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A09170 A declaration of the variance betweene the Pope, and the segniory of Venice with the proceedings and present state thereof. VVhereunto is annexed a defence of the Venetians, written by an Italian doctor of Diuinitie, against the censure of Paulus Quintus, proouing the nullitie thereof by Holy Scriptures, canons, and catholique Doctors. Manfredi, Fulgenzio, attributed name. 1606 (1606) STC 19482; ESTC S114206 32,389 92

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trueth concerning Englands continued claime of her owne Imperiall rights and her manie prouisions decrees and consultations tending to the renunciation or abdication of any the Popes Interest or intermedlings in England In the 14. yeere of K. H. 1. the Popes Authoritie was so little esteemed in England as that it was come to that passe that no persons were permitted to appeale to Rome in cases of Controuersie Their Synods and Councels about Ecclesiasticall affaires were kept without seeking any his licence or consent And they would not obey such Legates as hee sent nor come to the Conuocations which they held In the 31. yeere of K. H 3. The Pope vnderstanding that diuers rich beneficed men in England died Intestate he ordeined a Decree That the goods of any Spirituall persons dying Intestate should remaine to the Pope which Decree purporting the Popes oppressiō in preiudice of this Realme and the suruiuing friends of the deceased the King in no sort would suffer to take place And the same King by his Letter Inhibitorie did flatly forbid a talage of the Cleargie which the Pope about that time had required In the 30. of E. 1. the Popes Peter-pence being not his due but rather the King of Englands Almes were denied to the Pope In the 17. yeere of K Edw. 3. the Commons pray the Kings assent to banish the Popes power quite out of England And in the same yeere vpon the Popes intruding of himselfe to make a peace betweene the King and France King Ed. sent him word That if hee would mediate betweene them as a friend hee would heare him but in no sort if he intermeddle as a Iudge In the 50. of E. 3. the Commons complaine that all the miseries of the Kingdom come by the Popes vsurpation beseeching the King this being the 50. and the Iubile yeere of his Reigne that hee would ioyne with them to cast him out for that he doth not pasture but pill Gods sheepe In the times of E. 3. R. 2. H 4. and H. 5. sundry Statutes were made against then that out of the Court of Rome obtaine or pursue any personall Citations against the King or any of his Subiects or that procure from thence any impetrations and prouisions of Benefices and offices of holy Church And for that as I before declared the Pope on the other side opposed to these Statutes his Interdicts and sentences of Excommunication against the obseruers of the same In the 13. yeere of R. 2. the said Excommunications also are so farre disauowed as that for the maintenance of the Liberties of the Kingdome and the dignity of the State it was ordained That if any did bring or send within this Realme any summons sentence or excommunication against any person for the cause of making motion assent or execution of the said Statute of Prouisors he shall be arrested imprisoned and forfeit all his Lands and Tenements goods and cattels for euer and moreouer incurre the paine of life and member And a Prelate making execution of such summons or sentence to forfeit into the Kings hands all his Temporalties Neuerthelesse for a long space after whether by reason of our continuall ciuill broyles in England which scant affourded any leisure of thinking much lesse of prosecuting vpon this cause or for that the superstitious ignorance of those times did entangle or rather captiuate the consciences of our people this point of the rights appertaining and incident vnto the Royall power Maiesty of this Imperiall Crowne and of the Popes vnlawfull oppressions and vsurpations within this Land lay asleepe was silenced and suffered open wrong vntill the latter dayes of K. H. 8. who instructing himselfe by the conferences and disputations of his learnedest Diuines and by the aduise and assent of the whole State assembled in Parliament fully and finally decided this question with the absolute exclusion and extermination for euer out of this Realme and the Dominions thereof of any the Popes Authoritie and Iurisdiction Thus hath God his prefixed periods for the producing at the last of that trueth which hee oft suffereth his Church to be long in trauaile of Then why should not we likewise reteine some comfortable conceits of Gods accomplishing and bringing to an happy effect of that worke in the Venetian State though sensim gradatim whereof hee