The Exposition of the first Chapter.

WHerefore holding this for firme truth, in the first Chapter it is said; that as there be three Assistants to the Office of the In­quisition in Venice, so ought the Rulers assist in the subjected Cities, which ought to be ruled according to the Lawes and customes of the City which commandeth, unlesse it be in those particulars, which ei­ther by priviledge, or the prince his grace, are granted unto each Ci­ty. And likewise the liberties and immunities of the comman­ding City, are communicated unto the above named, as soone as they [Page 18] enter into that subjection: and this is observed in all Kingdomes and States. And onely this legall disposition and custome is sufficient to make lawfull the assistance of the Rulers, throughout all the Dominion.

But besides the legall disposition, there is also a particular agree­ment made with the Apostolicall Sea in the yeare 1551. The occasi­on of which was, that the most excellent Councell of Ten, and those joyned with them, having put the Representants in mind of their du­ties, least through negligence some abuse might be brought in, writ to all the governours that they should bee present to the for­ming of Processes in the Inquisition. The Court of Rome reputed it to be a novelty, with prejudice of the Ecclesiasticall authority; and Pope Iulius the third complained of it to the Ambassadour, saying that it was against Pontificiall decrees, and that he thereupon would make a Bull. The Ambassadour answered, that it was not a thing newly determined, but most ancient, and renewed to preserve the jurisdiction, and not to assume unto themselves any part of that which belonged to the Church, but rather to aide it. The Pope was content with the answer, & added, if these Lords will be Coadjutors, may they be blessed, but if they will be co-judges, we cannot endure it. And the Pope reputing it to be a businesse which ought to bee sounded to the bottome, and not to be contented with words; especi­ally seeing the great stirre that was amongst the Cardinals: where­fore he sent Achille Graffi, the Elect of Montefiascone a purpose to Ve­nice, to whom he gave a Commission the sixth of August, 1551, with these words: Wee send you to make some agreement touching the proceedings in causes of Heresie; it is held, that the Assistance of the Secular power is necessary within that City and Dominion, we doe not disprove of it, so that it be without intruding themselves into the Cognisance of sentence, and a little lower, we will be contented with any forme pleasing to that Common-wealth, so it be citra cogniti­onem & sententiam.

The expresse Nuntio being come to Venice, it was an easie matter to accord, because that both the parties did meane the same thing; where­fore it was immediately agreed in foure Articles.

The first, that the Governours shall be present at the framing of Processes, and to all that which the Inquisitors or their Deputies shall doe.

The second, that the Inquisitors, their Deputies, and Governours, may have liberty to call such Doctors as they shall thinke fitting, [Page 19] according to the quality of the cases.

Thirdly, that any causes happening in Castles or Townes, shall be dispatched in the principall City, by the same Orders.

The fourth, that the Governours shall once a weeke at least bee with the Inquisitors and Deputies to attend upon this bu­sinesse.

Conformablie to this agreement the 26. of September, Letters were sent to all the Governours, and to Rome. The Pope having seen this agreement, approved of it, and gave order to the Bishop of Ra­vello his ordinary Nuncio in Venice, that he should write the same to all Inquisitors and Deputies of the State, warning them also that in all Acts, Decrees, and Sentences which should be made in this bu­sinesse, in the presence of Governours, the Notary thereunto deputed should write this clause, vid. Cum assistentia & presentia Clarissimo­rum Dominorum. N. N.

The first agreement treated of with Pope Nicholas, in the yeare 1289. and this last one also, each by it selfe are sufficient to shew, but both joyned together doe plainlier shew, that this authority can­not be taken away by any Bull, or Decree made in any manner by any Pope whatsoever. He that granteth a gift, may upon occasion revoke it, but that which is covenanted and agreed upon, is irrevocable; so that no Decree whatsoever made at Rome, ought to stirre it, as that which was made by Gregory the 14. in 1591. declaring that Here­sie being an offence purely Ecclesiasticall, the Secular power ought not to inter-meddle therein. And although some Popes did trye to derrogate from that agreement, as Pope Leo the tenth said to that purpose: Notwithstanding any Customes confirmed by the Aposto­licke Sea, such derogation cannot comprehend our case; for to con­firme is one thing, and to covenant and agree is another. And if it should say, notwithstanding the agreements made with the Aposto­licke Sea, it were a Nullity; for it is a contradiction that a thing should be agreed upon betweene two, and that it should be subject to the sentence of one alone. It is certainly to bee beleeved, that the Court will still try by all meanes to exclude the Secular, and draw wholly under itselfe the Offices concerning Heresie, which are in this State. But no act of any other can bring it in question, or cause any prejudice: so that the prejudices doe not come from this side through negligence in the Execution. Wherein we may take exam­ple from Spaine; where the forme of the Inquisition being subject to the King, established by an agreement made in the yeare 1484. the [Page 20] Spaniards have refused to have it altered by any Bull or Order made at Rome. It was not an act of great honesty when they printed the Directory at Rome, in the yeare 1584. to adde unto it the aforesaid briefe of Pope Leo the tenth, directed to all Bishops and Inquisitors within this Dominion: wherein (upon some notable cases which happened in Valcamonica) that Pope writ, that the Secular Magistrate shall have nothing to doe with the office of the Inquisition, and shall be onely tyed to execute the sentence, without any other businesse; which briefe they ought not by any meanes have printed. First, because they had it not out of an authenticall place. Secondly, be­cause at that time it was not put in execution, nor peradventure seen, whereof a manifest token is, that the said Briefe being Dated the fifteenth of February, 1521. after the Roman manner, some thirty, dayes after, vid. the twentieth, and foure and twentieth of March the most excellent Councell of Ten (to resist the innumerable extortions done by the Clergy) ordered, that notwithstanding the Sentences pronounced by the Inquisition Office, the Bishop of Li­mine, with two Doctors deputed by the Governours, the Processes should be new made, and carryed to Brescia, and there judged in the presence of the Governours: Whereunto the Nuntio also consented, and so it was accomplished; which sheweth us plainly, that the said Briefs of Leo the tenth, either is not true, or is not to be seene, or did not take place, and therefore ought not to be printed, especially see­ing that the agreement made with Iulius was since that time. But as the Court of Rome will never desist from nourishing her pretence, so it shal be fitting to watch for to resist, that negligence may not pre­judice the businesse, never putting to a treaty a thing already so firm­ly established: because the very putting of it to a Treaty in the yeare 1551. if the successe had not beene good as it was, would have beene a great prejudice to the agreement made in 1289. But that besides the lawfulnesse and righteousnesse of this sentence, it is also necessa­ry with skill to preserve it; both private and publicke respects doe manifestly shew: For the power which God giveth the Prince, is not a gift given for his use alone, which he may let fall to decay without sinne, but though it commeth immediately from God, yet is it given for the peoples benefit, so that if it be diminished, it re­maines not so sufficient for the good and entire government, and the subject receiveth wrong, and the Divine Majesty is of­fended.

