CONSIDERATIONS
vpon
the
censure
of
Pope
Paul
the
Fift
,
against
the
Common-wealth
of
Venice
.
THe
Common-wealth
of
Venice
hath
euer
constantly
held
,
that
the
principall
foundation
of
all
dominion
and
empire
was
layed
in
true
Religion
and
pietie
;
and
hereof
(
by
the
special
grace
of
God
)
it
hath
had
experience
,
by
hauing
beene
begun
,
instituted
,
and
augmented
in
true
diuine
worship
:
the
which
with
great
care
she
hath
alwayes
sought
to
encrease
,
especially
by
building
many
religious
houses
,
and
magnificently
adorning
of
the
same
,
furnishing
them
with
decent
Ministers
,
and
enterteining
of
those
religious
Orders
which
age
after
age
the
Catholike
Church
hath
brought
forth
.
A
manifest
testimony
whereof
appeareth
in
the
great
number
of
Churches
richlie
endowed
,
and
the
largenesse
of
Monasteries
,
not
only
in
the
citie
of
Venice
,
but
also
in
others
subiect
to
the
same
;
and
that
alwayes
with
a
conuenient
and
necessary
respect
to
cut
off
all
those
accidents
which
might
be
hurtfull
to
her
cities
and
dominions
,
through
such
innouations
as
vsually
creepe
in
vnder
the
pretext
of
Colleges
,
Frieries
,
Societies
,
or
Conuents
,
and
to
the
danger
and
dammage
which
great
buildings
,
erected
and
situated
in
vnfit
places
,
bring
vnto
a
publike
securitie
:
for
she
had
alwayes
a
speciall
consideration
what
sorts
of
persons
made
entrance
into
her
citie
,
and
in
what
places
Monasteries
and
Churches
had
their
foundations
,
the
better
to
nourish
and
enterteine
them
:
and
when
they
but
perceiued
that
common
and
ordinary
diligence
was
not
enough
,
from
the
yeere
1337
a
Law
was
enacted
,
That
in
Venice
there
should
be
no
Churches
,
Monasteries
,
Hospitals
,
nor
other
such
like
places
built
without
licence
.
The
which
law
was
afterwards
renewed
and
confirmed
in
1515
and
in
1561
:
but
then
perceiuing
,
that
such
a
like
care
was
also
necessary
to
be
had
ouer
other
land
and
maritime
townes
,
in
the
yeere
1603
commandement
was
giuen
to
all
Rectors
and
Gouernors
,
that
from
that
time
forwards
they
should
not
permit
any
Religious
or
Lay
person
whatsoeuer
to
build
Monasteries
,
Churches
,
Hospitals
,
or
other
Conuents
of
Religious
or
Secular
,
without
licence
from
the
Senate
,
vnder
penalties
of
banishment
to
their
persons
,
and
of
confiscation
of
the
building
and
ground
.
The
Common-wealth
also
was
euer
of
this
opinion
,
that
as
for
the
time
past
she
had
beene
exemplarly
preserued
,
so
in
like
maner
,
that
it
ought
to
be
cared
for
hereafter
,
with
the
administration
of
sincere
and
incorrupted
iustice
,
executed
ouer
her
subiects
,
knowing
what
the
holy
Scripture
saith
:
Regnum
de
gente
in
gentem
transfertur
,
thronus
eius
in
aeternum
firmabitur
.
Wherefore
she
mainteining
euery
one
in
the
possession
of
his
goods
,
together
with
the
speciall
protection
and
defence
of
euery
ones
honour
,
she
hath
mainteined
and
happily
perpetuated
publike
tranquillitie
and
peace
;
the
which
,
that
it
might
not
be
disturbed
by
vniust
vsurpations
and
iniuries
towards
others
,
diuers
Ecclesiasticall
persons
hauing
many
times
beene
conuicted
of
enormous
and
hainous
offences
,
who
rather
,
by
the
goodnesse
of
their
life
and
maners
(
as
their
duetie
is
)
should
exempt
themselues
from
criminall
iustice
;
the
Common-wealth
did
not
forbeare
to
execute
it
vpon
them
,
so
farre
as
was
necessarie
for
publike
safetie
,
granting
them
notwithstanding
an
immunitie
from
the
Magistrates
,
in
common
transgressions
,
for
a
fauour
to
that
Order
,
after
the
example
of
other
neighbour-princes
;
she
euer
by
this
meanes
keeping
the
wicked
in
feare
,
and
satisfying
those
that
were
in
any
wise
offended
:
so
that
she
vsing
thus
the
power
granted
vnto
her
by
God
,
she
hath
from
her
first
beginning
vnto
these
present
times
accustomed
to
sentence
and
punish
,
in
case
of
grieuous
offence
,
any
person
Ecclesiasticall
,
of
what
degree
or
Order
soeuer
:
and
by
this
meanes
she
hath
gone
forward
in
enioying
and
practising
,
with
publike
tranquillitie
and
peace
,
the
ancient
and
independent
libertie
of
her
true
dominion
.
In
like
maner
,
the
Common-wealth
hath
laboured
at
all
times
to
keepe
her
subiects
abundant
in
possessions
and
stable
substance
,
she
knowing
how
principally
it
did
import
for
publike
securitie
,
if
the
priuate
were
well
accommodated
:
whereupon
,
about
some
three
hundred
yeeres
since
,
she
began
to
obserue
,
that
the
Clergy
contended
daily
to
augment
in
possessions
and
reuenewes
;
a
matter
notwithstanding
(
though
peraduenture
they
had
no
such
intention
)
which
fell
not
out
onely
to
the
losse
and
preiudice
of
secular
families
,
which
of
necessitie
must
needs
decay
vpon
the
diminution
of
their
goods
;
but
further
,
to
the
detriment
of
the
publike
reuenewes
and
incomes
,
and
also
of
publike
force
:
for
when
the
number
of
Citizens
which
were
liable
,
and
serued
in
ciuill
gouernments
,
impaired
,
and
the
quantitie
of
their
goods
diminished
;
vpon
which
the
publike
reuenew
was
raised
;
and
so
,
on
the
contrary
,
the
number
of
Ecclesiasticall
persons
augmenting
,
which
pretended
exemption
from
all
the
necessarie
offices
and
functions
of
the
Common-wealth
,
and
their
goods
increasing
;
of
necessitie
it
must
needs
come
to
passe
,
that
all
publike
interests
would
be
wonderfully
impaired
.
Vnto
this
may
be
added
another
matter
,
which
is
,
That
the
Clergy
neuer
alienating
of
any
thing
,
but
with
their
great
aduantage
and
benefit
,
and
the
Churches
,
being
perpetuall
;
if
they
alwayes
purchased
,
and
the
Seculars
impouerished
;
it
must
necessarily
in
the
end
come
to
passe
,
that
all
the
wealth
would
rest
in
the
Clergies
hands
,
and
all
Nobilitie
and
Ciuilitie
would
haue
beene
vtterly
extinguished
,
the
world
being
reduced
to
these
two
ranks
of
men
,
Ecclesiasticall
and
Peasants
.
To
preuent
therefore
so
grieuous
and
notable
an
inconuenience
,
the
Common-wealth
ordeined
,
the
yeere
1333
,
that
there
should
not
be
giuen
or
bequeathed
to
the
Churches
,
the
perpetuitie
of
any
thing
stable
within
the
Citie
and
Dukedome
of
Venice
;
and
yet
if
that
any
such
bequeathment
were
made
,
after
a
certeine
time
,
it
should
be
sold
,
and
the
price
thereof
to
remaine
to
the
Church
.
The
which
law
was
obserued
diuersly
,
til
the
yere
1536
,
when
it
was
established
after
this
maner
:
That
none
might
leaue
any
thing
stable
to
the
Church
for
aboue
the
tearme
of
two
yeres
;
during
which
time
it
was
to
be
sold
;
and
this
not
being
performed
by
Ecclesiasticks
themselues
,
a
Magistrate
should
be
appointed
to
execute
the
same
.
And
from
the
foresayd
lawes
,
at
diuers
times
,
so
great
both
publike
and
priuate
good
hath
ensued
,
that
some
other
subiect
Cities
,
euen
out
of
their
municipall
constitutions
,
decreed
the
same
,
partly
of
olde
,
and
partly
in
these
our
dayes
.
Which
things
,
when
the
Senate
had
well
pondered
,
to
reduce
their
whole
State
to
an
vniformitie
,
and
to
preuent
the
diminution
of
secular
substance
,
in
the
yeere
1605
they
promulged
a
Law
which
was
ordeined
for
the
Citie
of
Venice
,
and
together
extended
it selfe
to
the
whole
State
;
adding
furthermore
,
That
no
man
in
the
Citie
of
Venice
,
or
thorow
the
whole
State
,
might
vnder
any
colour
whatsoeuer
,
sell
,
giue
,
or
by
any
other
meanes
alienate
to
an
Ecclesiasticall
person
,
any
thing
stable
,
without
licence
of
the
Senate
,
to
be
granted
them
after
the
same
maner
and
forme
as
was
vsually
granted
in
the
alienations
of
goods
publike
,
and
that
euery
alienation
otherwise
performed
,
should
be
frustrate
,
and
the
stable
confiscated
,
with
a
penaltie
set
vpon
the
Notaries
.
For
which
considerations
,
three
yeeres
before
,
1602
,
to
moderate
the
superabundant
purchase
of
the
Clergie
,
who
vnder
pretext
of
their
direct
title
in
some
things
of
theirs
possessed
by
the
Laitie
,
went
about
euery
day
to
appropriate
the
same
to
themselues
,
suing
sometimes
one
,
and
then
another
of
the
possessors
,
These
Lawes
,
ordinances
,
and
administrations
of
iustice
had
beene
very
well
discerned
,
knowen
,
and
obserued
by
the
former
Popes
,
as
well
by
the
continuall
informations
they
haue
from
the
Clergie
of
this
State
,
as
further
;
by
those
particularities
which
they
dayly
receiued
from
their
Noncioes
resident
in
this
Citie
;
whereas
also
,
many
Popes
haue
had
full
notice
and
knowledge
thereof
by
themselues
;
some
because
they
were
borne
and
brought
vp
in
this
State
,
others
by
hauing
liued
a
priuate
life
in
the
same
,
discharging
there
the
office
of
Confessors
for
many
yeeres
;
some
the
office
of
Inquisitors
,
and
others
hauing
beene
Bishops
of
some
cities
.
So
that
euery
Pope
hath
by
some
meanes
had
knowledge
of
the
equitie
and
iustice
of
the
Venecian
lawes
,
and
of
the
arrests
of
their
Magistrates
;
whereby
we
may
suppose
,
that
they
neuer
hauing
reclaimed
any
of
them
,
they
haue
secretly
in
a
maner
approued
of
the
same
.
Iudgements
and
arrests
haue
euer
beene
executed
vpon
Ecclesiasticall
persons
,
and
in
times
past
more
often
than
of
late
dayes
;
and
the
ordinances
or
lawes
aboue
written
,
omitting
more
ancient
Records
,
haue
beene
administred
aboue
this
three
hundred
yeeres
,
although
now
of
very
late
time
some
of
them
haue
been
newly
confirmed
;
others
more
largely
extended
;
and
others
of
vnwritten
(
which
notwithstanding
were
obserued
)
made
written
lawes
;
and
finally
,
are
so
expressed
and
diuulged
.
Of
which
,
one
of
the
yere
1602
,
and
another
of
1603
,
were
perused
by
Pope
Clement
the
Eighth
,
a
most
zealous
and
vigilant
Pastor
,
and
yet
they
could
not
giue
satisfaction
to
this
Paul
the
Fift
,
who
thought
good
,
in
the
beginning
of
his
Papacie
,
to
examine
the
Lawes
and
Statutes
of
the
Common-wealth
.
But
in
the
end
of
October
last
past
,
in
an
ordinarie
audience
,
he
complained
to
the
Ambassador
of
this
Common-wealth
,
because
in
sede
vacante
they
had
made
a
law
,
which
prohibiteth
the
Clergie
to
purchase
any
thing
stable
;
he
further
vrging
,
that
though
it
were
instituted
in
the
vertue
and
force
of
another
former
,
yet
that
the
Canon
lawes
,
both
the
olde
and
new
,
were
inualidious
;
for
which
cause
it
was
his
absolute
pleasure
it
should
be
disanulled
,
enioyning
the
Ambassador
to
certifie
the
Common-wealth
of
this
his
will
and
pleasure
.
Who
performing
as
much
,
and
hauing
receiued
order
from
the
Senate
,
that
he
should
lay
open
to
the
Pope
the
equitie
,
iustice
and
reasons
of
that
law
,
and
of
the
prerogatiue
which
the
Common-wealth
had
for
the
making
of
such
ordinances
;
the
Pope
●●auing
still
to
his
former
deliberation
,
sayd
openly
,
he
was
content
to
heare
them
for
their
owne
satisfaction
onely
,
and
not
to
consider
any
further
of
those
their
allegations
;
and
so
concluded
,
that
vpon
this
point
an
hortatorie
Breue
should
be
directed
vnto
Venice
,
shewing
an
Excommunication
,
which
he
caused
to
be
published
against
another
City
;
intimating
,
how
that
in
such
like
causes
he
looked
not
for
answers
or
allegation
of
reasons
,
but
for
a
speedy
and
ready
obedience
.
And
he
moreouer
mooued
another
complaint
for
the
retention
(
some
few
moneths
before
)
of
a
Canon
of
Vicenza
,
and
of
the
Abbat
of
Neruesa
,
alleging
how
it
was
his
pleasure
,
that
they
should
be
put
ouer
to
the
Ecclesiasticall
Court
,
and
that
though
the
Common-wealth
were
priuiledged
to
iudge
Clergie
men
,
yet
this
did
not
extend
to
such
maner
of
persons
,
nor
to
such
kinde
of
offences
,
for
which
the
two
aboue
named
were
imprisoned
.
And
heere
I
thinke
it
needfull
to
digresse
a
little
,
for
a
declaration
of
the
true
cause
why
these
delinquents
were
committed
to
prison
.
Brandolino
Valdemarino
,
Abbat
of
Neruesa
,
was
accused
and
complained
of
for
vsing
many
tyrannicall
courses
vpon
the
goods
and
wiues
of
certeine
men
that
inhabited
in
the
townes
neere
about
him
;
that
he
had
killed
diuers
persons
with
poison
,
and
amongst
these
,
one
religious
Priest
,
which
was
his
Curate
domesticall
;
that
he
had
giuen
poison
to
his
father
and
a
brother
;
that
he
had
caused
diuers
men
to
be
slaine
;
that
he
had
continuall
and
dayly
carnall
conuersation
with
his
naturall
sister
;
that
hee
had
vsed
many
magicall
and
wicked
practises
to
compasse
his
dishonest
purposes
,
and
for
other
ends
,
which
can
not
without
horror
be
more
particularly
expressed
;
as
appeareth
in
the
denunciations
and
complaints
made
by
diuers
persons
against
him
.
And
Scipio
Saracino
,
a
Canon
of
Vicenza
,
was
accused
for
hauing
contemptuously
broken
vp
the
publike
seales
of
the
Rectors
of
Vicenza
,
set
vpon
the
Bishops
Chancerie
,
sede
vacante
,
for
the
custodie
and
securitie
of
the
Euidences
and
Writings
of
the
Bishopricke
,
at
the
instance
and
request
of
the
Chancellour
of
the
same
;
and
moreouer
,
that
he
had
insolently
caried
himselfe
towards
a
gentlewoman
,
a
widow
,
of
the
principallest
family
in
all
Vincenza
,
his
kinswoman
,
by
defiling
her
gate
and
house
,
after
he
had
a
long
time
,
by
vndecent
meanes
,
attempted
her
chastitie
to
the
publike
scandall
;
for
he
forbare
not
to
put
in
practise
his
luxurious
disleignes
,
euen
within
the
Churches
.
But
to
returne
to
the
Pope
,
his
H.
in
diuers
meetings
with
the
Ambassadour
,
perswaded
the
Common-wealth
to
lay
aside
all
their
reasons
,
and
absolutely
to
obey
him
;
and
after
some
dayes
he
renewed
fresh
complaints
against
the
law
aboue
written
,
which
prohibited
the
building
of
Churches
without
licence
:
and
at
last
,
he
resolutely
came
to
this
point
,
That
he
would
haue
the
foresayd
two
Lawes
reuoked
,
and
the
two
prisoners
deliuered
to
his
Nontio
then
resident
in
Venice
:
wherefore
on
the
tenth
of
December
drawing
two
Breues
,
one
vpon
the
two
lawes
,
and
another
vpon
sentence
giuen
on
these
two
Ecclesiasticks
,
he
enioyned
his
Nontio
to
present
them
.
But
the
Nontio
(
moued
thereunto
peraduenture
)
because
the
Senate
at
that
time
had
chosen
an
Ambassadour
extraordinarie
,
to
assay
all
milde
and
possible
meanes
to
remoue
his
holinesse
from
this
resolution
,
which
he
had
vndertaken
,
before
well
vnderstanding
of
the
cause
;
and
to
induce
him
,
first
to
be
better
informed
,
before
he
proceeded
to
any
other
execution
;
but
he
deferred
the
presentation
of
the
Breue
,
this
being
a
thing
not
well
approued
of
by
the
Pope
:
so
that
with
all
expedition
he
sent
him
commandement
to
present
them
immediatly
.
Wherefore
on
the
day
of
the
Natiuitie
of
our
Lord
,
when
Duke
Grimanni
was
euen
yeelding
vp
his
soule
into
Gods
hands
,
and
that
the
Signorie
with
the
Senatours
were
assembled
,
of
whom
,
some
had
alreadie
receiued
the
holy
Sacrament
of
the
Eucharist
,
others
were
to
receiue
it
,
he
requested
audience
,
and
presented
the
two
Breues
sealed
,
which
were
not
then
opened
,
by
reason
of
the
Dukes
death
,
which
hapned
the
day
following
,
while
after
election
made
of
a
new
.
They
being
at
last
both
opened
,
they
both
appeared
to
be
of
the
selfe-same
tenor
,
and
implied
thus
much
:
How
it
was
giuen
him
to
vnderstand
,
that
the
Common-wealth
in
her
decrees
had
constituted
many
things
against
the
libertie
Ecclesiasticall
and
the
authoritie
of
the
See
Apostolike
;
and
that
particularly
she
had
extended
thorowout
her
whole
dominion
certeine
lawes
,
which
concerned
only
the
City
of
Venice
,
which
prohibited
the
building
of
Churches
,
Monasteries
,
and
Religious
places
;
and
another
which
forbad
the
alienation
of
Lay
mens
goods
to
Ecclesiasticall
persons
,
without
the
Senates
licence
.
All
which
things
,
as
being
contrarie
to
the
Ecclesiasticall
libertie
,
he
declared
as
inualidious
,
and
he
that
instituted
them
had
incurred
Ecclesiasticall
censure
,
commanding
vnder
paine
,
latae
sententiae
,
that
they
might
be
reuoked
and
cancelled
,
threatning
,
if
he
were
not
herein
obeyed
,
to
proceed
further
.