hath of his prouidence and goodnesse and by occasions which for the iustice thereof may expect his blessings begun and layd so likely groundworkes ANd now my good friend for a closing conclusion to this my ouerlong letter as remembring wherefore I ted this tale Lend me a little more of your gentle patience whilest I draw out of the fresh remembrance of this Relation some satisfactory vse for the iustification of the Nationall Lawes of England and the Iustice of our Magistracie from the scandalous imputation of crueltie in our prosecutions against our professed Aduersaries transgressing our Politicall and poenall Ordinances Which I will comprise in a comparison betweene our English proceedings with these of the Venetians not intending at this time to sort out for them any other example or presedent then what I here haue already with my best iudgment wel obserued knowing that if I should post through France Spaine Italy and all Germany to collect proofes demonstrations to that purpose it would be as to me a labour supererogatory so to them whom nothing will satisfie like a charme to a deafe Adder It cannot be obscure to the whole world That our Royall kingdome hath for many yeeres together quite expelled the Pope with his Supremacie and superstition where the Venetians for any thing yet of publique note haue not fallen from him in any point of Religion no not disauowed his gouernance or Supremacie in causes Ecclesiasticall but onely excepted against his intrusion into the right of their owne Iurisdiction in causes on their part iustifiable by all humane and Diuine rules Yet haue they resolued vpon and pursued courses no whit inferiour in rigour and extremitie to the sharpest Lawes made with vs in so long a time and after so manifold and violent occasions Yea though the matter concerned vs in the deepest degree euen of vter esset vter imperaret both our regall and Imperiall rights lying at the stake in conflict with the Papall vsurpations and our Religion Peace Iustice and tranquillitie being continually infested by the positions oppositions practises and iniuries of the Romish faction You see the Commands and prohibitings of the Venetians to be all accompanied with the terrors of death which is vltimum in malis I doe not taxe or dislike this their seeming austeritie But I inferre that as necessitie coacteth them to be seuere so that our Lawes being enforced from vs by the like coaction haue also the like defence of naturall reason and primatiue Iustice in the righteous directions whereof they and wee doe agreeingly concurre What doe you thinke they would doe if they had once made a generall reuolt or
his Excommunication against this whole State though in the same he made a reseruation of seuen and twenty dayes for repentance The Venetians after notice taken of this extremitie finding so small likelihood of reducing the raging passions of the Pope to such a pacification as might stand with their contentment and reputation began to take vnto them such confidence comfort as both the goodnesse of their cause which was nothing else but the execution of Iustice and the honour of their State which hath not vsed to stoupe with base obsequiousnesse could worthily inspire them with Wherein that you may knowe how their spirits did presently sparkle and were set on fire by the tidings of these fulminations they forthwith published in the chiefe places of the City by sound of Trumpet a Proclamation to this effect That whosoeuer hath receiued from Rome any Copy of a Papall Interdict published there aswell against the Law of God as against the honour of this Common-wealth shall presently render it vnto the Councell of Tenne vpon paine of death Wherein I pray you let me make bold to obserue vnto you by way of a Parenthesis which I haue hitherto spared to interpose for feare of interrupting the contexture of the Storie that this so graue iudicious and most aduised Senate desteineth and defaceth the Pope euen for his spirituall vsurpations by laying vpon him the publike note of hauing erred against the word of God it selfe and that in a Consistoriall and Cathedrall conclusion as the Schoolemen terme it and that they sticke not to reward with death the publishers of the Popes Bull of Interdiction Wherein for that to my vnderstanding they doe speake verbatim our English Lawes holding consent with vs by the very directions of Reason I would haue our English Catholiques for by a Popefashion they will needes vsurpe that name to know that the King of Great BRITAINE and that Nation hath better cause to denounce and execute death against Offendors in that kinde then the Venetians formerly and at all times obliged to the Lawes and gouernment of that Church of Papall superstition But I must go on with