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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A14399	Concerning the excommunication of the Venetians a discourse against Cæsar Baronius Cardinall of the Church of Rome In which the true nature and vse of excommunication is briefly and cleerly demonstrated, both by testimonies of Holy Scripture, and from the old records of Christs Church. Written in Latine by Nicolas Vignier, and translated into English after the copie printed at Samur 1606. Whereunto is added the Bull of Pope Paulus the Fift, against the Duke, Senate and Commonwealth of Venice: with the protestation of the sayd Duke and Senate. As also an apologie of Frier Paul of the order of Serui in Venice.; De Venetorum excommunicatione, adversus Caesarem Baronium. English	Vignier, Nicolas.; Sarpi, Paolo, 1552-1623. Apologia per le oppositioni fatte dall'illustrissimo & reverendissimo signor cardinale Bellarminio alli trattati, et risolutioni di Gio. Gersone. English.; Baronio, Cesare, 1538-1607. Duo vota. English.; Catholic Church. Pope (1605-1621 : Paul V); Venice (Republic : to 1797). Doge (1606-1612 : Donato)	1607 (1607)	STC 24719; ESTC S120778	41,133	78

Excommunication one of the parts of Church discipline the other being brotherly Correction is of two kindes The Lesser and the Greater The Lesse is that whereby such as grieuously offend against any point of faith or maners or good established order are excommunicate not so that absolutely they cease to bee the members of Christ but be only for a time restrained from communion of the Sacraments so long as vntill either their Repentance or Faith or Dutie bee iudged sufficient and publick scandall be taken away And such the * Ancients called Restrained Abstenti Cyprian in epistolis Excommunication the Greater is an holy action of Priesthood by which agreably to the rule of Christ a brother become obstinate in his sins is cut off from the fellowship of the faithfull cast out of the Church deliuered to Sathan that vpon correction he may repent and vpon true repentance be againe receiued which was vnder the law a casting forth out from the Synagogue So by authoritie and warrant of Christ to excommunicate is a power belonging vnto all Math. 18. and none but the True Church to be executed by the whole Presbyterie lawfully elected to bee denounced in the open face of the assembly with their either tacit or expresse consent This is proued by the words of Christ If he will not heare the Church that is the Presbytery and conuention of Elders let him be to thee as an Ethnicke a Publicane The Apostle is yet more cleare in this point 1. Cor. 5. When you are gathered together and my spirit in the name of our Lord Iesus Christ let such a one be deliuered vnto Sathan In which place he speaketh vnto the whole Church as again he doth 2. Cor. 2. It is sufficient that this man hath beene censured by many And therfore he intreateth that with one consent they receiue againe him who had beene excommunicate And this is the doctrine and * consent of all fathers What This if he meane by the Presbyterie as he calleth it The Church practise doctrine of the fathers is to the contrary as in Cyprians epistles any man may read Wherof the reason is very euident that matters of greatest consequence in the church are not to be proceeded in without consent and approbation of the * Either tacite or expresse as before whole Church as the practise is in ciuill states and affaires For that wherein euerie one is interessed it was the saying of Pope Leo must haue the generall consent of all And what of more consequence wherein can the whole bodie be more interessed than in the cutting of one member from the bodie The conclusion therefore is No man ought to bee excommunicate without the generall assent of the whole Church in which he liueth And that Austen was of this minde it is euident by this that he thinketh that man should not be excommunicated who hath many abetters and bearers out in his offence with whom many do partake and are associate in sinne reioycing in their follies insulting on the godly despising the sword of Excommunication lest it proue the originall of a Schisme and of this mind saith he the Apostle was His wordes are To this purpose the Apostle speaketh If any one be named August Contra epistolam Parmen lib. 3. In that he saith If any one it seemeth his meaning was that such a man might safely be put vnder censure and for his good who is a sinner among such as be none that is as be not infected with the taint of like enormity And where he saith be named hee letteth vs therby vnderstand it is not inough that a man be so vnlesse withall he be named to be so that is notoriously knowen and diffamed that all men may prooue and giue their consent to the sentence of excommunication throwen foorth against him For thus the bond of peace may bee kept correction bee done vpon him he be striken not to kill him be seared but to cure him To this end hee saith of that man whom by such receit hee would haue to bee cured The Rebuke of many is sufficient for him Because such rebuke cannot be auaileable but where one is rebuked who hath not a multitude his fellowes in sinne but if the infection be gone ouer many the godly can do nothing but sorrow and grieue Now for the persons liable to this censure All and Only they