conuenient for themselues to tell him Particularly the assurance which the King gaue that hee would not assist the Pope but for the defence of his owne Estate against forraine Nations and further that he might know how the Republique treated with the French But the Nuntio would neuer consent to treat no not secretly with the Ambassador of Venice Although the businesse of the agreement was in the hands of two great Kings neuerthelesse the great Duke of Tuscany had an excessiue desire that by his meanes it might bee ended Whereupon he complained vnto the Resident of the Republique with him and also made it knowne by his Resident at Venice that hee had effectually employed himselfe with the Pope not to any other end then for the quiet of the Repub. in which hee had no other interest then that of amitie his owne affaires being in good case and very well setled That if there had beene any correspondence on the side of the Republique by communicating vnto him their intentions and giuing him some liberty to treat hee had peraduenture brought the affaire to good termes adding withall a large discourse of the profit and aduantages of Concord of the damages and incommodities of Warre The Senate made answer to his Resident and gaue order to Robert Lio Secretary of the Signiorie who was with his Highnesse to let him vnderstand that his sinceritie and good will was well knowne vnto them that the offices which hee had done with the Pope were acceptable and that his discourses were very true but the times were such that the Republique could not condescend to any particular proposition before the Censures were remoued because the Pope hauing interrupted all commerce and meanes of treatie it was meet that hee should open the way by taking off his Censures which way once opened they might then aduise vpon the propositions which they should finde most proper to put an end to the differences This answer being made by Robert Lio to the great Duke he replied That his intention was very good for the good of the Republique which he would alwaies procure if he were required that his owne affaires were not in any bad case that he should desire a change that he was aged and therefore his counsels merited to be followed that on both sides notable faults had beene committed by passion and that there was need of a Physitian that they might make vse of him to that purpose that he had spoken freely to the Pope who was in some diffidence with him because he had not offered him succours as did others that the Pope was well inclined but the Cardinals did ill offices that he would yet further imploy himselfe for the Republique and speake in their behalfe if they thought well otherwise he knew not what he could do When the proposition of the Senate was arriued in France by which the King was desired to make some declaration his Maiestie answered That the Nuntio of the Pope had required of him the same in the name of his Holinesse But he saw very well that in declaring himselfe he should doe nothing else but render himselfe suspected on the one side and consequently depriue himselfe of all power to be a Mediator for an accord and vtterly to breake off the treatie already begun Vpon this reason he did not thinke fit to declare himselfe for either partie or to fauour the reasons of the one or of the other but remaining neutrall to continue the treatie of agreement which might bee more profitable to both parties then the declaration could be aduantageous to either of them and so much the rather because he had a good hope very quickly to finish it also that the Senate must needs yeeld a little because the Pope was not vnwilling to haue all accommodated But the King of England although hee was much busied by the presence of the King of Denmarke his Brother in Law in such sort that he could not thinke on any other affaire or giue audience vnto any Ambassador yet hauing notice that Iustimano the Ambassador of Venice had something to say vnto him he heard him and after hee had vnderstood all the progresse and successe of matters passed with the demand of the Senate He answered That he was much comforted to vnderstand the Constancie of the people and the Vnion of the Senate to the defence of their proper liberty of Iustice and of the Power giuen by God to all Princes Hee laughed at the declaration of Spaine made only by a Letter saying that he who will come to effects is not wont to giue words that He was obliged to the Repub. for the affection which they had testified to him and for their demonstration of Honour towards Him in sending their Ambassador Ordinarie and Extra ordinarie And therefore that there was contracted betweene them an amitie reciprocall and sincere so as there should neuer be occasion of rupture betweene the Republique and Him that Hee could not say so much for others But for that which the Senate then demanded He held himselfe obliged to condescend First because in iudgement He approued the actions of the Republique and secondly since they had a great cōfidence in Him that He should shew himselfe ingratefull and vniust if He refused to protect a cause so righteous wherein the Senate onely defended themselues from oppression and susteined their liberty together with the authoritie of all Princes that it was indeed a prudent aduise to proceed herein with dexteritie to auoid Warre and Troubles but if the violence of others would needs bring all to a rupture the Senate might rest assured that in