Whereunto
the
Senate
,
about
the
eight
and
twentieth
of
Ianurie
,
made
answer
,
That
they
had
with
griefe
and
much
woonder
vnderstood
by
his
H.
letters
,
that
those
lawes
,
which
through
so
many
ages
had
so
happily
beene
executed
by
the
Common-wealth
,
and
which
by
no
one
of
his
predecessors
were
euer
reprehended
,
and
which
to
repeale
,
would
be
a
turning
topsie-turuie
of
the
foundation
of
their
gouernment
,
were
now
found
fault
withall
,
as
being
contrary
to
the
authoritie
of
the
See
Apostolike
;
and
so
they
which
instituted
them
,
being
men
of
singular
pietie
,
and
that
deserued
well
of
the
See
Apostolike
,
which
are
in
heauen
,
come
herein
to
be
taxed
for
Violaters
of
the
Ecclesiasticall
libertie
;
that
they
had
,
according
to
his
H.
admonition
,
examined
the
lawes
,
both
olde
and
new
,
finding
nothing
in
them
which
might
not
be
decreed
by
the
authoritie
of
a
supreame
Prince
:
and
touching
some
particulars
of
their
allegations
and
reasons
,
they
concluded
how
in
their
opinion
they
had
incurred
no
censures
;
and
that
his
H.
replenished
with
religion
and
pietie
,
would
not
without
well
vnderstanding
of
the
cause
,
perseuere
in
his
comminations
and
threatnings
.
And
heere
it
is
first
required
,
that
we
proceed
a
little
further
,
and
declare
what
the
obiections
are
which
he
makes
against
the
two
lawes
aboue-written
,
how
easilie
and
readilie
they
may
be
answered
;
and
together
,
what
is
the
reason
,
iustice
and
equitie
of
these
lawes
,
and
how
lawfull
the
power
of
the
Common-wealth
is
to
institute
them
.
The
Pope
obiecteth
against
both
these
lawes
together
,
That
they
are
sedis
Apostolicae
auctoritati
,
&
ecclesiasticae
libertati
immunitatique
contrariae
,
tum
generalibus
Concilijs
,
&
sacris
Canonibus
,
necnon
Romanorum
Pontificum
constitutionibus
repugnantes
;
wherefore
,
aboue
all
other
things
,
it
will
be
very
fit
,
that
we
vnderstand
what
this
Ecclesiasticall
libertie
is
,
and
from
whence
it
tooke
the
originall
;
seeing
it
is
most
certaine
,
that
this
name
is
but
new
,
and
for
twelue
ages
neuer
so
much
as
heard
of
in
the
Church
.
The
holy
Apostle
S.
Paul
makes
mention
of
a
Christian
libertie
,
in
his
Epistles
to
the
Romans
and
Galathians
,
at
full
,
shewing
therein
,
That
by
the
sinne
of
our
first
father
we
were
all
made
seruants
vnto
sinne
,
from
which
seruitude
Christ
our
Lord
hath
freed
vs
,
we
being
redeemed
by
his
blood
;
and
therfore
he
saith
:
Cùm
serui
essetis
peccati
liberi
fuistis
iustitiae
,
nunc
verò
liberati
a
peccato
,
Eos
qui
:
An other
opinion
there
is
,
which
comprehendeth
these
two
in
one
:
Some
call
Ecclesiasticall
libertie
,
whatsoeuer
hath
beene
done
in
fauour
of
the
Clergie
,
and
they
say
those
Statutes
are
made
against
it
,
which
make
the
Clergie
more
feareful
,
and
the
Laiety
more
insolent
,
the
which
is
Bartoloes
definition
,
Now
it
is
fit
we
declare
,
that
in
which
soeuer
of
these
senses
you
take
these
words
,
Ecclesiasticall
libertie
,
the
ordinances
of
the
Venetians
Common-wealth
,
together
with
the
condemnation
,
and
imprisonment
of
Ecclesiasticall
persons
,
infringe
no
libertie
;
and
withall
,
we
will
resolue
such
obiections
as
are
particularly
made
against
any
of
those
lawes
.
The
Pope
alleadgeth
no
other
speciall
reason
why
the
law
of
prohibition
to
build
Churches
,
is
offensiue
,
but
onely
because
it
was
instituted
;
for
so
be
the
formall
words
of
his
Breue
:
Quasi
Ecclesiae
,
&
Eccl●siasticae
personae
temporali
vestrae
iurisdictioni
subiectae
aliquo
modo
essent
,
vel
qui
ea
ratione
in
vestris
ditionibus
Ecclesias
,
&
alia
pia
ac
religiosa
loca
extruerent
,
tanquam
in
aliquo
scelere
deprehensi
mulctandi
viderentur
.
Neither
in
like
manner
,
doth
he
alledge
any
other
reason
to
prooue
his
intention
,
that
the
prohibiting
of
the
Laietie
not
to
bequeath
or
giue
in
perpetuall
,
&
not
to
alienate
any
thing
stable
to
the
Clergie
,
is
against
the
libertie
Ecclesiasticall
,
but
that
it
seemes
it
is
grounded
vpon
a
certaine
vsurped
iurisdiction
,
which
the
Secular
power
hath
ouer
Ecclesiasticall
goods
;
and
these
be
his
words
:
Perinde
ac
si
temporalibus
dominis
liceret
in
Ecclesiastica
bona
,
quae
Ecclesijs
,
Ecclesiasticisque
personis
,
&
alijs
locis
pijs
,
à
testatoribus
,
&
caeteris
Christi
fidelibus
,
pro
remedio
peccatorum
,
&
exoneratione
conscientiae
plerunque
relinquuntur
,
aut
alio
modo
conferuntur
,
ius
aliquod
exercere
.
But
first
of
all
,
any
one
that
shall
but
diligently
consider
,
will
of
himselfe
conceiue
,
that
to
make
a
law
which
prohibiteth
euery
body
,
as
well
Ecclesiasticall
as
Laie
,
to
build
no
Churches
without
licence
,
is
not
(
as
the
Pope
obiecteth
)
to
exercise
a
power
ouer
the
Church
;
but
rather
ouer
the
ground
,
floare
,
or
superficiall
part
,
where
one
may
build
;
which
no
man
can
denie
to
be
purely
and
meerely
secular
.
No
priuate
man
that
should
forbid
an
Ecclesiasticall
person
to
build
a
Church
vpon
his
ground
,
could
be
said
to
ordaine
any
thing
against
the
Church
,
or
any
Ecclesiasticall
person
;
but
that
he
may
dispose
of
his
owne
ground
at
his
pleasure
,
and
forbid
the
vse
of
a
thing
,
which
he
is
not
bound
by
the
law
to
permit
or
graunt
.
That
which
may
be
built
,
is
not
called
a
Church
;
but
that
which
is
readie
dedicated
:
euerie
priuate
man
hath
power
ouer
his
owne
freehold
,
and
the
Prince
hath
a
greater
power
ouer
all
the
ground
and
free-holds
of
his
dominion
.
Wherefore
as
it
would
be
iniustice
to
build
a
Church
vpon
any
priuate
mans
ground
without
his
permission
;
no
lesse
an
iniustice
it
were
to
do
as
much
in
what
place
soeuer
belonging
to
a
Prince
,
contrary
to
his
prohibition
:
In
neither
of
these
constructions
is
the
libertie
Ecclesiasticall
infringed
:
not
in
the
former
case
;
because
no
man
hath
libertie
to
vse
that
of
an
other
mans
,
against
the
owners
will
:
and
in
the
second
in
like
maner
;
because
God
the
vniuersall
Lord
of
all
things
,
giuing
libertie
to
the
Ministers
of
the
Church
to
build
Temples
,
he
doth
not
in
this
take
away
priuate
power
and
dominion
,
nor
yet
the
Princes
empire
and
prerogatiue
ouer
the
soile
;
neither
did
the
Pope
otherwise
at
any
time
,
nor
he
cannot
dispose
of
the
same
,
being
a
thing
temporall
;
and
no
Prince
could
euer
with
his
priuiledge
dispose
of
any
thing
in
the
State
of
this
Common-wealth
,
which
was
born
free
;
and
so
in
no
respect
there
is
no
derogation
heerein
from
Ecclesiasticall
libertie
.
For
if
this
reason
were
preualent
,
The
Church
is
a
spiritual
thing
;
wherefore
he
which
disposeth
of
the
building
of
the
same
,
goes
about
to
dispose
of
a
thing
spirituall
:
it
would
follow
,
For
the
commandements
of
diuine
honor
being
affirmatiue
,
comprehends
not
all
matter
,
all
places
,
all
times
,
as
they
would
haue
them
to
doe
that
wring
euery
thing
to
Ecclesiasticall
behoofe
;
but
he
permitteth
,
after
nothing
is
wanting
to
his
seruice
,
that
the
rest
be
applied
to
humane
vses
,
and
that
there
may
be
ascribed
to
himselfe
,
what
is
aptly
decent
and
fit
.
If
it
were
lawfull
against
a
Princes
will
to
build
a
Church
in
any
place
,
it
would
be
in
like
maner
lawfull
to
vse
any
matter
,
or
what
workeman
soeuer
;
the
which
extending
euen
to
the
furniture
and
ornaments
of
the
Churches
,
and
of
the
sacred
implements
,
it
would
follow
that
euery
cloth
,
all
mettall
,
wood
,
or
any
other
thing
,
should
belong
vnto
the
State
Ecclesiastical
:
the
absurdity
of
which
consequences
do
euidently
declare
,
that
as
the
Church
being
once
dedicated
,
it
perteineth
then
to
the
Spiritualty
;
so
no
place
can
be
dedicated
,
without
the
permission
of
the
Temporall
Prince
:
and
the
equitie
of
this
law
hath
euer
beene
apparently
knowne
vnto
the
world
.
But
the
Common-wealth
of
Venice
neuer
cast
her
eye
so
much
vpon
the
materiall
Churches
,
as
on
the
persons
which
were
to
gouerne
them
;
for
euery
Order
of
religious
men
befit
not
any
place
.
We
haue
an
excellent
example
of
this
in
the
famous
gouernment
of
the
Kings
of
Castilia
,
where
,
without
the
Kings
licence
,
no
new
religious
Orders
can
haue
any
entrance
into
those
Kingdomes
;
and
therefore
euen
at
this
present
the
Cappuchine
Friers
could
neuer
be
thither
admitted
.
And
there
are
not
many
yeeres
past
since
the
Fathers
of
S.
Francis
of
Paula
began
to
build
a
Church
in
Madril
,
without
the
Kings
permission
;
which
worke
King
Philip
the
second
made
stay
of
,
the
Church
it selfe
yet
remaining
for
an
example
,
it
being
begun
,
and
not
finished
.
And
your
holinesse
hauing
sometimes
beene
Nontio
extraordinarie
to
that
King
,
may
peraduenture
haue
seene
the
same
.
The
foundations
of
this
decree
are
no
lesse
equall
,
reasonable
and
lawfull
,
than
most
necessarie
;
for
as
it
would
not
in
any
wise
be
permitted
to
a
great
number
of
a
strange
State
,
contrarie
in
their
customes
of
life
,
and
hauing
diuers
ends
from
those
of
a
Common-wealth
,
to
enter
into
the
State
of
such
a
Common-wealth
,
to
gather
themselues
together
into
one
place
,
to
make
amongst
them
an
head
,
and
in
secret
to
practise
with
the
Princes
subiects
;
seeing
this
would
be
presently
interrupted
as
a
suspitious
and
pernitious
conuenticle
:
So
vnder
pretext
of
some
new
Monasterie
,
many
of
other
nations
sometimes
may
come
in
together
vnder
an
head
,
they
being
contrarie
in
customes
and
affections
,
and
by
the
opportunitie
they
haue
,
through
Confessions
or
other
Spirituall
conferences
,
insinuating
with
the
Princes
subiects
,
they
may
by
this
meanes
corrupt
them
in
their
fidelitie
:
this
in
like
maner
,
for
many
excellent
causes
,
is
diligently
to
be
looked
vnto
,
for
the
publike
preseruation
and
peace
of
the
State
;
and
euen
for
this
very
respect
it
greatlie
concerned
the
Common-wealth
to
dismisse
certaine
Fathers
of
a
Monasterie
,
all
of
them
being
of
strange
nations
,
because
diuers
men
of
the
Arsenall
were
seduced
by
them
.
And
thus
we
may
see
,
that
the
Oratories
and
Monasteries
in
a
Citie
which
consist
all
of
one
Nation
,
especially
when
they
are
replenished
with
diuers
sorts
of
men
,
can
not
be
enterteined
without
notable
danger
,
if
the
Prince
be
not
alwayes
made
priuie
with
what
passeth
amongst
them
in
their
assemblies
.
Vnto
this
may
further
be
annexed
,
that
buildings
which
are
not
situated
in
conuenient
places
,
they
bring
great
dammage
vnto
Cities
,
and
especially
to
those
which
are
strong
and
fortified
:
and
it
is
well
knowen
how
many
Cities
haue
diuers
times
beene
lost
,
by
meanes
of
a
Church
built
without
the
walles
,
not
farre
from
the
Towne
ditch
,
when
it
hath
come
into
the
enemies
hands
there
incamped
:
as
also
in
like
maner
,
what
hurt
such
a
building
nere
vnto
the
walles
within
hath
procured
:
and
so
what
a
number
of
aedifices
and
erections
,
for
important
respects
,
haue
beene
rased
and
pluckt
downe
for
publike
securitie
,
to
the
no
small
woonder
(
sometimes
)
of
deuout
and
ignorant
persons
.
It
is
not
only
profitable
for
publike
good
,
as
hath
aboue
beene
shewed
,
that
Churches
should
not
be
built
without
licence
;
but
further
,
it
is
requisit
for
the
Churches
themselues
,
to
the
end
that
any
man
,
at
his
owne
will
and
pleasure
,
may
not
erect
them
in
vndecent
places
,
neere
to
publicke
Stewes
or
common
Necessaries
;
nor
of
vnseemly
forme
,
or
without
the
conuenient
decorum
due
vnto
the
maiesty
of
Religion
;
so
as
they
might
serue
rather
for
derision
,
than
any
thing
els
.
And
we
see
,
that
the
great
and
superabundant
number
of
Churches
is
not
profitable
for
deuotion
,
but
rather
quite
contrarie
;
for
when
they
are
too
many
,
due
seruices
can
not
be
discharged
to
all
;
and
one
Church
ill
serued
,
procureth
more
indeuotion
,
than
tenne
well
employed
can
preuent
:
as
also
,
the
almes
sufficeth
not
for
all
the
Churches
,
when
the
number
of
them
exceedeth
;
so
as
neither
the
old
nor
the
new
haue
their
requisit
cures
.
Through
Gods
grace
and
fauour
there
want
not
Churches
and
other
holy
places
in
the
Citie
of
Venice
,
and
in
all
others
subiect
to
that
State
;
and
these
such
and
so
many
,
that
some
Cities
replenished
with
the
reliques
of
innumerable
Martyrs
,
scarse
decently
preserued
,
may
take
an
example
from
them
:
and
yet
for
all
this
,
the
Senate
neuer
forbare
,
when
conuenient
opportunitie
was
offered
,
to
giue
licence
for
the
building
of
new
Churches
and
religious
places
,
whersoeuer
it
fell
out
fit
;
and
in
like
maner
,
to
admit
ingresse
to
new
religious
Orders
,
after
the
enacting
of
the
sayd
law
.
But
who
will
not
maruell
,
when
he
shall
heare
the
penaltie
of
this
Venetian
law
,
imposed
vpon
him
which
buildeth
Churches
without
licence
,
reprehended
;
it
being
obiected
by
the
Opposer
,
That
to
build
them
is
in
it selfe
no
wicked
act
?
As
though
a
worke
of
his
owne
nature
,
and
in
it selfe
good
,
if
it
be
performed
without
due
circumstances
,
is
not
vicious
and
deserueth
chastisement
.
Not
from
the
matter
or
obiect
only
(
sayth
Aristotle
,
and
after
him
,
Ethic.
c.
6.
all
the
Diuines
)
is
an
action
construed
,
but
from
the
integritie
of
all
the
circumstances
.
It
is
good
to
build
Churches
in
place
,
time
,
and
maner
conuenient
:
but
without
these
conditions
it
is
not
good
to
build
a
Church
on
another
mans
ground
;
neither
is
it
iust
,
without
the
owners
consent
.
Besides
the
dominion
which
euery
priuate
man
hath
,
a
Prince
hath
a
farre
greater
power
ouer
all
places
,
to
whom
both
the
owner
and
the
place
it selfe
is
subiect
;
so
as
we
may
not
do
with
them
what
the
Prince
prohibiteth
and
consents
not
to
.
Out
of
question
,
I
haue
spent
many
more
words
heerein
than
was
requisite
,
that
euery
one
(
if
he
haue
but
common
sense
)
may
conceiue
the
reasons
and
occasions
of
this
law
:
but
I
repent
me
not
hereof
,
because
they
may
also
serue
for
a
defence
of
that
law
of
1605
,
which
prohibiteth
the
Laitie
to
alienate
any
thing
stable
to
Ecclesiasticks
.
For
this
doth
lesse
dispose
of
any
thing
of
the
Church
,
neither
imposeth
it
any
thing
vpon
Ecclesiasticall
persons
,
but
only
vpon
Seculars
and
Secular
mens
goods
.
What
iniurie
shall
a
Prince
offer
in
this
,
when
he
commandeth
his
subiects
to
haue
no
commerce
with
some
kinde
of
persons
?
The
prohibiting
of
forren
transportations
,
or
to
bring
in
all
kinde
of
merchandize
,
is
an
vsuall
thing
in
all
Kingdoms
:
is
it
therefore
an
iniurie
to
strangers
?
I
thinke
no
man
will
subscribe
to
this
consequence
;
and
so
much
the
rather
,
by
how
much
priuate
men
make
such
a
law
vpon
their
owne
goods
,
when
in
contracts
liuellarie
they
set
downe
conditions
,
Falcidia
Trebellianica
also
,
because
they
all
detaine
that
portion
from
the
Church
,
which
being
taken
from
the
legaced
,
they
would
haue
then
remained
vnto
the
true
heire
.
I
know
that
some
one
very
desirous
of
the
augmentation
of
Ecclesiasticall
rights
in
the
Temporaltie
will
affirme
,
that
so
it
is
;
but
I
beleeue
his
opinion
will
haue
but
a
few
followers
:
and
it
is
a
great
wilfulnesse
,
to
condemne
actions
and
ordinances
which
all
Christendome
,
from
a
thousand
fiue
hundred
and
more
yeeres
since
,
hath
not
onely
(
I
will
not
say
)
admitted
;
but
further
,
praised
,
commended
,
and
thought
them
seruiceable
vnto
God
.