Although the Prince is not bound to his Subject to governe him, [Page 21] yet to God hee is, and the protection which hee hath of him, though towards the subject it be a favour, yet towards God it is a duty, which cannot be performed, without preserving whole, and not suffering to be abated the publicke Authority. The Office of the Inquisition as it is more holy and needfull than others; so (if it bee not well handled but abused) it, is more burthenous and hurtfull: Where it is in the hands of just and prudent Church-men, they should be incouraged to continue so, by looking to them and obser­ving of them, for the opportunity of having power to worke after ones owne fancy may cause a Saint to over-runne his course: But where the administerer hath all his requisite qualities, it is necessary to withstand his excesses. In times past it hath beene seene that Sub­jects have beene burthened with excessive rigours, by those who under a shew of zeale, have sought to make way for their ambition, or to get unto themselves that which belonged to others. There­fore it is needfull to marke, that avarice or ambition should hurt no particular, but a good Father, and of a good conscience should seeke a remedy for it: the indiscreet zeale which she causeth to bee in persons that are not conversant in worldly affaires, hath neede of such a bridle. In publicke affaires also, the effects of ambition ava­rice or indiscretion are no lesse dangerous, for when a Potentate hath not the favour of him that commands in Ecclesiasticall causes, Religion is made a pretext to oppresse him. In the yeare 1322. Pope John the 22. published a severe monitory against Mathew, Vicount, Lord of Milan, condemning him of Heresie, and under this pretence commanding the most famous Common-wealth, that it should hold no commerce with him, nor with his subjects, al­though he had no other cause against the Vicount, but that he tooke part with Lewis of Bavaria, Emperour, the Popes enemy: And the same yeare, the most Reverend Guido, Rangoni Bishop of Ferrara, and Frier Buono Inquisitor, did admonish the most renowned Com­mon-wealth: that there should be no commerce held with Rinal­do and Obizo de Este, or their adherents and subjects, because they had condemned them for Hereticks: neither was there any other cause but that they had recovered Ferrara, which was possessed by the Popes. In the yeare 1355. Malatesta, and Galeotto Maltesti, hol­ding the City of Rimini, Pope Innocent the sixt, commanded Venice, that no commerce should be held with them, or with their adhe­rents, because he suspected them to be Hereticks. The same Pope the same yeare, used the same manner with the most famous Common-wealth, [Page 22] against Francisco Ordelafo, by reason of the Dominion of Forli, and Gulielmo Manfredi, because of Faenza, caused also the Crociata to be preached against them. Yet all these great stirres and condemnations of Heresie vanished into smoake, so soone as the ac­cused were contented to acknowledge those Lands held in disputa­tion from the Pope; A cleare and undoubted document to shew us, that the imputation of Heresie was but onely to oppresse them, and perforce bring them to yeeld to the fore designed humane changes.

But to come to Moderne things, In the discords which Paul the Fourth had with King Philip the Second of Spaine, which were of temporall businesses: That Pope as well in consistory, as treating with Ambassadors of Princes, alwayes was wont to say, and reply that the King, and the Emperour his Father were Hereticks. It was also seene in these late occasions, that those Bookes which were writ in favour of the most renowned Common-wealths cause, were forbidden by the Romish Inquisition, and others ofth 'Ecclesiasticall State, under the colour of Heresie, although the things treated of were meerely temporall, and approved by all Christian Kingdomes: And Cardinall Bellarmin having some yeares since set forth a booke, wherein he subjects Princes to the Pope in temporall affaires; hee dares therein handle as Hereticks, all those who say that the Prince in temporall Causes, hath no other superior but God onely; although that foure of the five parts of Catholicks doe beleeve it: Which things cause us to beleeve, that since some mens malice doe make use of this Office for humane ends, which are not very honest; it is needfull to looke how it is used, and not suffer them to take such foo­ting, whereby they may abuse it: Because then upon occasion, when one would take order therein, it is found to be too late.

In Milan where the Inquisition hath great Authority, there hap­pened about 1580, a dangerous case. Cardinall Boromeo (who after­wards was a Saint) visiting of some places of the Diocesse of Milan, and subject to the Suissers, went ordering many things, which bred some suspitions in those States; wherefore they sent an Ambassadour to Milan, to require the Governour to cause the Cardinall to come backe from those places, least some alteration should happen. The Ambassadour went to Milan and alighted at a Merchants house, that he might the more commodiously goe and doe his Ambassage. The Inquisitor heard of it, and immediatly went with his Officers and carried him bound to Prison to his covent. The Merchant repor­ted [Page 23] what had happened to the Governour, who presently caused the Ambassadour to be set at liberty, honoured him, and heard him. The Swissers who had no sooner notice of imprisonment then of his delive­ry, said openly, that if the newes of his imprisonment had come alone without that of his deliverance, they would have imprisoned the Cardinall, to whom the Governour sent word of what was done; The Cardinall yeelding to necessity went away, and the new inventions were revoked.

These dangers shew that not onely malice may cause inconveni­ences, but impudency also, and undiscreet zeale: Therefore it be­hoveth to watch carefully, that the power of meeting at all acti­ons of that Office be not diminished, which God by his Providence hath hitherto preserved, and by which meanes all publicke dangers and oppressions of the Subjects may be withstood.

It beeing then plainely shewne that the Office of the Inquisition is not ancient in Holy Church, and that within this Dominion it was instituted in the same forme as it is now used by the Common-wealth it selfe, as an Office properly belonging to it; and established by agreement with the Apostolicke Sea: and the reasons being un­folded which did move to this deliberation, and the necessity which bindeth to keepe inviolated the forme alwayes established, With these considerations the grounds of the first Chapter are suf­ficiently unfolded and proved.

The second and third Chapters neede not bee any better de­clared or proved.

The Exposition of the fourth Chapter.

THe fourth Chapter, wherein is set downe the charge of the Assistance, which ought to bee in foure cases, requireth some considerations.

The first case, to execute the just determination of the Iudges, can­not bee called in question. The second and third which are to hinder their resolution of usurping temporall Authority, either [Page 24] with a head-strong, or a manifest and unjust oppression, and in doubtfull cases to make them surcease and advise, are no lesse need­full then the first: And for proofe thereof, wee neede not alleadge any other Text, than that of the Popes of Rome themselves. Cle­ment the Fifth in his Generall Counsell of Vienna (and it is Regi­stred in the body of the Canon Law De Haereticis. Cap. 1.) having heard complaints of many Inquisitors, because they extended the Office of their power beyond their assigned bounds, which proved to the wrong of the faithfull, (whereby it was needfull for the glo­ry of God, and right carriage of the businesse, to make divers provisoes) gave divers rules to withstand the disorders which were brought in. Clement the sixt also, gave a Commission to Ber­nard Cardinall of St. Marco, his Legat in the Churches Territo­ries, to enquire of the excesses of the Inquisitors, and to doe Iustice to them who should complaine of them: Which teacheth us plainely, that in all times there are faults committed, which have neede of remedy, unlesse they be at first withstood.

