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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

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Where he saith Therfore let vs keepe the feast not in the leauen of malice and iniquity but with the vnleauened loues of syncerity and truth The communion is twofold wherefrom the Excommunicate are excluded Internall Externall The Inward is that by which euery faithfull man in faith and charity is first knit vnto God then to all the Saints and the whole body of the Church with the bond of the spirit which is in the Creed called the Communion of Saints of which that place of Iohn is meant 1. Ioh. 1. That which wee haueseene that which wee haue heard do wee preach vnto you that you the faithfull might haue communion with vs and that our communion might bee with the Father and with his sonne Christ Iesu From this communion it is not the Excommunication of the Presbytery but their owne sinnes which excludeth offendours For the Prophet as the mouth of God saith Your sinnes haue diuided me and you Esay 45. But Excommunication doth declare and confirme by the Churches authority that the irrepentant sinner is excluded and cut off from this communion The saying of the Schoole to that purpose is The Church doth not damnifie any man but pointeth him out that is damnified Euen as when in the Law the Priest did forbid the infected with the leprosie to enter within the Congregation This act of the Priest did not bring the sore vpon him but only declared that he was infected and hence it is the if the key go not right as the saying is but hit vpon such as be innocent the sentence pronounced is void Externall communion is of two kindes either in Church or Common wealth This latter concerneth negotiating trading and commerce in matters of ciuill course belonging vnto this present life Excommunication doth not actually depriue a man from the benefit of this but it remaines lawfull for any in ciuill affaires to negotiate with him to doe him all duties and bounden offices such as the sonne should do the father the wife her husband the subiects their magistrate for euen to Ethnickes and Pagans such natural seruices be returnable Ecclesiastical communion is that wherein we communicate together in those things which in the Church of God concerne his seruice as publicke praier preaching of the Word participation of the Sacraments This last is cleerly and wholly forbidden the Excommunicare both vpon warrant of Christ his precept Matth. 7.6 Giue not holy things vnto dogges Cast not pearles before swine as also in regard of their fruit and effects lest happily they turne vnto their condemnation because they receiue vnworthily it being the nature of the Sacrament to profit onely the worthy receiuer Concerning the preaching of the word although the vnfaithfull and vnbeleeuers by warrant of the Scripture should haue accesse thereto He vseth this word so often as being the practise where he liued that so they may the sooner be reclamed by repentance yet their case is otherwise who by the Presbytery are giuen vp to Sathan And although that in former time they were not wholly excluded yet neither were they licenced but respectiuely as hauing need of rather correction than instruction conscience than science Concerning the end you alleadge very fitly Pope Nicolas saying That Excommunication is not poison to destroy but Physick to recure Which is true indeed and cleane cuts the throat of your killing office vnlesse perdy with you to kill and to heale are two words of one signification For without all question Excommunication and brotherly correction haue both but one end which end is this that A brother may be gained if it be possible the Church edified the glory of God therby aduāced So saith the apostle in expresse words 1 Cor. 5. First it is his purpose to deliuer vp to Sathan the incestuous person for the mortifying of his flesh that his spirit may be saued And secondly the wicked man is reiected from Communion with the faithfull Iest the Church might happily partake in his infection His words be these 1. Cor. 5.8 Cast you out therfore the old leauen that you may be a new lumpe Know you not that a little leauen leaueneth the whole masse Hereout the third Gods glory will easily be aduanced for when mis beleeuing Infidels shall behold that wicked and notorious offendours be in no case tolerated in the Church it cannot be but they wil greatly commend the founder thereof Iesus Christ our Lord. These things premised so pregnant that they stand without contradiction let vs see their agreement and coherence with the practised excommunication in the Papacy which will appeare void and a meere nullity Brutum fulmen rather than a censure of the Church or an holy and sacred action First it is a right resting in the whole Church But the Pope claimes it absolutely for his owne peculiar so farre as he may absolue and excommunicate at his pleasure yea actually doth both bind and loose Francis Vargas in R●sp de iurisdict Episcop in the most remote places from him The power saith Franciscus Vargas resteth only in his hands to Excommunicate