There
are
indeed
some
,
who
in
fauour
of
the
Secular
may
say
,
That
it
had
beene
,
and
would
yet
be
very
lawfull
,
to
constitute
a
law
,
that
none
might
sell
their
stable
possession
without
licence
:
which
generall
caueat
would
also
comprehend
the
Ecclesiasticks
:
and
the
Prince
,
being
sued
vnto
for
licence
,
might
readily
grant
it
,
when
the
alienation
were
to
passe
ouer
to
a
Lay
man
;
and
so
to
denie
it
vpon
the
demise
to
an
Ecclesiasticke
;
and
this
would
not
be
against
libertie
Ecclesiasticall
.
To
whom
we
must
answer
with
some
libertie
,
for
if
they
would
a
little
looke
ouer
their
Logicke
,
they
should
finde
that
the
whole
genus
being
granted
,
euerie
species
in
priuate
and
particular
is
yeelded
vnto
:
so
that
whosoeuer
grants
,
that
a
Prince
may
absolutely
prohibite
any
alienation
,
he
must
needs
likewise
confesse
,
that
hee
may
prohibite
it
in
Strangers
,
Noble-men
,
Ecclesiastickes
,
or
in
whatsoeuer
kinde
of
other
persons
in
particular
.
They
say
he
may
doe
this
absolutely
to
all
;
but
so
not
to
the
Clergie
alone
:
and
the
Logician
saies
;
he
may
vniuersally
to
all
;
and
therefore
also
to
the
Ecclesiasticall
in
particular
.
But
yet
we
will
speake
vnto
them
somewhat
more
seriously
,
and
aduise
them
to
studie
a
little
the
holy
Scriptures
,
where
S.
Paul
will
teach
them
:
Nolite
errare
,
But
let
vs
proceed
to
declare
more
perspicuously
,
that
a
Prince
by
such
a
law
ordaineth
but
truly
of
his
owne
things
,
and
not
of
those
of
the
Church
.
This
is
most
manifest
,
that
if
any
seruice
lie
vpon
a
possession
or
tenure
,
the
owner
of
the
same
cannot
passe
it
ouer
so
to
the
Church●
,
as
that
this
seruice
and
bond
may
be
frustrate
:
but
whatsoeuer
possession
stable
there
is
in
a
State
,
it
oweth
subiection
to
the
Prince
,
the
which
is
greater
and
much
more
strict
then
can
any
waies
belong
to
a
priuate
man
;
for
the
power
of
a
Prince
ouer
all
goods
,
is
farre
greater
then
is
the
prerogatiue
of
a
priuate
man
.
A
Prince
by
his
power
for
publike
good
,
may
extenuate
and
vtterly
take
away
a
priuate
right
;
but
a
priuate
Lord
can
in
no
wise
derogate
or
take
away
from
the
power
of
a
Prince
:
for
euen
by
his
will
and
gift
,
or
any
other
meanes
he
cannot
procure
but
that
a
Prince
will
haue
his
interrest
therein
.
Let
euery
one
but
weigh
and
consider
how
conformable
to
nature
it
would
be
,
that
any
thing
should
passe
by
the
disposition
of
a
priuate
man
vnto
the
Church
,
and
that
for
this
cause
it
should
be
free
from
subiection
to
the
Prince
.
But
they
will
answer
:
they
are
content
it
should
be
conueied
ouer
with
bond
and
obligation
,
to
pay
all
such
duties
as
it
was
charged
withall
in
the
Lay
man
.
Verie
good
;
but
why
at
this
present
doe
they
consent
heereunto
,
and
in
times
past
they
would
be
exempted
from
all
couenant
and
bond
.
And
yet
moreouer
we
may
affirme
,
that
a
Prince
hath
other
right
ouer
all
stable
goods
,
besides
ordinarie
tributes
;
seeing
he
may
challenge
extraordinarie
duties
also
in
the
same
,
without
the
which
couenant
,
it
is
not
reason
it
should
be
conueied
ouer
,
because
as
well
as
the
others
,
he
may
taxe
it
with
other
impositions
.
And
if
this
seeme
somewhat
a
hard
condition
,
yet
is
it
but
naturall
.
But
further
yet
;
if
the
Prince
challenge
some
personall
seruices
from
the
possessors
,
as
in
the
warres
,
offices
,
Court
attendance
,
or
any
other
respect
;
why
should
he
lose
it
?
and
besides
this
,
the
Prince
hath
ius
,
to
confiscate
that
stable
possession
for
the
Lords
offence
;
but
being
passed
ouer
to
the
Church
,
it
is
not
then
confiscable
;
and
therefore
why
should
the
Prince
lose
his
ius
?
and
heere
occurreth
a
most
notable
example
to
conuince
these
opponents
.
Ecclesiasticall
Benefices
are
voide
by
the
death
of
the
Intendants
,
and
therefore
the
Court
of
Rome
hath
the
first
fruits
,
and
the
price
of
the
Bolle
.
Many
Benefices
belonging
to
Monasteries
,
Chapters
,
and
other
Fraternities
,
the
Popes
perceiuing
that
by
such
a
dependence
they
lost
that
benefit
,
which
otherwise
by
the
Curats
death
came
vnto
their
hands
,
and
they
considered
that
vnder
euery
fifteene
yeeres
,
such
a
vacancie
might
haue
fallen
out
;
and
therefore
they
ordained
,
that
all
Benefices
thus
depending
,
should
pay
euerie
fifteene
yeeres
a
fifteene
.
So
in
like
maner
may
a
Prince
suppose
,
that
vnder
euery
hundred
of
yeeres
,
a
possession
may
come
to
be
confiscated
,
and
so
make
them
pay
euery
hundred
yeeres
a
valuable
confiscation
.
To
preuent
which
,
in
some
kingdomes
there
is
a
custome
that
when
any
thing
stable
is
conueied
ouer
to
the
Church
,
the
same
is
bound
to
giue
homine
viuente
moriente
,
and
confiscabile
,
till
the
stabilitie
be
by
royall
authoritie
extinct
.
Stable
possession
also
,
is
oftentimes
sold
,
and
paieth
for
the
same
some
duties
to
the
Prince
,
or
goeth
to
strange
heires
,
for
which
likewise
a
certaine
portion
is
paid
:
as
in
like
maner
,
if
after
the
terme
of
many
yeeres
,
one
of
these
accidents
should
occurre
,
would
it
be
reason
that
the
Prince
without
any
consent
giuen
thereunto
,
should
be
depriued
of
these
his
rights
?
And
therefore
the
Statute
of
1605
is
verie
iust
and
iuridiall
:
and
if
together
with
licence
for
the
reasons
aboue
alledged
,
there
were
a
peculiar
dutie
paide
vpon
the
conueiance
ouer
of
any
thing
stable
to
the
Church
,
it
would
not
be
vniust
;
for
in
France
and
many
other
kingdomes
,
when
any
thing
is
passed
ouer
with
licence
to
the
Church
,
they
pay
a
third
part
,
as
they
say
,
amortization
,
that
is
,
for
the
possession
stable
,
which
now
lieth
dead
as
it
were
to
the
Prince
,
who
hath
no
profit
nor
seruice
from
it
as
before
.
There
is
nothing
therefore
committed
against
iustice
and
equitie
,
if
the
Prince
seeing
himselfe
to
lose
so
many
royalties
,
and
perceiuing
the
Clergie
to
enioy
twenty
times
so
much
as
they
may
well
content
themselues
with
,
deliberate
and
resolue
to
stay
their
hands
,
and
to
permit
no
further
purchase
without
licence
:
the
which
notwithstanding
he
may
grant
them
when
it
shall
be
conuenient
.
These
respects
of
confiscation
,
sale
,
and
legacie
vnto
strangers
,
concurring
also
with
the
ground
or
superficies
where
any
determine
to
build
Churches
;
no
wonder
though
a
Prince
permit
not
,
that
his
royaltie
therein
be
amortizate
without
his
licence
.
But
proceeding
yet
somewhat
further
;
they
which
denie
a
secular
Prince
this
prerogatiue
,
to
make
lawes
vpon
Ecclesiasticall
goods
,
or
that
Ecclesiasticall
persons
should
be
subiect
to
secular
lawes
,
they
neuerthelesse
consent
to
this
,
that
any
kinde
of
lawes
may
be
instituted
to
comprehend
within
them
also
the
Clergie
.
But
publike
good
requireth
,
that
this
most
principall
member
of
a
Common-wealth
should
be
preserued
,
which
is
,
the
part
Secular
,
in
that
it
beares
all
burdens
,
performeth
publike
actions
,
as
well
reall
,
as
personall
,
to
the
end
,
that
fall
not
out
whereof
Vlpiano
speaketh
;
Quòd
viribus
destituta
erit
Respublica
.
This
law
therefore
is
iust
,
and
it
is
but
conuenient
,
that
this
member
should
be
protected
by
the
Prince
,
so
that
his
owne
good
and
treasure
being
preserued
in
the
same
,
it
may
retaine
necessarie
force
to
serue
the
Common-wealth
:
&
if
it
grow
from
this
,
that
the
Ecclesiasticks
haue
lesse
then
they
should
haue
;
this
comes
not
directly
from
the
Prince
,
but
acaccidentally
occurreth
;
and
the
lawes
or
iustice
hath
neuer
respect
to
that
which
insueth
indirectly
or
by
accident
:
neirhet
is
it
presumed
,
he
doth
iniurie
his
neighbour
that
hath
only
reference
to
his
owne
peculiar
profit
,
although
it
may
wel
grow
therupon
,
that
his
companion
is
depriued
of
some
gaine
,
which
otherwise
he
might
haue
made
to
himselfe
.
And
if
from
hence
it
come
,
that
the
Clergies
allowance
shall
not
augment
,
the
Prince
must
not
haue
an
eye
to
that
.
Gaietan
,
who
was
followed
by
diuers
others
,
If
the
Clergie
would
buy
or
purchase
,
S.
Paul
commands
vs
to
haue
alwayes
in
remembrance
,
Beatiùs
est
dare
,
quàm
accipere
.
Wherefore
returning
to
possessions
left
or
bequeathed
,
we
must
obserue
,
that
by
this
law
the
Church
is
not
denied
to
holde
all
that
which
is
giuen
or
bequeathed
vnto
it
;
the
which
,
though
they
haue
not
in
proper
kinde
,
yet
haue
they
the
price
,
which
is
equall
to
the
thing
.
It
would
peraduenture
be
from
our
purpose
,
to
adde
hereunto
,
but
very
briefly
,
that
it
would
be
as
euill
,
as
profitable
,
for
the
Clergie
to
possesse
superfluously
;
for
by
this
meanes
they
haue
forsaken
Gods
seruice
,
which
they
haue
in
charge
to
prosecute
;
and
in
the
Ecclesiasticall
lawes
there
is
an
whole
title
to
this
effect
:
S.
Paul
in
a
few
words
commandeth
;
Nemo
militans
Deo
,
implicat
se
negotijs
secularibus
,
vt
ei
placeat
cui
se
probauit
.
S.
Iohn
Chrysostome
,
wherein
he
sheweth
,
That
two
maine
inconueniences
proceed
from
the
riches
of
the
Church
;
one
,
That
the
Laitie
by
that
meanes
cease
from
giuing
of
almes
;
and
another
,
That
Clergie
men
,
leauing
their
cures
,
which
is
the
cure
of
soules
,
they
become
Proctors
,
Economists
,
and
Tole-gatherers
,
practising
things
vnbeseeming
their
Ministerie
.
The
Clergie
sometimes
with
grieuous
complaints
doe
vrge
,
That
they
are
forbidden
that
which
is
permitted
to
all
other
sorts
of
men
,
euen
vnto
the
vilest
and
most
infamous
;
as
if
they
were
of
worser
qualitie
than
they
.
To
which
we
may
answer
:
First
,
that
euery
thing
is
not
conuenient
for
euery
body
:
and
it
is
no
consequent
,
though
one
thing
be
granted
vnto
others
,
that
therefore
it
should
be
permitted
them
also
.
Souldiers
and
Gentlemen
are
suffered
to
goe
armed
;
should
the
same
be
likewise
permitted
vnto
them
?
And
the
same
not
being
granted
,
may
they
iustly
esteeme
themselues
herein
iniuried
,
and
that
they
are
worse
intreated
than
all
others
?
when
if
any
body
in
the
Common-wealth
possesse
more
than
his
part
,
it
is
conuenient
he
should
purchase
no
more
.
Constantinus
,
Porfirogenitus
,
Romanus
&
Basilius
,
Emperors
of
Constantinople
,
made
laws
,
that
the
Patritians
and
Senators
,
Bishops
and
Monasteries
,
might
purchase
nothing
of
their
inferiors
by
sale
,
donation
,
or
testament
,
to
preserue
that
necessary
member
of
the
Common
wealth
:
and
so
may
the
Senat
make
another
law
vpon
the
goods
of
the
subiect
,
conuenient
for
their
good
gouernment
,
when
need
requires
:
and
so
they
haue
done
vpon
Ecclesiastical
persons
at
this
present
,
because
the
bodie
of
the
Common
wealth
must
be
kept
in
such
temper
,
to
the
end
that
any
one
member
exceed
not
his
due
proportion
,
&
that
the
bodie
by
this
means
become
monstrous
;
and
taking
to
it selfe
more
nourishment
than
is
requisit
,
it
may
preiudice
the
other
members
,
in
abridging
them
of
their
allowance
;
and
so
of
it selfe
not
being
able
to
digest
this
superfluitie
,
it
comes
to
be
possessed
with
euill
humors
,
whereupon
,
first
infirmitie
groweth
to
it selfe
,
and
afterwards
corruption
to
the
whole
bodie
.
But
the
Ecclesiasticall
State
in
this
dominion
,
is
a
member
which
may
be
thought
to
be
an
hundred
part
of
the
whole
number
of
inhabitants
,
and
yet
hath
drawen
vnto
it selfe
a
portion
of
the
goods
,
not
proportionable
to
the
same
:
for
in
the
territories
of
Padoa
they
haue
more
than
a
third
part
;
in
the
precincts
of
Bergamo
more
than
the
halfe
:
and
there
is
no
place
where
they
doe
not
enioy
at
least
a
fourth
of
the
goods
and
wealth
;
and
if
they
were
suffered
yet
still
to
purchase
,
there
is
no
doubt
,
but
in
time
they
would
be
Lords
of
the
whole
countrey
,
leauing
all
others
poore
and
naked
,
yea
,
euen
slaues
,
and
cutting
off
the
Seculars
from
all
sustentation
and
nourishment
.
The
time
and
place
present
require
a
law
,
which
may
prohibit
such
an
excesse
.
In
ancient
times
,
when
the
State
Ecclesiasticke
was
gouerned
after
the
same
maner
as
the
blessed
Apostles
instituted
it
,
and
the
holie
Fathers
after
their
examples
prosecuted
the
same
,
it
was
then
very
profitable
that
it
should
possesse
much
;
and
in
the
bodie
of
the
Common-wealth
it
was
like
the
stomacke
,
which
receiued
indeed
all
the
meat
,
but
so
it
digested
little
for
it selfe
,
and
much
for
others
.
And
thus
the
Clergie
possessing
much
,
and
participating
but
sparinglie
of
the
profit
of
the
incomes
it selfe
,
but
distributing
all
the
remainder
in
almes
deeds
,
they
were
very
emolumentall
to
the
Common-wealth
:
for
the
which
reason
also
,
euery
one
laboured
to
powre
vpon
them
goods
and
possessions
,
because
the
more
they
had
,
the
more
it
redounded
to
publike
vtilitie
and
profit
,
in
which
the
Ecclesiasticks
were
Gardians
,
and
Procurers
for
the
poore
and
needie
;
so
that
from
this
no
monstruositie
was
deriued
,
goods
Ecclesiasticall
being
as
common
goods
,
which
gaue
nourishment
and
increase
to
all
the
whole
bodie
proportionablie
,
and
not
to
one
part
alone
.
But
this
laudable
custome
now
being
come
to
an
end
,
the
substance
and
goods
conueyed
ouer
to
the
Church
,
surmount
in
measure
and
equalitie
;
and
this
is
too
disproportionable
for
the
body
of
the
Common-wealth
,
which
would
finde
a
great
discommoditie
,
if
it
should
further
augment
:
neither
could
it
be
well
gouerned
,
but
of
necessity
either
it
must
be
reduced
to
his
true
measure
and
proportion
,
or
els
the
ruine
of
the
whole
bodie
must
succeed
.
And
though
we
haue
spoken
of
Ecclesiasticall
goods
,
as
common
to
them
all
,
yet
is
not
the
possession
thereof
equallie
diuided
amongst
them
;
nay
,
and
which
is
more
,
the
fourths
of
the
Religious
liue
not
vpon
the
Church
reuenewes
,
but
vpon
almes
,
and
secular
mens
deuotions
;
the
possessions
and
reuenewes
lying
in
the
hands
of
a
few
of
the
Clergie
,
which
scarsely
amount
to
the
fourth
part
of
them
.
And
that
which
more
importeth
,
is
,
that
the
moitie
of
these
inhabit
out
of
the
State
,
and
yet
these
hale
vnto
themselues
all
the
reuenewes
,
with
most
euident
losse
and
preiudice
to
publike
seruices
and
emploiments
.
Many
things
in
their
beginnings
haue
beene
good
,
which
altering
with
time
become
most
pernicious
.
The
purchase
of
the
Clergie
men
,
which
was
excellent
in
the
beginning
,
is
fallen
by
foure
degrees
,
vnto
this
present
State
:
First
,
Clerici
sunt
Domini
fructuum
:
although
the
sacred
Canons
and
holy
Fathers
haue
euer
constantly
preached
,
that
the
Ecclesiasticall
goods
belonged
to
the
poore
:
For
which
cause
also
the
sacred
Councell
of
Trent
:
Omnino
interdicit
Episcopis
,
ne
ex
reditibus
Ecclesiae
,
consanguineos
,
familiare
sue
suos
augere
studeant
,
cùm
&
Apostolorum
Canones
prohibeant
,
ne
res
Ecclesiasticas
,
quae
Dei
sunt
,
consanguineis
donent
.
Sed
si
pauperes
sint
,
ijs
vt
pauperibus
distribuant
.
And
a
little
vnderneath
;
Quae
verò
de
Episcopis
dicta
sunt
,
eadem
non
solùm
in
quibuscunque
beneficia
Ecclesiastica
tam
saecularia
,
quàm
regularia
obtinentibus
pro
gradus
sui
conditione
obseruari
,
sed
ad
S.
R.
E.
Cardinales
pertinere
decernit
.
And
Ecclesiasticks
should
not
so
sinisterly
interpret
a
law
made
for
a
publike
necessitie
,
it
being
so
conformable
to
equitie
and
iustice
,
and
say
that
it
was
made
to
make
them
inferiors
to
base
and
illiberall
men
:
they
might
rather
haue
said
,
it
would
be
farre
better
that
they
would
liue
conformable
to
the
Apostles
.