But grant that no Inquisitor should exceed the bounds of his po­wer, yet that is not so well ordered, but that it is needfull to guide it with a great deale of wisedome. To make this appeare it shall suffice to understand what was Printed, in the Directorie in Rome, in the yeare 1584. which is orderly Translated out of the Latin. If the Inquisitors would use all the Command they have within their power, they might easily raise seditions every where: And these words are written purposely to admonish Inquisitors; that al­though a thing shall seeme just unto them, yet when it is dange­rous they ought to take advice from Rome. But here wee must not conclude so, because Rome being farre, and busied in her owne affaires, cannot well judge of others dangers. But these confessi­ons of the Court of Rome, shew it to bee necessary for all that will keepe their Dominions in peace, and protect their Subjects, to have a diligent regard, and cunningly moderate that power, which in it selfe is confessed to be exorbitant, and many times chan­ceth to be exceeded and abused.

In the yeare 1518. there were a great number of Enchanters discovered in Valcamonica, and by the little care of the Governors of Brescia, the judging of them was left to the censure of Church-men. Thence grew such exorbitant extortions, and complaints of the oppressed, that the most excellent Counsell of Ten was forced to disanull all that which they had done, and send for all the Bi­shops [Page 25] Vicars, and Inquisitors to Venice, and cause all those businesses to be reviewed by the other Iudges, with the Assistance of the Go­vernours: yet for all that was that people hardly pacified from mo­ving of Sedition.

The extream seditions raised in Rome after the death of Paul the 4 are not yet out of memory, wherein the Prisons of the Inquisition were by the people broken, and the building with all the writings bur­ned. And likewise the danger the City of Mantua was in, the yeare 1568. which thing it is impossible to hinder, if the Magistrate, whose charge it is to looke to the repose of the City, doe not stoppe exces­sive and headlong determinations. And if upon any doubtfull, or dangerous businesse he causeth a stay, it cannot be thought a prejudice to the Ecclesiasticall, since by surceasing they may the better delibe­rate, and that hindreth not the businesse from being atchieved with greater maturity. Whereas if a dangerous case should bee suffered to runne on, and the event should prove evill, either it could not be remedied, or not wholly, The Prince advertised thereof, may either by his owne authority, or by sending to the Pope, passe over some things with quietnesse, which without his knowledge would have but a bad issue.

That fourth part of the Chapter. vid. that the Rectors and assi­stants shall with dexterity egge on the Inquisitors to execute their office, if they were negligent therein, is most proper to the Secular Magistrate. First, by St. Augustines reason who saith, that it be­longeth to their office to punish offences which are immediately against the Divine Majesty, as blasphemies, Heresies, and Perjuries, more than those who offend men. And besides that, because Heresie doth not onely offend God, but bring notable disturbances to the publicke peace, the care of which resting upon the Magistrate, who is chiefe in the City, he cannot let it runne in danger of being infected, but he must faile in his duty. The Inquisitors ought to looke to keepe the people cleane from Heresies, for Gods service onely. The Magistrate both for Gods service, and for the good of the pub­licke government; and therefore as one, on whom the care most lyeth, he also ought most to watch, and to incite others: Neither can any one oppose this, by saying that Secular men, though they be Magi­strates, yea, and Princes also are the Children, and Ecclesiastical persons are the Fathers, and that it is not fitting that the Child should pre­sume to controule and admonish the Father, for the equivocation and cavill is manifestly seene in it. In a City there is a Sonne, who [Page 26] is a chiefe Magistrate, hee in houshold and Domesticke businesses shall be subject to his Father, but in publicke and Civill businesses he shall be superiour. Ecclesiasticall Persons are Fathers in Christ, so that a Magistrate ought to be subject unto them in houshold things, which belong to the House of God, and from them to receive the Doctrine of Christ, and the Divine Sacraments, which are houshold things, in which the Sonne is subject to the spirituall Father. But in publicke businesses, as punishing of offences, and peaceable civill living, Spirituall Fathers are subject to the Sonne who hath the charge of it, as he is a publicke Magistrate. And if an Ecclesiasti­call man hath any power or jurisdiction to punish any offence, he hath it from none but the Prince, to whom onely God hath gi­ven it.

I have said before, that in a Judgement there are three parts, the Cognisance of the reason, vid. which doings are Hereticall, and this is purely Ecclesiasticall; the Cognisance of the Fact, vid. what persons are guilty, and the sentence: these two last are temporall, and in former times under the Romane Empire, exercised by the Secular power, and now lost. There are also left to Ecclesiasticall persons by the grant of Princes, the most renowned Common-wealth, which did exercise that power from the yeare 1249. untill 1289. that yeare granted it to the Inquisition office, managed by Ecclesiasticall per­sons, but with Secular assistance: If Ecclesiasticall persons should faile in their duties, the power would returne to him who gave it, without depriving himselfe of it. Wherefore it is no wonder if the Secular Person ought to be an over-seer of him that exerciseth a charge which he hath given him, in admonishing and egging him on as farre as it shall be decent for them both.

The Exposition of the fifth Chapter.

THe fifth Chapter, that the Governours and Assistants shall not sweare faithfulnesse, nor secresie to the Inquisitor, is highly to be considered of, since that by such an oath they should cease from being representants of the Prince his person, and become the Inquisi­tors Ministers.

[Page 27] It is cleare, that whosoever sweares faithfulnesse, or secresie, espe­cially without exception, is bound to performe it to him that he hath sworne it, not regarding any other mans interests; so that the Repre­sentant could not oppose himselfe against any act of the Inquisition, al­though it were contrary to the Princes respects, nor give him notice of things happening in that office, without breaking his Oath. But the publicke representant, even when things are treated of that doe belong to the Inquisition Office, must not aime at any respects or com­mands, but onely the Princes: wherefore he cannot sweare faithful­nesse or secresie to others.

Where the Inquisitions Tribunal is meerely Ecclesiasticall, Secu­lar men doe come in as Councellors, or sometimes Fiscals, or Notaries, or other Officers, which doe sweare to the Inquisitor. But that is because those Secular men which are so present, are dependants, and subject to the Ecclesiasticall. Now in this state the Tribunal is mixt, not for Secular Councellors, or other Officers, but onely for the Representants publicke assisters, who depend not from the Ecclesiasticall, but are superintendents in the Princes stead.

