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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A09170	A declaration of the variance betweene the Pope, and the segniory of Venice with the proceedings and present state thereof. VVhereunto is annexed a defence of the Venetians, written by an Italian doctor of Diuinitie, against the censure of Paulus Quintus, proouing the nullitie thereof by Holy Scriptures, canons, and catholique Doctors.	Manfredi, Fulgenzio, attributed name.	1606 (1606)	STC 19482; ESTC S114206	32,389	92

was so poore that he was faine to borrow those Cattell as some Doctors doe expound it the reason is for that if hee would haue taken vpon him the Authoritie of a Prince he would not haue said Opus habet but Dominus ita praecipit or some other such like To conclude they which iudge this proposition of ours hard to bee prooued doe say generally that Christ when hee entred triumphantly into Ierusalem the day of the Palmes tooke vpon him the Authoritie of a temporall Prince Whereupon the Euangelist alledgeth the prophecie Ecce Rex tuus venit tibi sedens super asinam super pullum filium asinae but hee that considereth the matter may perceiue that albeit our Sauiour was the promised King and Messias yet entring into Ierusalem in that base and abiect sort he shewed not to take vpon him the Authoritie of a Prince temporall but rather as hee said to Pilate that his Kingdome was not of this world but spirituall and eternall for temporall Kings enter into the Cities of their Kingdomes in an other maner of Pompe then Christ did sitting vpon an Asse and an Asses Colt ¶ The third Proposition OVr Lord Iesus Christ hauing neuer vsed the Authoritie of a temporall Prince it may not be said that hee left this Authoritie to S. Peter and his successors which are his Vicars seeing the Vicar is neuer more then his principall Wherupon Soto treating vpon this point lib. 4. Sententiarum and Cardinall Bellarmine de Autoritate Papae say that they wonder at the Canonists that they durst without any reason or authoritie of the New Testament affirme Quod Papa sit Dominus totius orbis directè in temporalibus A doctrine indeede ill founded and scandalous I know well that some besides the Canons which as humane Lawes in concurrencie with the Diuine can haue no equall Authoritie doe say that Tho. Aquinas lib. de Regimine Principum Cap. 10. 19. affirmeth the Pope to bee Dominus totius Orbis in temporalibus inspiritualibus But that Booke is not his as Cardinal Bellarmine sheweth li. de potestate Papae For besides other assured coniectures this is one That in that Booke lib. 3. cap. 20. he makes mention of the Succession of Adolphus the Emperour after Rodulphus and of Albertus after Adolphus which were the first Anno 1292. The second 1299. And Tho. Aquinas died Anno 1274. They cite moreouer an other place of Thom. Aqui. lib. 2. sent distin 44. where he saith Esse in summo pontifice apicem vtriusque potestatis Temporalis Spiritualis But he that reads the Text may see that Thomas was of a contray opiniō for hauing said that in matters Temporall the Temporall Prince ought rather to be obeyed then the Spirituall and in matters meerely Spiritual rather the Spirituall then the Temporall hee concludes that if it were not the Pope who hauing in the Prouinces subiect vnto him both Iurisdictions hee ought of his subiects to bee equally obeyed in the one and the other To weaken the force of this our Proposition some say that Pope Alexander 6. diuided the Indies to the Kings of Spaine and of Portugale Because hee as Christs Vicar was the naturall Temporall Prince therof and that Pope Leo 3. gaue the Empire of the West to Charles the great by the same reason But these men are very much deceiued sith Alexander not as Lord of the Indies but as Compromissary Iudge elected betwixt the Kings to appease and quench the flames of Discord by sentence determined that the seas should be diuided and that the Armadoes of the one should passe through one of those seas and the other through the other and that whatsoeuer was gotten or cōquered on either side Iure belli should be the Conquerers according to the diuision made by him as the Historians of that time report T is true that Leo 3. being chased from the See of Rome and reestablished by Charles the great caused the people to proclaime him Emperour as Platin saith which act the Historians doe attribute to the people of Rome who seeing the Empire euill gouerned by the Grecians Iure antiquo did elect an other Emperour Now they say that Charles being Patron of the State bought the title thereof of Irene and Nicephorus that were Emperours and that Irene Nicephorus were content therewith In summe be it as it will it is certaine that the Pope being driuen from his seat and being possessour of nothing gaue no Empire to Charles who already Iure belli was Patron thereof And that he gaue him the absolute title thereof it is not a thing certaine and if it were yet it may bee answered aswell in this case as in others alledged against our Propositiō that the Pope not hauing from Christ any authority in Temporall things as hath beene and shal be said more