But
will
they
then
peraduenture
alledge
,
But
let
them
be
contented
willingly
with
that
which
they
haue
,
which
is
so
far
aboue
their
share
;
and
so
we
shal
quickly
be
at
a
point
.
The
example
of
Moyses
is
worthy
of
imitation
in
chap.
36
of
Exodus
,
who
hauing
exhorted
the
people
to
offer
vp
gold
,
siluer
,
and
other
precious
things
for
the
building
of
the
Temple
,
when
there
was
more
offered
then
was
conuenient
,
he
appointed
by
a
publike
proclamation
,
that
no
body
should
offer
any
more
.
And
we
may
adde
vnto
all
this
,
an
other
reason
also
;
If
by
these
lawes
the
Ecclesiasticall
libertie
were
infringed
;
then
by
the
Lawes
Pontificall
also
,
which
prohibite
the
Ecclesiasticks
to
alienate
any
thing
to
Seculars
,
the
Secular
libertie
should
be
iniuried
,
and
by
this
meanes
they
might
make
Lawes
,
to
take
away
other
mens
libertie
,
and
they
might
not
doe
the
like
againe
vnto
them
:
and
this
reason
is
so
much
the
more
preualent
,
in
that
Laie
possessions
though
they
might
not
be
passed
ouer
to
the
Clergie
,
yet
the
price
thereof
might
be
conueied
,
and
with
licence
the
goods
themselues
by
a
iust
sale
;
but
the
Ecclesiasticks
can
not
alienate
vpon
any
gratuite
bargaine
whatsoeuer
,
nor
sell
,
nor
change
,
but
with
good
gaine
and
aduantage
;
and
if
the
Seculars
which
haue
more
reason
,
complaine
not
of
this
,
why
should
they
grieuously
complain
for
a
matter
of
farre
lesse
consequence
?
I
will
finish
this
point
with
this
saying
;
That
before
the
yeere
400
of
our
sauing
health
,
Valentinian
,
Valent
,
and
Gratian
made
a
Law
;
2.
140.
l.
2.
t.
8.
§.
Lodouicke
Molina
testifieth
in
the
ordinances
of
Portugall
,
that
there
was
a
law
made
;
that
Churches
and
Monasteries
might
not
,
either
by
sale
,
donation
,
or
succession
,
purchase
any
thing
stable
,
to
the
end
that
Ecclesiasticall
reuenues
and
possessions
might
not
immeasurablie
encrease
,
to
the
preiudice
of
the
Laietie
;
he
further
adding
,
that
in
other
kingdomes
of
Spaine
also
the
same
law
was
in
force
.
Certaine
it
is
,
Saluius
Guilianus
answers
;
Omnes
debere
sequileges
&
consuetudines
vrbis
Romae
,
as
the
Emperour
Iustinian
reporteth
;
Pius
Quintus
in
like
maner
in
the
towne
of
Bosco
,
where
he
was
borne
,
hauing
built
there
a
great
Monasterie
,
because
the
towne
might
not
come
to
decay
,
he
prohibited
for
euer
the
Clergie
,
to
buie
any
thing
of
the
Laietie
:
and
Clement
the
Eight
perceiuing
how
much
the
house
of
Loreto
possessed
,
for
preseruation
to
the
Laietie
,
he
forbad
them
to
buie
any
more
.
And
in
Genoa
also
,
there
is
a
generall
Constitution
,
that
all
goods
should
be
tied
to
the
Common-wealth
,
so
as
they
might
not
be
alienated
to
the
Clergie
.
Peraduenture
some
will
answer
;
that
Pope
Clement
made
such
a
law
,
as
a
temporall
Prince
,
hauing
first
asked
leaue
of
himselfe
,
as
he
was
Pope
,
to
doe
so
.
A
very
profound
consideration
indeed
,
but
yet
not
conformable
to
the
solide
,
morall
,
and
diuine
doctrine
,
which
teacheth
that
God
hauing
giuen
the
gouernment
of
a
State
to
him
that
is
Prince
thereof
,
with
independent
power
in
things
temporall
,
he
hath
also
giuen
him
authoritie
of
himselfe
,
and
without
the
licence
and
permission
of
any
body
else
,
to
make
all
those
lawes
which
are
necessary
to
maintaine
it
.
We
neuer
finde
that
God
made
any
precept
or
commandement
,
which
to
performe
we
must
needs
haue
leaue
of
an
other
.
In
things
indifferent
,
or
good
,
so
they
be
liberall
and
free
,
it
may
so
occurre
,
that
an
error
may
be
committed
against
the
superiors
will
;
but
for
those
which
are
expresly
commanded
by
God
,
that
which
S.
Peter
sayth
,
doth
touch
them
neere
:
Obedire
oportet
Deo
,
magis
quàm
hominibus
.
Signarolus
,
Alexander
,
Barbaccius
,
Crotus
,
Tiraquellus
,
Gaelius
,
Renatus
,
and
Copinus
;
by
reading
of
whom
euery
one
may
plainly
discouer
,
whether
this
were
any
sufficient
cause
,
against
which
to
proceed
with
censures
,
and
the
principallest
points
in
such
a
sentence
not
hauing
beene
duly
obserued
.
Whereupon
it
will
not
be
altogether
vnprofitable
to
deliuer
some
thing
also
about
the
order
obserued
by
the
Pope
herein
,
to
the
end
that
we
may
plainly
see
how
many
nullities
passed
in
the
management
of
such
a
businesse
;
of
such
a
iudgment
or
censure
I
will
not
say
,
because
wanting
all
substance
thereof
,
it
can
not
so
iustly
be
tearmed
.
The
Diuines
say
,
That
an
vniust
sentence
may
well
appeare
externally
to
be
a
iudgment
,
but
in
it selfe
truly
it
is
not
so
:
as
also
,
That
euery
vniust
iudgment
is
of
it selfe
nothing
;
and
That
an
indirect
iudgment
is
no
more
a
iudgment
,
than
a
dead
man
is
a
man
.
But
what
?
we
see
in
it
a
plaine
formall
defect
,
and
this
of
that
substance
,
as
it
makes
it
altogether
immomentall
.
First
it
was
declared
,
without
any
citation
preceding
,
That
the
old
and
new
lawes
,
of
not
alienating
of
goods
,
and
building
of
Churches
without
licence
,
are
against
the
authoritie
of
the
Apostolike
See
,
and
of
Ecclesiasticall
liberty
,
and
that
the
Law-makers
themselues
haue
herein
incurred
censure
;
and
yet
it
is
an
apparent
point
in
all
the
Ciuilians
,
That
citations
are
de
iure
naturali
,
and
also
very
requisit
in
all
causes
declaratory
.
The
which
may
well
serue
for
a
nullitie
of
the
aboue-mentioned
Breue
,
and
of
whatsoeuer
hath
beene
prosecuted
in
vertue
of
the
same
.
But
that
so
many
godly
men
alreadie
dead
in
Christ
,
and
which
haue
alwayes
communicated
with
the
Popes
of
their
times
,
should
be
denounced
excommunicate
;
what
is
it
els
,
but
to
condemne
so
many
of
the
Popes
predecessors
,
and
to
auerre
,
that
they
discharged
not
so
well
their
care
of
soules
as
they
ought
to
haue
done
?
And
I
assure
you
,
amongst
them
there
were
diuers
Popes
of
singular
vertue
and
pietie
.
The
Pope
yeelds
a
reason
,
why
he
determined
to
proceed
against
the
Common-wealth
,
saying
:
Cum
praetermissi
officij
nostri
,
&
causae
Ecclesiae
desertae
à
nobis
rationem
extremo
Iudicij
die
exigi
à
Deo
nullo
modo
velimus
;
neque
enim
existimetis
nos
qui
alioquin
pacis
&
quietis
publicae
cupidissimi
sumus
,
omnesque
nostros
cogitatus
eò
intendimus
,
vt
soli
Deo
interuenientes
rem
Christianam
,
quantum
possumus
,
pacatè
gubernemus
,
quique
omnium
animos
,
praesertim
maximorum
Principum
,
nobiscum
ea
in
re
consentientes
esse
optamus
,
si
aliquando
Sedis
Apostolicae
authoritas
laedatur
,
si
Ecclesiastca
libertas
,
&
immunitas
impetatur
,
si
Canonum
decreta
negligantur
,
Ecclesiarum
iura
,
&
Ecclesiasticarum
personarum
priuilegia
violentur
,
quae
muneris
nostri
summa
est
,
id
aliquo
modo
dissimulaturos
,
aut
officio
nostro
defuturos
;
hac
verò
in
re
id
vobis
persuasum
esse
volumus
,
nos
nullis
humanis
rationibus
moueri
,
aut
quiddam
praeter
Dei
gloriam
quaerere
,
aliudque
habere
propositum
,
nisi
perfectam
,
quoad
eius
fieri
possit
,
Apostolici
regiminis
functionem
.
And
surely
his
H.
not
without
iust
cause
,
may
well
feare
a
iudgement
diuine
,
hauing
offended
in
his
Pastorall
office
,
because
God
threatneth
by
Ieremias
:
Veh
Pastoribus
qui
dispergunt
,
&
dilacerant
gregem
pascuae
meae
,
dicit
Dominus
.
Ideo
haec
dicit
Dominus
Deus
Israel
ad
pastores
qui
pascunt
populum
meum
,
dispersistis
gregem
meum
,
&
eiecistis
eos
,
&
non
visitastis
eos
:
Ecce
ego
visitabo
super
vos
malitiam
studiorum
vestrorum
,
ait
Dominus
.
And
to
the
people
he
promiseth
:
Dabo
vobis
Pastores
iuxta
cor
meum
,
&
pascent
vos
scientia
&
doctrina
.
For
this
is
most
certeine
,
that
the
very
summe
of
all
Pastoral
charge
consisteth
in
the
preaching
of
the
Gospell
,
in
holy
admonitions
and
instruction
to
Christian
conuersation
,
in
the
administration
of
the
Sacraments
,
a
care
ouer
the
poore
,
and
in
the
punishment
of
such
offences
as
absolutely
exclude
vs
out
of
the
Kingdome
of
God
:
these
being
things
which
our
Sauior
Christ
recommended
ouer
vnto
S.
Peter
,
committing
them
to
his
charge
;
the
which
things
only
were
practised
by
him
,
as
also
by
the
holy
Martyrs
his
successots
,
and
the
holy
Confessors
also
,
which
succeeded
them
from
time
to
time
;
but
not
in
such
a
maner
,
as
the
darknesse
succeeds
the
light
.
In
the
sacred
Scriptures
wee
learne
,
that
the
glorie
of
God
consisteth
in
the
propagation
of
the
Gospell
,
and
in
good
Christian
life
;
S.
Paul
speaks
)
in
the
mortification
of
the
externall
man
,
in
the
life
of
the
internall
,
and
in
the
exercise
of
charitable
deeds
.
For
if
the
glorie
of
God
should
lie
in
the
abundance
of
Temporall
goods
,
we
might
haue
iust
cause
to
be
afrayd
of
our selues
,
seeing
Christ
hath
promised
to
his
nothing
but
pouertie
,
That
which
by
some
one
hath
beene
dispersed
in
diuers
places
,
and
to
many
persons
,
is
very
different
from
the
doctrine
of
S.
Paul
;
which
is
,
S.
Paul
is
:
Si
tradidero
corpus
meum
,
ita
vt
ardeam
,
charitatem
autem
non
habuero
nihil
sum
.
We
reade
in
the
holy
Euangelists
,
that
our
Sauiour
in
the
day
of
iudgment
will
demand
an
account
of
the
wicked
for
not
hauing
vsed
the
works
of
mercy
&
pitie
:
Esuriui
enim
,
&
non
dedistis
mihi
manducare
:
Sitiui
,
&
non
dedistis
mihi
potum
:
Hospes
eram
,
&
non
collegistis
me
:
Nudus
,
&
non
operuistis
me
:
Infirmus
,
&
in
carcere
,
&
non
visitastis
me
.
But
so
we
need
not
to
feare
,
that
God
will
call
vs
to
an
account
for
cutting
off
all
libertie
from
the
wicked
to
offend
their
neighbour
;
or
that
a
part
or
portion
of
goods
belonging
to
them
,
should
be
allotted
to
the
Seculars
:
nay
more
than
that
,
we
may
boldly
giue
all
the
goods
of
the
Church
to
the
poore
,
without
any
wayes
offending
of
God
therein
.
Neither
may
we
heere
also
omit
to
ponder
a
little
the
last
words
of
that
Breue
,
where
it
thus
runneth
:
Quinimo
,
nulla
alia
ratione
meliùs
publica
illa
Christianae
religionis
incommoda
,
in
quibus
euitandis
tantopere
insistitis
,
longe
à
vobis
propulsabitis
,
quàm
si
Ecclesiarum
,
&
Ecclesiasticorum
,
qui
pro
vobis
dies
ac
noctes
excubant
,
&
assiduas
ad
Deum
preces
effundunt
,
immunitates
&
iura
(
prout
religiosos
&
pios
viros
decet
)
conseruaueritis
.
The
Common-wealth
questionlesse
hath
need
to
be
assisted
with
the
Clergies
prayers
,
for
which
cause
she
dayly
recommendeth
herselfe
vnto
them
,
as
vnderstanding
well
what
the
Wise
man
sayth
:
Non
despexit
deprecationem
pauperis
:
considering
that
then
a
number
of
Monks
and
Hermits
,
which
did
and
do
liue
in
great
pouertie
and
humilitie
,
had
done
and
do
verie
euill
therein
,
they
being
otherwise
of
a
firme
beliefe
,
that
in
such
a
State
their
prayers
will
more
easily
ascend
before
the
presence
of
God
.
But
now
it
is
high
time
to
passe
ouer
vnto
the
third
point
in
controuersie
;
the
which
consists
in
the
matter
of
sentencing
Ecclesiasticks
,
the
which
subiect
must
distinctly
be
entreated
of
,
seeing
the
Breue
vpon
this
argument
was
also
presented
at
an
other
time
.
Peraduenture
diuine
Prouidence
heerein
had
a
hand
,
that
an
error
should
be
committed
by
one
of
the
Popes
ministers
,
whosoeuer
it
were
,
in
presenting
of
the
Breues
,
to
the
end
his
holinesse
might
haue
some
time
better
to
weigh
of
what
moment
the
affaire
was
,
which
he
then
tooke
in
hand
;
but
notwithstanding
this
,
his
Ho.
forbare
not
expresly
to
command
,
that
the
other
Breue
vpon
the
two
prisoners
should
be
presented
,
as
it
was
on
the
25
of
Februarie
,
with
this
superscription
;
Marino
Grimano
Duci
,
&
Reipublicae
Venetorum
:
although
his
Ho.
was
priuie
to
the
death
of
that
Prince
,
which
had
fallen
out
two
moneths
before
,
and
he
had
procured
congratulatorie
offices
to
passe
betwixt
him
&
this
renowmed
present
Prince
his
successor
.
Some
Canonist
peraduenture
may
defend
this
action
with
their
doctrine
;
Papa
est
iudex
viuorum
,
&
mortuorum
;
but
rather
we
may
suppose
he
imagined
thus
,
that
the
selfe
same
dignitie
remaining
,
the
change
of
persons
was
of
no
great
importance
;
in
which
point
notwithstanding
,
the
Canonists
are
quite
opposite
against
him
,
who
are
of
opinion
,
that
in
treating
of
censures
,
it
being
tearmed
an
odious
subiect
,
the
words
ought
most
strictly
to
be
construed
:
so
that
if
he
pretend
this
present
renowmed
to
be
sufficiently
admonished
thereby
,
they
will
no
waies
grant
it
him
;
for
euen
in
this
respect
he
hath
proceeded
against
him
,
without
obseruing
a
circumstance
very
material
in
iudgments
,
which
is
,
a
citation
for
the
declaration
,
and
an
admonition
for
the
censure
.
We
must
hold
this
for
infallible
,
that
if
the
Pope
had
but
duly
regarded
the
reasons
whereupon
the
Common-wealth
of
Venice
groundeth
her
authoritie
for
iudging
persons
Ecclesiasticall
,
he
would
neuer
haue
mooued
one
word
about
the
same
;
but
seeing
he
would
not
discusse
nor
heare
the
reasons
of
the
same
Common-wealth
,
with
that
patience
,
maturitie
,
and
charitie
,
as
was
expected
from
his
Ho.
as
being
the
generall
Father
of
all
Christendome
:
no
maruell
though
he
blame
the
iudgements
of
the
Common-wealth
,
affirming
them
to
be
grounded
vpon
vse
and
naked
custome
,
and
vpon
some
Pontificall
Breue
.
The
Senate
made
answer
to
the
Popes
Breues
in
few
words
,
and
that
they
wondred
how
new
cause
of
controuersie
daily
grew
,
and
he
attempted
to
shake
those
foundations
vpon
which
their
libertie
had
beene
grounded
,
for
the
space
of
a
thousand
two
hundred
yeeres
.
For
euen
from
the
cradle
and
swathing
clouts
of
the
Common-wealth
,
their
predecessors
receiued
authoritie
from
God
,
to
punish
any
kind
of
delinquents
,
the
which
they
haue
continually
put
in
practise
to
the
honor
of
his
diuine
Maiestie
,
with
publike
peace
,
the
approbation
of
his
H.
precedents
,
and
vniuersall
commendation
and
praise
.
Of
custome
there
was
no
mention
made
,
considering
that
their
power
was
much
more
firmly
and
deeply
rooted
,
then
vpon
an
vse
,
though
neuer
so
immemorable
,
because
they
held
this
doctrine
of
the
best
Diuines
and
Canonists
for
vndoubted
,
that
the
exemption
of
persons
Ecclesiasticall
from
the
Secular
Courts
,
vpon
offences
not
Ecclesiasticall
but
Temporall
,
or
as
Iustinian
saith
,
ciuill
,
comes
not
De
iure
diuino
,
but
through
the
priuiledges
of
Princes
;
except
one
should
be
so
madde
as
to
take
the
signification
of
these
words
,
ius
diuinum
so
largely
,
or
abusiuely
,
as
to
extend
them
to
ius
humanum
too
.
This
doctrine
,
that
if
the
Clergie
were
not
by
some
fauour
or
priuiledge
exempted
,
they
were
to
be
subiect
to
the
Secular
Magistrate
,
it
is
declared
and
confirmed
by
examples
in
the
old
Testament
,
where
we
may
see
,
that
all
Kings
haue
commanded
,
iudged
,
and
punished
Priests
;
and
that
this
was
not
performed
by
wicked
and
reasonable
good
Kings
onely
,
but
by
those
also
most
holy
and
godly
,
Dauid
,
Salomon
,
Ioas
,
Ezechia
,
and
Iosia
;
and
in
the
Gospell
we
finde
it
precisely
in
the
words
which
our
Sauiour
Christ
deliuered
vnto
Pilate
,
Non
haberes
potestatem
aduersus
me
vllam
,
Super
Ioh.
tract.
