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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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but in the Bull it selfe it is not sayd so It is true that it prohibites such appeales but the reason is because they haue reference to that which is not and of which there is no certaintie when it shall bee In the meane time the poore are oppressed by the mightie offences remaine vnpunished Rebellion is fostered against the first sea it is free for euery one to offend all Ecclesiasticall discipline and Hierarchicall orders are confounded where you may perceiue that Pius 2. doth not alleadge his superiority for a reason which had been an euident and pregnant argument because there is no appeale but to a Superiour Let no man reply that though it be not expressed yet it may be collected out of those wordes for there is no likelihoode that hee would so slightly passe ouer that which is most substantiall and insist with such diligence vpon so many thinges that are but accidentall Besides this before he doth alleadge these causes aboue mentioned he affirmeth that he omitteth others manifestly contrary to this corruption which argueth that the causes alleadged are the most principall and that the others are of lesse importance and therefore that poynt of Superioritie is of no force in this place Moreouer these wordes of our Author in the Councell of Mantua serue onely to abuse the Reader for it was neither done in a generall nor prouinciall nor any other Councell at all It is true that Pius the 2. was in Mantua as it lay in his way but he had no body with him saue onely his owne Court as by the wordes of the Bull it appeareth which sayth By the aduice and consent of our reuerend brethren the Cardinals of the holy Church of Rome and all the Prelates with the Ciuillians and Canonists which follow the Court But yet that which followeth in the Author is worse that Pius the 2. did excommunicate whomsoeuer should appeale from the Pope to the Councell And that Iulius the 2. did renew this Excommunication and that all the Popes succeeding them haue done the same in the Bull intituled In Coena If this Bull of Pius the 2. and that of Iulius the 2. and all the other Bulles of that title were not extant this Obiection would remaine vnanswered But I will maintaine that no Pope did euer excommunicate for appealing to a Councell Vnlesse it were to a future councell all these Bulls may be seen and read And because Poenae sunt restringende No Canonist will say that appellantes ad praesens concilium when any such is shal be excōmunicated by virtue of these Buls this then will not serue him to proue that the Pope is superiour to the councell But why did the author leaue out the word futurum If Gersons interpreter had committed such a fault what censure would haue beene thought seuere enough for him the reason of Pius 2. is good against those which do appeale to that which is not neither is it certaine when it shall bee that is a future councell but it is not good against appealing to a present councell and this is the reason that all Popes haue excōmunicated appellantes ad futurum concilium Let not vs then leaue out the word futurum howsoeuer our passions could bee contented to conceale it After this digression the author returnes once againe into Constance and saith that Pope Martin 5. with the consent of that councell did ordaine that they which should be suspected of heresie should be interrogated whether they did beleeue that the Pope had the Supreame power in the Church of God from whence he doth conclude that the councell did intend the Superiority to be in the Pope and that the decree in the 4. Ses is to be vnderstood of a Pope vncertaine according to his owne exposition for that otherwise the councell should be contrarie to it selfe but how this interrogation is vnderstood whereof the Pope and the councel do make mention let the author vouchsafe to peruse the 8. Ses where amongst the 45. condemned errours of Wickliff the 41. is Non est denecessitate salutis credere Romanā Ecclesiam esse supremam inter alias Ecclesias The councell followeth Error est si per Romanam Ecclesiam intelligat vniuersalem Ecclesiam aut Concilium vniuersale aut pro quanto negaret primatum summi Pontificis super alias Ecclesias particulares This one point being read doth make it manifest that the councell of Constance did intend that the Pope had the superiority ouer all churches seuered but not vnited And here the author leauing the councell of Constance walks another way Bellarmine and takes vpō him to proue by authority of scripturs by the consēt of councels and by reason that Gersons opinion is manifestly erronius saying But laying aside the councell of Constance it is most easie to bee proued by the authority of Scripture by Councells and by Reason that Gersons opinion is manifestly erronious The Scripture doth no where giue authority to the Church and to the councels aboue their Pastors much lesse aboue the supream Pastor but contrarily that Bishops are ordained to gouerne the Church of God appeareth Act. 20. where Saint Paul saith that God hath placed Bishops to gouerne the Church of God And by these wordes of our Sauiour in the 16. Mat. where he saith to his Viccar Super hanc