The Ecclesiasticals for these many hundred yeares, have no o­ther aime, but to usurpe the temporall jurisdiction, and have pur­chased a great deale of it with great disturbance of sundry govern­ments, and at this present they aime at it more than ever, and in particular, for the Inquisition in this State and Common-wealth, they doe bend themselves with all their cunning to draw it to bee wholly Ecclesiasticall, which they would at last bring to passe, if they could bring in this Oath, making thereby the Representant their Officer. And this being once brought to passe, the seruples of the one, and the small understanding of the other, the Offices which would be done by meanes of the Confessors, would worke so, that Romes and the Inquisitions ends, would be preferred to the publicke ends, or at least would raise such powerfull doubts in the minde, that they would never let any thing be well done: which voydeth also an answer that seemes might be given, vid. That the Oath might be received, reserving to the Prince his ends. An­swer, which taketh not away the dangers: For the aforesaid things would so trouble the mindes of men, that they would never give way to the sound understanding of it. But to colour their at­tempt, the Inquisitors say two things: One, that Fredericke the second, commanded all Consuls and Governours of Cities to sweare [Page 28] The other that the King of Spaine sweares. But Fredericke did not command that they should sweare to the Inquisitors, for (as wee have shewed before) the Office of the Inquisition was not then begun, but that they should sweare in publicke to him, to bee care­full in rooting out of Heresies, which had taken roote. The Con­suls and Governors did not then goe into the Office of the Inquisi­tion, with Ecclesiasticall Persons, but they alone with the Imperiall Authority did condemne Hereticks, and swore to the Emperour to doe it faithfully: and besides, this forme lasted but a little while, and Iohn Andrew, a famous Canonist, who flourished in the yeare 1300. witnesseth, that in his time that Oath was already growne out of custome. Philip the second King of Spaine, brought in the custome of taking a publicke Oath, (not to the Inquisitors but to God) that hee would never suffer Hereticks to live at freedome within his Dominions, which is no Oath of faithfulnesse and secresie to the Office (which depends on the King, and is commanded by him) but a promise to God, and a taking away all hope from the Subjects of obtaining from him any liberty of Conscience. In the same manner the ancient Dukes of the Venetian Common-wealth at their promo­tion, did sweare to punish Hereticks; but it was not an Oath to the Inquisitor, but to God and the Common-wealth. The equivocation consists in this, that it is one thing to sweare absolutely, and another to sweare to such a one, and this is that which signifieth subjection to him that giveth the Oath. The publicke representant can not sweare to any but to the Prince, as hee cannot be subject to any one else. For which reasons it shall alwayes be necessary, to have a re­gard to this fifth Chapter, not as a summary point, but a point of great importance.

The Exposition of the sixth Chapter.

TO give the Prince notice of what happeneth daily in matters of Heresie, as it is contained in the sixt Chapter; is a thing of Divine Service, and necessary to a good Government, where the In­quisition [Page 29] is in the hands of Ecclesiasticall Persons onely, they doe not suffer the Prince to know any thing that is done in that Office. In this State where the Iudgement is mixed, as their aime is that the Assistant (since they cannot exclude him) should become their Officer, so they use their best endeavours to make him keepe secret what is treated off, making it a charge of Conscience if any thing be revealed without the Inquisitors leave: With this maxime, that causes touching Faith, must remaine with the Iudges of the Faith.

Amongst other perverse Opinions which this our unhappy Age is full of, this is also preached, that the care of Religion doth not belong to the Prince, which Opinion is coloured with two pre­tences; the one that since it is a spirituall and Divine thing, it belongeth not to Temporall Authority: the other because the Prince occupied in greater businesses, cannot attend these affaires. And certainely it is a thing to bee admired, how the world is changed: In other times holy Bishops did not preach, nor re­commend any thing more to Princes, than the care of Religion; they warned them of nothing, nor modestly rebuke them for any thing, more than for the carelesnesse in it, and now nothing is more preached too or perswaded. The Prince then, that to him be­longeth not the charge of Divine things, though contrarywise the Holy Scripture bee full of places where Religion is recommended to the protection of Princes, by the Divine Majesty; which also pro­miseth peace, and prosperity to those States where Piety is favoured, and desolation and destruction threatned to those States, where Di­vine things are held as alien. Examples thereof doe abound, but be­cause this Treaty will not suffer a long rehearsall of them, I will one­ly say, that David being entred into a Kingdome out of order both internally, and externally, and being very busie both in Warres and in framing a politick Government; neverthelesse did set his chiefe care on matters of religion. Salomon entring into a quiet and exceeding well ordered Kingdome, regarded also Religion, more than any other part of Government: The Princes most applauded in former Ages, as Constantine, Theodosius, Charlemaine, St. Lewis, &c. The chiefest praise they had was, to have made it their chiefe travaile to protect and rule the affaires of the Church. It is a great deceite to set forth this part as a thing of lesse moment, and to bee left out for to looke to other things: Since the neglect of this to provoake the Divine Wrath, daily experience in these [Page 30] dayes sheweth us, that a State cannot stand untroubled, where change of Religion commeth: And these which counsell Princes to not meddle with Church businesses, say neverthelesse upon other oc­casions, that true Religion is the foundation of States. It were a great absurdity holding this to be true, as, it is most true, to leave the totall care of it to others; under pretence that they are spirituall, where Temporall Authority will not reach; or that a Prince hath any greater imployment than this. It is manifest, that as the Prince is not a Praetor, nor a Prefect▪ nor a Proveditore; So likewise hee is no Priest, nor no Inquisitor: But it is also certaine, that hee is to over-see with keeping in awe, and causing to doe their duties both the one and the other. And here lyeth the deceite, that the particu­lar care of Religion, is proper to the Officers of the Church, as the Government of Temporall things is proper to the Magistrate, and the Prince himselfe ought to doe neither the one nor the other; but is to direct all, and to take heede that none doe faile in his Office, and to amend the defects of Officers: this being the Prince his charge as well in matters of Religion, as in any other part of the Government. And as in other matters for to manage well that part which is proper unto him, hee is to bee informed of all occur­rences: So ought he particularly to bee advertised of all that happe­neth in matter of Religion. The Inquisitors of Italy doe particularly send word to Rome by every Post, what is done within their Office; much more ought an account bee given to the Prince, whom it more concernes to know it. It were very expedient, that all things which are treated off within the State, should remaine therein; as it is observed in Spaine, which give account to the King onely; and send advice no where else. But because that were a hard thing to obtaine, let it for this time suffice, that it bee knowne to the Prince, when it is knowne to others, who are not so much interested therein.

The Exposition of the seventh Chapter.

THe seventh Chapter was ordered by the most excellent Senate, because that the Ambassadour of Rome might doe that good Of­fice, as that the charge of Inquisitors might bee given to the Na­tives of this Dominion, because they are best instructed in the oc­currences of the Customes, and conditions of the Country; and beare a greater affection to it whence it is presumed, that with grea­ter Iudgement and love, they will employ themselves in that Office, which above all others requireth Charity and discretion. One can­not without wonder consider, how that all the Inquisitors within this Dominion at this present are strangers, and the Natives are not employed neither in this State, nor in other States: yet is not this Country so barren but that it brings forth men of understanding, as well as any other part of Italy: What should bee the reason then, that these should be reputed all unable both for this Dominion, and for all others if one will seeke for examples beyond the Hils? there is no Inquisition there, but onely in Spaine, where they are all Spaniards. In the State of Milan the Natives are not excluded, and others, to whom the Office is given, are not lesse depending from that Prince then the Milanenses themselves.