the word of a Prince hee would assist the Republique with all his forces That he had giuen charge to his Ambassadour at Venice to performe more amply the same Office not being able then to say more for the presence of the King of Denmarke The Earle of Salisbury by commandement from the King confirmed the same things to the Ambassadour and added thereunto that the King was not moued to assist the Republique for any designe that he had to diuide the Members of the Romane Church from their Head that he knew well they meant not to leaue their own Religion wherein he did not blame them that he was carried to this resolution by the Declaration which the Spaniard had made for the Pope that his intention onely was to oppose himselfe to those who assaied to depriue Princes of their Libertie and to aid those that would sustaine and defend it The Ambassadour of England at Venice spake on the same manner saying That he had particular Commandement from the King his Master to oblige him vnder the Word of a King to a neere Vnion with the Republique to assist them with Connsell and Forces as also to labour with all his Friends that they should doe the same nor for any base ends or priuate interests nor for to foment a diuision nor to come into concurrence or opposition with
that they were cōdemned by the Councell of Pope Symmachus by that of Lyons vnder Pope Gregory 10. as also by the Decrees of the Councels or Assemblies of Constance and Basil that this matter had been declared against Henry 2. King of England against the Kings of Castile and against the Kings Charles the 2. and Charles the 4. That he knew well there were some Doctors Canonists who approued that Law forbidding the alienation of Lay mens goods in fauour of the Clergie but that they were of small number and account and spake against the common opinion And in case there yet remain'd any doubt he did then declare that all these Lawes were contrary to Ecclesiasticall Liberty Besides he caused to be read a Constitution of Innocent the third vpon a certaine Edict of Henry Emperiour of Constantinople and proceeding to speake of criminall iudgements against persons Ecclesiasticall hee said that the Venetians pretended to haue some priuiledges which not withstanding they did extend to places and causes not comprised in them euen against the persons of Bishops He commended further his patience hauing so long time expected their repentance by reason whereof he might without further delay or granting any longer terme come to the Interdict but mitius agendo hee had deliberated to giue them respite of foure and twenty daies more and that he might doe all things canonically he was content to take the voices and suffrages of the Cardinals Whereupon each one gaue his suffrage and first the Cardinall Pinelli commended his Holinesse for that he had assigned foure and twenty daies for terme of respite because so much had beene assigned to Henry 3. King of France The Card. d'Ascoli made a signe with his head that he was of the same opinion without speaking word which could be vnderstood as also hee had done vnder Clement 8. when the Monitorie against the Duke Caesar d'Este was published The Card. of Verona hauing praised the zeale of his Holinesse who had proceeded he said in this affaire lentâ festinatione he added that in a Senate composed of so great a number of persons as was that of Venice things could not be dispatched with such speedinesse that it was not good to bee too hastie against a Repub. which had well-merited that the businesse might well be yet a while deferred vpon hope thereby to gaine them and in the meane time men might haue time to weigh their reasons and he concluded with these words Sed differ habent paruae commoda magnamorae But defer holy Father little delaies sometime bring great commodities At this word the Pope interposed and said that he had done nothing of his owne proper iudgement that he had aduised with learned men and beene directed by their counsell Whereupon the Card. replyed if this were so he could not contradict that which had beene resolued by his Holinesse The Cardinall Sauli said that the Venetians had beene too long forborne and heard that it was meet to vse rigor against them to make them yeeld therefore for his part he thought it good to proceed with courage in this businesse referring the issue to God whose cause was handled The Card. of Saint Cecile said that he lamented the condition of the times which forced his Holinesse to haue recourse to such remedies but withall hee reioyced that in this his Holinesse had not any humane respect but aimed onely at the honour of God and the dignity and liberty of the Church The Card. Bandini praised God who had giuen occasion vnto his Holinesse in the beginning of his Papacie to purchase vnto himselfe an immortall renowne by restoring the Ecclesiasticall liberty and iurisdiction The suffrage of Card. Baronius grounded vpon that Theme that the ministery of S. Peter hath two parts the one to feed the other to kill hath beene so often published that it seemes not needfull here to mention it The Card. Iustiniano said that he conformed himselfe to the iudgement of his Holinesse being iustly taken vpon a case notorious Notorietate facti notorietate iuris that he saw not what excuse the Venetians could alledge that to wait any longer should be to nourish them in their sins and to partake with them vpon these reasons he commended the resolution of his Holinesse