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as Judges in the Cognizance of them or who by order or any other way compel the Plaintiffs to withdraw or cause to be withdrawn their Citations or Inhibitions or any other Letters decreed in the spiritual Court and the Defendants against whom such Inhibitions were issued out to procure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
The Famous Bull IN CAENA 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 Printed in the Year 1688. PREFACE AFTER so many and so loud Out-cries against that just and necessary distinction of Old and New Popery which the late Artifices and shiftings of our Adversaries have enforced the Divines of our Church to observe and publish after so many vehement Protestations against the reality of any such distinction and confident assertions of the entire Conformity between the Doctrine of the present Church of Rome or rather some few Emissaries of it and that of the immediately precedent Ages so many new Systems Representations and Expositions of the pretended Catholick Doctrine it might have been justly expected that the Faith and Doctrine if not of the present and precedent Age yet at least of all National Churches at this day in Communion with the Church of Rome should be perfectly conformable and invariable For the Opinions of the precedent Age may be indeed falsly represented to us the truth of them may be obscured by cunning Artifices and Illusions or evaded by a bold and obstinate Denial but the Doctrines and Practice of the present Time cannot be dissembled nor without too manifest an affront to Truth be denied by these Gentlemen of the Mission who may perhaps confound our Reason but can never delude our Senses That this distinction is both just and real needs no other Argument than the known and confess'd distinction between French and Italian Popery For since the Patrons and Defenders of both these Parties appeal to the belief of the Church in the precedent Age since both propose Tradition as the Rule of their Faith and challenge to themselves the Consent and Suffrage of that Rule since both their Pleas cannot be allowed and one Party must necessarily have departed from the true ancient and genuine Popery it evidently follows that as one Party conserves the Old so the other hath framed a New sort of Popery I know it is commonly pretended that these differences are of small moment neither essential to Christianity nor to the Doctrine of the Church of Rome that either side may be safely believed and neither renders any Man either less Orthodox or more Heretical But certainly these Pretences are no other than Protestations against matters of Faith since not only the Subjects of these different Doctrines are Matters of the greatest moment and concern but attended with all the solemn Characters and evident Marks of the most momentous Articles of Faith I mean an infinite Zeal and Concern of each Party for the defence and propagation of their own Opinion and condemning the contrary Doctrine as a Crime worthy of Excommunication and Anathema which are never supposed to be inflicted on Opinions of an indifferent nature and free from all Contagion of Heresy or Schism If then the Pope and Italian Divines will not allow those of France to be truly Orthodox and Catholick if they think them unworthy and incapable of Ecclesiastical Dignities and Promotions and daily issue out Excommunications against such Practices as the Church of France is manifestly known to act allow and command if on the other side the French Clergy so far return the Accusation as to attaint the Pope of Heresy to declare his Censures rash unchristian and destructive of the Church and himself ipso facto excommunicate certainly we must renounce all Sense and Reason to imagined these to be no more than verbal Differences Scholastick Niceties and Opinions of private Divines which may be safely either rejected or received That Differences of this nature have arose between the Church of France and See of Rome and those continued with great Heat and Animosity through several Ages is manifest both from Ecclesiastical and Civil History This indeed our Adversaries deny but surely by the assistance of that wonderful Secret which can enable them confidently to propose the greatest Contradictions and Falsities and then effectually secure them from blushing at them The Violence and Cruelties practised upon many thousand Protestants of France have been acted within a few Months in the view of the World and the face of Mankind yet there are not wanting who decry all Relations of these Cruelties and Barbarities as the Calumnies and Fictions of Hereticks and have added this to the other glorious Titles of Lovis le Grand that he hath reduced his Subjects to the Profession of one Religion by methods of Mercy and Gentleness The present differences between the Courts of Rome and France how conspicuous soever might have suffered the same fate and with equal Reason have been denied if Monsieur Barillon the French Ambassador had not by endeavouring to vindicate his Master's Honour and the Justice of his Cause obliged us with an Account of the Proceedings of the Parliament of Paris upon the Pope's Bull an Account which as it is undeniable and unexceptionable