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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