In Tuscan, Pius the fourth attempted to give the Office of the In­quisition to the Friers of St. Dominicke, and Cosmo the great Duke would not consent, because those of that Order tooke part with the enemies of the house of Medices, when they were driven out of Flo­rence, in the yeare 1494. which reasons and examples shew, that there ought accompt to bee made in Rome, of those recommenda­tions which shall bee made of the Fathers, that are subjects to this State; and that their Piety towards their Prince and Religion, the Christian life of the people, and the devotion of the Fathers them­selves towards their Naturall Prince and Country, may not bee prejudiciall to them.

The Exposition of the eight Chapter.

THe eight Chapter that none shall bee admitted to execute the charge of Inquisitor, but with the Prince his Letters is very convenient. The same directory commands, that first of all the In­quisitor should present himselfe before him, and should receive Let­ters directed to the publicke representants in that place where he is ordered to execute that charge; and reason alloweth that no man­ner of jurisdiction be exercised without publicke knowledge; yea, at other times Popes did send Inquisitors with Apostolicke Letters directed to the Prince, wherein they intreated him to favour and protect them, and now they doe the like at the institution of every new Bishop. Now the Congregation of Rome deputes Inquisitors with Patents and instructions, as if they were sent into some of their owne jurisdictions, and this cannot bee helped, but it is ne­cessary to keepe a foot the presenting of the Patents, it beeing a due acknowledgement of the Prince his Superiority, and because it will also serve for two things. The first that one may marke whether the Patents be made in the wonted forme, or if there bee any new clause added to it, because that in case then were any prejudiciall no­velty, it might bee withstood with fitting meanes: The other is, that if there were any request made, that there should bee an Inqui­sitor who were a Native, and trusty, and that just request should not be granted, they might then by delaying the Patent, reply, and triplicate the same request with greater instance. And although some accident might happen through which the publicke wisdome should finally Iudge it fitting to assent unto the will of Rome, and receive the stranger; it might worke at least so much as that the Court of Rome, for the time to come, would proceed with greater re­spect, and the same forraigne Fathers, would refuse to accept the charge, seeing the difficulties which had happened to the others.

The Exposition of the ninth Chapter.

THe ninth Chapter that the assistants should assist to the Iudgment, although the guilty were Ecclesiasticall, is a legall position and necessary to be observed. It is not credible that the Secular as­sistance in that Office was brought in, in regard of the Persons of the questioned, this in times past hath deceived many who were perswaded the Person of the questioned appointeth the place of Iudge­ment, mis-understanding that Maxime, Actor sequitur forum rei, which is meant of private interest, where tryall is to bee betweene two parties, which their Persons be not both subject to one Iudge, the judgement place shall bee before him to whom the Defendant is subject: But where there is no private interest but a publicke re­spect, the Person is not looked after, but the cause: and though the Person bee Secular, yet if the Cause bee Ecclesiasticall, the Eccle­siasticall Iudge shall judge it: So in these daies, Matrimoniall Causes are esteemed to be Ecclesiasticall, and therefore though the Person bee Secular, yet are the Causes Iudged by the Bishops. So Causes that are purely Secular, as the administration of publicke Offices, Causes of plenty, of health; offences which trouble the publicke rest, doe belong unto the Secular power, although the Persons bee Ecclesiasticall. If the offence be mixt, there is a mixt Magistrate in­stituted, to whom without attending the quality of the Person, be­longeth to judge all matters of that kind. And because that Heresie doth corrupt true Christian Doctrine, it is an Ecclesiasticall offence; and because it disturbeth the publicke rest, it is Secular: therefore there is a mixt Iudgement Seate appointed, with an Ecclesiasticall judge, and a Secular Assistant: And in the practice of it, there is no re­pect had of the questioned Person, for then the Ecclesiasticall should Iudge the Priests and the Friars, and the Magistrate should Iudge Secular men: But the Heresie of the Secular man is as much against the Catholicke Doctrine, as that of a Clarke; and a Hereticke Priest, or Frier troubleth the publicke Government as much, or [Page 34] peradventure more than a Secular one. And as the Secular office ap­poynted concerning Corporall health; and if it finde an Ecclesiastical person bringing in of infected goods, he doth not put over the judge­mēt tothe Ecclesiastical judge, but burneth the goods, & packeth away the suspected person, because the publick temporall good is in uestion: so the mixt office of the Inquisition doth not put over an Eclesiasticall Person, but judgeth it, because that the publicke good, both spiritu­all and temporall is treated of. And this is further confirmed be­cause, that though offences committed by Regular Friers are puni­shed by their owne superiours, yet they cannot entermeddle in ca­ses of Heresie, but goe to the Inquisition without regarding that the person is a regular. It is yet made more manifest in that, that ca­ses of Heresie, being more against Ecclesiasticall Persons, than Secu­lar ones, in the agreements made with the Apostolicall Sea, especi­ally in the yeare 1551. they of Rome would have made that excepti­on, which being not made, shewes that they have not held the ge­nerall Rule, vid. that the Secular should meete in all cases. This ninth Chapter, besides that the justice of it requires the keeping of it, ought also for divers other respects with all diligence be put in execution. First, because we have shewed above, how necessary it is to a good government, to have the Prince know of all occuren­ces that happen in such matters, for the great importance of maintai­ning Religion. But if the Assistant should not meet at judgements against Ecclesiasticall Persons (and these are the most important, most dangerous, and most frequent) then the state of Religion within his Dominion should not be knowne, which would be most absurd. Secondly, seldome happeneth a case of Heresie in an Ec­clesiasticall person, but a Secular is a confederate in it, in which case one would not know what to doe; for to divide the Con­tents of the cause it is impossible, to leave a Secular person to a judge­ment meerely Ecclesiasticall is more unfitting. There remaines no­thing then but to have it judged before the ordinary mixed Tribunal: and questionlesse if this way were once given, under divers colours of annexed, connexed, dependent, and emergent, the Secular would be altogether excluded. Therefore according to reason, the most wise determination of the Senate named in this Chapter, ought to be observed.

For proofe of the second part, vid. that the Assistants shall bee present at the framing of Processes, though the Denunciations be given in other places, we must suppose the stile of that office to be approved by continuall custome, and also by reason. For if a [Page 35] person be denounced at the Tribunall of the Inquisition, who hath his dwelling in another place, and that he be not personally under that jurisdiction, the Inquisior receives the Denuntiation, examines the Witnesses, and frames the Processe, as farre as may be done in that place, and so framed, he sendeth it to the Inquisitor of the place, where the delinquent liveth, that the cause may be prosecuted, and he dispatched.

