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A40843 The famous bull in Cœna Domini published at Rome every Maunday Thursday against hereticks and all infringers of ecclesiastical liberties with a preface containing some reflections on the bull, and animadversions on the late account of the proceedings of the Parliament of Paris.; Pastoralis Romani Pontificis vigilantia. English & Latin Catholic Church. Pope (1605-1621 : Paul V); Paul V, Pope, 1552-1621. 1688 (1688) Wing F365; ESTC R2280 23,075 70

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under pretence of any exemptions or any other Apostolick Indulgences and Letters take away the cognizance of Benefices and Tithes and other spiritual Causes or annexed to spirituals from our Auditors and Commissaries and other Ecclesiastical Judges and hinder the proceeding and audience of them and the Persons Chapters Convents Colledges desiring to prosecute the said Causes or who intrude themselves as Judges in the Cognizance of them or who by order or any other way compel the Plaintiffs to withdraw or cause to be withdrawn their Citations or Inhibitions or any other Letters decreed in the spiritual Court and the Defendants against whom such Inhibitions were issued out to procure or consent to be absolved from the Censures or Punishments contained in them or who any ways hinder the execution of Apostolick Letters Executorials Processes and Decrees aforesaid or give their allowance counsel or assent to it even under pretence of hindering violence or any other pretexts whatsoever or even until they shall Petition us or cause us to be Petitioned for our better information as is commonly pretended unless they prosecute such Petitions before us and the Apostolick See in lawful form even although those who commit such things should be Presidents of Chanceries Councils or Parliaments Chancellors Vice-chancellors ordinary or extraordinary Counsellors of any secular Princes whether they be Emperors Kings Dukes or any other dignity or Archbishops Bishops Abbots Commendataries or Vicars § 15. Also those who under pretence of their Office or at the instance of any party or of any others draw or cause and procure to be drawn directly or indirectly upon any pretext whatsoever Ecclesiastical Persons Chapters Convents Colledges of any Churches before them to their Tribunal Audience Chancery Counsel or Parliament against the Rules of the Canon-Law as also those who for any cause or under any pretext or by pretence of any Custom or Priviledg or any other way shall make enact and publish any Statutes Orders Constitutions Pragmaticks or any other Decrees in general or in particular or shall use them when made and enacted whereby the Ecclesiastical Liberty is violated or any ways injured or depressed or by any other means restrained or whereby the Rights of us and of the said See and of any other Churches are any way directly or indirectly tacitely or expresly prejudged § 16. Also those who upon this account directly or indirectly hinder Archbishops Bishops and other superior and inferior Prelates and all other ordinary Ecclesiastical Judges whatsoever by any means either by imprisoning or molesting their Agents Proctors Domesticks kindred on both sides or by any other way from exerting their Ecclesiastical jurisdiction against any persons whatsoever according as the Canons and sacred Ecclesiastical Constitutions and Decrees of General Councils and especially that of Trent do appoint as also those who after the sentence and decrees of the Ordinaries themselves or of those delegated by them or by any other means eluding the judgment of the Ecclesiastical Court have recourse to Chanceries or other secular Courts and procure thence Prohibitions and even Penal Mandates to be decreed against the said Ordinaries and Delegates and executed against them also those who make and execute these Decrees or who give aid counsel countenance or favour to them § 17. Also those who usurp any Jurisdictions Fruits Revenues and Emoluments belonging to Vs and the Apostelick See and any Ecclesiastical persons upon account of any Churches Monasteries or other Ecclesiastical benefices or who upon any occasion or cause sequester the said Revenues without the express leave of the Bishop of Rome or others having lawful power to do it § 18. Also those who without the like special and express licence of the Pope of Rome impose Tributes Tenths Talleys Subsidies and other Charges upon Clergy-men Prelates and other Ecclesiastical persons and the Goods Fruits Revenues and Emoluments of them and of the Churches Monasteries and other Ecclesiastical Benefices and exact them by divers artifices or even receive them so imposed from the Clergy although they should of their own accord grant and give them Also those who by themselves or others directly or indirectly fear not to do execute or procure the said things or to give aid counsel or favour to them of whatsoever preheminence dignity order condition or quality they be although they be Emperors or Kings or Princes Dukes Earls Barons and other Potentates whatsoever even Presidents of Kingdoms Provinces Cities and Territories Counsellors and Senators or invested even with any Pontifical Dignity Renewing the Decrees set forth concerning these Matters by the Sacred