Petram aedificabo Ecclesiam meam where Christ making Saint Peter the foundation of his Church did make him the head of that mysticall body for that which a foundation is in respect of a house the same the head is in respect of the body and we see that the head hath power ouer all the rest of the body but the rest of the body hath no power ouer the head In like manner Io. 21. when Christ said to Peter Pasce oues meas he made him sheapheard ouer all his flocke and doubtles the flocke hath no authority at all ouer the sheapheard but the sheapheard ouer the flocke Lastly where as our Sauiour Luc. 12. Quis est fidelis dispensator prudens quem constituit Dominus super familiam suam saith Doubtlesse hee doth declare that a Bishop in his particular Church and the Pope in the church vniuersall is as it were a high Steward in Gods family and as the high Steward hath authority ouer the familie and not the familie ouer him so hath the Bishop ouer his Dioces and the Pope ouer the Church vniuersall and not the Diocesse ouer the Bishop nor the Church ouer the Pope though assembled in a generall councell and to this end it is that our Sauior in the same place addeth these wordes Quod si dixerit Seruus ille in corde suo moram facit Dominus meus venire coeperit percutere seruos ancillas edere bibere inebriari veniet Dominus serui illius in die qua non sperat diuidet eum partemque eius cum infidelibus ponet Out of which words it may be gather'd that
grieued at this then at all their offences committed against God Heere we are to conceiue that Christ our Lord he instituted excommunication for a medicine for a punishment and that if it be inflicted on a man without his guilt it is a lesse euill or mischief to him then any the least veniall sin and there is no diuine which holds not thus and I note further that an excommunication thundred out for any other cause then for sin and without his sin against whom it is passed doth not preiudice a Christian soule at all Therefore of him that shall haue no respect to offend against the commandements of God shall yet stand in feare of such an excommunication it may be rightly said according to the Psalms literal sense Trepidauerunt timore vbi nō erat timor He that hath a serious intent to liue Christianly he wil be careful to obserue the commandements of God and of them whom God hath commanded that they should be obeied after himselfe in the things appertaining to their superiority to the Pope Prelats in things spirituall to the Prince in ciuill to the father or maister in things Domesticall for so much as he obeyeth them all because God commands him and for no cause else but where this order is not preserued and Gods owne commandements not preferred before all the rest there God permits it for their punishment that intollerable precepts shall be imposed vpon their shoulders to which indeed they are not bound menaceth them with vaine punishments which they in like sort are more afraid of then of the true punishments threatned them by God himselfe much like a child that cries at his mothers threatning him with a skaring no reall chastisement But if liuelie reasons shal find no ouerture nor way in the Authors conceit to perswade him that the place of the Psalme Trepidauerunt timore is rightly alleged yet me thinks he should suffer himself to be ouer-ruled by Nauarra his authority who alleages the same Text against such as feare void excommunications Super cap. Cum contigat Rem 2. Numero 14. Numero 13. He saith that to feare the Censures that are void and nulle it is Deum falsum pro vero colere But our Author he saith that who so feares not Gods Vicar feares not God himselfe because he saith to his vicars Qui vos audit me audit Lu. 10. As is to say that indiscreet excommunications are not to be feared were as much as to say that God is not to be feared nor his vicar and that he that wil feare God must stand bound to subiect himselfe euen to the indiscretion of the Prelats to whom God hath giuen no power at all further then it shall be accompanied with discretion And me thinks it stands not with the wisdome learning of so great a man to alleage scriptures in a most strange yea in a contrary sense to it owne albeit I am perswaded that he hath not onely read the place it selfe but the whole chapter There is no speach there of any vicars nor of the supreame Bishops but of the Preachers of Gods word who if they shal preach the doctrin of Christ who so heareth them heareth Christ and he that despiseth them despiseth Christ So saith S. Luke in his tenth alleaged by the Author that Christ appointed other 72 and sent them two two that they should go before him into all places whither he was to go he teacheth them how they should go and what they should preach what they should do when they were not receiued nor heard and in the conclusion of all this he ads Qui vos audit me audit Here I would request not them of iudgement onely but euery man of ordinary vnderstanding but to view the place It is commonly receiued of old in all the expounders of the scripture that the Pope he succeeds S. Peter the Bishops the Apostles and the Priests to the 72 wherof we haue not now to treat further then this that where Christ saith to the 72. Qui vos audit he speaketh as a Preacher to all Preachers here the Author