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A11519 The history of the Inquisition: composed by the Reverend Father Paul Servita, who was also the compiler of the Councell of Trent. A pious, learned, and curious worke, necessary for councellors, casuists, and politicians. Translated out of the Italian copy by Robert Gentilis; Historia dell'origine, forma, leggi ed uso dell'ufficio dell'inquisizione nella città e dominio di Venetia. English Sarpi, Paolo, 1552-1623.; Gentilis, Robert. 1639 (1639) STC 21765; ESTC S116775 69,818 96

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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 Trivi●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 1●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
egging him on as farre as it shall be decent for them both The Exposition of the fifth Chapter THe fifth Chapter that the Governours and Assistants shall not sweare faithfulnesse nor secresie to the Inquisitor is highly to be considered of since that by such an oath they should cease from being representants of the Prince his person and become the Inquisitors Ministers It is cleare that whosoever sweares faithfulnesse or secresie especially without exception is bound to performe it to him that he hath sworne it not regarding any other mans interests so that the Representant could not oppose himselfe against any act of the Inquisition although it were contrary to the Princes respects nor give him notice of things happening in that office without breaking his Oath But the publicke representant even when things are treated of that doe belong to the Inquisition Office must not aime at any respects or commands but onely the Princes wherefore he cannot sweare faithfulnesse or secresie to others Where the Inquisitions Tribunal is meerely Ecclesiasticall Secular men doe come in as Councellors or sometimes Fiscals or Notaries or other Officers which doe sweare to the Inquisitor But that is because those Secular men which are so present are dependants and subject to the Ecclesiasticall Now in this state the Tribunal is mixt not for Secular Councellors or other Officers but onely for the Representants publicke assisters who depend not from the Ecclesiasticall but are superintendents in the Princes stead The Ecclesiasticals for these many hundred yeares have no other aime but to usurpe the temporall jurisdiction and have purchased a great deale of it with great disturbance of sundry governments and at this present they aime at it more than ever and in particular for the Inquisition in this State and Common-wealth they doe bend themselves with all their cunning to draw it to bee wholly Ecclesiasticall which they would at last bring to passe if they could bring in this Oath making thereby the Representant their Officer And this being once brought to passe the seruples of the one and the small understanding of the other the Offices which would be done by meanes of the Confessors would worke so that Romes and the Inquisitions ends would be preferred to the publicke ends or at least would raise such powerfull doubts in the minde that they would never let any thing be well done which voydeth also an answer that seemes might be given vid. That the Oath might be received reserving to the Prince his ends Answer which taketh not away the dangers For the aforesaid things would so trouble the mindes of men that they would never give way to the sound understanding of it But to colour their attempt the Inquisitors say two things One that Fredericke the second commanded all Consuls and Governours of Cities to sweare The other that the King of Spaine sweares But Fredericke did not command that they should sweare to the Inquisitors for as wee have shewed before the Office of the Inquisition was not then begun but that they should sweare in publicke to him to bee carefull in rooting out of Heresies which had taken roote The Consuls and Governors did not then goe into the Office of the Inquisition with Ecclesiasticall Persons but they alone with the Imperiall Authority did condemne Hereticks and swore to the Emperour to doe it faithfully and besides this forme lasted but a little while and Iohn Andrew a famous Canonist who flourished in the yeare 1300. witnesseth that in his time that Oath was already growne out of custome Philip the second King of Spaine brought in the custome of taking a publicke Oath not to the Inquisitors but to God that hee would never suffer Hereticks to live at freedome within his Dominions which is no Oath of faithfulnesse and secresie to the Office which depends on the King and is commanded by him but a promise to God and a taking away all hope from the Subjects of obtaining from him any liberty of Conscience In the same manner the ancient Dukes of the Venetian Common-wealth at their promotion did sweare to punish Hereticks but it was not an Oath to the Inquisitor but to God and the Common-wealth The equivocation consists in this that it is one thing to sweare absolutely and another to sweare to such a one and this is that which signifieth subjection to him that giveth the Oath The publicke representant can not sweare to any but to the Prince as hee cannot be subject to any one else For which reasons it shall alwayes be necessary to have a regard to this fifth Chapter not as a summary point but a point of great importance The Exposition of the sixth Chapter TO give the Prince notice of what happeneth daily in matters of Heresie as it is contained in the sixt Chapter is a thing of Divine Service and necessary to a good Government where the Inquisition is in the hands of Ecclesiasticall Persons onely they doe not suffer the Prince to know any thing that is done in that Office In this State where the Iudgement is mixed as their aime is that the Assistant since they cannot exclude him should become their Officer so they use their best endeavours to make him keepe secret what is treated off making it a charge of Conscience if any thing be revealed without the Inquisitors leave With this maxime that causes touching Faith must remaine with the Iudges of the Faith Amongst other perverse Opinions which this our unhappy Age is full of this is also preached that the care of Religion doth not belong to the Prince which Opinion is coloured with two pretences the one that since it is a spirituall and Divine thing it belongeth not to Temporall Authority the other because the Prince occupied in greater businesses cannot attend these affaires And certainely it is a thing to bee admired how the world is changed In other times holy Bishops did not preach nor recommend any thing more to Princes than the care of Religion they warned them of nothing nor modestly rebuke them for any thing more than for the carelesnesse in it and now nothing is more preached too or perswaded The Prince then that to him belongeth not the charge of Divine things though contrarywise the Holy Scripture bee full of places where Religion is recommended to the protection of Princes by the Divine Majesty which also promiseth peace and prosperity to those States where Piety is favoured and desolation and destruction threatned to those States where Divine things are held as alien Examples thereof doe abound but because this Treaty will not suffer a long rehearsall of them I will onely say that David being entred into a Kingdome out of order both internally and externally and being very busie both in Warres and in framing a politick Government neverthelesse did set his chiefe care on matters of religion Salomon entring into a quiet and exceeding well ordered Kingdome regarded also Religion more than any other part of Government The Princes most
