ought to bee had in publishing or receiving Pontificiall Orders made of old in matters of Heresie But much greater care ought to bee had concerning those which shall be made hereafter Of them which are made already the number is certaine it is knowne whether they be received in other places or no how they are observed what construction they receive what is their aime what consequence of good or evill effects they bring with them But for the time to come if the Court might have her liberty the number would grow to be infinite When one newly appeares it is not knowne whether the World will admit of it or no the aime of him that made it is not yet discovered experience hath not shewne what effects it may bring forth and therefore all delay and maturity in receiving of it will bring forth aboundance of conveniency with it It is not said that new reasonable orders are not to bee accepted but that they ought not to be received as of duty or as subjects but by agreement and publicke treaty the institution of that Office requiring it as it is said and with much consideration because of the great dangers that novelties doe bring with them The Court of Rome in making new Buls taketh no great advice with ease they are made because with ease they are revoked or derogated from or dispensed with as it fals to be most commodious for their businesses wherein they regard their owne ends But that which is profitable for one State is not profitable for another The safety of this Dominion requireth that Religion should bee kept inviolate in all her parts withstanding all change and novelty whatsoever The respects of Rome require that no change shall be made through which Pontificiall power may be diminished nor the Court lose any of her profits which she draweth out of other Statues But those novelties whereby the profit of the Court may be increased or temporall authority may bee diminished with the exaltation of the Ecclesiasticall are not to bee abhorred but procured and that wee see daily This most renowned Common-wealth as well as other Catholicke Kingdomes finds it selfe betweene two contraries The Protestants who have no other aime but to diminish Ecclesiasticall authority and the Court of Rome which hath no other aime but to increase it and to make the temporall her servant Whence your Catholicke States and Kingdomes to preserve themselves doe withstand all novelties on the on the other side and doe keepe Religion without any change at all being knowne by experience that either of the novelties are pernicious That reverence which deservedly is given to Religion is the cause that those abuses have easie admittance which come covered with that sacred Mantle For the maintaining of Religion the office against Heresie is respected and for this cause when Rome will bring in some novelty it willingly makes use of that office supposing that the true end will not appeare And that hath beene wrought in the selfe same manner in times past but very slightly in regard of what was done at this present Neverthelesse the Senators of those times were alwayes carefull They would have the Office against Heresie to bee mixt they have opposed themselves against all novelties they have not suffered Ecclesiasticall Persons to doe any thing unknowne unseene or unexamined By these foot-steps must he walke that will have the Common-wealth preserved not suffering new Buls or Decrees to bee accepted within the State if first by mature deliberation it be not made knowne that they will bring in no inconveniences Which deliberation is proper to the Prince who alone comprehendeth the estate of publicke things The Exposition of the nine and twentieth Chapter THe nine and twentieth Chapter which treateth of publishing a prohibition of bookes since the agreement of the yeare 1596. stands in force there can no doubt be made of it But it will be necessary to consider that the agreement being made with so much consideration and maturity as well of the Apostolicall Seas side as of the most renowned Common-wealths side the matter ought to be held of weight This conference lasted foure Moneths on the Pontificiall side there was the Cardinall the Nuntio and the Inquisition and on the other side the chiefe Senators of the Common-wealth cleare arguments that the businesse on both sides was held to be of great weight and neverthelesse though it was determined by common consent yet did it not take away all hope from the Ecclesiasticall Persons to have it forgotten againe and out of use Wherefore then they treated that there should bee but three score coppies Printed of the agreement for nothing else but because there being an innumerable number of the coppies of the Indexes of the forbidden bookes which passe through all mens hands every one might see those documents which give the authority over the bookes to Ecclesiasticall Persons onely but the moderation of the agreement might not be knowne but by few and so finally it might bee lost And treading these steps in Rome there is not a yeare but there comes forth a Catalogue of new prohibition under the name of the Master of the sacred Palace with clauses that it shall take place in all Cities Townes and places of every Kingdome Nation or People and that it shall bind all men although there be no publication who shall come any way to have notice of the Edict This Index is sent to the