who being in the list of brethren continue in sin with contumacy Only brethren because that Of forreiners God doth iudge and not the Church as the Apostle speaketh 1. Cor. 5. and such as neuer had any cōmiunion cannot be cut off from communion with the Church which they neuer had Again adde the stubbornly wilfull not others for them or with them Because euery man must beare his owne burthen And Austen doth in this point deseruedly blame Auxilius a yong man Aug. Epist 75. If by his own iudgement allegation out of Austen for peril of schism excommunication must not bee inflicted on a multitude if for nothing else yet in that regard the censuring of greate ones gods on earth should not so easilie haue passed his lippes Azarias did not excommunicate Vsziah but told him his duty as the minister of God Neither did they compell him to hasten out but God did it and had they done it this was no excommunication 2. Paral. 26. Theodoret. lib. 5. Hist Eccles ca. 18. S. Ambrose is the only example that can with probability be alleadged But there is very much difference betweene his maner of proceeding and the Popes in his consistory and the Ministers with their elders Read the story in Theodoret. Hist Eccles ca. 17. ex interpr Christophorsani and somewhat elderly Bishop as he speaketh because that for the sole offence of Classianus he did excommunicate his whole family And it is against All that No man of whatsoeuer state or condition Ecclesiasticall or Ciuill Superior or Inferior may thinke himselfe exempted from that censure The truth hereof is certaine by practise in Scripture as for instance Azarias the high Priest cast foorth king Ozias out of the Temple by practise in the prime age of the Christian Church when as Ambrose excommunicated Theodosius an act allowed of by all Churches and so well liked by Theodosius himselfe that he professed to haue met with but one Bishop in deed Ambrose at Millane The causes which procure it are sins of Commission done without amendment against either First or Second Table That appeareth by Christ his words Mat. 18. where he mentioneth Ethnicks Transgressors of the First and then Publicanes delinquents against the Second table To which there in the 12. of Exodus where there is charge giuen that no Vncircumcised person and in that an offendor against the first Table be admitted to the Passeouer and secondly 1 Cor. 5.8 no Iew who had Leuen in his house which leauen the Apostle doth interpret of mal tiousnesse and vncleane life

the lake of fire and brimstone Apoc. 20. and be tormented day and night for euer and euer Euen so Lord Iesu come Apoc. 22. Amen THE BVLL OF POPE PAVLVS the Fift against the Common wealth and Senate of Venice With the Protestation of the said Duke and senate PAVL Bishops Seruant of the Seruants of God To our most deare and venerable brethren the Patriarches Archbishops Bishops and our beloued Sons Vicars Abbats Priors and other Prelates aswell Secular as Regular and other persons Ecclesiasticall appointed and ordeined throughout the whole Common wealth and Seigniory of Venice Salutations and Apostolike benediction We haue beene giuen to vnderstand that the Duke and Senate of the Common wealth and Seigniory of Venice haue for certaine yeares made in their Councels many and diuers Decrees and Statutes contrary not only to the authority of the Sea Apostolike liberty and immunity of the Church to generall Councels and Sacred Canons but also to the constitutions and decrees of the Bishops of Rome And amongst others that about the 23. of May in the yeare 1602. taking occasion of certaine processe and difference moued betweene Doctor F. Zabarella on the one part and the Monkes of the Monastery of Praxilia of the order of S. Bennet otherwise S. Iustin in the Diocesse of Padoua on th' other part They had ordeined that the foresaid Monkes from thencefoorth and for alwaies after should haue no action for vnder any title or colour whatsoeuer to be preferred vpon the goods Ecclesiasticall possessed by laie persons vnder title of Emphiteuse and cannot by right of preference or re-union of the propriety with the vsufruit or of extinction of the persons comprised in the inuestiture or for any other cause challenge vnto themselues the propriety of the foresaid goods but only the right of the direct dominion declaring that this shall take place Doresnauant hereafter aswel for th' other persons Ecclesiasticall Monasteries and other religions places being in their Seigniory and territory of their obedience And about the sixteenth of Ianuary 1603. renuing as they say certaine Statutes and Decrees made by their predecessors to this effect That any be he Lay or Ecclesiastical may not build Churches Monasteries Hospitals and other places of piety and deuotion without speciall permission of the Seigniory they had againe ordeined in their Councell that the same should take place in all places vnder their subiection vpon paine to all transgressors of banishment or perpetuall imprisonment and confiscation of the ground and sale of the edifices And moreouer the said Duke and Senate the 26. of March 1605. following an other decree made by the same Senate in the yeere 1536. by the which as they affirme it was expresly forbidden that any vnder certaine penalties contained in the foresaid decree might net alienate in the same Citie