116.
Epist.
42.
in
2.
q.
62.
a.
1.
Act.
25.
that
Pilats
iudgement
was
indeed
very
wicked
,
but
not
vsurped
;
and
besides
this
,
we
haue
a
confirmation
also
thereof
in
the
example
of
S.
Paul
;
who
doubting
lest
that
Festus
vnder
pretext
of
iudging
him
at
Ierusalem
,
would
haue
deliuered
him
into
the
Iewes
hands
,
he
appealed
to
Caesar
;
which
he
would
neuer
haue
done
,
if
he
had
not
beene
his
lawfull
Iudge
,
it
being
a
mortall
sinne
to
appeale
to
him
,
that
hath
no
lawfull
power
nor
authoritie
to
be
so
appealed
vnto
.
A
moderne
writer
makes
a
profound
consideration
heereof
;
which
is
,
that
S.
Paul
would
haue
appealed
to
Peter
,
but
he
did
not
,
because
it
would
haue
beene
reputed
in
him
a
great
follie
;
a
consideration
surely
worthie
of
a
perspicuous
and
deepe
vnderstanding
,
but
yet
not
beseeming
the
resolute
constancie
of
S.
Paul
,
that
he
did
forbeare
to
speake
a
trueth
for
feare
of
being
thought
a
foole
:
He
had
not
this
respect
before
Festus
,
and
he
ceased
not
to
vtter
those
words
vpon
which
the
Prefect
answered
him
;
Insanis
Paule
:
and
S.
Paul
himselfe
then
said
;
Looke
in
S.
Augustine
,
for
he
putteth
himself
also
now
into
the
number
of
those
which
are
subiect
to
the
secular
Prince
;
obserue
Chrysostome
,
Theodoret
,
Theophylact
,
and
Oecmenius
,
who
with
very
manifest
and
plaine
words
include
within
this
compasse
,
Apostles
,
Euangelists
,
Prophets
,
Priests
,
and
Monks
.
Read
S.
Thomas
vpon
the
same
place
,
and
you
shall
see
how
he
most
cleerely
affirmeth
,
that
all
Ecclesiasticall
exemption
grew
from
Princes
their
priuiledges
.
We
haue
a
famous
example
of
this
in
Polycarpus
Bishop
of
Smirna
,
and
disciple
to
S.
Iohn
the
Euangelist
,
one
of
the
excellent
Founders
of
our
faith
;
whose
words
reported
by
Eusebius
,
are
these
:
Magistratibus
enim
,
S.
Iohn
Chrysostome
answereth
in
a
few
words
:
Si
enim
Paulus
cum
Gentiles
adhuc
essent
Principes
,
praecepit
,
multo
magis
oportet
&
fidelibus
exhibere
,
quod
si
maiora
tibi
concredita
esse
dixeris
,
disce
non
nunc
honoris
tui
tempus
esse
,
peregrinus
enim
hic
es
,
&
aduena
,
tempus
erit
cum
omnibus
apparebis
illustrior
,
nunc
vero
vita
tua
abscondita
est
cum
Christo
,
in
Deo
;
quando
Christus
comparuerit
,
tunc
&
vos
comparebitis
in
gloria
.
Who
is
it
that
may
well
doubt
,
but
that
Ecclesiasticall
exemptions
haue
beene
the
priuiledges
of
Princes
,
when
the
selfe
same
lawes
and
priuiledges
are
extant
?
and
we
see
they
were
not
granted
all
at
one
time
,
but
by
little
and
little
;
the
which
I
will
set
downe
according
to
their
times
,
because
it
greatly
importeth
for
any
mans
satisfaction
,
that
desires
hereof
to
be
certified
.
Constantine
the
Great
,
about
the
yeere
1315
,
But
indeed
in
the
West
the
French
Emperours
and
Saxons
,
with
the
Kings
of
Italie
,
they
haue
diuersly
obserued
herein
;
sometimes
committing
of
iudgements
to
the
Clergie
,
and
otherwhiles
sentencing
not
only
Priests
and
Bishops
,
but
euen
the
Popes
themselues
;
one
while
referring
them
in
part
to
be
iudged
by
the
Spiritualtie
,
and
in
part
by
the
Magistrates
,
according
as
the
alteration
of
times
permitted
;
at
one
time
the
Popes
authoritie
preuailing
,
and
at
another
the
Emperours
.
And
at
last
,
Fredericke
the
second
,
about
1220
,
made
an
authenticall
insertion
into
Iustinianus
his
Codex
,
That
no
man
might
bring
any
ciuill
or
criminall
Clergy
man
before
any
Secular
Iudge
;
and
whosoeuer
readeth
the
titles
Episcopis
,
And
so
in
like
maner
,
this
Common-wealth
hath
diuided
offences
into
those
grieuous
,
and
others
light
and
little
importing
:
those
of
no
moment
are
put
ouer
to
the
Church
,
and
those
grieuous
,
committed
to
the
Magistrates
.
And
thus
haue
they
alwayes
proceeded
in
executing
the
iustice
and
libertie
of
their
iurisdiction
.
I
will
not
affirme
,
that
this
is
only
a
custome
,
which
being
contrarie
to
a
law
,
hath
in
tract
of
time
worne
out
the
vigor
of
the
same
law
it selfe
:
for
we
doubt
not
,
but
that
custome
must
not
preuaile
against
the
law
of
God
and
of
Nature
,
though
it
had
continued
for
many
thousand
yeeres
;
and
we
will
readily
confesse
thus
much
,
That
if
God
himselfe
had
euer
excepted
persons
Ecclesiasticall
,
the
act
of
any
Prince
whatsoeuer
,
decreed
to
the
contrarie
,
would
be
but
an
vsurpation
and
offence
against
God
.
And
further
,
to
the
former
we
will
annex
this
also
(
by
their
fauours
which
say
,
That
their
priuiledge
growes
de
iure
diuino
)
That
if
it
were
so
,
the
Pope
could
haue
no
power
to
bring
them
vnder
,
because
Seculars
should
not
then
be
capable
to
put
in
practise
that
,
by
the
Popes
dispensation
,
which
God
had
prohibited
.
God
hath
forbidden
Secular
men
to
say
Masse
,
to
confesse
,
and
such
like
:
the
Pope
can
not
by
any
of
his
dispensations
beare
them
out
herein
.
And
if
they
tell
me
,
that
this
is
ius
diuinum
,
indispensable
,
but
the
Popes
is
dispensable
,
not
to
argue
or
labour
to
shew
the
contradiction
which
is
in
saying
ius
diuinum
,
and
yet
dispensable
by
humane
authoritie
,
And
if
any
man
to
prooue
that
priuiledges
are
de
iure
diuino
,
should
alledge
the
example
of
Constantine
in
the
Councel
of
Nice
;
let
him
but
reade
it
ouer
againe
well
,
and
then
tell
me
whether
it
make
for
or
against
his
intention
.
Iustiman
the
Emperor
his
Nouels
:
the
3.
5.
6.
11.
123.
131.
133.
137.
with
abundant
perspicuitie
set
downe
,
what
exemptions
were
proper
to
Clergie
men
vnder
that
Emperour
,
and
what
they
enioied
before
his
time
.
If
then
in
the
beginning
by
the
priuiledges
of
Emperours
,
and
afterwards
through
some
conniuencie
they
haue
obtained
priuiledge
;
why
should
they
so
set
vp
their
bristles
when
the
Venecian
Common-wealth
saies
:
that
though
others
in
their
State
haue
permitted
that
enormious
crimes
also
in
the
Clergie
,
should
be
iudged
by
the
Ecclesiasticall
Courts
,
supposing
and
thinking
that
this
might
stand
well
with
their
gouernment
;
yet
they
neuer
yeelded
nor
consented
thereunto
,
as
reputing
it
a
thing
contrarie
to
their
publike
peace
and
tranquillitie
.
We
might
heere
further
alledge
;
that
these
exemptions
are
not
grounded
alike
in
no
Dominion
nor
Kingdome
;
and
he
that
does
but
read
what
the
Cryminalists
haue
written
,
but
especially
Clarius
in
particular
,
fin
.
q.
36.
shall
cleerely
see
how
diuersly
in
diuers
places
these
priuiledges
haue
beene
performed
and
practised
;
this
being
an
indissoluble
argument
,
that
they
are
not
de
iure
diuino
:
so
as
custome
may
ouerrule
them
,
and
that
the
Popes
decrees
vpon
this
point
,
haue
not
in
all
places
beene
receiued
.
And
heere
it
were
also
good
to
consider
,
that
in
the
Breue
of
the
10.
of
December
,
this
present
Pope
saith
;
a
Canon
and
an
Abbat
are
imprisoned
:
Personas
in
Ecclesiastica
dignitate
,
constitutas
.
There
might
a
thousand
Papall
Breues
be
produced
to
shew
,
that
Cannonicatus
non
est
dignitas
:
but
at
last
spying
this
error
in
their
Printed
Monitorie
,
they
haue
excluded
the
Canon
,
and
mentioned
onely
the
Abbat
,
propter
personam
,
in
dignitate
Ecclesiastica
constitutam
;
so
that
by
this
we
may
collect
,
that
euen
in
the
Popes
Breues
there
may
also
be
errors
,
especially
when
they
are
wrtiten
with
too
much
haste
,
which
is
an
occasion
they
are
not
therein
so
considerate
as
reason
requires
.
And
yet
there
is
some
doubt
whether
these
commendatorie
Abbatships
be
dignities
or
no
,
in
that
the
sacred
Councell
of
Trent
prohibiteth
all
Commendams
:
yet
it
greatly
concernes
this
Treatise
which
we
haue
in
hand
,
that
it
should
be
a
dignitie
,
and
that
heereupon
the
Pope
may
laie
his
foundation
so
as
if
it
were
a
poore
Priest
vnbeneficed
,
the
matter
would
not
be
so
great
.
For
the
qualitie
of
the
place
is
a
speciall
matter
to
make
the
priuiledge
greater
and
more
authenticall
;
considering
it
is
most
certaine
,
that
there
are
orders
appointed
in
the
Church
(
such
as
the
Sacraments
are
)
iure
diuino
,
amongst
which
Priesthood
is
the
highest
:
but
for
these
dignities
of
Abbats
,
Priors
,
Archdeacons
,
they
haue
beene
brought
in
iure
humano
:
wherefore
if
exemption
and
priuiledge
were
ex
iure
diuino
,
it
would
belong
principally
to
the
Priests
,
though
they
had
no
title
at
all
;
and
not
to
certaine
special
&
remarquable
places
,
as
they
would
haue
it
.
And
out
of
question
he
that
goes
about
to
dissolue
this
firme
knot
of
equity
&
reason
,
he
cannot
attempt
it
without
pain
and
great
labor
.
This
argument
requires
the
consideration
of
two
qualities
in
the
person
of
the
Pope
;
the
one
of
the
Bishop
of
Rome
;
a
Bishop
of
that
particular
Church
,
and
the
vniuersall
head
ouer
all
others
;
and
an
other
,
as
he
is
Prince
of
that
State
,
which
he
possesseth
;
for
though
at
this
present
they
are
ioyned
together
,
yet
is
it
not
necessarie
that
either
the
Temporall
Prince
of
Rome
should
be
a
Pope
;
as
that
the
Pope
should
be
a
Prince
.
It
boots
not
now
to
expresse
when
both
these
qualities
were
vnited
,
for
it
is
peraduenture
aboue
foure
hundred
yeeres
:
and
yet
say
it
had
so
beene
this
eight
hundred
yeeres
,
this
would
not
a
whit
disable
our
discourse
;
as
Pope
in
the
Citie
of
Rome
,
he
hath
there
his
Vicar
or
Vicegerent
,
and
in
other
cities
vnder
him
,
Archbishops
,
Bishops
,
and
other
Ecclesiasticall
Rectors
;
and
as
a
Prince
he
hath
Ministers
,
Gouernors
,
Iudges
,
and
others
,
who
though
they
be
partly
Priests
,
yet
as
being
Priests
they
doe
not
discharge
those
offices
,
and
many
of
them
also
are
meere
Lay
men
.
Now
when
any
Ecclesiasticall
Priest
or
Friar
,
commiteth
any
enormious
offence
,
we
see
,
that
the
Bishops
or
those
that
discharge
Ecclesiasticall
places
,
doe
not
punish
them
,
Terre
de
noua
,
Corte
Sauella
,
and
the
towne
of
Boloqua
with
other
Lay
prisons
,
full
of
Priests
and
condemned
Friars
;
and
that
which
importeth
more
then
all
the
rest
,
during
the
Popedomes
of
Sixtus
and
Clement
,
there
were
Friars
hanged
,
with
their
regular
habite
on
their
backs
.
This
assuredly
was
but
iust
and
necessarie
,
for
otherwise
the
State
Ecclesiasticall
could
not
liue
in
peace
.
Wherefore
other
States
are
not
free
from
this
necessitie
;
and
if
his
Holinesse
would
please
to
measure
other
mens
occasions
by
his
owne
,
he
would
not
condemne
Princes
for
punishing
such
Priests
,
as
liue
not
like
Priests
.
And
we
must
not
suppose
that
in
other
States
there
is
that
perfection
which
is
not
in
our
owne
;
but
rather
we
ought
to
giue
an
example
of
that
in
our selues
which
we
desire
others
should
be
;
for
seeing
the
euil
which
ariseth
of
the
contrarie
,
wee
shall
seeme
to
haue
a
feeling
of
others
necessities
.
I
know
well
what
answer
will
be
made
,
and
that
is
this
;
that
the
Pope
hath
concurring
with
him
the
two
dignities
before
mentioned
;
the
one
of
a
Prince
,
and
the
other
of
chiefe
Bishop
;
and
therefore
as
a
Prince
,
seeing
it
necessarie
for
the
good
gouernment
of
his
State
,
that
the
enormious
transgressions
of
the
Clergie
,
should
be
punished
by
the
Secular
power
;
he
demandeth
leaue
of
himselfe
as
being
high
Priest
,
and
as
he
grants
it
vnto
himselfe
;
so
he
can
likewise
affoord
it
vnto
others
,
if
they
request
it
by
way
of
fauor
;
this
is
a
medicine
more
insupportable
then
the
disease
,
and
hurteth
the
body
more
;
&
an
answer
which
diuideth
also
things
inuisible
.
Would
it
not
be
a
more
likely
thing
to
affirme
;
that
the
Pope
as
he
is
a
Prince
,
knowes
how
necessary
it
is
for
the
good
gouernments
sake
of
a
State
,
to
punish
with
temporal
authority
euerie
one
which
disturbeth
the
peace
,
though
he
be
one
of
the
Church
;
but
he
not
being
able
to
discerne
the
occasions
of
other
Princes
and
States
,
nor
consenting
to
the
authoritie
which
they
haue
from
God
,
he
only
takes
notice
of
his
owne
proper
authority
,
as
he
is
a
Pope
,
for
which
cause
he
would
also
haue
an
hand
in
there
gouernments
.
Heere
some
obiect
,
saying
;
all
punishment
is
for
the
correction
of
a
malefactor
;
otherwise
,
if
it
haue
not
reference
to
so
good
an
end
,
it
may
rather
be
tearmed
a
tyrannicall
act
:
and
the
correction
of
euery
offender
pertaines
to
his
superior
.
Wherefore
it
toucheth
not
a
Prince
greatly
,
whether
an
ecclesiasticall
delinquent
be
punished
or
no
;
let
him
in
Gods
name
looke
to
the
punishment
of
the
Laietie
;
for
if
Clergie
men
be
not
chastised
,
the
Prelats
must
giue
an
account
thereof
vnto
God
.
And
surely
this
reason
should
haue
concluded
very
well
,
if
the
maior
thereof
had
beene
true
,
which
is
,
that
the
punishment
of
a
malefactor
was
the
onely
end
of
criminall
iustice
.
It
is
an
end
indeed
,
but
a
secondary
end
,
and
the
least
of
two
,
it
being
for
a
priuate
benefit
;
but
the
principall
is
a
publike
end
,
and
consisteth
in
two
things
;
one
,
in
maintaining
of
good
customes
and
conuersation
in
the
Citizens
,
and
in
the
citie
tranquillitie
and
peace
;
and
an
other
is
,
that
when
any
one
vsurpeth
ouer
his
neighbour
aduantage
or
hard
dealing
,
by
afflicting
and
preiudicing
of
him
against
reason
,
by
inflicting
a
proportionable
punishment
againe
vpon
the
other
,
to
reduce
things
to
an
equalitie
.
When
the
Ecclesiasticall
person
,
laying
aside
the
feare
of
God
and
of
the
world
,
doth
violate
the
lawes
,
he
giues
therein
a
publike
offence
,
by
being
an
euill
example
vnto
the
Lay
man
,
who
by
such
an
imitation
grow
bad
and
wicked
:
and
moreouer
he
instigates
him
whom
he
iniured
,
to
seeke
reuenge
,
with
the
subuersion
of
publike
quiet
and
repose
.
It
ought
therefore
to
be
a
Princes
speciall
care
,
that
offences
may
be
punished
;
otherwise
,
by
the
reason
aboue
alledged
,
a
Prince
might
neuer
punish
a
stranger
which
should
offend
in
his
State
,
seeing
he
being
none
of
his
subiect
he
need
not
be
carefull
of
his
profit
or
good
.
A
Prince
doth
punish
a
stranger
,
not
as
hauing
in
this
a
simple
reference
to
correction
,
but
to
defend
his
owne
subiect
from
iniuries
,
as
he
is
bound
,
and
to
cut
off
all
wicked
example
which
might
induce
customes
pernicious
to
publike
peace
.
And
therefore
it
preuailes
not
to
say
,
If
it
be
necessarie
for
publike
good
,
that
a
Clergie
man
be
punished
,
let
the
Prince
procure
him
punishment
from
his
Prelate
,
and
so
let
him
suffer
the
Lay
Magistrate
to
execute
the
same
.
For
answer
to
which
,
we
must
obserue
,
that
the
Church
,
according
to
the
sacred
Canons
,
cannot
punish
in
poena
sanguinis
,
no
not
for
the
most
grieuous
and
enormous
offences
that
are
committed
;
but
the
chasticements
of
the
Church
must
be
with
censures
of
suspension
,
priuation
,
deposition
,
or
penalties
of
degradations
;
or
els
they
impose
the
profitable
penance
of
prayer
,
fasting
,
and
other
charitable
deeds
;
and
the
seuerest
sentence
which
they
denounce
,
is
,
to
confine
one
within
a
Monasterie
,
or
some
strait
prison
,
there
to
performe
perpetuall
penance
:
of
which
notwithstanding
,
we
haue
not
beene
eie-witnesses
in
these
our
daies
,
vpon
any
offence
,
how
hainous
soeuer
committed
.