cleerely in the next Proposition if hee haue taken to him any such authoritie or hath done it by consent of the interessed or for that hee hath any Temporall power by any of the foure meanes aforesayd yet for all this hence it is not proued that he hath direct authoritie in Temporall things from our Sauiour Christ And besides many things are done by many men whereof if it be sought Quo iure they doe them it will not easily be found ¶ The fourth Proposition THe authoritie promised by Christ to Saint Peter vnder the Metaphor of the Keyes is meerely Spirituall Tibi dabo claues Regni Coelorum hee saith not Regni terrarum and reason teacheth that which is read in the Hymne of the Church Non Eripit mortalia quia regna dat Coelestia for the Temporall kingdome and the Monarchie was founded from the beginning by God the great Monarch of the world in what sort that should bee gouerned So that Christ our Sauiour did not found the Monarchie Temporall It remayneth then to say that hee founded the Spirituall which is plainely seene in Saint Ioh. cap. 20. where he hauing said Omnis potestas data est mihi in Coelo in terra yet giueth hee it to the Apostles and amongst them to Saint Peter limited and with reseruation Insufflauit in eos dixit Accipite Spiritum Sanctum quorum remiseritis peccata remittuntur ijs quorum retinueritis retenta sunt where both by the act that Christ doth by the words he speakes is gathered that the authority of the Pope is Spirituall and ouer sinne and only ouer soules according to the wordes of that prayer of the Church to Saint Peter Qui beato Petro potestatem animas ligandi atque soluendi tradidisti the which is limited as is said yea the authoritie of Excommunication giuen to Saint Peter is conditionall Math. 18. Si frater tuus in te peccauerit Ecclesiam non audiuerit sit tibi sicut Ethnicus Publicanus In the which place our Sauiour giueth authoritie to Excommunicate but the sinne and obstinacie in the sinne presupposed ¶ The fift Proposition

trueth concerning Englands continued claime of her owne Imperiall rights and her manie prouisions decrees and consultations tending to the renunciation or abdication of any the Popes Interest or intermedlings in England In the 14. yeere of K. H. 1. the Popes Authoritie was so little esteemed in England as that it was come to that passe that no persons were permitted to appeale to Rome in cases of Controuersie Their Synods and Councels about Ecclesiasticall affaires were kept without seeking any his licence or consent And they would not obey such Legates as hee sent nor come to the Conuocations which they held In the 31. yeere of K. H 3. The Pope vnderstanding that diuers rich beneficed men in England died Intestate he ordeined a Decree That the goods of any Spirituall persons dying Intestate should remaine to the Pope which Decree purporting the Popes oppressiō in preiudice of this Realme and the suruiuing friends of the deceased the King in no sort would suffer to take place And the same King by his Letter Inhibitorie did flatly forbid a talage of the Cleargie which the Pope about that time had required In the 30. of E. 1. the Popes Peter-pence being not his due but rather the King of Englands Almes were denied to the Pope In the 17. yeere of K Edw. 3. the Commons pray the Kings assent to banish the Popes power quite out of England And in the same yeere vpon the Popes intruding of himselfe to make a peace betweene the King and France King Ed. sent him word That if hee would mediate betweene them as a friend hee would heare him but in no sort if he intermeddle as a Iudge In the 50. of E. 3. the Commons complaine that all the miseries of the Kingdom come by the Popes vsurpation beseeching the King this being the 50. and the Iubile yeere of his Reigne that hee would ioyne with them to cast him out for that he doth not pasture but pill Gods sheepe In the times of E. 3. R. 2. H 4. and H. 5. sundry Statutes were made against then that out of the Court of Rome obtaine or pursue any personall Citations against the King or any of his Subiects or that procure from thence any impetrations and prouisions of Benefices and offices of holy Church And for that as I before declared the Pope on the other side opposed to these Statutes his Interdicts and sentences of Excommunication against the obseruers of the same In the 13. yeere of R. 2. the said Excommunications also are so farre disauowed as that for the maintenance of the Liberties of the Kingdome and the dignity of the State it was ordained That if any did bring or send within this Realme any summons sentence or excommunication against any person for the cause of making motion assent or execution of the said Statute of Prouisors he shall be arrested imprisoned and forfeit all his Lands and Tenements goods and cattels for euer and moreouer incurre the paine of life and member And a Prelate making execution of such summons or sentence to forfeit into the Kings hands all his Temporalties Neuerthelesse for a long space after whether by reason of our continuall ciuill broyles in England which scant affourded any leisure of thinking much lesse of prosecuting vpon this cause