may obiect thē among these the Pope is likewise comprehended I admit no lesse touching the preaching of Christs doctrine but I will not allow him that impropriety of speach as to say Christ saith to his vicars Qui vos audit me audit For thē to hold that the Preacher ought not to haue a coactiue iurisdiction if the place Qui vos audit had stood alone by it selfe and not been conioyned with the antecedents and consequents which demonstate it to haue been spoken to the 72 as Preachers would haue good shew for it and so it hath if we will read it apart but the holy scripture is to be read intire and not by peecemeale Neither is that saying of S. Gregory That the sentence of the Pastor is to be feared though it be vniust contrarie to that which Gersons interpreter followes For when S. Gregories words are The sentence of the Pastor though it be vniust c. he presupposeth that it is a sentence because if it be not a sentence it cannot be an vniust sentence but a non sentence Such must that be that a lay man shall take vpon him to giue in causes ecclesiasticall and an ecclesiasticall person in lay causes but that sentence which is vniust and yet to be feared is whē there is either of a good intention or when there are false informations in fact brought in in which cases it is both to be feared obserued but when it doth conteine an intollerable error then it ought not indeede as we will shew in place to be proudly dispised but yet with a kinde of reuerence vnreceiued This which is the common receiued doctrine the Author hath past ouer in silence to him it would be but needles to say any more but some other body to whose hands this discourse may come I will alleage two Canons the one of Saint Leo the first a Pope of great sanctity who praeceded S. Gregory some 20 Popes in ranke there remains then saith he S. Peters priuilege whersoeuer iudgment is pronounced according to his equity where there is neither to much seueritie nor too much indulgence where nothing shall be bound nothing loosed but what blessed Peter Aut soluerit aut liga uerit which last words I haue put down in Latin as loth to restrain thē to either of their two significations in which respect I hold it yet better to recite it all in Latine Manet ergo Petri priuilegium vbicunque ex ipsius fertur aequitate iudiciū nec nimia est vel seueritas vel remissio vbi nihil erit ligatum nihil solutū nisi quod beatus Petrus aut soluerit aut ligauerit And S. Gelasius a predecessor of S. Gregory some 15 Papanties saith I wil quote his owne words in Latine that no exception may be taken to their translation Cui est illata
the family ouer him Saint Cyprian saith that the supreame power of choosing such Priests as are worthie and refusing vnworthy doth principally rest in the people and if the author will read the place he shall perceiue that hee speaketh of Bishoppes particularly though in the wordes alledged he mentioned Priests and withall that it is not onely Cyprians Epistle but the Epistle of 36. Bishoppes and written to the common people of Leon Asturia and Emerita and if hee will let him read the 14. Epistle of the 3. Booke such authorities as these wee ought to alledge for the maintenance of our cause and not come in with such misticall and those inforced explications as the author doth in this place where if he had bin disposed to deale sincerely hee should haue alledged that place of Saint Luke intirely Quis putat est fidelis dispensator prudens quem constituit Dominus super familiam suam vt det illis in tempore tritici mensuram and then it maketh against the author for this seruant cannot bee a generall dispen●er of all the Lords treasure to whom he hath committed nothing saue onely the distribution of the Corne there are many other things to bee distributed as meat drinke and apparrell all which his Lord will commit vnto him if hee behaue himselfe faithfully in this particular office for thus he saith Beatus ille Seruus quem cum venerit dominus inuenerit ita facientem vere dico vobis quoniam super omnia quae possidet constituet illum Let him read the place and see whether it can receiue any other interpretation If either the Pope or any other to whome the charge of all thinges is already committed be that faithfull Steward what are those other thinges which shal afterwardes bee committed vnto him for hauing so wel discharged his duty in this administration if the author will say that wee are to vnderstand those wordes of the Coelestiall Paradise wee must answere that the charge thereof is peculiar to Christ and the Angels the holy Popes entring into the kingdome of heauen receiue from God a rewarde of their labours but their gouernments they leaue behinde them and are for euer exempted from labour as for the wordes that follow Quod si dixerit seruus ille in corde suo c. From whence the author will gather that if Gods high Steward doth misbehaue himselfe hee reserueth the punishment of him to himselfe and will not impart it to his family I answere that the consequence doth not hold in all Stewards neither can the example which hee bringeth of a vice roy availe him to this purpose it is one thing when the father of a family being absolute Lord of it doth commit the gouernment to another but if the father of the family shall giue leaue to his family