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
who are of Iewish or Moorish race are examined at the Inquisition for the suspition of Heresie and punished with branding for the offence If a Turke or Iew become a Christian be found to have two Wives hee may bee tried in the Inquisition for his suspected beliefe and for the offence in the ordinary Court of Iustice But when either for carnality or to steale the portion or for any such ends any one hath taken a second Wife they ought without any circumstance to proceed doing Iustice in the ordinary Secular Court punishing the offence as the quality of the particular circumstances shall require preferring the common opinion of Lawyers and the Universall custome of Courts to cavils onely invented to confound jurisdictions The Exposition of the three and twentieth Chapter IN cases of usury as it is said in this Chapter it is questionlesse that the Inquisition ought not to meddle in them So have many Popes of Rome answered Inquisitors who have purposed to draw cases and questions of Usury unto their Office and the Decree is also Registred in the Canon Law where to exclude absolutely all cases of usury out of the Inquisition and to provide that by no indirect way nor under any good colour it might be attempted to judge of any the Pope saith That though the Inquisition had enjoyned some converted Hereticke such pennance as if hee had beene an Usurer he should make restitution yet for all that not so much as against him can they meddle in such cases It is behoovefull both for Gods Service and the reputation of the Inquisition Office with all diligence to keepe many causes from them So this Chapter being cleare wee neede not say any more of it The Exposition of the foure and twenty Chapter IN this Chapter is set downe that Iewes nor other Infidels shall for no cause be subject to the Inquisition Office but onely to the Secular Court It was said by the Apostle St. Paul plainely that the Ecclesiasticall Power doth not extend to judge those that are not of the Church And so much hath bin held and observed also in these latter times Pope Innocent the third declared that they were not subject to the Pope neither to the Law nor yet to bee judged since that by vertue of the Law the Iudge doth exercise his Office Besides the Infidels of what kind soever they be are not capable of Spirituall punishments and therefore are not subject to the Church which punisheth with such In the Body of the Civill Law there be prohibitions and punishments against Iewes which blaspheme or injury Religion or draw Christians to Iudaisme or to offend Iewes which are become Christians And the Popes of Rome themselves have not used any other remedy against Iewes and other Infidels who have offended in wronging or slandering Religion but onely to excite Princes and Secular Magistrates to doe their duty in punishing them To this purpose there be many Decrees in the Canon Law Some Princes to discharge themselves of the trouble of judging such causes have delegated them to the Bishops which hath not pleased the Popes very well The King of Sicily having delegated power to some Bishops of his Kingdome to punish the Sarazens of his Kingdome in certain cases where they offend Religion Pope Alexander the third did write to them that they should onely punish such offences for which was sufficient a pecuniary Mulct or whipping without blood-shed But if the offence did deserve any greater punishment they should not meddle with it but should leave the judging of it to the temporall Power This authority established by the saying of St. Paul confirmed by the Canon and Civill Lawes and by Customes none should attempt to contrary it But the desire of enlarging authority doth so blinde some men that without regarding so much plainenesse they turne themselves to cavils of no moment saying That if God doth punish and hath punished Infidels the Pope and the Inquisitors his Delegates may and ought also punish them A reason which would prove that they might punish both Christians and Infidels and all manner of offenders for all manner of offences though never so concealed and also sinnes onely conceived in the minde for God doth punish all these The truth is that Christ hath not given his Vicars any power but onely over his Church and in spirituall things and therefore they can judge none but Christians nor punish them but onely with spirituall punishments The temporall punishments God hath committed to the Secular power for punishing all manner of offences and against all offendors be they of what Religion they will And certainly to make an argument from the Divine Omnipotencie to humane authority it agreeth not with the reverence due to the Divine Majesty But another thing must bee considered for they say that although Infidels be not subject to Ecclesiasticall power yet when they doe offend the Church reason will that she may defend her selfe by punishing them it being a terme of Law That he who is not subject to a Territory by reason of an offence committed in it becomes subject to it which things well understood are all most true yet doe they not conclude in this purpose For the Church must not be denyed the defence of her selfe if she be offended but she ought to doe it with all offenders by meanes of the Magistrate The Infidell who violates holy things and offends Religion must not remaine unpunished and the Church may defend it selfe but not with its owne forces but with the authority of the Magistrate to inflict punishment doth not belong to him that is offended but alwayes to the Iudge and when by an offence the Delinquent should have his Court of Iudgement allotted him hee becommeth not subject to him that is offended otherwise every private man might chastise him that doth offend him but he becommeth subject to the Iudge of the place where the offence is committed Wherefore these reasons prove nothing but that the offence done by the Infidels to the Church ought to bee punished by the ordinary Secular Court of judgement and so much the rather ought this to be observed because both Divine and Humane Lawes doe order it so when such sorts of offences deserve greater punishments as indeed such offences for the most part are so grievous that they will deserve greater punishment than the Inquisition would inflict upon them In the yeare 1581. Pope Gregory the thirteenth framed a Bull against Jewes in which he did subject both them and all other Infidels to the Inquisition in tenne cases so fully set downe that if it should be observed no Infidell might inhabite nor trade within Christian Dominion This Bull although it were imprinted yet was it published or received but in very few places and it were impossible to observe it Yea Pope Sixto the fifth and Clement the eight not regarding it did give Infidels safe conducts to come to the City of Ancona And that which is most
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
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
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