or for that the superstitious ignorance of those times did entangle or rather captiuate the consciences of our people this point of the rights appertaining and incident vnto the Royall power Maiesty of this Imperiall Crowne and of the Popes vnlawfull oppressions and vsurpations within this Land lay asleepe was silenced and suffered open wrong vntill the latter dayes of K. H. 8. who instructing himselfe by the conferences and disputations of his learnedest Diuines and by the aduise and assent of the whole State assembled in Parliament fully and finally decided this question with the absolute exclusion and extermination for euer out of this Realme and the Dominions thereof of any the Popes Authoritie and Iurisdiction Thus hath God his prefixed periods for the producing at the last of that trueth which hee oft suffereth his Church to be long in trauaile of Then why should not we likewise reteine some comfortable conceits of Gods accomplishing and bringing to an happy effect of that worke in the Venetian State though sensim gradatim whereof hee hath of his prouidence and goodnesse and by occasions which for the iustice thereof may expect his blessings begun and layd so likely groundworkes ANd now my good friend for a closing conclusion to this my ouerlong letter as remembring wherefore I ted this tale Lend me a little more of your gentle patience whilest I draw out of the fresh remembrance of this Relation some satisfactory vse for the iustification of the Nationall Lawes of England and the Iustice of our Magistracie from the scandalous imputation of crueltie in our prosecutions against our professed Aduersaries transgressing our Politicall and poenall Ordinances Which I will comprise in a comparison betweene our English proceedings with these of the Venetians not intending at this time to sort out for them any other example or presedent then what I here haue already with my best iudgment wel obserued knowing that if I should post through France Spaine Italy and all Germany to collect proofes demonstrations to that purpose it would be as to me a labour supererogatory so to them whom nothing will satisfie like a charme to a deafe Adder It cannot be obscure to the whole world That our Royall kingdome hath for many yeeres together quite expelled the Pope with his Supremacie and superstition where the Venetians for any thing yet of publique note haue not fallen from him in any point of Religion no not disauowed his gouernance or Supremacie in causes Ecclesiasticall but onely excepted against his intrusion into the right of their owne Iurisdiction in causes on their part iustifiable by all humane and Diuine rules Yet haue they resolued vpon and pursued courses no whit inferiour in rigour and extremitie to the sharpest Lawes made with vs in so long a time and after so manifold and violent occasions Yea though the matter concerned vs in the deepest degree euen of vter esset vter imperaret both our regall and Imperiall rights lying at the stake in conflict with the Papall vsurpations and our Religion Peace Iustice and tranquillitie being continually infested by the positions oppositions practises and iniuries of the Romish faction You see the Commands and prohibitings of the Venetians to be all accompanied with the terrors of death which is vltimum in malis I doe not taxe or dislike this their seeming austeritie But I inferre that as necessitie coacteth them to be seuere so that our Lawes being enforced from vs by the like coaction haue also the like defence of naturall reason and primatiue Iustice in the righteous directions whereof they and wee doe agreeingly concurre What doe you thinke they would doe if they had once made a generall reuolt or

giue it a better institution shewing that this is a commandement to all both Clergie and Laity which hee declareth in the beginning saying Omnis anima potestatibus sublimioribus subdita sit etiamsi Apostolus Euangelista Propheta aut quisquis tandem fuerit Let euery soule be subiect to higher powers whether he be Apostle Euangelist Prophet or whosoeuer And for all that doeth not this subiection subuert pietie Whereupon in the old Lawe although the Leuites had a high Priest that was Aaron yet in temporall things causes and iudgements they were subiect to Moyses their temporall Prince as Couuarruuias prooueth Cap. 31. quaest prateca Nu. 3. And in the Primitiue Church there was no difference of Tribunall or Iudgement seate for Iustinian the Emperour was the first which at the request of the Bishop of Constantinople granted that the Cleargie in Ciuill causes might be iudged by their owne Prelates without preiudice notwithstanding to himselfe In which case and in all criminall faults he left it so that the Clergie should be subiect to the Prince and to the Ministers of the Prince temporall as is plainely to be read Nouell Constitu 85. Neither because Constantine the Great said to some Ecclesiasticall persons presented vnto him Vos à nemine iudicari potestis quia ad Dei iudicium reseruamini as Gratian writeth Cap. 12. quaest 1. Can it bee gathered that they be not subiect to secular Princes for this was an excesse of that Emperor