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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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Papa Paulo 5. che ti vogliono vbidire But for a matter of better note and more memorable I commend this vnto you That in the Protesta as in all other Actes of the State since the said 17. day of April there hath bene seene such vnitie not onely of Iudgement but euen in passion among them that one onely ball did faile in the whole Senate which yet was not in the negatiue boxe but in a boxe of a newtrall nature suspending the assent of the party After the solemne publication of this Protesta the Embassadours departed on both sides The Nuntio first and with leaue demanded and granted ciuilly and easily but the ' Venetian Resident at Rome was thence sent away with violence For the Pope by a Bishop commaunded him to bee gone vnlesse hee would remaine there in priuate qualitie The Caualiere Dodo was before returned by order from the State Their owne moderate proceeding with the Nuntio matched in comparison with the harsh splenetike discharge of their Embassadour maketh that sending away of him to be almost as ill taken by all degrees of people in Venice as the very Excommunication it selfe The State here is so setled and animated as that on all sides yong and old rich and poore Gentlemen and Artificers are hitherto fully resolute to mainteine against the Pope their owne actions They consider not onely of their present detriment in making any disaduantagious or dishonourable end but also of the future consequencies if they should giue head and addition of strength to the Ecclesiasticall authoritie which already seemeth ouerswolne and too bigge to all the wiser Princes and States of Italy And besides they do readily discerne that in this controuersie the Pope will sustaine more losse and shame then they As was very grauely set foorth in a pretty tale very pertinently told by a discreet Gentleman in a deliberation concerning this businesse Who told them That by the Popes menaces hee was put in minde of a nephew which he had who was wont to draw from his brother being a tender father all his satisfactions by threatning that otherwise he would turne Frier or seeke his fortune in some strange Countreys or the like Till one day lighting on his father in a wrong humour and swearing That vnlesse hee might bee presently furnished with a good summe of money whereof hee pretended want he would precipitate himselfe downe the staires His father put it to the triall what he would doe but the youth seeing it was now come to the question of his owne safety went downe the staires very quietly So said he will the Pope doe notwithstanding this heat of words and present distemperature when hee shall come to consider somewhat cooly that in proceeding against vs Ginochera il suo non il nostro This opinion of his was much applauded as very probable if the diuulging had not caried the matter too farre and past returning to second cogitations The very vulgar sort doeth discoursingly lay foorth and discipher the Popes inconsideratenesse in this so hard a course of his iniustice They commemorate the many binding benefits of their State collated on the See of Rome And particularly for instance and demonstrance how much that Church is to them obliged if there were no other testimony They do in one notable matter of the triumph which Pope Alexander the third had in this Citie ouer the Emperour Fredericke Barbarossa both remember the greatnesse of their owne merite and exprobrate the vnexcusable ingratitude of that See In this very place That Emperor who had chased the Pope out of Rome and scant left vnto his Holinesse any one hole for the Foxe to hide his head in was himselfe brought or rather wrought to so base a degree of humiliation as that he was first stouped to the kissing of the Popes toe and after his head and necke was trode vpon by those vnholy presuming feet whilest in a scorning and insulting glory his Holinesse made bold of this Text Super aspides basiliscos ambulabis conculcabis Leones Dracones I trust that that sinne of the assistance and adherencie of this Segniory in that shamefull trampling vpon Imperiall Maiestie hath bene pardoned and remaineth not in any debet vnto this day They spare not also to make particular reckoning of the great wealth and vast summes which by the colour of his Ecclesiasticall headship is fetched from them to the Popes Coffers But especially they speake of their continuance from the beginning of the foundation of their Citie in the obseruance of the Rites and Religion of the Romane Church By all which and much more as euery mans fancie or disposition serueth him they doe amplifie the ingratitude iniuries and indiscretion of their holy Father This matter hath stirred vp the industrie and sharpnesse of many that were idle before The Politiques how to contriue capitulate excuse delay preuent or circumuent The Canonists how to finde distinctions for the Conflict when it commeth to Disputation The Oratours how to declaime copiously and the Historians to report credibly these extreme wrongs The Poets how they may out of their ful pennes raine foorth showres of wit in this matter The Diuines how to bee conuerted to a new Religion which point was subdiuided into one of these two resolutions either to force their Priests to say Masse after Excommunication as if either the Pope were Nullus or his Sentence a Nullitie or otherwise to passe to the Greeke faith like vnto displaced or discharged seruants or souldiers that vpon their cassiering must seeke a new Master or Captaine There is a generall liberty giuen for divulging of Discourses and Translations amongst which