The Card Zapata said that the delay of twenty foure daies was too long and that the Ecclefiastiques vnder the Venetians were in worse condition then were the Israelites vnder Pharaoh The Card. Conti gaue thanks to God who in these times had giuen a Pope vigorous of age and strength which by his zeale and vertue could and would restore againe Ecclefiasticall liberty and the authority of the See Apostolique All the rest with few words consented or after a repetition of the reasons vrged by the Pope confirmed them or amplified the reasons and allegations of the Canonists Which being done they passed to Consistoriall propositions according to their custome The number of Cardinals present in this Consistorie were forty and one the Cardinals of Como Aldobrandin Santiquattro and Caesis not going that morning No other thing could be expected from the Cardinals but that they would consent to the deliberations of the Pope some by their proper inclination being carried to the same opinion as being passionate for the Ecclefiasticall liberty others because their particular interests by reason of the pretensions which they might haue vnto the Papacie forced them to accord others had not the boldnesse to contradict the Pope in any matter lest they should so cut off the hope of profit from them or theirs in which regard one of them excused himselfe saying that if he had said any thing against the designe of the Pope he had much endamaged himselfe without any furtherance to the Republique And it is a thing without doubt in the Court of Rome that the Cardinals voices are taken in Consistorie onely in apparence and by way of ceremonie in as much as they are neuer informed of the affaire whereof they are to treat but of the fact alone which is presented or at the most they haue no further information then those few words which the Pope is pleased to speake two seuerall times in Consistorie as hath beene said And not seldome matters are propounded whereof they neuer heard word So that the Popes goe with assurance to propound in Consistorie whatsoeuer is to their humour grounding vpon the custome which is among the Cardinals to consent to all that which is proposed which is openly derided in the Court of Rome changing the Latine word by the figure of agnomination assentiri into assentari This Consistorie thus finished the Monitorie was affixed in the accustomed places of the City of Rome and incontinently scattered euery where an infinite number of Copies being imprinted partly in Latine and partly in the Italian which were sent thorowout all the Cities of Italie and into the State of Venice it selfe were dispersed a great quantity which had been sent vnto the
long his comming not because he hoped by his presence to finde or admit any composition being already resolued and fully in his minde determined to pursue against the Republique the iniuries which they had offered vnto the Church but because hauing said to many Ministers of Princes that he would giue audience to that Ambassador he could not well proceed till first he had heard him speake being extreamely vexed to see daies passing without comming to execution Likewise he writ a new to his Nuntio's which he had with all Princes commanding them in his Name to make complaints against the Republique which being knowne at Venice the Senate resolued to write vnto all Courts and to send ample instructions to all their Ambassadors to the end that on all occasions they might demonstrate the iustice of their cause with their vniust vexations by the Pope In the end of March Duodo the Extraordinarie Ambassador arriued at Rome who was not suffered to passe the first Audience in Complements according to the custome but the Pope without other discourse falling vpon the businesse heard him courteously yet would not answer to any particular although the Ambassador propounded to his consideration the seuerall reasons pertaining to each Controuersie But staying only on the generall he said that the exemption of the Ecclesiastiques was de iure diuino and therefore he would not now content himselfe with what he formerly had propounded the restoring only of the one Prisoner that he would not meddle with things Temporall but their three Lawes were vsurpations that he was not moued with any passion and that his cause was the cause of God that the Ordinary Ambassador had often repeated vnto him these same allegations but all were of no force and that he would heare him to doe him a pleasure but not to depart in any thing from his resolution that he would be obeyed and such other like discourses The Ambassador to stay a little this torrent and to giue him time to be thinke himselfe offered to write to Venice what was his resolution wherewith the Pope was content counting in what time the Currier might returne with an answer and threatning that hee would not waite one moment longer Which thing being knowne at Venice it was resolued that all should be communicated vnto the Ambassadours of the Emperour of France and of Spaine The Ambassador of the Emperour said that his Master desired Peace and that in such matters he would not foment the will of the Pope The Count of Cante-croix approued all the reasons which were represented to him by the example of Francke a County in his Countrey where the same things are obserued Monsieur de Fresne Ambassador of France answered that he knew not what to make of these Pontificall Lawes by which Princes are forbidden to