It happened in the Yeare 1610. that Father Avaroldo, a Capuchine was denounced at Rome for a certain opinion concerning Antichrist, and from that Inquisition was the Processe sent to Brescia, where the Father was. The Inquisition of Brescia proceeded in the cause without the Assistance, and answered the Governours (who hearing the event did finde themselves agrieved with it) that the Governours ought not to assist, but onely in causes which were begun at the pro­per Tribunal, but not when the Denunciation was given at Rome. If this were admitted, it would not onely be against reason, and the lawfull custome, but it would also be a secret to take away quite, and with ease the Assistance. The Inquisitors to take away that bond of having Assistants, to increase their owne authority, and to doe the better service to the Court of Rome, would worke with the Denoun­cers, under faire and appearing colours, that the Denuntiation should not be given into that office, but at Rome, which would be easie, being content to doe it either by Letter, or Petition; and in this manner, in all causes the Secular should bee excluded. But the legall definition is, that as every office or Inquisition receives De­nuntiations against the absent, according to their owne Rites, Formes, and Customes, so the proper office frames the Processe, and gives sentence according to his. It was needfull to take notice of this particular, for feare least any deceived with shewes, should be car­ried away to a publicke prejudice, it being to be held for an infallible rule, that the publicke representant must assist to every act done in that office without any exception.

The Exposition of the tenth Chapter.

THe tenth Chapter, that the Representants shall assist at all the Acts of the Processe, is necessary for the taking away of divers a­buses which are brought in, for in some places all the informative Processe was made without any assistance; in others the whole de­fensive; and in others, after the denuntiation received, by the In­quisitor alone, and the Governours were called to the examination of witnesses: All which wayes were prejudiciall, since things once done are alleadged by example, and so they goe on from the first to the second, and in processe of time a custome is established, which afterwards hath the force of Law: But that which is of no lesse mo­ment is, that it being the Assistants charge to give the Prince no­tice of all occurrences, and to protect the Subject, if he were oppres­sed by the Ecclesiasticall, he can doe neither the one nor the other, without he know the whole Processe. The least particular altereth the whole cause, neither can a businesse be explained or understood, unlesse all the circumstances be knowne.

The Exposition of the eleventh Chapter.

IN the eleventh Chapter is said, that for the aforesaid Reasons, they ought not to leave out any act, under pretence of slightnesse, for there is nothing, be it never so small, that may not bee the cause either of absolving or condemning. And it is added, that they [Page 37] must not be content, although the Inquisitor aske him leave, because that though the principall, who ought to be present at an act, may give way that it may be made without his presence. Yet hee that is to be present in another mans stead cannot doe so. It cannot bee denyed but that it would be a great deale more ease for Rulers (espe­cially being occupyed in many businesses which the government of a City brings with it) to be present at the Inquisition, or absent when they would: but no jurisdiction is maintained without labour. The Court of Rome in these affaires, because the Inquisition businesse should not be carelessely handled by reason of extraordinary employments, hath given it to persons that have nothing else to doe, and for their lownesse hold it as a great honour to exercise the place. The Prince whom it most concernes to have matters of Religion well governed, thought more decent to employ eminent Persons therein, and such as he may trust, and therefore he expecteth care out of the faithfulnesse of his Representants, though they be employed in other affaires.

The Exposition of the twelfth Chapter.

THe twelfth Chapter unfolds the manner and remedy that must be used, in case an act were made against the due forme, and that is by setting businesses againe into their first estate, with such pleasing remedies as shall be requisite.

The Exposition of the thirteenth Chapter.

THe thirteenth Chapter, which treates of Informative Proces­ses, which are to be sent into other places, is no lesse to be consi­dered [Page 38] of, and requires an exquisite diligence for Inquisitors, some­times at the request, and for the interest of their superiours, make some secret Processes against the reputation of good men, examining such as they are confident of, who for the most part are evill persons, giving them out for sincere ones, and men without exception, and up­on them Processes are likewise in other places secret sentences fra­med, to take away the reputation of them that are questioned, and sometimes to doe them further wrong. In the yeare 1590. by rea­son that some subjects of St. Marke went into France to the warre against the League Fryer Albert da Lugo, Inquisitor of Verona, framed such a Processe against the most renowned Common-wealth it selfe, as if it favoured Hereticks, examining persons of very ill quality, and knowne to him to be such, yet in the end of the Processe hee much commended them, to make their credits good. The good Father could not send it whither he intended, but was discovered, and puni­shed as the qualities of the times would suffer, though not so much as he deserved. In these last troubles, in the yeare 1606. there were many framed against Senators, and publicke Representants, and other persons, which truely is a great abuse in that office, which should never swerve from sincerity. And the greater the abuse is, the more ought the Representants to be wary, and not suffer any Processe to bee made, neither at the request nor command of any in their absence: and when they discover any attempt, to shew themselves touched by it in such sort, as it may be a barre to any such actions, and also give good heede to all the Inquisitors proceedings, to discover and hinder them.

The Exposition of the foureteenth Chapter.

THe foureteenth Chapter to labour that in every Processe should be noted the Assistance, hath no difficulty in it, because, as it is said before, the Bishop of Ravello the Apostolicall Nuntio, in the yeare 1551. did write it to all the offices of Inquisition in the State.

The Exposition of the fifteenth Chapter.

THe fifteenth Chapter, that in the Processe there shall be no Decrees inserted by any forraigne authority ought to bee ex­quisitely observed: For most part of the Inquisitions out of this State are reduced to such a forme of proceeding, that the Inquisitors doe every foote write to Rome, and from thence receive orders what they shall doe, so that at last it is as good as if the Processe were fra­med at Rome; and so they free themselves of the bond imposed up­on them by the Canon Law to consult of their affaires. In this State they have not yet attempted this frequent and subtle abuse, but onely in some particular case, to favour, or disfavour some one. It may be thought they write to Rome for Justice, or for some good intent, whence they receive orders of what they will have done; and the Inquisitors to curry favour with a ready obedience, put it to execution: and they themselves will sometimes, to avoyde some contradictions of the Bishops Vicar, or some Councellors, pro­cure Letters from Rome, and by that meanes overcome the oppositi­ons. This produceth two evill effects, the one that it taketh away the authority of that Tribunal, making it subject to him to whom by reason it ought not to be. The other, that he who is questioned is at more trouble, and more cost in defending himselfe. The most ex­cellent Senate hath alwayes endeavoured that the authority of their Inquisition office should not be diminished, being as requisite for a good government as any other publicke ordinance. In Rome the Inquisition was not above that of other places, but applyed it selfe onely to that City, as others did in their Cities. The Pope in­deed was superintendent and overseer of them all, maintaining neverthelesse the agreements, immunities, and lawfull customes of every one, and so it continued untill Paul the third, who did insti­tute a Congregation of Cardinals in Rome, giving them the Title of Inquisitors Generall, who neverthelesse doe not command the In­quisition of Spaine, which by agreement was first instituted: So [Page 40] likewise they ought not to take away the authority of this States In­quisition: also instituted by agreement some hundred yeares since. Which thing I have considered for to conclude, that it is not reason­able that Inquisition should take that which belongeth unto this. And in effect if the Romish Inquisition should meddle with those cau­ses which are handled within this state, as it doth in other places, it would be as much as to reduce them all to Rome. And to speake in plaine and restrained tearmes, as by Law every act which the In­quisitors make, without the Assistance, are voyd, so those Acts cannot be of force which are made out of the State, being made without the presence of the Assistants.