is put in print the iudgement of Gerson the Chancellour of Paris vpon the inualiditie of the Popes Excommunications and some such like considerations of Saint Bernard to that purpose For the more free publishing of which and the like Treatises the Inquisition hath been suspended by particular Warrant of the State And when once the fludgates were thus set open to all such writers as heretofore were pent and restrained to deliuer freely to the world either defensiue matter in iustification of this cause or offensiue taxings to blemish and blame the Pope for his temeritie It is strange to see what sundry sorts of gybing and biting Pasquils were let fly abroad in derision of his Holinesse But amongst the workes Apologeticall sagely and iudiciously written Frier Paulo hath in a set Treatise composed by him not onely defended the Venetians from this Excommunication and demands but also in many points lessened the Authoritie of the Pope by sound allegations by the proofe of priuileges appertaining of right and in dignity vnto the State whom it is said that this Commonwealth hath rewarded for his labour with a good pension yeerely during life And I haue likewise met with another intelligence That there is on the other side made out a secret processe against him by the Church for his infidelitie
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
Religious persons who whether their error breeds of ignorance or of some sinister affect haue made choise rather to depart from the Citie then to goe forward to celebrate and Minister the Sacraments as they were ordained to doe by the Prince both for the good of the Common-wealth and the Religion Nam ipsi sibi fuerunt lex and would not follow the example of the Cathedrall Church and of all other holy and auncient orders of Religious nor of all the parishes vnto whom I will say with Christ Quòd expediret vt suspenderentur molae asinariae in colla eorum vt non scandalizarent pusillos meos Besides to defende the libertie of the naturall Prince who maintaines and conserues amongst the people peace libertie and Religion is a thing de iure Naturae that is as much to say as Iure diuino whereas sentences Ecclesiasticall are de iure positiuo which must yeeld vnto the other especially when there is question of the Nullitie of them whereupon some doe deceiue themselues which thinke that this controuersie is about matter of faith sith it is onely about maners So that Sir you may go forward to celebrate and communicate and to doe whatsoeuer you did in your Church before the publicatiō of the Censures not only because you write to me to be resolued to do it but also to auoyd the scandale both because a sentence of no force is not to be obserued cùm constat de nullitate and also that you doe not separate your selfe from your head which is the Prince in controuersies of Iurisdiction which haue no ground of Reason Nay I am of opinion that he which shall not heare Masse at least vpon the holy-day shall commit sin their Sentence being of no force and it being celebrated in all places Nolite agnoscere timorem vbi timor non est nolite trepidare c. Let it not be said of you which haue beene alwayes faithfull to your Prince and to the Commonwealth that Filij matris meae pugnauerunt contra me but obey the Apostles precept Omnis anima potestatibus sublimioribus subdita sit non solùm propter iram sed propter conscientiam This I say not because I doubt of your constancie perswaded as I am of your selfe and all others of that City that you are most ready to spend your liues for your Prince but because the iustice of the cause which is manifest vnto you may be much more apparant by this my answere For a Conclusion let mee aduertise you that although the Segniorie of Venice haue ordained vpon paine of life that all the Religious keepe open their Churches and proceed to doe their dueties as they did before yet haue they not done that for feare But because that Citie hauing bin alwaies Catholike and now more then euer professeth to conserue it selfe so it will not suffer that in the exercises of pietie there should bee any change or that the intermission thereof should be occasion of precipitaon vnto any which euill the Prince is bound by all meanes to remedy by the Law of God for the interest of the Church Many other authorities and reasons I could haue adduced in this discourse which would haue made for me But for the haste you haue made me make and for the desire I haue to vse breuitie I leaue them all reseruing my selfe to write of this matter at large in a booke Of the Supreame authoritie of a secular Prince which shortly I will set forth in the Latine tongue In the meane time let me put you in mind that you read the doctrine of that most sound Doctor Nauarr who in all that is said before is of our side as in particular Cap. Nouit de iudicijs Notab 3. and in his Manuel Cap. 27. de Censuris And to omit other particularities that you retyre your selfe to that most secure Port of that notable doctrine which teacheth that all Ecclesiasticall persons if they enioy any exemptions they enioy them not de Iure diuino sed ex priuilegio principum Which Priuiledges do retract diminish and enlarge as pleaseth them when new reasons present themselues vnto them to doe it to the profit of the Dominions subiect vnto them euen as Popes doe with the Priuiledges of Indulgences and other things depending vpon their Spirituall authority the which they sometimes annihilate sometimes diminish somtimes increase at their pleasure And because the doctrine which I haue produced is not mine but all drawen out of the bookes of deuote and Catholique Doctors I wil adde no more now for the confirmation thereof Our Lord IESVS giue you Consolation