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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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breach or contention for now are the Venetians further catched at and looked into for former offences against the Church to make thereby a broader irruption and scandall vpon them First they are charged with the retention of Decime due vnto the Church and for their ill affection toward their Cleargie in keeping them downe generally as much as may be Secondly they had passed an Act in the Councell of the Pregati whereby is directly forbidden the leauing of any land to Holy vses ordering further any such Legacie to be immediatly sold Thirdly the State hauing in penurious times taken money of certaine Churches and Hospitals at vse of fiue or sixe pro Cento refuseth nowe to restore the principall tending that it hath bene repayed in the very Interest These causes added vnto the first and malignantly vrged to his Holinesse were so distastful and so distempered his affections as that shortly after hauing this grudge lying heauy and vndigested about Ianuary in the time of Marino Grimani then Prince he commanded the Venetian Embassadour then resident at Rome from his presence forbidding him further accesse while the State which hee serued stood in termes of contumacie against the Church And then with conuenient speede the sting of this complaint still egging on his sharpnesse he directed vnto the Venetians a Monitoriall Breue as they call it summoning them to obedience and in defect thereof menacing Excommunication of the whole State This admonishing Briefe was by the Popes Nuntio not onely defended and iustified in publique but with his Oratory further recommended as ful of wise and louing moderation Sith by giuing vnto them both fatherly aduise and respit of repentance it was rather an Argument of indulgence in his Master then of any furious precipitation Hereupon Leonardo Donato now Prince at 72. yeres of his age was presently elected to goe in quality of extraordinary Embassadour to the Pope of whom being ready to depart the death of the former Prince made a stay not as if so vrgent a businesse of the State had giuen way to his priuate aduancement but because this accident did bring with it a necessary excuse of deferring their answere to the summons till they had made choice of another Prince all consultations ceasing in the time of the vacancie Howbeit this so solemne Embassage thus accidentally respited It being thought fit in the meane while to apprehend and imploy all reasonable meanes in Rome by the friends of this Rebublique to remooue the Popes indignation with conuenient lenities It prooued all of so little effect that it rather turned into further exasperation partly through the Popes naturall tenacitie in whatsoeuer hee hath once resolued which is a note of him in his Court and partly by the cunning of the first instigators who stil kept a watch ouer him in that businesse but principally by the fore-expressed causes themselues which in their owne nature and pondered according to the grounds of that religion doeth not admit any dispensation in such an occasion where no qualifying can bee vsed without notorious affront and preiudice to the Popes Authoritie Whereupon after it was discerned that these cooling mediations by interceding friends so slenderly preuailed The State of Venice and their new Prince Leonardo Donato who as a priuate man for many yeeres hath had great credit in that State elected for Embassage toward Rome the Caualiere Dodo whom they furnished and prouided with good reasons for the iustification of the State Namely That concerning all those foure points wherein they be so blotted with disobedience toward the Church of Rome they haue sufficient and iustifiable allegations out of common reason Nationall right and priuiledges Authenticall And specially for the first which seemed to pricke the very master veine by restraining and correcting the vncleane conuersation of their licentious brood of single fornicatours and was otherwise most incensiue as most derogatory to the Popish chalenged exemption and preheminence For which were deliuered two reasons First that some of the Popes predecessours haue granted a power vnto them to proceed according to the forme of their Secular Courts against the Cleargie of their owne Dominion In delictis atrocibus of which nature these must needs be accounted Secondly that they did not by any their iudiciall attaches or proceedings inhibite or impeach the Ecclesiasticall iurisdiction But seeing that their immediat and competent Iudges through fauors negligence or conniuence omitted their dueties in such criminall prosecutions that they were bound both for the conseruation of their State and by diuine Law not to leaue malefactours vnpunished This Dodo whom as a very choice man of great worth and wisdome they had as their manner is chosen by their balls to the composing of this businesse was also further instructed in some circumstantiall cariages As by faire speech of their professed zeale vnto the Church and his Holinesse to asswage his angry and ouer-vehement intentions And to finde out and pursue any likely meanes of sauing the Popes reputation vvhom they might perceiue to be the more stiffe and vntractable because he had proceeded so farre already as that he could not hansomly make stop or goe backe And lastly to passe ouer that impediment and obiection deuised by the Factors and followers of the Pope obtruding to the Venetians as a president what they should doe the State of Genua Who hath lately in diuers things satisfied his Holinesse that therein a difference might bee sought out and insisted vpon betweene the case of this Common wealth and that of Genua shewing it selfe to the Sea of Rome so subiect and obsequious which example the Venetians much stomacked and are very sensitiue of the comparison with that president The Caualiere Dodo being in readinesse to depart for Rome it was thought fit to sound first whether he should be receiued with all circumstance according to the dignitie of the State being afraid of a publique scorne and meaning to proceede in this businesse from point to point very curiously as pretermitting no precise regard And taking assurance either directly from Rome of good acceptation in plaine deliuered termes or comfortably presupposing the same by a construction which might easily take holde of mindes well inclined because the Pope had since the Monitoriall sent to them a congratulatorie Briefe vvhich perhaps vvas his complementing with the new Prince which they reckoned as some signe of his relenting They dispatched Dodo vvith opinion that their iust Arguments would bee allowed of He had as Associate in these affaires the then Embassadour resident that with the concurrence of both their aduises and labours the desired effect might bee the easier attained vnto Notwithstanding all the diligence and forwardnesse of both these Ministers the Pope like to a shrew the more earnestly that hee was instanced the more crossely hee gaue his answeres And in the end became so stately as he would endure no more debatings or entreatings but with a Papall sternnesse hee proceeded to the publishing of