And if those Cardinals should be sent by the Pope as Inquisitors into this State, they would not be suffered to doe any thing without the Magistrates presence, and that which were so done, would be voyd, much lesse should they have leave to doe it at Rome. That hin­dereth not, but if that Congregation, as consisting of principall Cardinals, should write any thing: But that those Letters should be received by the Inquisitors with all due reverence, executing also that which they desire, so there were not some powerfull rea­son to the contrary, but alwayes it should bee done observing the Stile of the Office, that is, framing the Decree in the name of the proper Judges with the Assistance, not mentioning in the Pro­cesse that it was done by order from else where. And if that particular Writing from Rome were not agreeeable to the customes of the Countrey, and the particular circumstances which ought to be looked upon, and should seeme so to the Iudges, and o­ther Consulters, it will not bee incongruous to reply to Rome. The Assistants notwithstanding ought not to meddle with this, neither are they to know whether any Order come or no from Rome, whe­ther that which is required from Rome, be put, or not put in executi­on, but onely to assist to what the Inquisitors doe, not using any other name but that of their owne office.

The Exposition of the sixteenth Chapter.

THis sixteenth Chapter, in that part which toucheth the not sending Prisoners out of the State, is clearer than the light; since Prisoners are transmitted out of one place into another either for Execution, when both places are within one Prince his Dominions, or from Prince to Prince by agreement be­tweene them, or for gratification; and in all these cases the Transmis­sion is made onely, because offenders should be punished in the place where the offence is committed. But in case of Heresie, the Doctors say that the punishment cannot with reason be required in any parti­cular place, as well because the Heretick sinneth against God who is every where, and also because that wheresoever he goeth holding his perversnesse, in all those places hee sinneth; wherefore in what place so ever he is punished, hee shall be said to be punished in the place where he offended. On this reason is grounded the common opinion, that those who are guilty of Heresie, are not to be transmit­ted: and indeed, the custome is every where to punish Hereticks where they are restrained, and not to send them from one Inquisi­tor to another. Onely the Court of Rome, for her owne interests, easily, and often doth call unto it selfe the causes, and causeth the Prisoners to come to Rome, though the offence have not beene com­mitted in that City.

The most renowned Common-wealth, as it hath not consented to the drawing away of Causes, so hath it not granted the transmit­ting of Prisoners; but hath determined that they should be judged where they are imprisoned: it being certaine that in doing other­wise, they should utterly take away all the Authority of the Inquisi­tion-office in their Dominion, within which there being Bishops, who in goodnesse and worth are inferiour to no other, and Inquisi­tors deputed by the Court of Rome it selfe, and the Cities abounding with learned men, who may be received for consulters, there is no reason but that any case may be as well examined and decided there, [Page 42] as in any other City whatsoever. If it were to doe God greater service, that Prisoners should be sent to Rome, it were fit that, throwing all other respects to the ground, this onely onely should be aimed at: but to shew that it is not so, I will onely bring one example which happened heretofore, in the yeare 1596. at the instance of the Inqui­sitor of Rome.

There was imprisoned in Padua one Ludovico Petrucci, a Senese, and the Inquisitor of Rome, being according to the custome of the Inquisition, to send those Evidences which he had against him to Pa­dua, he required the contrary, vid. that the Prisoner should be sent thither, and to that effect used many perswasions to the Ambassadour which was in Rome, and caused many to be used by the Nuntio in Venice. The most excellent Senate answered divers times to this effect, that it was not convenient to alter the excellent Institution of this Dominion, which was to dispatch questioned Prisoners, where they were restrained: that on the other side, for the Inquisitor to send to Padua, what was found against the Prisoner, that so he might receive due punishment was a thing just, usuall, and without any op­position. Many were the replyes and the answers alwayes to one ef­fect, and these dealings lasted five whole yeares, Petruccio remai­ning still in Prison, At last, when they perceived at Rome that they could not obtaine him, in the yeare 1601. they writ to Padua, that the said Petruccio should without any more a doe bee set at liberty, which was accordingly, leaving a great doubt in mens mindes what offence that might be, which was rather to be left unpunished, than made knowne to the Inquisition of Padua.

To this Accident which happened, I will adde what the Directo­ry of the Inquisitors speakes of the causes of the Inquisition, which are handled in that Court: of which speaking, after it had related divers inconveniences, it concludes: In this Court Causes are handled with much tediousnesse, many miseries, labours, and expences, insomuch that those which are questioned, care not for comming to the Court, to treate of their Causes, if they doe not rrust to a full purse, or to great favours. These are the words of the Directory; it is credible that Justice is administred with greater sincerity now then it was in those dayes: but there withall it is to be held for a certaine, that there is no lesse goodnesse and sufficiency within this State, and that Causes may as justly and as rightly be handled here, as in any other place, so that it is not needfull to let them be judged else where, who are imprisoned within this Dominion.

[Page 43] The other part, to not send Processes else where, is grounded uppon that which is said before in this Chapter, and in the president for if the prisoners ought to bee judged within the State, and the judgement ought to be made by the same Tribunall, and not recei­ved from any other place, there remaines no cause wherefore Pro­cesses should be sent forth. True it is that one ought to distinguish betweene Processes framed against those that are restrayned heere, or against those that are cited, and those that are contumacious, for these are they which are not to bee revealed else where: but examinations or other acts made at the request of another Inqui­sition against any one that is restrained there, or hath committed any contempt against it, as acts not belonging to this Dominion ought to be sent to whosoever requires them But: yet the Assistants ought not by any meanes to suffer any such acts to bee made without their presence, as it hath beene said in the thirteenth Chap­ter; and because that the Inquisition should doe all as it doth, as a mixt Office, and not as meerely Ecclesiasticall.

The Exposition of the seventeenth Chapter.

THe seventeenth Chapter that the Praetoricall Deputy, nor any, other Person assisting in the Governors place shall not bee a Consulter, ariseth from what is said before, because it may often chance, that the Governors busied may send some other of the Court, who if hee should doe the Office of a Counsellor, should in the Processe be set downe for such a one, and by consequent as a Minister of the Office, a thing which doth not befit an Assistant, and would bring in a Custome, through which Assistance which is a Superior thing, would bee turned into Counsell which is an inferior thing.

The Exposition of the eighteenth Chapter.

