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A37249 De jure uniformitatis ecclesiasticæ, or, Three books of the rights belonging to an uniformity in churches in which the chief things, of the lawes of nature, and nations, and of the divine law, concerning the consistency of the ecclesiastical estate with the civil are unfolded / by Hugh Davis ... Davis, Hugh. 1669 (1669) Wing D417; ESTC R5997 338,525 358

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suffer the noise that the Pope makes of his Supremacy over them yet when it comes to Trial will not by any means grant it him in their Practice There have been two famous and notable examples in this matter that have appeared of late dayes The first is that of the State of Venice in the case of it's interdiction by Pope Paul the Fifth in which case all the Princes in their several Countries and their Embassadors both at Venice and in the Court of Rome it self those who were Residentiaries there declaimed against the Pope At Venice sayes Paulus Venetus Historia Interdict Venet. lib. 1. prope fin while the distance was yet growing betwixt his Holiness and the State were the imperial French and Spanish Embassadors and they openly voted against the Popes usurpations in the Church matters lay'd claim to by him In the Court of Rome when the Monitory was there afterwards published against the State the Residentiaries then present sayes he also were Ibid. lib. 2. in princip the Marquess of Castile from his Imperial Majesty Alincurius from the most Christian King The Count of Verva from the Duke of Savoy and all these endeavoured with great earnestness and even to the growing of hot words betwixt them with the Pope for either the quite taking away or else the Prorogation of the Monitory And they held Correspondence after the Publication of it by frequent visits and conferences with the Embassadors of the State The Princes themselves also who in their several Countries disgusted it and declar'd against it were the King of Poland who Ibid. Vid. lib. 2. paulo post princip when the Popes Nuncio sollicited for the Publication of the Monitory in his Dominions gave him an abrupt repulse After him the Emperour who both in his own Person and by his Ministers sided with the Venetian State and advised the Nuncio that some temper might be found out for the business and the like In the next place the Catholick King and his Court so soon as ever they knew the matter were presently sensible that that was a doing which equally concern'd all Princes c. In France that King also amongst other things advised the Nuncio there to a Composure What the sense of England and Holland and such other Protestant Princes was is to be presum'd and not here pertinent to be recited But the like entertainment that this affair had with these Catholick Princes mention'd had it also with all others With the Great Duke of Florence The Vice-Roy of Naples the Count of Millaine the Dukes of Mantua and Mutina and the like So that thus these Princes and their Embassadors would by no means endure any such thing as the Invasion of this Indirect Power mention'd in Spirituals The other great instance in this business were the Transactions of the late Councel of Trent See the Historie of the Councel of Trent Passim Where also the Embassadors of Princes would not suffer any thing derogatory from the Lawes of their Countries and their several Masters Supreme Authorities which they really held about Sacred things to be passed into Canons And the Prelates and Divines also of those Countries most of them complied no better with his Holiness Let the Actions of Five-Churches and others be viewed These two comprehensive instances then being given let us pass from hence a little further to the more particular affairs of Princes Let the Common-wealth of Venice in the matter of the Inquisition be considered of It hath lay'd several Laws and Restrictions upon that Office and the Jurisdictions belonging to it within their Territories to this purpose and notwithstanding the Pope's thundering against them as is to be seen in the Reasons of their so doing set forth by the Impartial hand of Father Paul in his History of the Inquisition See the Historie of the Inquisition Passim but now and sometimes heretofore mention'd The Kings of France the Emperours and others have oftentimes in like manner maintained this their power against the Pope 'T is that the Sorbon so often now adayes threaten him with determining on the part of their King And the further instances of these things are to be seen in the Collections of Records made concerning them by the Royal hand of the late wise King James of England The very Inquisition of Spain holds the like course It hath its own Lawes and proper Customes by which it is Govern'd See King James his Defence of the Right of Kings Passim See the Historie of the Inquisition cap. 28. and cap. 6. Ibid. In the Preface Neither is it altered or receiveth new Orders from Rome and there is an account given of all things treated of within the State to the King and advice sent no whither else and the King alwayes nameth an Inquisitor General throughout all his Kingdomes to have inspection over that office to the Pope and his Holiness doth confirm him and he being confirm'd nameth the particular inquisitors in every place which nevertheless cannot enter into their Charge without the Kings Approbation Thus then both the most Christian and the most Catholick King and be they who they will and let the Pope call them by what names he will and be they in never so strict a League and Amity with and professed subjection to the Church of Rome yet still I say thus all of them deal in respect to this indirect power in Spirituals As hath been already said The shadow of it may be conniv'd at in another but the reality and substance of it hath been of necessity alwayes retained in the Princes themselves Lastly The Inquisitors of Italy it self do particularly send word to Rome by every Post Ibid. cap. 6. what is done within their Office And we must conclude that if it were not so neither that part of his Holiness his Person which is the Temporal Prince nor that part of it neither which is the Roman Pontifex could be able long in either of their Capacities to support it self against it's own inquisitors And it is no wonder then that other Temporal Princes whose Dominions are distinct from those of the Sea of Rome and the Lands of the Church have not admitted of the Inquisition generally but by compact in the Original and first admission of it Thus then De Episcopatu ●onstantini Magni In praefat Si Magistratui sayes Vedelius eripiatur potestas Ecclesiastica as he calls it non integer amplius Magistratus sed ex parte tantum erit That if this indirect power in Spirituals be taken away from the Supreme Magistrate he shall be no more an whole but only half a Magistrate in his Society And what Constantine told his Bishops will be found everlastingly True 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Apud Euseb lib. 4. De vitâ Const an t cap. 24. That they were constituted Overseers or Bishops by God in their more particular kind and capacity within the Church and he in