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
manners By St. Pauls Doctrine publicke quiet and honour are given into the custody of Secular power the Inquisition ought not to put her sickle into another mans harvest This conclusion needs no subtilnesse to make it bee understood of it selfe it is plaine and easie To the same man belongeth to judge and punish deeds words and writings of the same matter none can make question but that the offending of ones reputation favouring of Tiranny and dishonesty either with deeds or with words are offences subject to the Secular Iudgement Therefore those which are committed in writing also shall belong to the same By what reason can he pretend to censure the bookes of any of the foresaid causes who confesseth of himselfe to have no power to censure the words and the deeds Since that by the Princes Ministers such a disorder is put in practise vid. that under pretence of favroring honesty and Iustice and preserving a good name temporall authority comes to bee usurped peradventure because it is a very new thing that the Ecclesiasticall power should prohibite bookes for any other cause besides that of Religion since no Pope ever attempted it before the yeare 1550. therefore as a fresh thing it hath not yet beene well examined or because that some who give attendance upon publicke affaires thinke it not ill to discharge themselves of this burthen of looking over bookes and leave it to them as desire it But as every Government requires watchfulnesse and carefulnesse and he that discharges himselfe of these dispoileth himselfe also of his authority and doth not perceive it till it be lost and cannot be recovered againe so the most renowned Common-wealth which hath ordered that her Officers should over-see every booke which is Printed to prevent any inconvenient Doctrine from comming to light hath knowne very well that this care belongeth to the Prince and thence is necessarily inferred that his Deputies ought also to see whether that there be any inconveniences in bookes already printed which may hinder the reprinting of them To the same Person belongeth the preventing of evill to whom the reforming of an evill already sprung belongeth If the Prince may Lawfully by the authority he hath from God forbid the printing of a booke because it containes blasphemy against the God-head favoureth Tiranny offends publicke honesty teacheth evill manners or takes away another mans authority and reputation Hee may also Lawfully and by the same authority prohibit them that are already printed and doe containe the like inconveniences The Index of the bookes made in the yeare 1595. is already received with publicke authority by agreement therefore the bookes contained in it are to be prohibited without exception But if hereafter it be propounded by Ecclesiasticall Persons to have bookes prohibite for any of the aforesaid reasons it must not be granted that they should doe it but notice may be taken and the booke prohibited by Temporall authority onely leaving it to the Ecclesiasticall power onely when the booke is prohibited for cause of Religion There remaines the third prejudice which is new but of greater annoyance than the other two because that to bee deprived of ones authority and to lose good bookes are indeede very great evils but tollerable in respect of this to be constrained to endure within their owne Dominions a booke knowne to bee hurtfull The Court of Rome though it hath assumed to itselfe to prohibite bookes also for causes which concerned not Religion and did not belong to Ecclesiasticall power yet before these last yeares they have not dared to goe so farre as to say that the Prince may not also forbid those bookes which he seeth doe breede scandall evill example sedition or other perturbance within his Dominion Cardinal Baronius would be the first that should free this passe and speake it boldly who being conveniently opposed by that Prince who was particularly touched none ever since hath dared to this houre to maintaine the Cardinall his enterprize But because hereafter some may attempt the like with greater Art or upon an opportunity when mens eyes shall not be so open the businesse being of such moment requireth to have the successe of that businesse briefly set downe for a generall example and document adding thereunto the true Doctrine with her Grounds answering the objected cavillations That Cardinall in the beginning of the yeare 1605. printed his eleventh Tome of the Ecclesiasticall Annals wherein hee inserted a very long discourse against the Monarchie of Sicily Of which discourse what concerneth the Truth of the relation is not fitting now to be spoken of but to be left to his proper place This onely belongeth to the present purpose that the discourse is full of slanders and eagernesse against many Kings of Arragon of famous memory and especially against King Ferdinand the Catholicke and the progenitors on the Fathers side of him who now Reigneth The booke comming to Naples and to Milan was by the Kings Officers there prohibited that it should not be sold nor had there for the respects of their Prince which were too apparent to every vulgar person The Cardinall having notice of it assembled the Colledge of Cardinals in the vacancy of the Sea of Clement the eight and made an invictive against those Officers that in prohibiting of that booke had laid hands on Ecclesiasticall authority And afterwards when Paul the fifth was made Pope he writ unto the King of Spaine a long Letter dated the 13. of June in the same yeare with this conclufion amongst the rest That to the Pope onely belongeth the approving of bookes of all kinds much more Ecclesiasticall ones complaining greatly that in contempt of Ecclesiasticall authority the Kings Officers in Italy had prohibited his booke The wisedome of that King thought it best to answer with deeds and let the prohibition runne on which was published by his Officers The Cardinall could not containe himselfe but that printing his 12. Tome in the yeare 1607. he must insert to small purpose a discourse of the same matter saying formally that it was an impious and abhominable thing that in these our most unfortunate dayes the Kings Officers should dare to censure bookes approved by the Pope not suffering them to bee sold by the Booke-sellers but with their Licence which they would grant but when they pleased yea and would absolutely forbid the sale of them that they doe it because the bookes rebuke their unjust acts and that it was to take out of St. Peters hands and putting into the Princes one of the Keyes given him by Christ vid. that of knowledge to discerne good customes from bad The Counsell of Spaine proceeded still with their wonted staidnesse and resolution nor did not move for the third time but let three yeares more run on And in the yeare 1610. the King made an Edict whereby hee condemned and forbad the booke in so grave a manner that hee aptly touched Cardinall Baronius as well as he had touched the Kings his Progenitors