Canons as well in the last Council of Lateran as in other General Councils together with the Censures and Punishments contained in them § 19. Further We excommunicate and anathematize all and every Magistrates and Judges Notaries Scribes Executors Subexecutors any ways intruding themselves in capital or criminal causes against Ecclesiastical Persons by processing banishing or apprehending them or pronouncing or executing any sentences against them without the special particular and express licence of this Holy Apostolical See also those who extend such licences to Persons or Cases not expressed or any other way injustly abuse them although the Offenders should be Counsellors Senators Presidents Chancellours Vice-chancellours or entitled by any other name § 20. Farther We excommunicate and anathematize all those who by themselves or by others directly or indirectly under any title or colour whatsoever shall presume to invade destroy seize and detain in whole or in part the City of Rome the Kingdom of Sicily the Islands of Sardinia and Corsica the Territories about Faro St. Peter's Patrimony in Tuscany the Dukedom of Spoleto the County of Venoso and Sabinum Marca di Ancona Massa Trebaria Romandiola Campania and the Maritime Provinces and their Territories and Places and the Lands held in special commission by the Arnulfi and our Cities of Bononia Caesena Ariminum Beneventum Citta di Castello Todi Ferrara Comaclo and other Cities Lands and Places and Rights belonging to the Church of Rome and subjected mediately or immediately to the said Church of Rome also those who presume by divers means to usurp disturb detain and vex the supreme Jurisdiction of the said Dominions belonging to Vs and the Church of Rome also their Adherents Favourers and Defenders or those who any way give assistance counsel or favour to them § 21. Willing that our present Processes and all and every thing contained in these Letters continue in force and be put in excution till other Processes of this kind be made and published by Vs and the Pope of Rome for the time being § 22. In fine none may be absolved from the aforesaid Censures by any other than by the Pope of Rome unless he be at the point of death nor even then unless he giveth caution to stand to the commands of the Church and give satisfaction In all other cases none shall be absolved not even under pretence of any Faculties or
that some Power was assigned by Christ to St. Peter and his Successors over all Members of the Christian Church is the common Principle of all proposed by them as the only Center of Unity and a Doctrine necessarily to be received by all Catholicks Whatsoever this Power is it being of Divine Institution cannot be annulled or restrained by any General Council much less by the Laws and Edicts of the Civil Power but may be exercised independently from both If then any Church refuseth any Obedience or Submission to the Commands of the Pope unless they be conformable to the Canons of Councils and ratified in the first place by the Civil Power they thereby declare an intire Disbelief of any Power committed to the Pope by Divine Institution For however they may pretend Councils to be Infallible and consequently inerrable in fixing the limits of the Papal Power although even according to this supposition the Papal Power not being antecedent to General Councils could have no existence in the three first Centuries when no such Councils were held yet this Infallibility cannot be pretended to be inherent in the Civil Power The Temporal Prince may possibly be an Atheist an Apostate or an Heretick may forbid all Obedience to be paid even to the most just Commands of the Pope and deny to ratify such Orders as do naturally flow from the execution of that Commission which Christ hath given to the Pope If the Pope hath indeed any such Divine Commission he may and ought to execute it in spight of all opposition of the Civil Power and if he exceeds not the bounds of his Commission he ought to be obeyed by all faithful Christians although the Civil Power far from ratifying his Commands should even forbid them to be obeyed No priviledg can exempt us from this Duty nor any humane Law dispense with the Obligation of it yet the Church of France pretends and constantly averrs that no Obedience is due to any Commands of the Pope of what nature soever until they be first ratified and confirmed by their Prince This pretence was not started of late but hath been introduced and continued for several Ages being the grand Principle of the so much famed Liberties of the Gallican Church a Principle which can no otherwise be maintained than by disowning and disclaiming all Divine Institution of the least Papal Power and accordingly we are told in this account that the boundless and arbitrary Authority of the Pope hath been the Source of almost all the incurable mischief with which the Church is afflicted that his Power Pag. 13 15 22 9. reacheth no farther than the Diocess of Rome and his Patriarchship than the neighbouring Provinces stiled Suburbicarian that it would be very advantageous that all Ecclesiastical Matters were transacted in the Kingdom without ever being obliged to have recourse to Rome and that an Ambassador of France executing his Master's Orders cannot thereby incur Ecclesiastical