their other passages and proceedings which to bee a true witnesse vnto them were all in euery circumstance very sutable and approoueable In the beginning of May after mature deliberation constant resolution to vphold the Rights of their Magistracie together with their right proceedings vnculpable and not subiect to any iust exception they concluded in Senate vpon the composing and publishing of a Protestation in answere of the Popes cursing or cursed Bul Which being conceiued and expressed both for forme and matter so exquisite as that any my interpreting amplifying or abreuiating thereof might diminish or deface the perfection which in it is natiue I do send herewith vnto you truely copied for your more diligent perusall LEONARDO DONATO BY THE GRACE of God Duke of Venice c. To the most Reuerend Patriarkes Archbishops Bishops of all our Dominions of VENICE And to all Vicars Abbots Priors Rectors of Parish Churches and other Prelates Ecclesiasticall Health IT hath come to our knowledge that the 17. of Aprill last past by order of the most holy Father Pope Paul the fift was published and affixed in Rome a certaine Bull thundred out against vs our Senate and Dominion directed to you of such Tenor and Contents as therein appeareth Whereupon finding our selues bound to preserue in peace and Tranquillitie the State which God hath giuen vs to gouerne and to maintaine the Authoritie of a Prince that in temporall affaires acknowledgeth no Superiour vnder the Diuine Maiestie We by these our publique letters protest before God and to all the world that we haue not failed to vse all possible meanes to make his Hol. capable of our most strong and insoluble Reasons First by our Ambassadour Lieger with his Hol Then by our letters responsiue to Briefes written by him and finally by a speciall Ambassador sent for this very purpose But finding his Hol. eares shut vnto vs and seeing the foresaid Bull to haue bene published against the forme of all reason and contrary to that which the diuine Scriptures the doctrine of holy Fathers and the sacred Canons do teach vs in preiudice of the secular Authoritie giuen vs from God and of the libertie of our State with disturbance of the quiet possession which by Gods grace our faithfull Subiects vnder our gouernement hold of their goods honors and liues with vniuersal and grieuous scandall of all Wee doubt not a whit to hold the foresaid Bull not only for vniust and vnlawfull but also for annulled and of no value and so without force frustrated and vnlawfully thundred De facto nullo Iuris ordine seruato Wherefore we haue reputed it conuenient to vse against the same such remedies as our Ancestours and other Souereigne Princes haue vsed with Popes that haue extended the power giuen them by God for edification beyond their limitts Especially being perswaded that by your and other our Loyall Subiects and by the whole world it shall bee so held and reputed Assuring our selues that as you haue hitherto attended to the Cure of soules of our faithfull Subiects and to the Diuine Seruice which through your diligence flourisheth in this our State no lesse then in any other so you will hereafter continue in the selfe same pastorall care It being our most stedfast Resolution to continue in the holy Catholique and Apostolique faith and in the obseruance of the Holy Romane Church euen as our Predecessours from the beginning of the foundation of this Citie till this present by the grace of God haue done And wee will that these our Letters for the vnderstanding of all men be affixed in the publique places of this our Citie and so of all other Subiect to our Dominion Assuring our selues that so manifest a publication will come to the eares of all such as haue had knowledge of the foresayd Bull and also to the notice of his Hol. whom we beseech our Lord GOD to inspire that hee may vnderstand the Nullitie of his Bull and of other his Attempts against vs and that hee taking knowledge of the Iustice of our cause we may be encouraged to obserue our Reuerence to the Holy Sea Apostolike of the which we and our forefathers together with this Common-wealth haue beene and will be euer most deuoted Giuen at our Ducall Palace the sixth of May in the fourth Indiction 1606. Giacomo Girardo Secretarie THis is to be noted that before the publication of this Protesta they called the Popes Nuntio to the Colledge and gaue him knowledge thereof where it being pronounced before him by a Secretary of State Exscripto as is vsuall he craued a second view thereof in the next roome which being granted him after he had changed countenance at some things much displeasing him he tooke his Priests cap and striking himselfe therewith vpon the right thigh brake foorth into these words Io so che si ô