applauded in former Ages as Constantine Theodosius Charlemaine St. Lewis c. The chiefest praise they had was to have made it their chiefe travaile to protect and rule the affaires of the Church It is a great deceite to set forth this part as a thing of lesse moment and to bee left out for to looke to other things Since the neglect of this to provoake the Divine Wrath daily experience in these dayes sheweth us that a State cannot stand untroubled where change of Religion commeth And these which counsell Princes to not meddle with Church businesses say neverthelesse upon other occasions that true Religion is the foundation of States It were a great absurdity holding this to be true as it is most true to leave the totall care of it to others under pretence that they are spirituall where Temporall Authority will not reach or that a Prince hath any greater imployment than this It is manifest that as the Prince is not a Praetor nor a Prefect nor a Proveditore So likewise hee is no Priest nor no Inquisitor But it is also certaine that hee is to over-see with keeping in awe and causing to doe their duties both the one and the other And here lyeth the deceite that the particular care of Religion is proper to the Officers of the Church as the Government of Temporall things is proper to the Magistrate and the Prince himselfe ought to doe neither the one nor the other but is to direct all and to take heede that none doe faile in his Office and to amend the defects of Officers this being the Prince his charge as well in matters of Religion as in any other part of the Government And as in other matters for to manage well that part which is proper unto him hee is to bee informed of all occurrences So ought he particularly to bee advertised of all that happeneth in matter of Religion The Inquisitors of Italy doe particularly send word to Rome by every Post what is done within their Office much more ought an account bee given to the Prince whom it more concernes to know it It were very expedient that all things which are treated off within the State should remaine therein as it is observed in Spaine which give account to the King onely and send advice no where else But because that were a hard thing to obtaine let it for this time suffice that it bee knowne to the Prince when it is knowne to others who are not so much interested therein The Exposition of the seventh Chapter THe seventh Chapter was ordered by the most excellent Senate because that the Ambassadour of Rome might doe that good Office as that the charge of Inquisitors might bee given to the Natives of this Dominion because they are best instructed in the occurrences of the Customes and conditions of the Country and beare a greater affection to it whence it is presumed that with greater Iudgement and love they will employ themselves in that Office which above all others requireth Charity and discretion One cannot without wonder consider how that all the Inquisitors within this Dominion at this present are strangers and the Natives are not employed neither in this State nor in other States yet is not this Country so barren but that it brings forth men of understanding as well as any other part of Italy What should bee the reason then that these should be reputed all unable both for this Dominion and for all others if one will seeke for examples beyond the Hils there is no Inquisition there but onely in Spaine where they are all Spaniards In the State of Milan the Natives are not excluded and others to whom the Office is given are not lesse depending from that Prince then the Milanenses themselves In Tuscan Pius the fourth attempted to give the Office of the Inquisition to the Friers of St. Dominicke and Cosmo the great Duke would not consent because those of that Order tooke part with the enemies of the house of Medices when they were driven out of Florence in the yeare 1494. which reasons and examples shew that there ought accompt to bee made in Rome of those recommendations which shall bee made of the Fathers that are subjects to this State and that their Piety towards their Prince and Religion the Christian life of the people and the devotion of the Fathers themselves towards their Naturall Prince and Country may not bee prejudiciall to them The Exposition of the eight Chapter THe eight Chapter that none shall bee admitted to execute the charge of Inquisitor but with the Prince his Letters is very convenient The same directory commands that first of all the Inquisitor should present himselfe before him and should receive Letters directed to the publicke representants in that place where he is ordered to execute that charge and reason alloweth that no manner of jurisdiction be exercised without publicke knowledge yea at other times Popes did send Inquisitors with Apostolicke Letters directed to the Prince wherein they intreated him to favour and protect them and now they doe the like at the institution of every new Bishop Now the Congregation of Rome deputes Inquisitors with Patents and instructions as if they were sent into some of their owne jurisdictions and this cannot bee helped but it is necessary to keepe a foot the presenting of the Patents it beeing a due acknowledgement of the Prince his Superiority and because it will also serve for two things The first that one may marke whether the Patents be made in the wonted forme or if there bee any new clause added to it because that in case then were any prejudiciall novelty it might bee withstood with fitting meanes The other is that if there were any request made that there should bee an Inquisitor who were a Native and trusty and that just request should not be granted they might then by delaying the Patent reply and triplicate the same request with greater instance And although some accident might happen through which the publicke wisdome should finally Iudge it fitting to assent unto the will of Rome and receive the stranger it might worke at least so much as that the Court of Rome for the time to come would proceed with greater respect and the same forraigne Fathers would refuse to accept the charge seeing the difficulties which had happened to the others The Exposition of the ninth Chapter THe ninth Chapter that the assistants should assist to the Iudgment although the guilty were Ecclesiasticall is a legall position and necessary to be observed It is not credible that the Secular assistance in that Office was brought in in regard of the Persons of the questioned this in times past hath deceived many who were perswaded the Person of the questioned appointeth the place of Iudgement mis-understanding that Maxime Actor sequitur forum rei which is meant of private interest where tryall is to bee betweene two parties which their Persons be not both subject to one Iudge