Censures although none will deny that Ambassadour may possibly in obedience to his Master's Commands oppose even that Authority of the Pope which was lawfully invested in him by Christ if any such there be But not only doth the Church of France hereby disown the Divine Institution of any Papal Power not only doth she declare the Thunders of the Vatican to have nothing formidable to be transitory Fires which exhale into Smoke and do neither hurt Vid. pag. 19. nor prejudice save to those who darted them but affirms the Pope to be a Favourer and Patron of Hereticks ipso facto excommunicate and no Member much less Head of the Catholick Church He is accused to have maintained converse and correspondence with the condemned Disciples of Jansenius ever since Pag. 27. he hath been seated in S. Peter's Chair to have spoken in the highest degree in their praise and declared himself their Protector ●nd thereby so far to have endangered the Peace of the Church that nothing less than the foresight and cares of Lovis le Grand could restore or conserve it that he favours the Quietists and connives at their Heresy underhand espouseth their Party and protects their Persons He is denounced Excommunicate upon this ground That he who without lawful cause and through humane motives undertakes to suspend one of the Members of Jesus Christ from the Communion of the Church doth Pag. 12. separate himself from it by such an unjust Attempt Nay farther he is declared by the ill exercise of his Power to have lost Pag. 37. the Power of binding and unbinding and thereby in effect to have fallen from the Papacy and to be deposed Alas that Innocent XI whom our Missionaries represent to us as the grand Pattern of Apostolick Vertue and Holiness should at last be convicted of Heresy and proved to be no Member of the Church He hardly escaped last year from being condemned as a Quietist in the Inquisition of Rome and now alas poor Man instead of enjoying that Honour which he hath so ambitiously courted of suffering Martyrdom in defence of the Church he may perhaps be burnt for an Heretick as soon as Lovis le Grand shall please Pag. 7. to execute that Right which he pretends to have to make himself known in the quality of his Sovereign It cannot be pretended that these are matters of light moment in themselves but unhappily at this time heightned into great differences by the ill Conduct and false Zeal of an ignorant and stupid Pope since his Actions are grounded upon and upheld by the famous Bull in Coenâ Domini which himself refers to and the Parliament of Paris upon that account decrieth with so much indignation telling us that if this Decree whereby the Popes declare themselves Sovereign Monarchs of the World be legitimate Pag. 11. the Majesty Royal will then depend upon their humour all their Liberties will be abolished the Secular Judges will no longer have the Power to try the possession of Benefices nor the civil and criminal Cause of Ecclesiastical Persons All this is indeed literally true and the natural consequence of that Bull. But then this alone abundantly manifests the Justice of our Charge and the real difference of the Doctrines of the Churches of France and Italy in matters of the greatest moment In France this Bull is esteemed impious unjust and uncanonical derogatory to the Rights of Princes and Priviledges of national Churches contrary to the Laws and destructive of the Christian Church At Rome it is accounted sacred and inviolable ratified and confirmed by more than twenty Popes whose Names and Constitutions are prefixed to the Bull published with the greatest Solemnity imaginable every Maunday Thursday the Infringers and Violators of it declared ipso facto excommunicate and Priviledges and Dispensations to the contrary annulled and made void and all this as the Preface of the Bull assureth us to preserve the Unity and Integrity of the Faith to teach all private Christians what they are certainly to
impressis Notarii publici manu subscriptis sigillo Judicis Ordinarii Romanae Curiae vel alterius personae in dignitate ecclesiastica constitutae munitis eandem prorsus fidem in judicio extra illud ubique locorum adhibendam fore quae ipsis praesentibus adhiberetur si essent exhibitae vel ostensae § 30. Nulli ergo omnino hominum liceat hanc paginam nostrae excommunicationis anathematizationis interdicti innovationis innodationis declarationis protestationis sublationis revocationis commissionis mandati voluntatis infringere vel ei ausu temerario contraire Siquis autem hoc attentare praesumpserit indignationem Omnipotentis Dei ac Beatorum Petri Pauli Apostolorum ejus se noverit incursurum Datum Romae apud S. Petrum Anno Incarnationis Dominicae Millessimo sexcentesimo decimo sexto Idus Aprilis Pontificatus nostri anno quinto Anno a Nativitate Domini Nostri Jesu Christi millesimo sexcentesimo decimo tertio Indict 11. die vero quarta mensis Aprilis Pontificatus Sanctiss in Christo Patris D. N. D. Pauli divina providentia Papae V. anno octavo supradictae literae affixae publicatae fuerunt ad Valvas Basilicarum S. Joannis Lateranensis Principis Apostolorum in acie Campi Florae per nos Baldassarem Vacham Brandimartem Latinum Cursores Jacobus Brambilla Mag. Curs The Sixty third Constitution of Paul V. THe Excommunication and