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A11509 An apology, or, apologiticall answere, made by Father Paule a Venetian, of the order of Serui, vnto the exceptions and obiections of Cardinall Bellarmine, against certaine treatises and resolutions of Iohn Gerson, concerning the force and validitie of excommunication. First published in Italian, and now translated into English. Seene and allowed by publicke authoritie; Apologia per le oppositioni fatte dall' illustrissimo & reverendissimo signor cardinale Bellarminio alli trattati, et risolutioni di Gio. Gersone. English Sarpi, Paolo, 1552-1623. 1607 (1607) STC 21757; ESTC S116732 122,825 141

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Emperour he saith vnde per eundem tremendum iudicem deprecor ne illae tantae lachrimae tantae orationes tanta ieiunia tantaeque elemosnae domini mei ex qualibet occasione apud omnipotentis dei oculos fuscētur Sed aut temperando pietas vestra aut mutando rigorem eiusdem legis inflectat This humble and decent remonstrance worthy indeed of a Pope or supreame Bishop deserues not to be tearmed by the Author a sharpe reprehension But those other words that follow are yet more worthy to bee considered Ego quidem iussioni subiectus eandem legem per diuersas partes terrarum transmitto quia lex ipsa omnipotenti deo minime concordat ecce per suggestionis meae paginam dominis nunciaui Vtrobique ergo quae debui exolui qui imperatori obedientiam praebui pro deo quod sensi minime tacui I would not haue produced these words of Pope Gregorie if I had not beene forced vnto it by the Author to let him see that it was not a sharpe reprehension but rather an humble and respectiue remonstrance which Saint Gregorie vsed to the Emperor But seeing hee hath drawne mee thus farre I must intreat him to answere mee whether Saint Gregories calling him selfe so often the Emperours vnworthy seruant and his saying that as one that acknowledged himselfe subiect to his commandement hee had sent abroade into diuerse partes of the world a lawe which in his conscience hee held not to bee iust and that other saying of his that in so doing hee rendered vnto the Emperour that obedience that was due vnto him whether I say these speeches doe agree with the doctrine which the author now publisheth wherein he makes the Pope supreame temporall Monarch and the Princes of the world lesse then his vassals as I will shew him before we part out of this argument that his words do necessarily infer although they dare not yet auow it in expresse termes But before we goe from this point it will not bee vnpertinent for mee to let the Author know in what Court of Chauncery or campo di sancto fiore it was that Saint Gregory caused this his sharpe reprehension or admonition to bee published and set vp to bee read In this 64. Epistle hee writes to one Theodorus Physition to Mauritius that hee had made a remonstrance vnto the Emperour for so I will bee bold to interpret suggestionem yet with the Authors leaue least hee taxe mee as hee doth the Translator but that hee was not willing that his Agent should present it vnto him publiklie but prayed that Theodorus rather to deliuer it vnto him priuatelie at some conuenient time when it might not diuert him from greater businesse I must also craue pardon if whiles wee talke of the maior proposition by occasion of Saint Gregories words I shall incidentally touch a point belonging to the minor To shew the iniquitie of that law of Mauritius that holy man prayeth him to inquire and search whether any Prince before him had made any law of that nature So I would haue wished that our holy father the Pope had in like sort required the Venetians to consider whether any king of Portugall Castile Arragon Poland France Sicilie or any counte of Burgandy or the state of Genoa had euer made any lawes like vnto theirs For so he should haue truely imitated Saint Gregory And surely I cannot but admire the authors great wisedome in that he forbeares to quote the place it selfe of Saint Gregory being so precise and subtile in his allegation of other places throughout this whole Treatise But let vs goe on to the second argument drawen from the Chapter nouit of Innocent 3. After long warres betweene Philip Augustus King of France and Richard King of England about the yeare 1199. Richard died and his brother Iohn surnamed Lackeland succeeded him in that Kingdom either by the nomination appointment of his brother as some affirme or by vsurpation vpon Arthur who was son to another Elder brother of his But those territories which the Kings of England possessed in France submitted themselues to the Dominion of Arthur Whereupon there ensued great warres betweene Philip and Iohn because