to choose them a gouernour with such and so great authority ouer their Maisters treasure as hee himselfe shall set downe it is a case of far different consideration in like sort different it is when a King who hath no dependence of his kingdomes shal constitute a Vice-roy and when he giueth leaue to his subiects to choose thē one with such authority as hee himselfe shall prescribe for in the first case I acknowledge that the family hath no power ouer their gouernour nor the subiects ouer the Vice-roy but in the 2. case as the family hath power to institute him so hath it also power to censure his actions And the subiects in like sort the actions of the Vice-roy and as the Cardinall Bellarmine saith that the authority which the Church hath of choosing the Pope is nothing els but an applying of the power to the person so Gerson in his book which he writeth vpon this occasion saith that when the Church doth iudge the Pope it doth no more but separate the power from that person if Christ had so instituted the Popes as it should haue bin in their powers to appoint their successors peraduenture that might haue followed which the author would inferre that the Church should haue no power ouer the Pope but hee which affirmeth that God hath giuen power to the Church to annexe power to the person should also haue shewed that it hath not the selfe same authority to remoue it but the common doctrine that the pope hath no authority of electing a successor doth euedently declare that he is not a gouernor of the first sort deputed immediatly from the father of the family but of the secōd elected of the family by the fathers appointment and with this doctrine doth Gerson answere that of Pasce oues meas and all other places of Scripture like vnto it Namelie that although hee which is by the owner appointed to bee ouer the flocke is not subiect to the flocke yet if it be such a flocke as hath power to chuse a sheepheard the sheapheard when he is chosen shall be subiect vnto it the faithfull flocke of Christ ought to resemble sheepe in humblenesse and innocencie yet ought they not to be so sheepish or foolish as to forgoe the authority which their owner hath bestowed vpon them either of choosing them a good sheapheard or of judging a wicked Saint Augustine doth proue with reasons vnanswerable that doctrines are to be grounded only vpon the literall sense of the scripture and not vpon any mysticall interpretation whosoeuer will read all that chapter shall easily vnderstand the meaning of our Sauiour and the literall sense of the Gospell Hee spake to his disciples and consequently to all Christians beginning at those words about the middle of the chapter dixitque ad discipulos suos that they should not take thought for the things of this world because God had prepared another kingdome for them that they should be watchfull in wel doing as not knowing whē the Lord will cal that if the goodman of the house knew at what hower the thiefe would come hee should find him watching in like sort they should be prepared because Christ will come at an hower when we thinke not then Peter said vnto him Master tellest thou this parable to vs or euen to all Christ replied who thinkest thou is that dispensator fidelis prudens c. inferring therby that he spake to all whereas if it had bin spoken onely to his Viccar it would follow that the commaundement of watching of not regarding the thinges of this world of waiting for the kingdome of heauen and the vnexpected comming of Christ should haue beene giuen to him alone but because such commaundements as these are equally giuen to all the faithfull the litterall meaning is that they all are these faithfull stewards which God hath commaunded to exercise their charity by imparting their goods and other abilities which God hath bestowed vpon them to the rest of his familie this is that measure of wheate and that office for the faithfull administration whereof God will multiplie his blessinges vpon them this then as all interpreters
giue him the seat c. and hee shall raigne for euer This is that you chose not me but I chose you This is the kingdome in the Apocalips and thou hast made vs to our God a kingdom This Christ is the Father of the family who is owner of it and it his child and seruant Which for that it is composed of visible men the Father himselfe would that it should bee gouerned also by a man visible and hath appointed the authority which hee should haue and instituted one of them before the Church was founded but for the residue of time after it was founded hath left on earth the power to choose a successour Now with this doctrine which I am assured the author will admit yea rather will say that without it no man is Catholique the reason is answered that the Church is not a commonwealth as Venice or as Geneua which giue as much authority as themselues please to their Duke nor a kingdom which may chaunge the manner of gouerning it neither inuisibly nor visibly because that Christ hath prescribed the manner much lesse is it such a kingdom as France which hath a bloud royall where the Kings succeede by birth neither as some other by testament but as touching the inward gouernment and meerely spirituall it is not like vnto any because it hath a perpetuall and immortall King In the