Gouerne their Estates and that in all reason the Repub. ought to preferre their Libertie to all other respects for salus populi suprema lex esto the weale of the people ought to be the Soueraigne Law Duodo as the custome is visited the Cardinals and had speech with all of them touching the differences in question and although they answered differently yet it appeared they had no great hand in the affaire saue onely that they heard it propounded in the Consistory vpon the twelfth of December and the twentieth of February Duodo did not cease in other Audiences which the Pope gaue him to assay if he could any way asswage him hoping that the differences might be reduced to some termes of accord if he might finde meanes a little to hinder his Holinesse from his headlong courses But the Pope still shewing himselfe resolute saying that he had vsed a very great patience that the Senators were still more obstinate and his condition euery day worse for he vnderstood how it was openly spoken in Venice that they were not purposed herein to giue him any satisfaction that therefore he could not abandon his reputation that in the Senate there was not one that vnderstood these matters and that they were content to consult thereof with their Doctors but that hee had written to such Persons as were able to set their Doctors to Schoole and concluded that he would proceed with his Spirituall Armes but in other things he would account of the Venetians as of his children The Ambassadour hearing his resolution and knowing it would be to little effect for him to reply retired himselfe from the Audience with few words but full of prudence and grauitie The day following the Cardinals of Verona and Vicenza found meanes to insinuate themselues neere the Pope and to talke with him vpon this subiect where they did very good and effectuall offices exhorting his Holinesse to vse some delaies whereto he answered that he had deferred but too long that the offer by him proposed to the Ambassadour Nani had beene esteemed not worthy an answer that he had heard the Extraordinary although he spake big that he had fiue and twenty or thirty Letters from Venice whereby hee had notice that hee could not hope for any satisfaction Yet notwithstanding all this that he would yet giue terme of foure and twenty dayes which was enough time to giue them for their repentance The Cardinals represented vnto him with many and powerfull words what damage might follow if the Spirituall armes should be contemned To which the Pope answered that then he would employ the Temporall And so without communicating that which he had in minde to many persons he caused to draw vp and imprint a Monitory against the Republique which after reuiewing and finding it not to his liking hee changed it and at last composed and made to be imprinted another dated the 17. of Aprill purposing to publish it that day in Consistory But that morning he was found very much troubled in spirit and perplexed what he should do and the houre approching the Cardinals being already assembled he began profoundly to consider within himselfe whether to proceed as he had determined or to deferre the businesse till some other time But the Cardinall Arrigon who according to the custom of the Cardinals which haue part in the Gouernment was not descended into the Hall with the rest but was gone vp into the Chamber of his Holinesse with his Nephew for to accompany him downe exhorted him by no meanes to relent Whereupon againe resoluing vpon his former purpose he entred the Consistory where he made recitall of his pretensions against the Republique inlarging his speech particularly vpon that Law by him called of Farmes Emphyteuticke although he said he had written nothing thereof to Venice nor tretaed of it with the Ambassador saue only that he had told him he had obserued it He adioyned that he had first himselfe studyed these points then he had conferred thereof with the most famous Canonists who did conclude that the ordinances of the Republique were contrary to the Authority of the See Apostolique and to liberty Ecclesiasticall all edging further
both reall and personall greater or lesser according to the exigence of times and places which hath bin also practised in other Realmes and Principalities being alwayes exempted as well by Emperours as other Princes from the power of inferiour Magistrates but not from their owne Soueraigne authority That the Exemptions granted by Popes vnto the Order of the Clergie haue not beene admitted in some places and in others admitted only in part and that they haue been valide only so farre as they haue beene receiued that notwithstanding any Exemption the Prince hath still Power ouer their persons and goods whensoeuer necessity constraines him to serue himselfe of them And if at any time they should abuse such Exemption to the perturbation of the publique tranquillitie that the Prince is obliged to prouide a remedy Another point of their Doctrine was that the Pope ought not to thinke himselfe infallible vnlesse where God hath promised him his Diuine assistance which some Moderne Doctors say to bee onely in necessary points of Faith and when hee vses fit meanes to that purpose of diuine Inuocation and of Ecclesiasticall consultations But the authority of Binding and Loosing ought to bee vnderstood with this Caution claue non crrante seeing God hath commanded the Pastor to follow the Merit and Iustice of the Cause and not his owne