Arthur followed the faction of the French King and was supported by him But at length in the yeare 1200 by meanes of a marriage betweene Lewis son heire successor of the French king Blanche of Castille king Iohns sisters daughter of which mariage issued afterward S. Lewis a peace was concluded betweene Philip and Iohn wherein Arthur was likewise comprised vpon this cōdition that Iohn should do homage to Philip for the Dominions of Brittany Normandy and Arthur should do homage to Iohn for the same After this vpon some occasion that fell out Arthur was put in prison by his vncle the King of England and there died in the yeere 1203. And the common opinion was that hee was murthered by his Vncles commaundement Whereupon Philip Augustus as chiefe Lord of the Fee caused Iohn to be cited to Paris and vpon default of his appearance condemned him and confiscated those territories which he held of him and went afterwards with an armie to seise them into his hands by force Iohn pretended that this was directly against the peace and treaties betweene them and made his complaint vnto Pope Innocent the third who commaunded both the Kings vpon paine of excommunication to keepe peace and to surcease from warre and sent also a Legate vnto them for that purpose Iohn for whose aduantage this commaundement was did gladly imbrace it But Philip found himselfe much grieued and tooke great exceptions against it and so did the Prelates of France in this behalfe vnto whom Innnocent the third made that answere contained in the Chapter nouit Philip for all that desisted not from his former purpose but went on and conquered by the sword all the territories that the English men at that time possessed in France neither could the Pope preuaile any thing by his commaundement In the yeare 1208. Pope Innocent 3. excommunicated the aforesaid Iohn and interdicted his whole kingdome which interdict continued six years and three moneths Yet did not Iohn yeeld to obey the Pope in that he required of him Therefore the Pope sent Pandolphus his Legat into France to Philip to perswade him to make warre vpon Iohn Philip made his preparations accordingly and many Barons of England combined themselues with him But in the meane time Pandolphus comming into England and letting Iohn see the daunger wherein he stood aduised him to become the Popes Feodatary Iohn inforced by the present perill accepted the aduise and made his kingdome tributary to the Pope to pay him yearely 1000 markes of gold Pandolphus hereupon returned into France and commaunded Philip vpon paine of excommunication that he should molest Iohn no longer as being now become the Feodatary of the Church But Philip refused to obey and the warre continued Whereupon in the yeare 1215. in the
Counsell of Lateran Pope Innocent Sent out an Excommunication against all those that molested Iohn King of England for th●● cause and for that cause in the yeere 1216. another Legate called Guallo went to Paris who by vertue of that sentence of Excommunication commaunded Philip Lewis his sonne to forbeare to passe with an Armie into England which they were then prepared to doe But all this notwithstanding Lewis desisted not but entered Iohns kingdome with a great power Although the same Guallo were gone ouer into England and there ceased not daily to thunder out his Excommunications This warre continued vntill the death of Iohn after which Lewis of France who had gotten many places of that kingdome into his hands made truce for fiue yeeres with Henrie the sonne of Iohn who succeeded his father Now to applie this storie to our purpose The Lawyers hold that to shew that you haue commaunded is not sufficient to prooue a Iurisdiction vnlesse the commaundement haue beene obeyed I will leaue it therefore to the authors exquisite iudgement to make the conclusion that followes of this seeing that so many commandements and so many Censures of the Pope were not able to withhold or hinder these two Kings Philip and Lewis from prosecuting these pretensions which they tooke to be iust although the Pope iudged them vniust I will say thus much more That Cardinall Hostiensis who liued shortly after writing vpon this Chapter nouit takes much paines to defend it and proposeth many coniectures of his owne how and with what limitations the matter must be carried to make that rule or precept of the Popes deliuered in that chapter to appeare iust But it sufficeth that in France it was not so esteemed nor obeyed Therefore from the authoritie of that chapter nouit there can be no such thing concluded as our author would inferre The proposition of Pope Innocent 3. alledged by the author Intendimus decernere de peccato cuius ad nos pertinet sine dubitatione censura and the