and Duchie of Venice nor leaue by will and testament or donation betweene the liuing any goods immoueable for pious and religious causes nor bind ouer or pawne to such intent but only for a certaine time there expressed a thing neuer before receiued or put in practise had againe not only made the lame inhibition but also expresly prohited the alienations of the foresaid immoueable goods made in fauour of the Ecclesiasticall persons without the permission of the said Senat had moreouer extended the foresaid decree and penalties therein contained to all lands vnder their obedience and had caused it to be published throughout all places and townes of their Seigniory ordaining that all the foresaid vnmoueable goods which were sound to haue beene sold or otherwaies aliened besides the paine of nullity should be confiscate and sold and the price thereof diuided betweene the Magistrate executing the tenor of the foresaid decree his officers and the informer and others as hath beene reported vnto vs to be at large set out in the said decree and mandates of the said Duke and Senate Moreouer that the said Duke and Senate had caused to be imprisoned Scipio Sarracino Canon of Vicenza and Brandelino Valdemariuo of Fornoue Abbat of the Monastery or Abbey of Neruesa in the Diocesse of Tarrase persons placed in dignity Ecclesiasticke and this for certaine crimes which are pretended to haue beene committed by them in the towne of Vicenza and other places vnder pretence that the connisance thereof belonged vnto them and that it is of their Iurisdiction grounding themselues vpon certain priuiledges granted as they pretend to the said Duke and Senate by certaine of our predecessours Popes wherein they preiudice the right of the Church and impugne the liberty and immunity Ecclesiastical and authority of the holy Sea Apostolike And because this turneth to the great scandale of the Church and the perdition of the soules of the said Duke and Senate insomuch as hauing dared to publish the forsaid Decrees and Statutes they haue thereby incurred the Ecclesiasticall censures ordeined by the sacred Canons of generall Councels and by the decrees and constitutions of the Bishops of Rome and the penaltie of goods lands which they hold of the Church of the which penalties and censures they cannot bee absolued nor discharged but by vs or our successour the Pope for the time being and that moreouer they are vnable and vncapable to enioy the benefit of the foresaid absolution vntill they haue actually reuoked the said Statutes and Decrees by them published and returned all againe that thereof hath ensued to his former estate For that also the said Duke and Senate after many fatherly admonitions which to them haue beene made on our part they haue made no account to reuoke the said Decrees and Statutes and that they still keepe prisoners the said Canon Saracino and Abbat Brandelino and that they haue taken no order to put them as they ought into the handes of our Nuntio and of the holy Sea Apostolique Wee who must in no case suffer that the libertie and immunitie of the Church and our authoritie and of the holy Sea Apostolique be violated and despised following the Decrees of many generall councels and the examples of our predecessors Innocentius the Third Honorius the Third Gregorie the Ninth Alexander the Fourth Clement the Fourth Martin the Fourth Boniface the Eight Boniface the Ninth Martin the Fift Nicolas the Fift and other Bishops of Rome which haue held this holy Sea before vs some whereof haue reuoked the like statures as void of themselues and declared them void and of no force or vertue being made against the libertie and immunitie of the Churche and others haue yet gone further euen to excommunicate the authors of such statutes and ordinances hauing duely consulted with our most venerable brethren the Cardinals of the holy Romane Church with their counsell and consent albeit the said decrees edicts and mandates be of themselues void of none effect we haue notwithstanding anew declared them void of no force and vertue and being such declare that no man is bound to the obseruation of them

nations contained therein It was said vnto him Kill and Eat because it was necessary that euen they should come vnto the Church What is heere Baronius that concerneth that Office of killing By this voice and this vision Peter is commanded to go vnto the Gentiles and feed them with the holesome and liuely food of the Gospell This is with you to kill and slay And happily for this cause you take that good course not to preach the Gospell lest thereby you might become murtherers or rather indeed lest the people hating the poison of your traditions do hunger after the bread of life But this is your maner to interpret Scriptures vpon which you stand so much which you learned of the great professor of your schoole and Doctor of the chaire he I meane who in the desert detorted and wrested as you are wont to do the Scriptures Matth. 