inclination that when the Pope vpon any difference with Princes passes on to thunder out his Censures it is permitted vnto the Doctors to consider whether he hath proceeded claue errante aut non errante And the Prince when he is assured that the Censures thundred against him his Estates and subiects are inualide may and ought for the conseruation of publique peace hinder the execution thereof preseruing his Religion and the reuerence due to the Church and that according to the doctrine of S. Augustine the Excommunication of a multitude or of Him who commandeth and is followed by a great number of people is pernicious and sacrilegious that the new name of Blinde Obedience inuēted by Ignatius Loiola vnknown to the Anciēt Church and to al good Diuines taketh away the essence of that vertue which ought to work by certain knowledge and election exposeth vs to the dāger of offending God doth not excuse him who is deceiued by the Ghostly Father and may ingender seditions as it hath beene seene within these forty yeares since that abuse hath beene introduced On the contrary the Doctrine of the Romane Writers or Papalins affirmed That the Temporall Power of Princes is subordinate to the Power Ecclesiasticall and subiect to it consequently that the Pope hath authority to depriue Princes of their Estates for their faults and errors which they cōmit in Gouernment yea though they haue not committed any fault when the Pope shall iudge it fit for the good of the Church that the Pope may free Subiects frō their obedience and from their oath of Fidelity which they owe vnto their Princes in which case they are obliged to cast off all subiection and euen to pursue the Prince if the Pope command it And although they all agreed to hold these Maximes yet they were not at accord touching the manner for they that were touched with a little shame said so great an authority did not reside in the Pope because Iesus Christ had giuen him any Temporall authority but because this was necessary for the Spirituall Wherefore Iesus Christ giuing Spirituall authority had giuen also indirectly the Temporall which was a vain shift seeing they made no other difference then of Words But the greater part of these men spake plainly that the Pope hath all Authority in heauen and earth both Spirituall and Temporall ouer all Princes of the World no otherwise then ouer his Subiects and vassals that he might correct them for any fault whatsoeuer that he is a Temporall Monarque ouer all the earth that from any Temporall Soueraigne Prince men might appeale to the Pope that he might giue Lawes to all Princes and annull those which were made by Them For the Exemption of Ecclesiastiques they all with one voyce denied that they held it by the grace and priuiledge of Princes although their Lawes to that purpose Constitutions and Priuiledges be yet extant but they were not agreed how they had receiued it some of them affirming that it was de iure diuino others that it came by Constitutions of Popes and Councels But all consented vpon this that they are not Subiects to the Prince euen in case of treason and that they are not bound to obey the Lawes vnlesse it were vi directiuâ And some passed so farre as to say that the Ecclesiastiques ought to examine whether the Lawes Commands of the Prince beiust and whether the people be obliged to obey them and that they owe not vnto the Prince either contributions or customes or obedience that the Pope cannot erre or faile because he hath the assistance of the Holy Spirit and therefore that it is necessary to obey his Commandements whether they be iust or vniust that to Him appertaines the clearing of all difficulties so as it is not lawfull for any to depart from his resolution nor to make reply though the resolution be vniust that though all the World differ in opinion from the Pope yet it is meet neuerthelesse to yeeld to Him and he is not excused from sinne who followes not his aduice though all the world iudge it to be false Their bookes were also full of such other Maximes that the Pope is a God vpon earth a Sunne of iustice a Light of religion that the iudgement and sentence of God and the Pope is one same thing as also the Tribunall and the Court of the Pope and God that to doubt of the power of the Pope is as much as to doubt of the power of God And it is notable what Card. Bellarmine hath boldly written that to restraine the obedience due vnto the Pope to things concerning the Saluation of the Soule is to bring it to nothing that Saint Paul appealed to Caesar who was not his Iudge and not to S. Peter lest the by-standers should haue laughed at him that the holy Bishops of old shewed themselues subject to Emperors because the times so required Others adioyned further that then it was meet to introduce the Empire of the Pope by little and little it being a thing vnseasonable to despoile Princes newly conuerted of their Estates and also to permit some thing vnto them for to interesse them Other like discourses they made which many godly Persons abhorred to read and reputed them blasphemies Furthermore the manner of treating on the one part and on the other was very different inasmuch as the Writings of the Popes partisans and especially of the Iesuites were full of railings detractions iniuries and slanders against the Republique and their Doctors full also of many motiues to sedition But the Writings of the Venetians following the intention of the Senate were full of all kinds