Absolue Dispence Reserue cases Conferre Indulgences Benefices and such like to make Lawes enact Statutes punish reward rule and moderate the Hier archie of the Church All which power and if there be any other of like nature hereto is thought to be deriued vpon Inferior Bishops from the chiefe Bishop alone And not only so but to rest in him as in the Originall and sure head from whom al other do receiue that whasoeuer which they haue As though Christ the springing Well of life or those Fountains from whence we are willed by Esay to draw foorth saluation with reioycing Esay 12. were dried vp and no hope to attaine eternall life but by recoursing to the Cesterns of Rome Thus neuer did the auncient Councels decree it was not their intent that all power in the Church should be confined vpon this proud Tarquine Read and obserue but these Canons The 6. of the Nicene Councell Let ancient Customes bee retained Concil Tom. 1. The Churches in Lybia Egypt and Pentapolis let them obey the Bishop of Alexandria seeing this is the vsage in the Church of Rome In like maner throughout all other prouinces let the Metropolitanes of Antioch and Ierusalem retaine their rights and priuiledges without impeachment What singular priuiledge or prerogatiue hath the Bishop of Rome bestowed on him heere beyond the other his equall Patriarchs The 13. Canon of the Councell of Antioch Concil Tom. 1. Let no Bishop dare to passe from Prouince to Prouince and giue orders in Churches there vnlesse hee bee sent for by the Metrapolitane and the Bishops that bee with him But if not beeing sent for or called at all he shall inordinately and insolently presume to goe and giue Orders make Ecclesiasticall constitutions whereto hee hath no right let there bee a Nullitie of all his acts himselfe be put vnder censure for his insolency and
punished for his vnreasonable attempts as condemned by this synode for such his presumption What more can we say vnto the Bish of Rome who violently intrudes himselfe without being sent for into all causes in all Churches taking euery occasion to intermeddle so insolently and impudently as he doth Of the same argument be the 15.21 and 22. Canons which expresly forbid all Bishops to enter vpon or meddle with ought in any Diocesse beside their owne What neede wee more Can. 6. In the Aphrican Councel there is a Prohibition that the Bishop of the first Sea be not called Prince of Priests or chiefe Priest or by any such like title as these but only Bishop of the first Sea And the 92. Canon of that Councell prouides that no appeales do stand good which are made vnto places beyond the Sea that is to the seat of Rome and if any man shall appeale he is to be excluded from communion with any within the boundes of Africa And hereof there were letters written vnto Caelestinus the then Bishop of Rome wherein the Africans intreat him that he would forbeare from thence forward to receiue into Communion with him any man excommunicated by them which should bee derogatorie to the authoritie of the Churches of Africa and the Canons of the Nicene Councell For say these Fathers very wisely and equally haue they prouided that matters be determined there and not else but there where first they had beginning That it was not to be doubted but that the spirit of grace would be in such sort present in euery prouince as to inable the Priest of Christ wisely to see the trueth and constantly to follow it being seene especially seeing it was denied none if he were aggrieued with the sentence of his Ordinarie to appeale from him to a prouinciall or to a generall Councell vnlesse perhaps a man can imagine that God can giue seuerall men discerning iudgement and deny it or not giue it vnto many conuening together in a Councell And so the first Nullitie in Excommunication Papall is the Incompetencie as they terme it of the Iudge therfore Incompetent because hee vsurpeth on an others right which the Scholemen themselues agnise as sufficient to annihilate the sentence of Excommunication vpon the 4. booke of Sentences and 18. Distinct A second Nullity is that Excommunication is by the Popes denounced against Innocents as well as Nocents For they vse to punish not them alone against whom their quarrells lie but for some one or few mens sake they rage against Cities Prouinces whole Kingdomes as is to be seene in their Bulls where Excommunicating Kings Princes or Magistrates they insnare together all their Subiects which wickednes the Lord doth condemne by his prophet 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ezech. 