other which followeth nullus qui sit sanae mentis ignoart quin ad officium nostrum spectet de quocunque peccato mortali corripere quemlibet christianum were not meant by him in that generalitie wherein some doe vouch them First because there must be excepted according to the doctrine of saint Thomas all internall motions of the minde whereof the Pope hath no power at all to iudge vnlesse it be in foro paenitentiae And of this sort are the greatest number of sinnes And all diuines and Canonists do agree that in the excommunications graunted against hereticks those are not comprised which erre onely mentally And that any Canon that should be made to comprehend them were of no validity So as here will be a generall proposition framed That the Pope may iudge of all sins which when we come to defend we must be forced to except the greater part of particular sins Besides a prince may sin by breaking his owne lawes without iust cause as saint Thomas proues 1.2 quaest 96. art 5. And yet of this sinn a he cnnot be iudged of any but god alone Caietan in that place declareth shewing that in foro poenitentiae and in the sight of God is all one in sense Certainly to affirme that a prince doing against his owne lawes should be therein subiect to the censures of the Pope were wholy to take away the power and authority of princes And one the other side to affirme that he should be subiect to them in other crimes and not in that were to ouerhrow the very ground of the reason presupposed in that chapter nouit Namely that it belongs to the Pope to take care of the soules and saluation of men and to remoue all things that be aduerse or repugnant thereunto But a Prince may incurre damnation by the sinnes he committes against his owne lawes therefore as well of these sinnes as other it belonges to the Pope to iudge which as I sayd before is directly contrary to the doctrine of Saint Thomas Moreouer it is necessarie well to obserue the very words of Innocent where he saith that the censure of euery mortall sinne belongs vnto him quam censuram in quēlibet exercere possumus debemus And a little after ad officium nostrum spectat de quocunque peccato mortali corripere quēlibet christianum Now if he be bound by the duty of his place to denounce censures against euery mortall sinne against euery christian so offending surely if he do it not he sinnes himselfe But we do not see that the Pope sends out any censures against the courtisans and profest harlots who yet persist and abide notoriously in their sinnes Therefore eyther he must needes sinne grieuously or it will behooue him to do nothing else but thunder out censures so as those words de omni peccato mortali are not to be vnderstood generally of sinnes seeing we haue already shewed so many instances of particulars to be excepted And therefore Gabriell Biell vpon the Can. Lec 75. Laboureth much to giue some tollerable interpretation to this place but can find none but this that this decretall and all other of the same tenor must be vnderstode in foro poenitentiae only I wil not trouble my selfe to proue that the words of the decretall are to be vnderstood as Gabriell interprets them I will only say this that whosoeuer wil affirme that they are to be vnderstood in foro exteriori shall haue much to doe to auoyd the absurdities and the vtter ouerthrow of the seculer power ordeyned of god and the confution of the world which will arise out of this doctrine besides the state of damnation whereinto he plungeth all Popes by the same In which point some canonists and Nauarro among the rest haue taken much paines but with no good successe neyther need we trauell much to reconcile and fit the words of this Pope to the true doctrine which distinguisheth the seculer power from the spirituall authoritie especially seeing the same decretall conteyneth some other things which had need to be well expounded as namely this that K. Philip Augustus was of the ofspring e genere as he saith of Charles the great which is not true vnlesse he suppose and imagine some mariage and so deriue the descent by the way of some woman a thinge neuer vsed in France A certaine french Historiographer deriues the howses of Charlemaigne and Capet from Merone by linial descent of seuerall women But to shew that the house of Capet comes of Charlemaigne wil be very hard without deuising some thing without the compase of al stories It is time to get out of this chapter nouit which the author in reason should haue bin careful rather to haue expounded then to inlarge it and extend it as he hath done for cōtrary to the meaning of Innocēt who saith that to him did belong the correction of euery christian our author hath interpreted these words quemlibet christianum