And
if
some
whiles
they
enioyne
this
penance
for
any
long
time
;
after
relation
made
of
the
penitents
humilitie
,
and
his
willing
obedience
,
they
quickly
forgiue
him
,
and
readily
receiue
him
to
grace
and
fauour
.
And
notwithstanding
that
it
was
Iustinians
owne
commandement
,
that
offenders
should
be
committed
to
the
Secular
power
;
yet
the
common
and
receiued
opinion
of
all
Canonists
is
,
that
it
is
only
to
be
performed
in
three
cases
;
that
is
,
in
the
case
of
heresie
,
of
falsifying
letters
Apostolicall
,
and
vpon
conspiracie
against
their
owne
Bishop
:
for
they
rest
,
they
affirmatiuely
hold
,
That
if
a
Clerke
had
committed
neuer
so
foule
or
hainous
an
offence
,
yea
,
though
he
had
killed
the
Pope
himselfe
,
if
he
did
but
offer
to
vndergo
due
penance
for
the
same
,
that
he
ought
not
to
be
degraded
,
nor
deliuered
ouer
to
the
Secular
Iudge
,
but
to
be
confined
to
perpetuall
prison
.
From
this
qualitie
and
forme
of
iustice
it
followeth
,
that
Clergie
men
would
readily
transgresse
the
lawes
;
for
they
feeling
more
profit
and
pleasure
in
their
offence
,
than
losse
or
paine
in
the
punishment
,
they
make
choise
rather
of
this
chastisement
,
it
being
of
them
more
lightly
esteemed
,
than
to
be
depriued
of
their
proper
lusts
and
appetites
:
and
so
,
being
in
no
feare
at
all
of
their
liues
,
(
a
thing
,
that
for
the
most
part
doth
most
bridle
and
terrifie
all
malefactors
)
and
hoping
,
though
some
Ecclesiastical
penalties
be
imposed
vpon
them
,
to
take
vp
the
matter
againe
quickly
,
they
make
it
lawfull
without
any
law
at
all
,
to
enter
into
any
flagition
:
as
also
Ecclesiasticall
Courts
punish
not
those
offences
most
which
disturbe
publike
tranquillitie
,
but
rather
those
which
abridge
and
infringe
their
owne
interests
.
For
the
falsification
of
letters
Apostolicall
,
or
a
conspiracie
against
a
Bishop
,
which
are
the
cases
(
as
was
aboue
said
)
for
which
degradation
was
instituted
;
these
touch
not
the
Laity
so
neere
:
but
proditions
,
high
rreason
,
falsification
of
coine
,
man-slaughter
,
for
which
they
would
impose
their
Ecclesiasticall
penance
;
these
are
the
enormities
which
for
the
seruice
of
publike
quiet
and
peace
should
be
punished
with
rare
and
exemplar
seueritie
.
And
certeinly
a
Prelate
which
gouernes
his
Clerks
,
can
not
well
do
any
act
,
but
that
which
will
haue
most
reference
to
themselues
only
,
&
their
owne
benefit
:
neither
can
he
respect
the
profit
of
the
whole
common
wealth
in
punishing
of
his
priests
,
euen
as
an
housholder
doth
punish
his
sons
&
seruants
,
but
with
a
respect
to
the
good
of
his
owne
house
only
.
The
executions
and
chastisements
of
Princes
only
,
and
their
Substitutes
are
directed
,
and
truly
tend
to
common
benefit
,
which
is
his
reall
and
true
end
.
To
say
that
a
Clerke
should
be
punished
by
his
Prelate
for
hainous
offences
,
which
breake
publike
peace
,
it
is
no
other
,
but
to
say
,
Let
that
punishment
haue
reference
to
the
good
of
Ecclesiasticall
Order
;
and
for
the
Laitie
,
let
them
participate
only
of
the
preiudice
which
groweth
from
such
offences
as
the
other
commit
;
and
of
the
good
which
should
arise
from
their
chastisement
,
let
them
haue
no
part
at
all
.
And
to
speake
boldlie
the
trueth
;
Prelates
neuer
punish
Priests
for
offences
committed
against
Secular
men
,
but
vpon
great
instance
made
vnto
them
by
the
Magistrate
,
or
for
feare
lest
they
should
supplie
the
others
default
.
And
not
without
some
reason
:
for
their
care
is
how
to
gouerne
the
Presbyterie
,
and
not
how
to
defend
the
Secular
.
But
a
Prince
that
receiues
tribute
and
other
seruices
from
his
subiects
,
in
defence
of
their
liues
,
honour
,
or
goods
,
he
can
not
without
sinning
abandon
them
,
when
they
are
oppressed
by
their
insolencie
,
who
vnder
colour
of
priuilege
runne
into
all
impieties
,
permitting
that
malefactours
should
scape
vnpunished
;
or
els
to
be
chastised
only
with
Spirituall
penance
:
but
the
Prince
is
bound
to
punish
them
for
preseruation
of
iustice
,
and
the
example
of
others
;
especially
the
same
Prince
being
appointed
by
the
almightie
Creator
,
as
S.
Paul
sayth
,
Minister
Dei
Vindex
in
iram
ei
qui
malum
agit
:
wherein
if
he
faile
,
he
is
also
punished
with
depriuation
of
his
State
:
Regnum
de
gente
in
gentem
transfertur
,
propter
iniustitias
,
iniurias
,
contumelias
,
&
diuersos
dolos
.
And
besides
the
offence
vnto
God
,
whereinto
a
Prince
runnes
by
abandoning
his
subiects
,
and
they
wanting
their
due
protection
,
other
euils
hereof
ensue
;
all
which
do
tend
vnto
publike
ruine
.
Secular
men
thus
ined
by
Priests
in
their
liues
,
honor
,
or
goods
,
&
seeing
themselues
depriued
of
that
iust
reuenge
which
publike
authority
performeth
herein
,
they
are
with
some
colour
of
reason
inuited
as
it
were
heereby
to
priuate
prosecutions
;
and
which
is
worse
,
fearing
multiplication
of
wrongs
,
nor
hoping
for
iustice
at
the
Prelats
hand
,
they
go
about
to
preuent
it
with
their
own
;
and
thus
of
one
growes
a
thousand
other
inconueniences
,
which
procure
sedition
&
grieuous
disturbances
in
cities
.
And
for
that
which
is
further
vrged
in
defence
of
Ecclesiasticall
iudgements
,
That
exemption
from
Lay
Courts
is
granted
to
Clerks
in
honour
of
that
Order
,
which
being
dedicated
to
diuine
worship
,
it
is
but
reason
it
should
be
respected
.
This
is
a
thing
which
euery
good
iudgment
will
interpret
quite
contrarie
:
for
if
it
be
sayd
in
respect
of
him
who
hath
committed
the
offence
;
first
,
he
deserues
not
to
be
honored
;
and
S.
Paul
sayth
:
Vis
non
timere
potestatem
,
bonum
fac
,
&
habebis
laudem
.
For
Socrates
sayd
very
well
:
Vnhappie
he
is
that
sinneth
,
but
yet
much
more
vnhappie
if
he
shun
punishment
.
And
it
can
much
lesse
be
auerred
in
honour
of
the
good
,
for
they
may
be
blemished
by
the
companie
of
the
wicked
;
and
good
men
are
most
honoured
,
when
they
are
without
wicked
companie
.
S.
Paul
aduised
vs
:
Auferte
malum
de
vobismetipsis
,
modicum
fermenti
totam
mass●m
corrumpit
:
so
that
if
they
,
according
to
the
rule
of
the
sacred
canons
,
by
taking
away
of
a
wicked
mans
life
,
cannot
exclude
them
out
of
their
number
,
it
will
stand
well
with
Eclesiasticall
dignitie
,
that
their
goodnesse
being
separated
from
the
wicked
by
the
authoritie
of
the
Prince
,
it
may
remaine
by
this
meanes
the
more
pure
and
sincere
,
and
therefore
the
more
honoured
.
And
we
can
not
say
,
that
any
other
libertie
is
taken
from
them
,
but
a
libertie
of
doing
euill
.
By
these
considerations
it
is
more
then
manifest
,
that
the
Common-wealth
of
Venice
makes
no
account
of
any
extreamitie
,
as
by
instituting
of
lawes
,
by
administring
that
iustice
which
God
by
the
power
of
a
supreme
temporall
Prince
hath
put
into
her
hands
:
neither
hath
she
so
deserued
to
be
proceeded
against
with
Ecclesiasticall
censures
;
and
so
much
the
rather
,
because
these
thundrings
haue
come
foorth
with
such
expedition
,
that
euery
one
which
vnderstandeth
the
courses
of
Rome
,
may
woonder
from
whence
it
shoud
grow
,
that
causes
(
yea
and
those
sometime
of
small
moment
)
continuing
in
sute
so
longtime
in
Rome
,
that
most
of
them
end
rather
with
the
death
of
the
parties
,
then
by
the
Iudges
sentence
;
and
yet
in
a
matter
of
such
consequence
,
they
haue
proceeded
not
swiftly
,
but
euen
with
precipice
:
For
in
the
beginning
of
Nouemb.
these
matters
were
first
mooued
,
and
in
fiue
moneths
it
grew
to
such
a
furious
resolution
,
as
to
excommunicate
a
multitude
of
three
millions
of
soules
,
and
to
interdict
so
great
a
circuit
of
ground
and
dominion
,
especially
when
as
with
insupportable
impatience
they
attended
alwaies
this
short
time
with
complaint
,
that
some
delay
might
be
procured
;
and
so
to
make
vse
of
the
time
.
And
his
Holinesse
descended
to
such
a
resolution
in
making
it
onely
knowne
to
the
Cardinals
,
but
without
asking
their
opinion
heerein
,
as
commonly
they
doe
,
and
principally
in
cases
of
waightie
importance
,
and
not
without
some
grudging
of
the
Court
of
Rome
;
he
being
otherwise
accustomed
,
not
onely
to
acquaint
the
Cardinals
with
such
matters
,
but
further
to
vse
their
aduice
and
consultation
heerein
.
And
af
-
that
his
last
Breue
of
the
17.
of
Aprill
,
was
decreed
and
printed
the
same
day
,
he
deliuered
it
openly
in
the
Consistorie
,
and
proceeded
immediately
to
intimation
,
and
setting
them
vp
:
And
in
this
also
there
is
a
matter
of
great
wonder
,
for
it
being
professed
in
Rome
,
that
no
bodie
else
may
send
for
the
Processe
,
and
that
great
vigilancie
should
be
vsed
in
obseruing
of
the
order
,
it
running
in
euery
mans
mouth
by
way
of
a
prouerbe
;
Omnis
processus
formatus
exira
Curiam
,
vt
plurimùm
est
nulliu
;
yet
in
a
matter
of
so
great
moment
,
he
proceeded
without
citation
.
But
they
say
,
that
this
is
de
iure
naturae
,
and
they
haue
euer
in
their
mouthes
,
Adam
vbi
es
?
&
vbi
est
Abel
frater
tuus
?
and
yet
we
see
heerein
this
was
not
obserued
.
But
if
any
man
say
,
that
the
two
Breues
of
the
10
of
December
,
might
serue
for
a
sufficient
citation
,
there
are
three
things
which
contradict
this
:
the
first
is
;
that
those
two
first
Breues
of
the
tenth
of
December
,
are
also
tainted
with
this
incurable
disease
:
for
in
one
of
them
declaring
the
nullitie
of
the
Senats
lawes
,
and
that
they
who
made
them
,
had
incurred
censure
,
they
could
not
well
come
to
this
point
before
a
citation
,
to
deliuer
their
reasons
for
the
contrarie
.
Moreouer
,
admonition
is
one
thing
,
and
citation
an
other
,
as
the
Ciuilians
very
well
teach
vs
;
the
one
peremptorilie
commands
obedience
,
as
in
a
matter
already
decided
;
and
the
other
requires
but
a
discussion
to
know
whether
it
be
well
and
necessarie
,
or
that
we
are
bound
to
obey
:
wherefore
those
Breues
commanding
a
reuokement
of
lawes
,
and
a
consignation
of
prisoners
,
vnder
peace
,
censure
,
and
penalties
,
they
cannot
be
called
citatorie
,
but
monitorie
:
and
it
cannot
be
said
,
that
they
runne
in
the
tenour
of
a
citation
,
they
hauing
no
expresse
tearme
,
nor
time
set
downe
;
but
they
enioined
execution
immediately
.
As
also
we
cannot
affirme
,
that
the
Monitorie
was
conuertible
into
the
nature
of
a
citation
,
because
it
expressed
the
tearme
of
24.
daies
;
for
by
it
the
statutes
of
the
Common-wealth
were
frustrate
and
inefficacious
,
not
after
these
24.
daies
expired
,
but
euen
at
the
day
,
of
the
17
of
Aprill
:
wherfore
such
alike
annihilation
cannot
in
any
sort
be
conuerted
into
a
citation
.
And
so
much
lesse
in
respect
of
the
rest
,
there
wanting
in
the
same
,
a
clause
iustificatiue
,
without
which
it
cannot
onely
not
be
conuertible
into
a
citation
;
but
further
,
the
Monitory
it selfe
,
ipso
iure
,
is
nothing
,
together
with
the
excommunication
,
as
Nauarra
prooueth
at
large
vpon
the
chap
:
Cum
contingat
;
8
causa
nullitatis
.
And
yet
if
we
yeeld
to
all
these
defects
,
where
appeareth
any
citation
or
admonition
vpon
the
law
of
1602
?
which
men
say
concerned
goods
enfiteoticall
;
It
may
be
it
is
not
so
requisite
to
extend
into
a
discourse
concerning
the
desert
of
this
cause
of
Enfiteusi
,
The
Pope
saies
in
his
Monitorie
,
that
the
Duke
and
Senate
on
the
23
of
May
1602
,
taking
occasion
vpon
a
controuersie
occurring
betwixt
Doctor
Francesco
Zaberella
,
of
the
one
part
,
and
the
Monks
of
Pragia
of
the
other
,
they
did
not
onely
enact
,
that
the
Monkes
either
then
,
or
in
any
time
to
come
,
ought
not
to
pretend
plea
vnder
any
title
whatsoeuer
,
to
be
preferred
to
enfiteoticall
goods
,
possessed
by
the
Laietie
,
nor
obtaine
propertie
in
the
said
goods
,
by
the
claimes
,
prelation
,
consolidation
,
or
extinction
of
direct
line
,
or
vpon
any
other
title
whatsoeuer
,
their
direct
right
or
freehold
reserued
;
From
this
it
cannot
appeere
whether
his
Holinesse
reprehendeth
the
order
of
the
Senate
;
forasmuch
as
it
extendeth
to
all
places
and
persons
Ecclesiasticall
,
which
was
decided
,
in
the
cause
betweene
the
Monkes
and
the
Doctors
,
approuing
notwithstanding
this
foresaid
decision
,
in
a
particular
controuersie
;
or
whether
it
may
be
construed
,
that
he
reprehends
together
both
the
one
and
other
:
For
granting
that
the
Senate
had
lawfull
power
to
end
that
sute
,
and
to
denie
that
they
could
ordaine
by
a
generall
law
,
that
the
same
should
be
vnderstood
and
intended
vpon
any
other
such
like
case
occurring
,
I
cannot
see
how
a
man
but
of
indifferent
capacitie
,
can
any
waies
conceiue
it
;
considering
it
is
a
most
euident
thing
,
that
it
belongeth
to
the
same
power
to
make
a
law
vpon
an
occasion
,
and
to
iudge
particular
controuersies
occurring
in
the
same
.
Iustinians
codex
we
see
,
But
if
it
be
vnderstood
to
reprehend
also
the
examination
,
and
end
made
by
the
Senate
,
Considering
it
is
not
true
that
the
Doctor
was
plaintife
in
that
case
,
and
the
Monks
defendants
,
as
the
Monitorie
supposeth
;
it
running
thus
;
inter
doctorem
,
&c.
ex
vna
,
&
Monachas
,
&c.
ex
altera
partibus
.
of
the
one
partie
,
and
the
Monkes
of
the
other
partie
.
But
Corsato
de
Corsati
,
in
1598
,
hauing
bought
of
Andrea
Monaldo
eight
fields
which
paied
canonate
to
the
Monasterie
of
Pragia
,
the
Doctour
1602.
the
12.
of
Februarie
,
tendred
the
price
,
to
make
his
draft
by
border
or
confine
:
and
the
second
of
March
,
the
Monkes
pretending
to
be
preferred
to
him
,
as
Patrons
of
the
free-hold
of
those
fields
,
they
came
before
the
Podesta
of
Padoua
,
in
l.
prima
,
C.
de
iurisd
.
omn.
iudic
.
But
besides
this
firme
and
solide
foundation
,
we
may
adde
another
very
preualent
and
vniuersall
,
which
is
,
that
from
time
out
of
minde
,
much
before
200.
yeeres
last
past
,
when
any
plea
hath
beene
of
goods
possessed
by
the
Laietie
,
(
giue
them
the
name
of
emphyteoticall
,
censuall
,
feudatorie
,
lease
for
long
time
,
or
what
other
title
soeuer
)
the
Ecclesiasticall
Iudge
in
this
State
hath
neuer
denounced
iudgement
therein
;
but
alwaies
and
without
contradiction
,
the
hearing
and
iurisdiction
thereof
hath
belonged
to
the
Secular
.
So
that
by
this
,
wee
doe
not
onely
prooue
,
that
the
controuersies
betweene
the
Monks
and
the
Doctor
was
iuridically
determined
by
the
Senate
;
but
further
,
that
a
power
is
proper
to
them
,
to
make
statutes
,
which
may
dispose
and
order
of
those
goods
aboue
named
,
possessed
by
the
Laietie
,
wherein
the
Church
hath
directly
freehold
;
for
vnto
them
it
hath
and
doth
appertaine
,
to
determine
those
controuersies
,
which
haue
or
doe
arise
about
them
;
and
aboue
we
haue
made
cleere
demonstration
,
how
it
standeth
with
the
same
power
to
make
statutes
and
denounce
iudgements
.
There
remaine
registers
in
all
the
Chanceries
of
this
citie
,
of
iudgements
giuen
by
a
Secular
Iudge
since
they
haue
beene
subiect
to
this
State
;
and
not
one
can
be
produced
which
was
tried
in
an
Ecclesiasticall
Court
.
And
it
cannot
be
tearmed
an
vsurpation
,
seeing
the
Clergie
haue
not
beene
drawne
to
these
Courts
,
as
defendents
but
they
haue
voluntarily
appeared
as
plaintifes
:
&
that
which
ouerthroweth
this
claime
more
then
any
thing
else
,
is
;
that
in
such
controuersies
betweene
Church
and
Church
,
they
themselues
haue
appeared
in
the
Secular
Court
,
to
demand
Iustice
against
another
Church
.