18.20 The sonne shall not beare the fathers sinne but the soule which hath sinned that soule shall die But this destroyer curseth downe to Hell and deuoureth to perdition not only the son for the fathers fault but onely whole families * which Augustine condemned Epist 75. but populous cities whole kingdomes for the offence if yet offence of their gouernours Wherin there is some ods betweene Christ and him whose Vicar neuerthelesse he needs wil be ●uk 19 10. For * Christ saith he came to seeke and to saue that which was lost but the Pope little priseth myriads of soules bought and redeemed with Christs bloud so be he may raigne and Lord it alone Christ proclaimeth himselfe The annointed of Iehoua Esay 61.1 to comfort such as mourn in Sion to giue vnto them beauty for ashes the oile of ioy for mourning the garment of gladnesse for the spirit of heauinesse that they might build the old waste places and raise vp the former desolations and repaire the cities that were abandoned and waste through many generations But the Pope turneth vpside downe Common-wealths setled well and in peace changing mattockes into speares sithes into swords and sheathing swords in the bowels of men Leo the 10. in whose time liued his like and was a retainer vnto that house I meane Angelus Poli who vsed to say merily vnto his fellows Let vs goe ad audiendam fabulam de Iesu Christo In effect Let go to Church forcing kings to quit their kingdomes altering states lawes times at his pleasure treading vnder foot the crownes of Emperors by pretext of excommunication forcing them to leaue their seat royall and lay their neckes vnder his feet to tread vpon The third nullity is from the causes of Excommunication For tell me whom euer for Idolatry or for Atheisme did hee excommunicate These impieties passe without controlement euen at Rome in the Popes Court which euery man knows that hath read their stories For to say nothing of Idolatry which by prescription in the Romane vse is now receiued for Religion was not that Pope a flat Atheist who in a passage of speech with Cardinall Bembo called the Gospell of Iesus Christ a fable And what I pray you cause was there at all why Henry the 111. the most Christian King of France should so be censured vnlesse for his too great zeale forwardnesse in the superstitions of Rome For as one said very truly At Rome you may be what you will So that you be a rakehell still But lest happily I seeme ouer seuere against transgressions in the first Table hearken what some ages since an ey-witnesse did write I tooke a iourney to see Rome and since I did it see I haue inough Then farewell Rome I 'le come againe to thee When Pandar Brothel Buffon or a Cynede I shall be And lest I be said to produce namelesse authours do but marke what Baptista Mantuan a Carmelite Frier hath written of the maners and customes of Rome S. Peters lust worn family in riot wast their daies Exiling far all honesty when buffons rents do raise Vpon Gods owne inheritance when hallowed altars feed Leud losels and loose Catamites within his Church do breed What maruell though they rise in wealth and houses build on high If Tyrus sends them scarlet gownes Th'arabian spicery And frankincense they vent out much temples are set to sale Priests altars praiers crownes are sold yea heauen nay God and all But what do I insist in this when as Iohannes Casa Archbishop of Beneuento and legat Apostolique with the Venetians in the daies of Iuly the 111. wrot and published a booke in Print in Italian rhythmes Taxa Cancellariae Apostolicae Luter●e apud Toss Dionysian ●520 therein extolling the sinne of Sodomy And to conclude The taxing of the chancery of Rome may witnesse without all contradiction in what low account be at Rome the most grieuous and capitall offences The words of that booke are these The Absolution for him who hath carnally knowen a woman in the church Grossus is the 8. part of an ounce a small fine for such a fault gross 6. The Absolution for him that hath had carnally to
Auarice vnsatiable which prouided and stored vp heaps of coine to maintaine the premised brauerie or at least if that needed not to feede their eies and giue them content in viewing the stamp of their come To fulfill the behest of these Lordes and accomplish all their desires the golden age of Saturne whereof the Poets fable would vneth suffice if againe the world might behold such times And because not any though neuer so fatte a Bishopricke is able sufficiently to content these three Harpyes they haue bethought them of other helps and furtherances in the case For the Popes perceiuing how that the profits and reuenues of the Romane Bishoprick the Patrimonie of Saint Peter greater than kingdomes though none indeed very much impaired by their negligence would not bee inough to maintaine the credit and height of that State which they as Emperors and kings of Nations were determined to exalt therfore they haue intruded vpon other mens flocks which broght forth yong in multitudes yelded plenty of wool milk Thus you see the causes which moued the Popes to trie so many waies to bring them in treasure abusing their office and pastorall charge in euery particular point thereof as if Christ had commanded them not to feed the flocke but to fleece them to flea them to bowell them to eat them For to begin with their incroachments they haue not onely seised the creation of Bishops and collations of all Ecclesiasticall dignities into their owne hands abolishing the ancient right of elections but to speake in the phrase of Nic. de Clamengijs that the golden currents might flow more abundantly from all partes of the world into their Court they haue debard depriued all Diocesans Patrons of their right of