4. in his disputation with our Sauiour Such one was Boniface the 8. of whom the saying goeth He entred as a fox De Maior obedien Vnam sanctam raigned as a lion and died as a dog who would proue that the Pope had right to both the swords Spirituall and Temporal out of the Euangelicall writings forsooth Because when the Apostles said Here are two swords the Lord did not answer his Apostles speaking in the Church Heere it is too much but it is inough Certainly whosoeuer shall denie that the temporall sword is in the power of Peter he regardeth but little Gods word which saith Put vp thy sword into thy sheath Gen. 1.16 De Maiorit Obed. C. solitae And Innocent the 3. by a place of Genesis doth as soundly proue that the Imperiall maiestie is in subordination to the Pontificall You should saith hee haue considered that God made two great lights in the firmament of Heauen the greater light to rule the day the smaller light to gouern the night both great but one greater than the other In the firmament of heauen that is the vniuersal Church God made two great lights that is appointed two estates royall the Pontificall authoritie and Regall power but that is the greater of the twain which is appointed ouer the day that is ouer spiriall things that the lesse which hath iurisdiction in carnall that wee may know there is as great difference betweene Kings and Popes as there is betwixt the Sunne and Moone Distinct 22. sacrosancta In like sort Anacletus if * Gratian say true proued the Primacie of Saint Peter out of that place where hee is called Cephas that is an Head and Beginning which Etymologie euen * Bellarmine applaudeth Lib. 1. de Roma Pontif. c. 17. who affirmeth that Cephas is an head in Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whereas Cephas is not a Greeke but a Syriak word which as himselfe auerreth signifies a Rocke And the same Bellarmine that Captain Iesuite out of the selfe same place which you produce Kill and Eat concludeth that Peter is Head of the Church drawing his argument not as you do from the word Kill but from the Commandement Eat For saith he It is the heads duty to eate Bella. lib. 1. de Rom. Pontific c. 22. Barom Tom. 1. Annal. Eccles and so by eating to transmit the meat into the stomack and so to incorporate it to it selfe And your * selfe elsewhere do bring this proofe to make the vse of shrining the reliques of Saints within the Altars Apostolicall because in the sixt chapter of the Reuelation the soules of such as were slaine for the Gospell are said to cry from vnder the Altar But who is not acquainted with such Iuglers trickes what man will take their counterfeit glasse for true pearle Remember Baronius that I may returne vpon your self an allegory that the Chamelion a beast which as they say liueth by the aire is numbred with such * as be vncleane Leuit. 11. Allusion to the speech that Emperor Fumum habet qui fumum vendidit B and that vaine man blowen vp with wind who selleth nothing but smoke is semblably vncleane in the eyes of God But to proceed To feede the sheepe is with care to watch ouer the faithfull c. And is it true indeed Baronius is the office of feeding to be confined only to the faithfull and obedient Christians and is this your will to haue all refractarie and stubborn ones led into the slaughter whom happily you instile Lions for that you feare the Lion the armes of Venice Esay 11.6 But Esay prophecied otherwise of Christs Kingdome The Wolfe shall dwell with the Lambe and the Leopard shall lie with the Kid and the Calfe and the Lion and the fat beast together and a little child shall lead them The Cow and the Beare shall feed their yoong ones shall lie together and the Lion shall eat straw like the Bullocke the sucking child shall play vpon the hole of the Aspe and the weined child shall thrust his hand into the Cockatrice hole Then none shall hurt nor destroy in all the mountaine of mine holinesse Wee deny not but Pastors are to stand against the refractarie and the disobedient but with what armes Spirituall not Carnall For as Hierome once sayd of heresie Ieron in prooe● lib. 4. in Ieremiam Heresie is to be cut off with the sword of the Spirit let vs strike thorow with the arrowes of the Spirit all sons and disciples of misled Heretiques that is with Testimonies of holy Scripture The slaughter of Heretiks is by the word of God So wee say and iudge of all other vices For the Church hath no such warrant as to vse the sword of the Ciuill Magistrate or bring in within her liberties politicke punishments the offices of the Ciuill and Ecclesiastical Magistrate being as Christ teacheth Matt. 20. things of diuers natures You know That kings of Nations rule ouer them but with you it shall not be so And the reason is for that the Church is the seruant of Christ no otherwise then as Christ is the Sauiour of the faithfull But Christ to procure the saluation of them neuer vsed himselfe nor permitted his Church to vse the sword of the ciuill Magistrate And this is that if I mistake not which your selfe in prosecution of your allegories adde That such killing must not be but with great charitie c. For all that we do or can conclude from hence is this and no more that this killing of the stubborn and disobedient is done by Excommunication which is a spirituall and wholesome remedie Which to grant wee must first consider lest we erre in ambiguitie of wordes What excommunication is 2. By whom it may be executed 3. Vpon whom to be inflicted 4. For what causes it is iust 5. From what communion they bee barred 6. Which bee the ends of Excommunication that any man by these grounds may determine what is to be iudged of the Excommunication of the State of Venice of which you intreat