to our Adversaries so it abundantly evinceth what I have hitherto advanced The whole Church of France and after them the Sorbon have within a few Years defined and asserted the Fallibility of the Pope and herein acted consonantly to the Principles and Doctrines of their Ancestors who had constantly taught the same Doctrine but never solemnly defined it However this Article is beyond the Alpes rejected with a no less contrary Zeal and Infallibility of the Pope ranked among the Fundamental Doctrines of the Christian Religion For proof of this we need go no farther than the forementioned Account of the Proceedings of the Parliament at Paris which assures us that not only the Italian Doctors and Emissaries of the Court of Rome are employed carefully to propagate the Opinion of the Papal Infallibility as if the belief of that Point were wanting to render France truly Catholick but also that one third of the Episcopal Sees of France being now vacant and the King having nominated to them some of those who assisted at the late National Assembly wherein the Papal Infallibility was rejected Persons as well recommendable for their Piety and Vertue as for their Knowledg and Learning the Pope refuseth to grant Bulls of Confirmation to them on pretence that they do not make Profession of a sound or Orthodox Doctrine because they do Pag. 5 23. not believe him to be Infallible nor like the Italian Doctors attribute to him the Title of Universal Monarch Which evidently demonstrates that the Papal Infallibility is esteemed a necessary Doctrine in Italy and the denial of it incompatible with a sound and Orthodox Belief of the Catholick Faith since Scholastick Niceties were never known to incapacitate Men for Ecclesiastical Preferments or cast them out of the number of Orthodox Christians The Primacy of the Pope is a matter of no less moment How far it extends is indeed controverted among Roman Catholicks but
believe and by preventing their Fluctuation and Mistakes in Faith to secure to them the attainment of eternal Salvation After this Bull hath been Enacted and confirmed by so many Popes promulged so often and so solemnly so exactly executed and put in practise by the Church of Rome proposed as the Standard of Catholick Doctrine and appealed to by this present Pope in the Controversies depending between him and the Court of France it cannot be any longer doubted that all matters whether of belief or practise contained in it are esteemed necessary to Salvation by the particular Church of Rome This also the punishments annexed to it evidently demonstrates Excommunication and Anathema being ipso facto incurred by the violation of any part of it For the very nature of these Excommunications supposeth that the persons offending do by that very act cease to be Christians or Catholicks and disown themselves to be so and that the action to which this punishment is declared to be annexed is directly contrary to Faith and destructive of it If after all the Doctrines of this Bull be denied to be justly charged upon the Church of Rome it might with equal reason be pretended that the ancient Commonwealth of Rome could not be justly accused of Idolatry or the worship of false gods altho she established that worship with severe Laws maintained the exercise of it with the publick Revenues punisht the neglect of it with great strictness and severity and made her addresses to those false Deities upon all great occasions and affairs of State because some few Philosophers opposed the general opinion contemned their Ceremonies and disapproved their worship Many and large Observations might be drawn from this Bull disadvantageous to the Doctrine and Discipline of the present Church of Rome But I will here take notice of no more than two And first Popery is commonly represented by the Reformed Divines as injurious to the Rights of Princes and promoting Sedition and Rebellion That the lawfulness of the Deposition of Princes hath been often defined by Popes and Councils and put in practice by them cannot be denied but then it is pretended that it was not defined dogmatically nor as a matter of faith that their definitions are misrepresented by us and were never received nor allowed by the Universal Church However the justice of our Charge is sufficiently manifested by this Bull which asserteth and maintaineth the Independency of the Clergy from the Secular Prince by forbidding the Civil Power to apprehend imprison vex summon tax fine or exercise any Act of Authority over Ecclesiastical persons upon pain of Excommunication and Anathema Now Deposition of Princes by the Papal Authority and exemption of the Clergy from any obedience to them by reason of their immediate subjection to the Pope being both founded upon the same principle of injustice and usurpation do mutually infer each other Nay to exempt the whole Clergy from the obedience of their Natural Prince doth actually devest him of all authority of one part of his subjects and deprive him of one half of his Kingdom especially in those Countries where the Clergy and Regulars are vastly numerous as in all places where Popery obtains or where they possess a great part of the Revenues of the Kingdom the Secular Prince being not only forbidden to impose any Taxes