Nay
and
out
of
doubt
it
may
certainly
be
beleeued
,
that
the
beginning
of
this
introduction
hath
beene
very
Canonicall
,
seeing
the
Clergie
of
that
time
were
also
very
good
men
,
and
zealous
in
the
Churches
behoofes
;
and
in
like
maner
the
Popes
were
most
exact
mainteiners
of
the
Ecclesiasticall
Iurisdiction
:
and
so
as
well
the
one
as
the
other
,
knew
very
well
the
title
of
that
ground
for
which
they
came
in
sute
before
the
Secular
;
nor
none
of
them
euer
reprehended
this
course
of
iudgement
,
but
rather
securely
we
may
affirme
,
that
they
themselues
haue
brought
it
in
.
And
there
is
an
expresse
constitution
of
Iustinians
,
that
custome
alone
giues
as
great
iurisdiction
as
a
law
made
.
But
in
that
his
Holinesse
saith
in
his
Monitorie
,
Iustinians
Codex
,
whose
direct
right
may
lie
in
the
Church
,
A
great
part
of
the
direct
titles
of
Churches
in
these
low
Countries
neere
the
sea
,
which
sometimes
were
marishes
and
vallies
,
are
of
this
kinde
:
for
this
soile
being
altogether
vnder
water
,
and
reaping
no
fruit
from
it
,
but
reeds
and
flags
,
they
were
let
out
for
euer
,
or
at
least
for
a
wonderfull
long
time
,
at
a
verie
easie
rent
,
answerable
to
the
profits
that
they
yeelded
,
though
now
through
the
wonderfull
charge
of
the
Secular
,
both
publike
and
priuate
,
in
raising
of
the
ground
,
drenching
of
the
marishes
,
and
draning
of
the
water
;
they
haue
beene
reduced
to
the
State
wherein
they
are
:
whereupon
the
Church
hath
no
reason
in
this
,
neither
by
written
euidence
,
equitie
of
pretending
prelation
,
deuolution
,
or
vnder
any
other
claime
to
appropriate
them
to
themselues
;
and
of
these
the
law
of
the
Senate
,
in
a
great
part
entreateth
,
as
also
it
constituteth
vpon
other
kinde
of
goods
,
as
shall
be
expressed
.
For
it
must
needs
be
,
that
a
pension
was
paied
to
the
Church
,
either
by
the
claime
of
a
reseruatiue
cense
or
imposition
,
or
that
the
Church
in
ancient
times
vpon
sutes
made
,
haue
couenanted
this
reseruation
,
or
that
hauing
beene
reserued
by
other
Lords
the
sellers
,
it
was
afterwards
giuen
to
the
Church
by
them
:
In
which
case
,
this
reserued
cense
or
taxe
,
out
of
doubt
belongeth
to
the
Church
in
perpetuum
:
but
ouer
the
possession
stable
,
there
remaines
in
no
sort
any
title
vnto
them
,
by
vertue
of
which
they
may
pretend
consolidation
,
prelation
,
couenant
,
or
other
such
like
actions
.
Fee-simple
is
also
of
this
nature
,
that
in
it
direct
title
is
distinguished
from
profits
;
and
I
wonder
,
when
they
would
needs
adde
to
the
law
of
the
Senate
,
and
declare
it
in
another
sense
then
the
truth
therof
imported
,
with
that
word
Emphyteoticis
,
why
to
change
and
adulterate
it
the
more
,
they
said
not
,
Feudalibus
:
but
peraduenture
they
would
not
proceed
so
farre
,
because
they
could
not
hope
it
would
neuer
be
spied
,
it
being
a
vulgar
word
,
and
well
vnderstood
of
all
men
.
The
word
Emphyteoticis
,
is
somewhat
more
vnknowne
,
and
therefore
was
thought
the
fitter
to
be
secretly
put
in
;
and
therefore
I
cannot
forbeare
to
replie
,
that
in
the
Senats
law
the
word
Emphyteotici
,
is
not
vsed
,
but
it
generally
speakes
of
all
contracts
,
and
manner
of
possession
,
wherein
the
two
titles
of
directum
and
vtile
stand
diuided
;
neither
is
it
lawfull
for
any
body
to
restraine
or
expresse
it
,
contrary
to
the
true
sense
thereof
,
to
the
end
,
the
better
to
bring
in
the
conclusion
following
,
set
downe
in
the
Monitorie
,
which
otherwise
could
not
haue
beene
deduced
:
Cùm
praemissa
in
aliquibus
ecclesiarum
iura
,
etiam
ex
contractibus
initis
ipsis
ecclesijs
competentia
,
auserant
.
It
is
no
new
matter
,
that
the
Spiritualtie
,
to
enter
vpon
goods
possessed
of
Seculars
,
haue
assayed
to
bring
in
this
name
of
Enfiteusi
into
their
titles
,
by
which
they
receiue
a
canon
or
pension
:
but
two
hundred
yeeres
agoe
,
diuers
cities
of
Italy
haue
stood
out
against
them
for
this
cause
;
and
they
themselues
haue
otherwhiles
beene
constrained
to
giue
ouer
their
pretences
and
titles
,
and
to
be
contented
with
their
bare
canon
comming
in
.
In
the
same
citie
of
Padoua
,
S.
Iustina
,
and
Pragia
,
vpon
this
point
,
the
which
they
ended
by
comprimise
;
where
amongst
other
things
it
was
set
downe
,
that
in
all
their
goods
,
neither
escheat
,
prelation
,
nor
consolidation
for
di●ect
line
extinct
,
should
take
any
place
,
as
the
citie
then
constantly
auerred
,
that
from
time
out
of
minde
,
it
had
beene
the
vse
and
custome
of
the
place
.
It
is
no
wonder
if
by
a
law
or
solemne
comprimise
in
the
places
aboue
named
,
caducitie
for
Canon
not
paied
,
prelation
in
case
of
sale
,
and
consolidation
for
line
extinct
,
are
taken
away
,
considering
that
none
of
these
are
necessarie
,
or
essentiall
in
a
contract
.
But
whatsoeuer
may
be
done
by
a
law
,
may
be
performed
by
a
deed
,
as
also
custome
may
bring
it
in
;
For
which
cause
a
long
and
prescript
custome
time
out
of
minde
,
this
State
was
of
force
an
hundred
and
fiftie
yeeres
since
,
to
take
away
from
a
little
emphyteoticall
substance
,
(
prouided
if
there
then
were
any
)
caducitie
,
prelation
,
and
consolidation
;
and
furthet
to
introduce
,
that
more
then
the
paiment
of
a
pension
,
they
should
be
held
for
patrimoniall
and
leasable
.
Wee
may
see
the
72.
Cons.
of
Panormitano
,
where
he
discourseth
at
large
,
that
custome
was
also
of
that
force
in
Ecclesiasticall
emphyteusi
to
procure
in
the
citie
of
Vrbine
,
that
the
condition
of
caducitie
was
vtterly
remooued
.
The
which
notwithstanding
were
more
profitable
for
the
Church
;
for
by
this
the
Church
should
gaine
the
improuements
without
paying
them
,
the
which
by
prelation
,
consolidation
,
or
line
extinct
,
they
could
not
appropriate
to
themselues
,
without
paying
them
at
a
iust
rate
;
whereupon
by
an
argument
a
simili
,
and
also
a
maiore
,
so
much
the
rather
may
custome
take
away
prelation
,
and
consolidation
.
We
may
adde
heereunto
,
that
it
is
not
peculiar
to
this
State
,
that
some
goods
emphyteoticall
should
be
made
leasable
;
but
also
in
France
all
Emfiteusi
are
made
such
,
as
Ioan.
Rub.
Auth.
Ingressi
,
de
Sacrosanctis
Ecclesijs
testifieth
.
All
which
things
doe
euidently
shew
the
equitie
and
necessitie
of
such
a
law
.
The
which
,
though
the
Venetian
Senate
did
not
constitute
at
that
time
,
in
forme
of
a
written
law
,
published
through
their
whole
State
,
in
generall
tearmes
;
yet
notwithstanding
they
haue
by
vse
,
custome
,
and
writing
also
,
in
causes
occurrent
,
made
,
obserued
,
and
executed
the
same
,
from
that
time
hitherto
.
There
are
many
Decrees
of
the
Princes
of
this
Common-wealth
,
with
their
Colledge
,
which
from
time
to
time
in
controuersies
occurring
betwixt
the
Church
and
the
Seculars
,
or
betweene
Church
and
Church
,
haue
beene
resolued
and
determined
,
not
to
admit
of
caducitie
,
prelation
,
or
consolidation
of
profits
with
the
free-hold
;
and
sometimes
they
haue
put
into
their
euidences
generall
clauses
,
which
might
comprehend
all
these
cases
,
as
in
Duke
Vendraminos
daies
,
in
1476.
in
a
rescript
made
to
the
Podesta
of
Monselice
,
vpon
such
a
particular
controuersie
,
these
words
were
added
;
nunquam
pati
volumus
(
etiam
in
bonis
Ecclesiasticis
,
quenquam
,
qui
diu
tenuerit
agrum
aliquem
iure
liuelli
,
quem
sumptibus
,
&
laboribus
suis
meliorauerit
,
sic
de
facto
expoliari
,
sed
tantùm
quòd
soluat
liuellos
non
solutos
:
and
in
Duke
Moroes
time
,
in
other
rescript
to
the
Rectors
of
Brescia
the
yeere
1466
,
hauing
excluded
the
Abbat
of
Leno
from
withholding
any
of
his
liuellarie
goods
solde
vnto
others
,
there
is
added
;
Et
de
hac
nostra
intentione
,
date
dicto
Abbati
notitiam
,
&
declarate
,
ne
contra
eam
dictos
Christopherum
,
&
Cornelium
inquietet
,
sed
acquiescat
huic
voluntati
nostrae
,
quia
hoc
idem
in
alijs
terris
&
locis
nostris
seruari
volumus
,
&
facimus
in
similibus
.
2.
487.
nu.
3.
973.
n.
20.
From
which
we
may
cleerely
collect
,
that
this
is
no
new
law
,
but
from
ancient
times
by
custome
established
,
and
also
confirmed
,
not
only
by
the
particular
iudgemets
of
Magistrates
,
but
by
the
Prince
himselfe
.
Of
which
the
law
thus
speaketh
:
Si
causam
Princeps
inter
partes
cognouerit
,
&
sententiam
dixerit
,
est
lex
in
omnibus
similibus
:
and
according
to
the
Ciuilians
,
they
retaine
the
vigor
of
a
law
,
though
they
were
but
decisiue
only
in
a
particular
case
;
as
indeed
all
the
Canon
lawes
are
but
in
a
maner
the
decisions
of
particular
cases
:
but
so
much
the
rather
,
when
they
are
further
ioyned
with
a
signification
of
the
Princes
will
in
such
like
cases
,
with
an
explanation
thereof
in
generall
tearmes
,
as
in
the
aboue
specified
.
And
these
things
were
performed
by
the
Common-wealth
;
not
only
the
Clergie
,
who
were
repulsed
in
their
demands
,
but
the
Nuncioes
Apostolicall
also
:
and
so
consequently
,
the
Popes
themselues
seeing
and
vnderstanding
as
much
,
yet
neuer
repealing
them
,
and
therefore
secretly
approouing
them
for
iust
,
and
necessarie
to
be
put
in
execution
.
So
that
what
the
Senate
did
deliberate
1602
,
is
a
declaration
and
expression
in
writing
of
an
old
law
,
enterteined
by
custome
,
and
mentioned
in
direct
writings
to
particular
Magistrates
,
euen
as
also
in
the
selfe
same
law
it
is
manifestly
declared
in
these
words
:
The
seruice
of
our
affaires
,
for
the
quiet
and
comfort
of
our
subiects
,
requireth
that
this
sute
be
determined
in
such
a
maner
,
as
not
onely
in
the
present
occasion
of
Zabarella
,
but
that
for
euer
,
vpon
any
other
of
the
like
nature
,
it
shall
not
be
determined
differently
from
the
good
custome
and
iudgements
often
times
denounced
,
conformable
to
the
same
.
I
will
not
omit
to
adde
,
that
if
there
had
beene
the
least
scruple
of
offence
in
that
law
,
Pope
Clement
the
Eight
,
during
whose
Papacie
it
was
published
,
being
a
very
zealous
Pope
,
and
one
that
in
this
citie
had
verie
vigilant
ministers
,
would
neuer
haue
dissembled
it
.
And
if
the
tenor
of
this
ordinance
hath
beene
read
,
it
yet
seemes
very
requisite
,
that
hearing
custome
,
and
iudgements
so
often
to
be
named
therein
,
they
should
first
haue
seene
and
vnderstood
,
what
custome
and
iudgements
those
were
.
What
is
he
of
so
meane
an
intellect
,
which
sees
not
how
this
proceeding
hath
beene
without
vnderstanding
the
cause
,
and
that
many
particularities
haue
beene
purposely
kept
backe
by
them
,
which
should
haue
beene
related
to
his
Holinesse
,
for
verification
of
this
act
;
they
conceiuing
well
that
all
these
things
were
necessarie
to
be
vnderstood
,
before
the
comming
to
treat
an
execution
?
But
it
seemes
there
was
such
a
speciall
desire
that
these
thundrings
should
come
forth
,
as
for
feare
of
meeting
with
somewhat
which
might
diuert
it
,
they
shunned
the
verie
sight
of
any
thing
that
might
remooue
his
Holinesse
minde
from
such
a
deliberation
.
If
the
intended
breuitie
of
this
present
discourse
would
permit
,
it
should
euidently
be
made
knowne
,
how
beyond
all
reason
,
it
is
said
in
the
Monitorie
,
hauing
reference
to
this
law
,
as
it
appeares
:
Cumque
praemissa
in
aliquibus
Ecclesiarum
iura
,
etiam
ex
contractibus
initis
ipsis
Ecclesijs
competentia
auferant
.
As
also
withall
,
it
would
be
cleere
,
that
by
that
law
there
is
no
ius
quaesitum
taken
from
the
Church
,
nay
,
and
which
is
more
,
the
same
continuing
in
vigor
and
force
,
there
remaines
still
to
the
Church
a
most
easie
and
readie
way
to
retaine
omnia
iura
quaesita
sibi
competentia
.
It
was
neuer
the
custome
of
this
Common-wealth
,
to
take
away
ius
quasitum
,
from
any
body
whosoeuer
,
much
lesse
from
the
Church
;
but
he
that
will
iudge
of
others
lawes
without
erring
,
it
is
necessarie
that
he
first
vnderstand
and
haue
full
information
of
them
,
&
not
to
proceed
to
their
condemnation
before
he
haue
so
much
as
lookt
into
their
foundations
.
I
haue
spoken
more
of
this
matter
,
then
was
conuenient
for
this
discourse
,
yet
is
it
not
the
least
part
,
in
respect
of
that
which
remaines
behinde
.
And
if
occasion
be
offered
,
to
make
knowne
the
foundation
of
this
law
,
euerie
one
shall
perceiue
,
how
it
is
grounded
vpon
iustice
and
equitie
,
and
how
lawfull
the
authoritie
of
the
Senate
was
to
constitute
it
.
Now
let
vs
returne
againe
to
deliuer
that
which
yet
hath
beene
vnspoken
of
,
concerning
the
matters
aboue
discoursed
of
.
If
the
Pope
preuented
of
his
more
mature
deliberation
,
would
not
admit
of
reasons
so
cleere
and
euident
as
those
before
declared
,
and
so
to
haue
iustified
the
cause
of
the
Common-wealth
:
yet
at
least
perceiuing
that
all
Europe
had
lawes
like
vnto
these
,
which
he
so
sharpely
reprehended
,
and
that
such
a
number
of
approoued
Doctors
hold
a
contrarie
opinion
to
himselfe
,
hee
might
haue
held
the
case
doubtfull
,
and
haue
proceeded
with
circumspection
;
calling
to
minde
that
excommunication
,
is
a
grieuous
penalty
,
and
an
odious
matter
;
and
as
the
Canonists
affirme
,
Sirictissimè
interpretanda
.
Neither
is
it
vnderstood
that
any
one
incurs
the
same
,
when
the
words
of
the
Canon
are
ambiguous
or
generall
,
the
which
may
not
be
wrung
to
an
other
case
,
by
way
of
similitude
,
and
much
lesse
with
an
argument
a
minori
:
For
if
one
giue
a
Priest
a
boxe
on
the
eare
,
he
is
excommunicate
;
but
if
he
shoot
an
harquebusse
at
him
,
and
that
in
the
Church
,
and
hit
him
not
,
he
is
not
excommunicated
for
this
,
though
the
second
offence
is
an
hundred
times
greater
then
the
first
.
Let
it
be
granted
,
that
whosoeuer
makes
statutes
against
Ecclesiasticall
libertie
,
ipso
facto
is
excommunicated
.
This
point
must
also
be
cleared
,
whether
the
Venecian
statutes
be
against
the
libertie
of
the
Church
;
and
it
hath
beene
prooued
with
most
effectuall
reasons
,
that
they
are
not
;
the
which
also
though
they
were
,
it
appeareth
by
act
,
and
not
by
discourse
,
that
the
like
lawes
haue
beene
receiued
all
Europe
ouer
:
and
we
see
in
Print
,
how
many
writers
doe
iustifie
them
.
Then
this
is
out
of
doubt
at
least
,
that
they
are
not
absolutely
against
the
Popes
authoritie
,
as
it
is
supposed
.
Vnto
which
let
me
annex
this
;
that
being
not
yet
decided
,
what
Ecclesiasticall
libertie
is
,
as
hath
beene
said
,
and
the
Doctors
not
agreeing
thereupon
,
much
lesse
can
they
be
out
of
doubt
,
that
these
lawes
and
acts
are
against
it
.
But
for
al
this
,
in
a
matter
,
of
which
according
to
some
mens
opinions
,
there
is
controuersie
,
and
that
in
so
many
points
remaines
doubtful
,
out
comes
me
headlong
an
Interdict
or
excommunication
,
without
foreseeing
,
or
maturely
considering
the
inconueniences
,
which
saith
the
Chap.
S.
Paul
teacheth
,
in
spiritu
lenitatis
;
The
Pope
in
his
Monitorie
of
the
17
of
Aprill
saith
;
that
the
Duke
and
Senate
of
Venice
,
haue
many
yeeres
past
made
sundry
statutes
,
through
which
they
did
incurre
censure
;
but
amongst
others
,
he
specially
names
three
,
vpon
which
he
discendeth
to
fulmination
,
except
they
be
reuoked
within
foure
and
twentie
daies
.
Euery
good
Christian
may
heere
desire
to
vnderstand
,
that
seeing
a
great
number
of
different
and
sundry
statutes
haue
beene
made
by
a
Common-wealth
,
to
the
soules
preiudice
,
and
that
for
euery
one
of
these
,
she
hath
incurred
Ecclesiasticall
censure
,
being
further
bound
,
to
cashiere
and
annihilate
them
all
:
why
is
the
Senate
told
but
onely
of
three
?