visible gouernment it hath a Minister as concerning his authority instituted by Christ and vndepending of the Church as concerning the application of the authority to the person electiue and depending of it Wherefore when he alledgeth and I am constituted a King by him Our Lord God shall giue him you chose not me Thou hast made vs to our God a kingdome All these places and such like others are meant of the inuisible kingdom the spirituall interior where the Pope hath no gouernment at all but onely the Sauiour which knoweth the hearts and can inflowe into them and bestow on them the graces and guifts whereby they are made Citizens of the heauenly Ierusalem Christ also is that Father of the family which depēds not of it The high Bishop is a seruant ●et ouer the family by the Fathers therof in respect of the authority but which the family it selfe hath placed ouer it selfe in respect of the election of the person So as touching the authority it is from Christ as touching the application it is from the Church But the Author maketh the Church a family depending of the Father whom he acknowledgeth to be Christ and this beeing setled hee concludeth that the Father doth not depend of the family nor hath his authority from it Therefore the Pope cannot be subiect to the Church and passeth frō the father of the family which is Christ to the steward elected by the family it selfe which is the Pope Let him stand firme in the similitude for he shal neuer find in the Gospell that any other is called father of the family but God the father or else Christ his Son by nature The minister is a seruant it is not fit to attribute the proprietie of God to another For which cause the example serues meruailously for Gerson as also the example which the author brings of a Vice-roy is much for the same purpose If a King of France as S Lewis the 9. should go to the conquest of the holy land shold say to the kingdome I leaue you my cosin for Viceroy with authority to administer iustice but not to make lawes not to assemble the states c. and in case he happen to faile choose ye another in his place with the same authority the authority of the elected should be from the King and master the person which the kingdome should choose should be subiect to the kingdom This is that which Gerson teacheth throughout all his works where it is seene that verily the force of the reason concludeth for him Out of the things abouesaid I will not conclude that the opinion of Gerson in this point of the supreame power Ecclesiastical either is true or is false but onely that the authors conclusion that Gerson is deceiued and that he is deceiued that doth follow him and goeth contrary to the doctrine of the holy scriptures of the sacred Councels and of manifest reason hath need of other proofes then those abouesaide The Author proceedeth Bellarmine And if he should say that which Gerson himselfe wont to say that it is written in Saint Mathew in the 18. chapter tell the Church And if hee will not heare the Church let him bee to thee as the Heathen and the Publican I would answere that in that place by the Church is ment the Prelate who is the head of the Church and so doth Saint Iohn Chrysostom expound it Homilia 61. in Mathew and Pope Innocent 3. cap. Nouit de iudiciis and so doth the practize of the vniuersall Church of all the world and of all times declare that he who will denounce a sinner to the Church and obserue this precept doth not assemble a Councell but hath recourse to the Bishop or to his vicar It is not sufficient to the Author to haue disputed with Gerson but he also giues solution to his reasons But in this place of many which Gerson bringeth and deduceth Frier Paolo the author contenteth himselfe to produce one onely and to dissolue it And this is taken from the authority of Saint Mathew tell the Church vnto which hee answereth the Church that is the Prelate and of this exposition hee maketh Chrysostome the author although the Parisians say that Chrysostom doth not say so but it seemes when a thing is accustomed to bee alleadged euery man alleadgeth it without once viewing it Chrysostome expoundeth tell the Church namely the Bishoppes and Praefidents This is that which Gerson saith to the Church representatiuely because it being not possible to assemble the whole it be comes represented by the assembly of Bishops and Praesidents And therefore they adde that vnder the name of the Church their cannot bee ment one person For in vaine should that ensue If two of you shall consent vpon earth concerning euery thing whatsoeuer they shall aske it shall bee done to them of my Father which is in heauen For where there bee two or three gathered in my name there am I in the midst of them And for confirmation of this sense they bring that Saint Paul who receiued the information against the incestuous there is plainely heard fornication among you c. It followeth I indeede absent in body but present in spirit haue already iudged as present him that hath so doone in the name of our Lord Iesus Christ you beeing gathered together and my spirit with the vertue of our Lord Iesus to deliuer such an one to Satan Where they note that Saint Paul who was then in Philippi did not write by his Briefe I excomunicate such an one but wrote to the Church that beeing