upon the Clergy or their Revenues but also even to receive them when voluntarily offered without an express License from the Court of Rome If after all this the Romish Emissaries will pretend to true and real Loyalty and acknowledg their subjection to their Natural Prince they must first own themselves to be Excommunicated persons and lay down the name of Roman Catholicks But we have reason to believe that our English Missionaries intend no such acknowledgment since they have with so much pomp lately revived the Festival of St. Thomas Becket who died in defence of this Trayterous Position That the Clergy owe no Subjection to the Secular Power In the next place it may be observed that the greatest part of this Bull is employed in Excommunicating and Anathematâ—zing all those who any ways presume to intermeddle in the cognizance of Ecclesiastical matters or interrupt the proceedings of Ecclesiastical Courts by Prohibitions Appeals or any Evasions of the like nature or who give aid advice or consent thereto All this is worded with such scrupulous nicety and exactness that it is impossible to be avoided by any subtile Evasions and then the Excommunication incurred can be taken off and absolved only by the Pope himself except at the point of death and then only when eminent signs of true repentance and assurance of full satisfaction are given Notwithstanding such express prohibition and denunciation of Anathema's it is notoriously known that all Popish Princes do intermeddle in judging Ecclesiastical Causes that particularly in France the Spiritual Courts are almost wholly rendred useless and debarred from exercising their Authority by frequent Prohibitions from the Secular Court and that in Sicily all Ecclesiastical Matters and Causes are decided by the sole Authority of the King of Spain and his Commissioners not to mention examples and practises of the like nature in other Popish Countries From whence it follows that by vertue of this Bull all these Princes their Counsellors Parliaments Lawyers and Adherents together with all who procure execute or consent to these Prohibitions and Impediments of Ecclesiastical Justice stand Excommunicate by the Pope and are really no Members of the Church of Rome No Priviledg or Exemption can in this case be drawn from ancient Immunities Pragmaticks or Concordats which the Parliament of Paris so much insist on since the Bull proceeds with a Non obstante to all these and declares them Null whensoever they oppose the Contents of the Bull. Nay decreeth that whoever recurs to them thereby to elude the Obligation of the Bull shall thereby ipso Facto become Excommunicate altho he should in no other case have incurred that Punishment In vain therefore doth the Parliament of Paris oppose the Liberties of the Gallican Church the Pragmatick of St. Lewis and Concordat of Lewis the XI and Francis to the present Attempts of the Pope and his Excommunication of the Marquis of Lavardin For the Pope having wisely grounded his Proceedings upon the Bull in Caena Domini which annuls and abolisheth them all the Parliament must either forego their Plea or their pretence of retaining Communion with the Church of Rome By the same Artifice the Pope hath cut off the Advocates Appeal to a future Council For the Bull declareth that all who make admit favour or countenance any such Appeal shall incur Excommunication Thus also the Argument of the Invalidity of the Excommunication of the Embassador drawn from the Omission of his Name in the Papal Instrument falls to ground For the Bull hath particularly provided for this Case and decreeth that all Violators of it of what Dignity soever shall be as effectually Excommunicated as if
and all their Abetters Receivers and Defenders § 4. Further We excommunicate and anathematize all and singular who when the Ships of any Christians are either driven out of the way by Tempest or any ways suffer shipwrack convey away any Goods of what kind soever either in the Ships themselves or cast out of the Ships into the Sea or found on the Shore as well in our Tyrrhenian and Adriatick Seas as in any other Divisions of Shores of all Seas whatsoever so that they shall not be excused by any Priviledge Custom or possession of time immemorial or any other pretext whatsoever § 5. Further We excommunicate and anathematize all who impose or augment any new Tolls or Gabells in their Dominions except in cases permitted to them by Law or by especial leave of the Apostolick See or who exact such Taxes forbidden to be imposed or augmented § 6. Further We excommunicate and anathematize all Forgers of Apostolick Letters even in form of a Brief and of Supplications respecting Indulgence or Justice signed by the Pope of Rome or by the Vice-chancellours of the Holy see of Rome or by their Deputies or by the command of the said Pope as also those who falsly publish the Apostolick Letters even in form of a Brief and those who falsly sign such Supplications in the name of the Pope of Rome or the Vice-chancellour or their Deputies § 7. Further We excommunicate and anathematize all those who carry or transmit to the Saracens Turks and other Enemies and Foes of the Christian Religion or to those who are expresly and by name declared Hereticks by the Sentence of us or