We
neither
can
nor
must
beleeue
,
that
the
other
would
be
omitted
for
the
damnation
of
soules
,
and
therefore
at
this
present
why
are
they
not
all
treated
of
?
When
any
one
meetes
his
owne
debtor
,
hee
may
aske
him
a
part
of
his
debt
,
and
as
he
is
principall
,
hee
may
remit
the
rest
,
or
the
whole
:
but
an
agent
or
factor
,
can
not
doe
this
,
except
by
a
commission
from
the
principall
.
If
diuers
and
sundry
statutes
made
some
yeeres
since
,
offend
God
,
the
Common-wealth
is
bound
to
reuoke
them
all
,
and
in
but
reuoking
of
three
,
they
should
not
sufficiently
discharge
their
dutie
.
S.
Iames
saith
;
Quicunque
totam
legem
seruauerit
,
offendat
autem
in
vno
,
factus
est
omnium
reus
.
Our
Sauiour
commanded
the
vse
of
excommunication
for
sinnes
,
which
procure
the
soules
preiudice
,
when
he
saith
;
Si
peccauerit
in
te
frater
tuus
:
S.
Paul
expresseth
what
these
were
,
saying
;
Si
is
qui
frater
nominatur
est
fornicator
,
aut
auarus
,
aut
idolis
seruiens
,
aut
maledicus
,
aut
ebriosiu
,
aut
rapax
,
cum
huiusmodi
nec
cibum
sumere
.
Wherefore
at
this
present
we
may
alledge
what
the
Sonne
of
God
sometimes
said
;
It
is
true
that
this
Monitorie
was
made
after
the
example
of
ten
Popes
more
,
which
therein
are
named
,
and
his
Holinesse
is
to
be
commended
in
imitating
of
them
;
but
so
againe
,
an
hundred
others
his
most
Holie
predecessors
are
woorthie
of
no
lesse
commendations
,
which
neuer
gaue
the
least
signe
,
that
euer
it
came
into
their
thought
,
that
they
might
disanull
the
lawes
of
Princes
,
made
for
publike
benefit
:
but
rather
they
haue
published
and
executed
the
same
also
;
and
when
they
met
with
any
scruple
in
their
proceedings
and
iustice
,
they
haue
with
great
dexteritie
and
charitie
sought
to
make
knowne
vnto
their
Princes
,
what
Gods
will
heerein
hath
beene
.
In
this
maner
S.
Damase
published
&
executed
Valentinians
law
:
and
S.
Gregory
,
one
made
by
Mauritius
,
wherin
a
souldier
was
prohibited
to
become
a
Monke
.
Further
the
denouncing
of
an
excommunicate
sentence
against
an
whole
Senate
,
which
is
not
a
particular
person
,
is
far
from
the
doctrine
of
the
ancient
&
best
diuines
.
S.
August
.
holds
an
excomunication
against
an
whole
multitude
,
though
it
were
for
some
notorious
and
manifest
sinne
,
too
sacrilegious
,
pernicious
,
impious
,
and
insolent
(
for
these
are
his
formall
words
:
)
and
he
aduiseth
good
Pastors
in
those
cases
to
haue
recourse
vnto
God
,
with
sighes
and
prayers
:
a
place
intreated
of
by
that
Saint
at
large
;
in
add
.
&
in
4.
d.
18.
q.
2.
a.
3.
quol
.
10.
15
and
with
such
a
spirit
,
as
if
it
were
read
instead
of
Barbaccia
,
or
Zenzelino
,
it
would
produce
a
verie
charitable
spirit
in
euerie
Christian
minde
;
which
the
reading
of
the
others
will
neuer
doe
.
S.
Thomas
putteth
a
question
,
whether
any
Generaralitie
may
be
excommunicated
;
and
he
answers
himselfe
,
No
:
and
produceth
reasons
for
the
same
,
concluding
that
the
Church
appointed
with
great
prouidence
,
that
no
Communitie
might
be
excommunicated
:
&
all
other
Diuines
with
accord
determine
the
same
.
As
also
Pope
Innocent
the
Fourth
in
the
Chap.
S.
Peter
himselfe
may
serue
for
an
example
;
tibi
dabo
claues
Regni
Coelorum
,
immediately
he
fell
a
reprehending
our
Sauiour
himselfe
,
because
he
would
be
crucified
;
wherefore
our
Lord
said
vnto
him
;
Vade
post
me
Sathanas
,
scandalum
es
mihi
,
quia
non
sapis
quae
Dei
sunt
,
sed
quae
hominum
.
His
deniall
also
is
so
well
knowen
to
euery
one
,
that
it
imports
not
to
recite
it
.
And
S.
Paul
in
his
Epistle
to
the
Galathians
,
sayth
;
Cum
venisset
Cephas
Antiochiam
,
S.
Peters
example
is
not
alone
by
it selfe
;
for
if
Cam
had
not
beene
reprehended
for
discouering
his
father
Noahs
nakednesse
,
three
and
twentie
Popes
might
be
produced
subiect
not
only
to
some
imperfection
in
their
priuate
customes
,
but
in
their
gouernment
and
doctrine
also
;
and
if
any
man
please
to
reade
the
liues
of
the
Popes
after
the
yeere
890
,
for
an
hundred
&
thirtie
yeeres
following
,
without
looking
after
some
others
dispersed
;
he
will
discerne
that
to
be
most
true
,
S.
Paul
sayth
;
Omnis
Pontifex
ex
hominibus
assumptus
,
pro
hominibus
constituitur
in
his
,
quae
sunt
ad
Deum
,
vt
offerat
dona
,
&
sacrificia
pro
peccatis
,
qui
condolere
possit
ijs
,
qui
ignorant
,
&
errant
,
quoniam
&
ipse
circundatus
est
infirmitate
.
So
that
S.
Boniface
the
Martyr
sayd
not
without
iust
cause
;
Si
Papa
suae
&
fraternae
salutis
negligens
deprehenditur
,
inutilis
,
&
remissus
in
operibus
suis
,
&
insuper
a
bono
taciturnus
,
quod
magis
officit
sibi
,
&
omnibus
,
nihilominus
innumerabiles
populos
cateruatim
secum
ducit
,
primo
mancipio
gehennae
cum
ipso
plagis
multis
in
aeternum
vapulaturus
.
Huius
culpas
istic
redarguere
praesumit
mortalium
nullus
,
quia
cunctos
ipse
iudicaturus
à
nemine
est
iudicandus
;
nisi
deprehendatur
à
fide
deuius
.
We
need
not
take
it
for
such
a
great
woonder
,
that
one
Pope
with
his
decrees
and
censures
hath
offended
or
iniured
another
,
nor
repute
it
such
a
sinne
to
say
,
that
he
ought
also
to
amend
his
owne
errors
committed
:
for
not
only
religious
and
godly
Popes
,
but
those
also
that
were
lead
most
of
all
by
humane
meanes
and
policie
,
haue
confessed
that
they
might
erre
,
and
offered
themselues
to
reclamation
.
Innocent
the
Fourth
entreating
of
a
controuersie
betwixt
him
and
the
Emperour
,
Fredericke
the
Second
,
vseth
these
words
;
Si
Ecclesia
cùm
in
aliquo
contra
debitum
laeserat
,
quod
non
credebant
,
parata
erat
corrigere
,
ac
in
statum
debitum
reformare
,
et
si
diceret
ipse
quod
in
nullo
,
contra
iustitiam
,
laeserat
Ecclesiam
,
vel
quod
nos
eum
contra
iustitiam
laesissemus
,
parati
eramus
vocare
Reges
,
Praelatos
,
&
Principes
tam
Ecclesiasticos
quàm
seculares
ad
aliquem
tutum
locum
,
vbi
per
se
,
vel
per
solemnes
nuncios
conuenirent
,
eratque
parata
Ecclesia
de
consilio
concilij
sibi
satisfacere
,
si
eum
laesisset
in
aliquo
,
ac
reuocare
sententiam
,
si
quam
contra
ipsum
iniustè
tulisset
,
&c.
A
sentence
therefore
of
Excommunication
hauing
beene
thundred
out
against
the
Duke
and
Senate
,
and
all
their
dominions
interdicted
,
because
they
will
not
suffer
the
libertie
of
the
Common-wealth
to
be
defrauded
;
because
they
giue
not
consent
for
the
cooping
vp
of
the
foundations
whereon
it
is
built
;
because
they
doe
not
depriue
her
of
the
power
granted
by
God
,
in
the
administration
of
the
Common-wealth
,
so
necessarie
for
to
mainteine
the
tranquillitie
and
peace
of
her
dominions
;
because
they
defend
the
liues
,
honour
,
and
goods
of
those
people
committed
to
their
gouernment
;
and
to
conclude
,
because
they
haue
euer
,
and
now
do
that
,
which
they
are
commanded
by
his
diuine
Maiestie
.
And
though
this
Excommunication
was
denounced
without
vnderstanding
the
cause
,
without
citation
or
obseruation
of
those
essentiall
tearmes
proper
to
iudgement
,
and
ordeined
by
God
in
the
law
of
Nature
,
with
an
affection
,
farre
different
from
that
which
his
diuine
Maiesty
commandeth
,
without
due
aduice
,
and
flat
against
the
doctrine
of
the
holy
Fathers
,
sacred
Diuines
,
and
the
Pontificiall
constitutions
themselues
;
yet
remaines
it
to
be
considered
vpon
:
for
all
the
iniustice
thereof
is
so
cleere
,
and
the
nullitie
perspicuous
and
plaine
,
what
the
princes
dutie
in
this
case
is
,
and
how
he
ought
to
beare
himselfe
herein
before
God
and
his
holy
Church
.
At
the
first
sight
,
somebody
may
aduise
peraduenture
,
that
it
were
good
to
follow
herein
the
counsell
of
S.
Gregorie
:
Sententia
Pastoris
,
siue
iusta
,
siue
iniusta
timenda
:
and
so
to
commend
his
cause
vnto
God
,
with
assurance
,
that
patiently
to
support
vniust
censures
,
will
turne
to
his
great
merit
before
the
Maiestie
of
God
.
An
excellent
course
and
counsell
for
an
innocent
,
which
could
not
shew
the
equitie
of
his
owne
cause
;
but
for
a
Prince
that
hath
so
cleere
and
manifest
reason
on
his
side
,
a
more
pernicious
way
cannot
be
taken
either
for
himselfe
,
his
State
,
or
the
seruice
of
God
,
which
must
be
respected
aboue
all
other
things
:
For
a
Prince
is
more
bound
then
a
priuate
man
,
to
feare
God
,
to
be
zealous
of
his
holy
faith
,
to
reuerence
Prelats
,
that
he
discharge
Christ
his
place
;
but
so
he
is
more
bound
to
auoid
hypocrisie
and
superstition
,
to
preserue
his
dignitie
,
to
maintaine
his
State
in
the
exercise
of
Religion
;
to
take
heed
lest
that
do
not
happen
to
his
people
which
sometimes
fell
out
to
the
Iewes
,
through
Moses
long
absence
,
who
thinking
that
in
him
they
were
depriued
of
the
true
God
,
they
made
them
one
of
gold
:
a
thing
which
if
it
were
well
considered
,
the
world
would
not
be
at
that
passe
which
now
it
is
.
That
saying
is
not
so
generally
true
;
sententia
Pastoris
,
siue
iusta
,
There
is
another
Canon
made
by
Pope
Gelasius
,
he
that
went
before
Gregory
,
and
no
lesse
famous
in
doctrine
,
and
sanctitie
then
himselfe
,
where
he
saith
;
in
iure
,
it
is
nothing
,
nor
of
any
validitie
,
neither
doth
it
binde
vs
before
God
,
or
before
the
world
.
In
that
,
for
which
the
Pope
thundreth
out
this
present
excommunication
,
there
is
no
errour
at
all
in
the
fact
,
the
trueth
is
most
cleere
,
the
lawes
of
the
Senate
are
in
writing
;
the
delinquents
accused
and
imprisoned
;
there
can
be
no
concealed
innocencie
,
which
may
appeere
to
be
a
fault
.
The
question
is
,
in
iure
,
we
must
see
whether
in
the
lawes
made
,
or
in
the
imprisonments
decreed
,
there
is
any
errour
committed
:
for
if
neither
the
Prince
nor
Senate
haue
offended
,
but
haue
contrariwise
obeyed
the
commandements
of
God
,
in
procuring
the
preseruation
of
their
subiects
honours
,
liues
,
&
goods
,
as
at
large
in
all
these
points
hath
beene
declared
;
we
can
no
waies
doubt
of
the
iustice
of
the
Senats
cause
,
and
consequently
of
the
nullitie
of
the
sentence
Pontificall
;
but
especially
and
by
which
this
is
made
manifest
,
there
needs
not
such
great
dexteritie
of
conceit
to
apprehend
them
,
but
with
very
slender
consideration
,
they
appeere
manifestly
to
all
men
:
wherefore
considering
the
innocencie
of
the
same
Senate
before
God
,
&
euidencie
also
thereof
before
the
world
,
there
remaineth
no
scruple
,
wherein
iust
scandall
may
be
giuen
.
In
like
maner
there
is
no
reason
why
they
should
in
any
sort
feare
this
excommunication
,
neither
in
conscience
,
nor
in
any
externall
triall
,
except
as
any
one
may
feare
a
manifest
violence
offred
to
a
sinister
end
;
considering
it
is
a
manifest
violence
to
vse
the
power
of
excommunication
,
granted
by
Christ
,
contrarie
to
his
owne
institutions
:
and
towards
him
which
hath
power
,
and
vniustly
vseth
the
same
,
the
remedie
is
to
haue
recourse
vnto
a
superior
,
if
he
may
;
but
if
there
be
no
superior
,
to
whom
to
haue
recourse
,
God
hath
allowed
no
other
remedie
to
a
Prince
thus
offended
,
but
to
make
resistance
with
his
owne
force
,
opposing
himselfe
to
force
;
because
it
comes
from
God
,
&
the
ciuil
being
of
euery
Common-wealth
or
kingdome
is
to
the
end
of
his
glorie
;
and
therefore
a
Prince
cannot
permit
without
a
sin
and
offence
,
that
his
owne
libertie
should
be
infringed
,
which
is
the
ciuill
being
of
euerie
principallity
,
and
there
is
no
doubt
but
negligence
in
defending
of
it
,
is
a
greeuous
offence
vnto
God
,
and
most
hainous
,
if
he
voluntarily
suffer
it
to
be
vsurped
ouer
his
head
.
To
obey
the
commandement
of
God
therefore
,
wee
must
oppose
our selues
against
him
whosoeuer
,
that
would
take
away
the
power
which
God
hath
giuen
to
make
lawes
,
&
with
iustice
to
defend
the
foresaid
offended
in
their
liues
,
honours
,
and
goods
.
And
as
the
innocent
by
an
error
in
facto
,
vniustly
excommunicated
,
to
auoid
scandall
,
is
bound
patiently
to
endure
:
so
when
the
error
is
in
iure
,
and
the
manifest
iniustice
thereof
is
apparent
,
to
auoid
scandall
likewise
,
the
Prince
is
bound
to
resist
,
and
to
oppose
himselfe
against
this
iniurie
;
because
there
is
no
doubt
,
but
when
this
shall
be
knowne
to
other
kingdoms
,
where
the
like
vnto
the
Venetian
lawes
are
obserued
,
and
where
malefactors
are
iudged
after
a
conformable
maner
,
that
the
Common-wealth
for
feare
of
vniust
censures
,
and
those
inualidious
,
hath
yeelded
vnto
violence
,
and
omitted
to
exercise
and
execute
his
naturall
power
,
they
would
be
much
and
exceeding
scandalized
heereat
,
as
also
the
subiects
that
should
discouer
such
a
vaine
feare
,
they
would
become
very
peruerse
.
And
therefore
for
this
point
also
,
it
was
both
equall
and
necessarie
for
the
Prince
to
make
due
resistance
.
So
that
the
Popes
fulmination
being
vniust
and
nothing
,
it
followes
consequently
,
that
for
necessarie
defence
,
the
obstacle
of
the
Common-wealth
,
in
the
publication
and
execution
thereof
,
hath
beene
most
iust
and
lawfull
.
And
the
Common-wealths
subiects
,
but
especially
those
of
the
Clergie
,
ought
to
pacifie
their
minds
and
consciences
,
attending
the
seruice
of
God
,
vnder
the
protection
of
the
Prince
;
constantly
beleeuing
,
that
the
holy
Ghost
was
promised
and
giuen
to
all
the
faithfull
,
among
whom
Christ
himselfe
is
present
,
when
they
are
congregated
in
his
name
;
and
that
none
can
iustly
be
excluded
out
of
the
holy
Catholicke
Church
,
except
by
his
owne
worthy
demerits
he
be
first
excluded
from
the
fauour
of
God
.
And
that
the
obedience
which
God
commands
vs
to
performe
to
our
Ecclesiasticall
superiors
,
is
not
a
foolish
or
ridiculous
subiection
;
nor
the
power
of
Prelates
is
not
an
arbitratorie
iudgement
;
but
both
the
one
and
other
must
be
ruled
by
the
Law
of
God
,
who
in
Deuteronomie
ordeined
not
an
absolute
obedience
to
the
Priest
,
but
a
prescribed
obseruance
,
S.
Luke
:
That
the
faithfull
thought
the
contrarie
of
S.
Peter
,
and
withstood
him
about
the
vocation
of
the
Gentiles
;
and
yet
were
they
not
thundred
against
with
hideous
excommunications
,
or
threatned
by
him
,
and
forced
to
hold
their
peace
;
but
by
the
reason
and
authoritie
of
diuine
reuelations
,
and
the
words
of
our
Sauiour
,
S.
Peter
a
little
;
Pascite
qui
in
vobis
est
gregem
Dei
,
prouidentes
non
coacte
sed
spontaneè
secundum
Deum
,
S.
Peter
erred
in
Antioch
,
S.
Paul
forbare
not
to
reprehend
him
grieuously
in
the
presence
of
all
men
:
and
let
no
man
heere
replie
,
who
is
like
to
S.
Paul
,
that
may
be
so
bold
?
as
though
S.
Paul
by
reason
of
his
excellencie
,
might
be
the
bolder
to
oppose
himselfe
against
one
,
whom
it
was
not
lawfull
to
resist
;
nay
,
but
we
may
iustly
,
and
constantly
affirme
quite
contrary
,
who
is
like
Paul
,
that
may
be
compared
vnto
him
in
humilitie
and
acknowledgement
of
himselfe
,
and
of
due
reuerence
to
the
high
Priest
?
Questionlesse
we
may
vndoubtedly
beleeue
,
that
as
S.
Paul
in
all
the
vertues
farre
exceeded
,
whatsoeuer
we
are
able
to
performe
,
so
in
due
reuerence
to
the
head
of
the
Church
,
Let
no
man
therefore
be
astonished
,
depending
onely
on
the
authoritie
of
a
Prelate
;
S.
Leo
the
Pope
,
FINIS
.