presētation or any way disposing of their benefices forbidding vpon pain of their curse see what vse they make of excommunication that they be not so presumptuously bold for in such termes their rescripts do run as to institute any man vnto any benefice vnder their charge vntill those were prouided for euery man or did refuse to accept that benefice vnto whom they had giuen any aduousins themselues in reuersion Since which time good God what swarmes haue there been in all places at all times of those that haue gaped for such presentations Men taken not from the study or from the schooles but from the plough and manuary trades to haue charge of soules and pastorall cares committed vnto them Men that vnderstood the Arabian tongue aswell as they did the Latin a perfect patern of our times that could hardly read nay more I am ashamed to speake it not able to know A from B. And these exactions not yet sufficing to satiate the rauen of the Romish Popes and Cardinals The words at creation of a Cardinall be Esto Princeps mundi frater noster ten thousand shifts were yet further inuented to get and heape money vnto their cofers whereof this is no place to speake For the Colledge of Cardinals growing daily greater the burthen grew greater vpon all countries Because it it was held an absurd thing that such as were aduanced to that place in the Church as to bee fellowes vnto kings should not bee prouided in answerable sort but stand as hungry and starueling mercenaries So that to maintaine and beare out this pride all States both Temporall and Ecclesiasticall were oppressed From hence came the retaining of so many benefices and preferments in nature repugnant one to another while the same man is both a Moncke and a Canon Regular and Secular vnder one seuerall hab it hauing enioying the Rights Degrees Offices Benefices of all Religions Orders Professions Insomuch as that speech spoken of the Iesuites A Iesuit is a man of all professions may better be fitted vnto the Cardinals Peter of Aliaco Cardinall of Cambray in his booke of Reforming the state of the Church which he wrot and presented to the Councell of Constance is very earnest to haue these abuses taken away where he calleth those Pluralities of Church-liuings a monstrous and many waies scandalous offence This is the cause why Iubilies and Indulgences be so dearely bought See the hundred grieuances of Germany grieu 3. that they draw foorth the gold godly life of whole kingdoms as the Princes States of Germany complained at the Diet at Norimberge in the yeare 1522. Their gold is purloined being by the impious Collectors of Rome transported out of the country into Rome godlinesse is banished and cleane extinct while men presuming vpon absolution let loose the reines of liberty vnto all impiety To conclude this bottomlesse pit of greedy desire hath sent foorth excommunications and cursings against Princes and Magistrates as may plainly bee euicted by these examples Gregory the ninth charged Frederic the Emperour that vpon paine of the churches censure he should with all expedition and possible speed Platina in the life of Gregory the ninth passe into Asia against the Infidels And because he was thought to make no very great haste as he had threatned he accursed him indeed Frederic appalled at this proceeding besought the Pope that he might be assoiled but could in no case obtaine it till he had paid in to the vie of the Church of Rome 120000. ounces of gold King Iohn of England standing excommunicate by Pope Innocent the 3. Paulus Aemilius Platina in the life of Innocent the 3. fearing the French King would get his kingdome from him whom the Pope had incited to warre against him that he might bee receiued into grace with his fatherhood was constrained to make England and Ireland his tributarie States and for them to pay yearely vnto Rome 100. markes of gold which Peter whose successour he vaunteth to bee I thinke would neuer haue done who so constantly refused Simon Magus money Thy money bee together with thee to perdition that supposest Gods gifts can be bought with money Their chaffaring of holy things so as they doe is proofe they succeed Simon not Peter but Magus And to draw all vnto an issue By a statute of 〈◊〉 as it were what other cause in truth is there now of this their contending with and excommunicating the State of Venice but this that the carefull wise Magistrate would restraine in some small measure that Romish rauin and insatiable rapine And so your Popes censure ô Baronius being clearely proued so many waies void ought not in any sort to be feared especially now in these daies of ours in which the light of the Gospell hath certainely disclosed what is the true vse of Excommunication which for so many ages past the Popes haue by exceeding strange illusions changed into a most impious tyranny Plinius lib. 8. ca. 16. They write that the Lion a fierce and cruell beast is exceedingly afraid of the running of cart wheeles and empty coatches but especially trembles at the sight of fire These Lions of Venice are not so who often heeretofore being deluded
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