of this Holy See Horses Arms Iron dust of Iron Tin Steel and all kind of Metals and Warlike Instruments Timber Hemp Ropes made as well of Hemp as of any other matter and that matter whatsoever it be and other things of this nature which they make use of to the prejudice of Christians and Catholicks as also those who by themselves or others give intelligence of matters relating to the State of Christendom to the Turks and Enemies of the Christian Religion to the hurt and prejudice of Christians or to Hereticks to the prejudice of the Catholick Religion or who any ways afford to them counsel assistance or favour notwithstanding any Privileges hitherto granted by Vs and the aforesaid See to any Persons Princes or Common-wealths wherein express mention is not made of this prohibition § 8. Further We excommunicate and anathematize all hindering or invading those who bring Provisions or any other things necessary for the use of the Court of Rome as also those who forbid hinder or obstruct the bringing or conducting of them to the Court of Rome or who abet the doers of these things either by themselves or by others of whatsoever order preeminence condition or quality they be even although they be Bishops or Kings or invested with any other Ecclesiastical or Secular Dignity § 9. Farther We excommunicate and anathematize all those who kill maim spoil apprehend or detain by themselves or by others those who come to the Apostolick See or return from it as also all those who having no ordinary jurisdiction nor any Delegated by Vs or our Judges rashly challenging it to themselves presume to commit any like actions against those who reside at the Court of Rome § 10. Farther We excommunicate and anathematize all who kill maim wound detain apprehend or rob Travellers to Rome or Pilgrims for the sake of Devotion or Pilgrimage going to that City staying in it or returning from it and those who give aid counsel or favour in these cases § 11. Further We excommunicate and anathematize all who slay wound maim strike apprehend imprison detain or in hostile manner pursue the Cardinals of the Holy Church of Rome and Patriarchs Archbishops Bishops Legats or Nuncios of the Apostolick See or those wo drive them out of their Territories Diocesses Lands or Dominions or those who command or allow these things to be done or give aid counsel and favour to them § 12. Further We excommunicate and anathematize all those who by themselves or by others slay or any ways strike or despoil any Ecclesiastical or Secular Persons having recourse to the Court of Rome for their Causes and Affairs and prosecuting and managing them in the said Court or even the Auditors or Judges deputed for the hearing and managing of the said Causes and Affairs upon occasion of these Causes and Affairs as also those who by themselves or by others directly or indirectly presume to act or procure the said Crimes or to give aid counsel or favour to them of whatsoever preheminence or dignity they be § 13. Further We excommunicate and anathematize all those as well Ecclesiasticks as Seculars of whatsoever dignity they be who under pretence of a certain frivolous appeal from the injustice or future execution of the Apostolick Letters even in form of a Brieve respecting as well indulgence as justice as also from the injustice and future execution of Citations Inhibitions Sequestrations Monitories Processes Executorials and other Decrees issuing out or which shall at any time issue out from Vs and the aforesaid See or our Legates Nuncios or Presidents from the Auditors of our Palace and Apostolick Chamber from our Commissaries and other Apostolick Judges and Delegates as also those who any other ways have recourse to Secular Courts and the Lay Power and who cause such Appeals to be admitted by the Secular Courts even although the Procurator and Advocate of the Exchequer should require it or who cause the aforesaid Letters Citations Inhibitions Sequestrations Monitories c. to be seized or retained or those who hinder or forbid the said Letters to be put in execution either simply or without their good-will consent or examination or who hinder or forbid Scriveners or Notaries from making or delivering when made to the Parties concerned any Instruments or Acts concerning the execution of these Letters and Processes or who apprehend strike wound imprison detain drive out of Cities Places and Kingdoms despoil of their Goods terrify vex and threaten either by themselves or by others publickly or privately the Parties or their Agents Kindred on both sides their Friends Notaries the Executors or Sub-executors of the said Letters Citations Monitories c. or who any other way presume directly or indirectly to forbid ordain and command any Persons in general 〈◊〉 in particular to betake themselves or haue recourse to the See of Rome to prosecute their Affairs of any kind or to obtain Indulgences or Letters or who forbid them to obtain the said Indulgences or to make use of them when obtained of the said See or who presume to retain the said Indulgences in their own hands or in the hands of a Notary or a Scrivener or any other way § 14. Further we Excommunicate and Anathematize all and singular who by themselves or by others by their own Authority and de facto