Anathematization of all Hereticks whatsoever and their favourers and Schismaticks or of those who violate the Ecclesiastical Liberty or any ways infringe the Contents of this Bull which is wont to be published on Maunday-Thursday As for almost all the Chapters of this Bull besides the 3d Extravagant of Paul II. and the 5th Extravagant of Sixtus IV. in the Title of Penance and Remissions you have them before ordained in the first Constitution of Urban V. fol. 215. in the 25th Constitution of Julius II. f. 482. in the 10th Constitution of Paul III. f. 522. and in the 81st Constitution of Gregory XIII f. 348. lib. 2. Other Bulls of this nature called Bulls in Caena Domini I have purposely omitted being content with these from which it may appear that the Popes have made some Variation in them according to the Exigency of the times Yet I would not omit those which follow as being especially necessary and partiticularly published upon the several Chapters of this Bull. There is extant therefore in this Collection a particular Edict of Nicolas III. about the 1st Section of this Bull in his 2d Constitution Sup. fol. 143. concerning Sect. 2. there is extant Const 5. of Pius II. f. 290. l. 1. concerning § 4. there is extant Const 7. of Pius V. f. 137. l. 2. concerning § 7. is extant Const 3. of Nicolas V. f. 283. l. 1. concerning § 10. is extant a Canon of Callistus in c. 23. Const 24. qu. 3. Concerning § 11. in respect of the Cardinals is extant Const 16. of Leo X. f. 420. l. 1. and Const 93. of Pius V. f. 222. l. 2. Concerning § 12. is extant Const 11. of Alexander VI. f. 352. Concerning § 14. is extant Const 2. of Martin V. f. 239. and Const 17. of Innocent VIII f. 343. and Const 30. of Leo X. f. 440. and Const 39. of Clement VII f. 505. l. 1. and Const 19. of Gregory XIII f. 290. l. 2. Concerning § 15. are many Canons in the Body of the Law and Const 10. of Martin V. f. 247. Concerning § 19. is extant Const 3. of Urban VI. f. 222. Concerning § 20. is extant Const 8. of John XXII f. 174. and Const 3. of Clement VI. f. 212. and Const 13. of Leo X. f. 314. and Const 11. of Paul IV. f. 595. Another like Excommunication usually published on Maunday Thursday is extant in the 62d Constitution of our Holy Lord Urban VIII inf Tom 4. Paul Bishop Servant of the Servants of God in perpetual memory of the thing now Decreed THE Pastoral vigilance and care of the Bishop of Rome being by the duty of his Office continually employed in procuring by all means the peace and tranquility of Christendom is more especially eminent in retaining and preserving the unity and integrity of Catholick Faith without which it is impossible to please God That so the faithful of Christ may not be as Children wavering nor be carried about with every wind of Doctrine by the cunning craft of men whereby they lay in wait to deceive but that all may meet in the unity of the Faith and the knowledg of the Son of God unto a perfect man That in the communion and society of this life they may not injure nor offend one another but rather being joyned together with the bond of Charity as members of one body under Christ the Head and his Vicar upon Earth the Bishop of Rome St. Peter's Successor from whom the unity of the whole Church doth flow may be increased in edification and by the assistance of the Divine Grace may so enjoy the tranquility of this present life that they may also attain eternal happiness For which Reasons the Bishops of Rome our Predecessors upon this day which is dedicated to the Anniversary commemoration of our Lord's Supper have been wont solemnly to exercise the Spiritual Sword of Ecclesiastical Discipline and wholsom Weapons of Justice by the Ministry of the Supreme Apostolate to the glory of God and salvation of Souls We therefore desiring nothing more than by the guidance of God to preserve inviolable the integrity of Faith publick Peace and Justice following this ancient and solemn Custom § 1. We excommunicate and anathematize in the name of God Almighty Father Son and Holy Ghost and by the authority of the Blessed Apostles Peter and Paul and by our own all Hussites Wiclephists Lutherans Zuinglians Calvinists Hugonots Anabaptists Trinitarians and Apostates from the Christian Faith and all other Hereticks by whatsoever name they are called and of whatsoever Sect they be as also their Adherents Receivers Favourers and generally any Defenders of them together with all who without our Authority or that of the Apostolick See knowingly read keep print or any ways for any cause whatsoever publickly or privately on any pre text or colour defend their Books containing Heresie or treating of Religion as also Schismaticks and those who withdraw themselves or recede obstinately from the obedience of us or the Bishop of Rome for the time being § 2. Further We excommunicate and anathematize all and singular of whatsoever station degree or condition they be and interdict all Vniversities Colledges and Chapters by whatsoever name they are called who appeal from the Orders or Decrees of Vs or the Popes of Rome for the time being to a future General Council and those by whose aid and favour the Appeal was made § 3. Further We excommunicate and anathematize all Pirates Corsairs and Robbers by Sea roving about our Sea chiefly from Mount Argentiere to Terracina