to shew himselfe towards the Church benigne and deuote But it was not because he thought so indeed for if he had said true they could not be iudged by Prelates neither the wordes being ad Dei iudicium c. which would be a grieuous errour The Clergie then as well as the Laitie de iure diuino are subiect to the secular Prince Omnis anima potestatibus sublimioribus subdita sit the reason is that as none is excepted from the obedience he oweth to God so hee cannot be excepted from the obedience which is due to the Prince For as the Apostle addeth Omnis potestas est à Deo for which Kings and Secular Princes by the Prophet Dauid are called Gods Deus stetit in Synagoga Deorum in medio autem Deos dijudicat for as King Iosaphat declareth Lib. 2. Paralip Cap. 19. The Secular Iudges Non hominum sed Dei iudicia exercent The same place Christ citeth in Saint Iohn Cap. 10. and confirmeth that the name of Gods belongeth vnto them Si illos dixit Deos ad quos sermo Dei factus est as Bellarm. learnedly noteth Cap. 3. Lib. de Laicis The Apostle goeth forward and sayth Qui potestati resistit Dei ordinationi resistit behold here the Authoritie that Princes haue to make Lawes vpon euery matter which shall binde euery person according to that which is read in the Prouerbs of Salomon where God sayth Per me Reges regnant legum conditores iusta decernunt Hence is it that the Christian Emperors Iustinian and Theodosius in the Code haue made many lawes concerning Ecclesiastical persons their goods and gouernment vnder the titles of Episcop Cler. Sacrosanct Ecclesiis To these Lawes the Apostle commandeth obedience without resistance because they which shall make resistance Ipsi sibi damnationem acquirunt that is do commit mortall sinne wherein if they die they shall be condemned to the eternall fire of hell Moreouer the Apostle commandeth to pay to the Prince Tribute of euery thing Cui vectigal vectigal cui tributum tributum sunt enim ministri Dei ad tributa which place the Angelicall Doctor Thomas Aquinas master of Diuines the sonne of the Cath. schoole sayth That if the Cleargie be free from Tribute they haue not that Priuiledge as some thinke Iure diuino but ex priuilegio Principum speaking there of Secular Princes Finally I conclude with Saint Paul for the authoritie of the Prince Non enim sine causa gladium portat Dei enim minister ad vindictam behold the authoritie of the Secular Prince Punire poena sanguinis which the Ecclesiasticall Prelats not hauing after they haue disgraded malefactors of the Clergie and declared them vnfit for Ecclesiasticall degree they can goe no further but to haue them punisht by death deliuer them to the Secular power And that no man should thinke that his words were words of counsell and not of precept to make all sure the Apostle affirmeth Ideo necessitate subditi estote non solùm propter iram sed etiam propter conscientiam So that wee are bound in conscience to obey the Secular Prince in all things abouesaid as we are taught by S. Paul ¶ The second Proposition OVr Sauiour Christ although as the Sonne of God equall to the Father is Rex Regum Dominus Dominantium Notwithstanding beeing clothed with our mortalitie neither before his death nor after his most holy Resurrection did hee exercise power as a temporall Prince Hee had no temporall kingdome as he said to Pilat asking him Rexestu he answered Tu dicis but though I be a King notwithstanding Regnum meum non est de hoc Mundo that is a Kingdome temporall Wherupon when those people which were miraculously fedde by him with fiue loaues and two fishes would haue made him a King aufugit ne raperent eum facerent ipsum regem Hee would iudge no man for he answered to those which would haue had him giuen sentence in one of their controuersies Quis me constituit iudicem super vos yea hee acknowledged Pilate the minister of Caesar for his iudge Non haberes in me potestatem nisi tibi data esset desuper as S. Thomas noteth in the Epistle to the Romanes Finally he commanded that tribute should bee paide to the secular Prince Caesar Reddite quae sunt Caesaris Caesari Some do oppose to this proposition of ours saying though Christ paied tribute to Caesar for himselfe and Peter yet he said that he was not bound to pay it Nunquid filij debent soluere tributum wherein say they he tooke vpon him the right of a temporall Prince who is exempt from tribute To this is answered that those of the Countrey as some Doctors say called by the name of Children were not bound to pay tribute and he being of the Countrey and S. Peter also he affirmed that he was not bound Others to further contradict this proposition doe alleadge that Christ did cast out the buyers and sellers of the Temple Which is answered that hee did this as a Prophet vpon zeale for to the like purpose the Euangelist citeth the verse of Dauid Zelus domus tuae comedit me Others say that when he sent his Disciples to bring him the Asse and the Colt he appointed them to say to the master Dominus opus habet that is The Lord of all the world But that place is not vnderstoode to drawe from thence the authoritie of a Prince but to signifie that the Lord of heauen and earth