THe eighteene Chapter that restraint shall not bee granted, but onely in cases meerely concerning the Inquisition Office, and in a Processe framed with Assistance, and that in a doubt full case ac­count bee given to the Prince wanteth no proofe; since that the same Canon Law hath ordained, that the Inquisition should not assume any cases but of manifest Heresie: yea, the Law being, that any Iudge may have power to declare, whether a doubtfull case doe belong or not belong to his jurisdiction, the Doctors say that the In­quisition cannot doe it, but onely assume those which are cleare, and to leave the doubtfull ones for the ordinary Judge, to determine whether they belong to them or no. But as this Chapter hath no neede of proofe or declaration, so hath it neede of carefull observance. It is a thing frequent, yea and ordinary, that a Judge whose juris­diction is limited, seeketh as much as he can to enlarge it, disabling the generall Iurisdiction, as well Civill as Ecclesiasticall. And this commeth as well through the naturall inclination which all men have as neere as they can for to command, as also for the profit which the Office receiveth: Wherefore if the Inquisitors doe extend themselves beyond their naturall duty, they are most to blame that doe suffer it, though sometimes with a good intent, yet never with wisedome. Some beleeve that the more they suffer that jurisdiction to enlarge it selfe, the greater Service they doe to God, and beleeve it is a favouring of Religion: Others with a good zeale have suffered the Inquisition to assume unto it selfe, blasphemies and Inchantments, and some others usury also, hoping that through the credit and seve­rity of that Office, they would bee the easier rooted out. But the e­vent hath shewne, and will ever shew the contrary; yea, the Service of God is diminished, offences take deeper roote, and the Office lo­seth its reputation. And if at any time the leaving of the Inquisition, a cause which did not belong unto it hath proved well for the pre­sent, it hath afterwards caused so many and so grievous evils, that [Page 45] the Secular Magistrate hath beene forced through meere necessity, to re-assume the Cognisance of those offences, which with small discre­tion he had left to the Inquisition, not without many controversies, and contentions of jurisdictions betweene that Office and the pro­per ordinary, accompanied with many confusions. Wee must not thinke that the restraining of the Inquisition Office within the due bounds, the not suffering of it to assume any Cases, but those which manifestly belong unto it, and to proceed with the presence of them who ought to be there, and other like modifications, to bee a diminishing, or an abusing of it: but contrariwise this is a way to ex­toll it, to make it the more to bee respected, and to preserve it per­petually. In those Countries where heretofore it was, and now at this present it is driven out: it hath beene for no other cause, but onely because they have assumed so much to themselves, that it was intollerable to the people. Every one doth willingly endure a reaso­nable bond, but from an excessive one, every one will seeke by all meanes though indirect, to free themselves. The ancient History of the Gordian Knot, which, because it could not bee untied, was cut to peices, is to be applyed to all humane ties and bonds, which if they be of such a sort, that those which are unjustly bound, may free themselves by ordinary way of Iustice, then they are suffered, but if there be no ordinary meanes, then they runne to extraordinary ones, as seditions, and other plagues: Wherefore it is verily to be beleeved that it is doing of God good service, for to restraine that Office within the due bounds, which is so necessary for the preser­ving of Religion, and that to grant it exorbitant Authority, thinking it to bee a favouring of Religion, is an undiscreet zeale, proue to end in the dishonour of God; dammage of Religion, and publicke confusion. And in this most happy estate, with much service to God, it hath bin preserved through the orders which the renowned Common-wealth hath made from time to time, to withstand the abuses which were creeping in, by enlarging the Authority more than it ought to bee. And as long as the same orders shall bee kept, and remedies found for other abuses which should daily grow, it will ever be preserved with the same fruites.

The Exposition of the nineteenth Chapter.

THe nineteenth Chapter that Inchanters, and Sooth sayers doe not belong to the Inquisition, is without any difficulty, for the same Canon Lawes doe forbid the Inquisitors to meddle with them, unlesse they doe containe manifest Heresie. And it is the more needfull to performe this, because that those who are accused for such offences are women, or other weake brained Persons, who had more neede to be taught or instructed by the Confessor, than to bee punished by a Iudge, and especially if they bee persons of quality, whom it is not fitting to carry before Tribunals; with scandall and disturbance of the family. The same care is to bee had, that they meddle not with Witch-crafts, as is said in the twentieth Chap­ter, which Chapter needeth no Exposition.

The Exposition of the one and twenty Chapter.

THe Inquisition ought not to Iudge of ordinary Blasphemies, since both the Canon and Civill Lawes, and the custome of all the world have decided that they doe not belong to the Inquisition; neither doth any one doubt of it, seeing the plainenesse of the Lawes: as for the hurtfull witches, the most excellent greater Counsell or­dered that they should be punished by the Magistrate; for Ecclesi­asticall punishments, are not sufficient chastisements for so great a wickednesse. The same reason did move the most excellent Senate to determine the same in cases of hereticall blasphemy in the yeare 1595. which deliberation was very mature, & after advice taken of [Page 47] the Consulters of that Age: which two determinations doe not take away nor hinder the Cognisance of the Inquisition, for the qua­lity of suspition of Heresie; but leaving that circumstance to the judgement of that Tribunall, they onely punish that offence which would otherwise remaine unpunished; the Ecclesiasticall jurisdicti­on having no punishment answerable to it. Which thing is no let to the Office of Heresie, but a chastisement for the injury done to God, and the dammage done to the neighbour. Some Inquisitors would have not onely the punishing of Heresie, but also the misdeede; and the blasphemy to be left unto their judging, and they give two rea­sons for it: The one is, that when in the offence there is the princi­pall and the accessory, the principall draweth the other unto it: but in hereticall blasphemies, suspition of Heresie being the principall, and belonging to the Inquisition, the blasphemy also ought to belong unto it which is but the accessory. The other is because it seemeth too cruell to them, to have one offence punished with two sentences; and doe alledge the common saying, that there are not two Iudge­ments allowed, against the same fault; but these oppositions are easi­ly answered. The first, because that suppose the suspition of Heresie were the principall (which thing St. Thomas doth not allow) yet neverthelesse it is not necessary, that it should draw the blasphemy along with it, since they are not so connexed together that they may not be severed, and that one may not have judiciall knowledge of the one, without knowledge of the other. but the Secular may very well admit the Persons, and examine him that is accused concer­ning the injurious words uttered against the Divine Majesty, with­out going any further to examine what is his beliefe, and what hee beareth in his minde. Therefore there is no such connexion betweene the blasphemy, and the enquiring of the Heresie, but that they may be separated, and each judged in the right and competent Court. The like is to be said when holy and Divine words are had in derision, as in transformed Psalmes, in which the Secular takes notice, onely of the injury done to God, leaving it to the Inquisition, to seeke whether it may thereby be supposed that the offender hath a per­verse beliefe. And in the offences done against holy Images with wounds and other stroakes, it is a great deale plainer, seeing that the Magistrate punisheth, nothing but that externall act, whereby Christ hath bin injuried in his Image, leaving it to the Inquisition to search, whether the offender have sinned because hee beleeveth some false Doctrine, or onely through wilfull malice. And to this [Page 48] purpose it is good to consider, that Hereticall blasphemy is not the same as a sincere or cruell blasphemy; most cruell is that which is most grievous and most abusive. Most Hereticall that whence grow­eth the greatest suspicion of Heresie, though in himselfe not so great. The Inquisition regardeth the greatest suspicion, which carrieth with it the greatest signification of there being an errour in the mind, though in it selfe it were not so abusive, and for this cause sometimes will make more matter of words spoken against Saints, than against the divine Majesty. The greatest punishment the Inquisition inflicts upon a blasphemer, is Abjuration, which punishment, if it bee on a person of low degree, may be said to be no punishment at all. And therefore because offences of such importance should not passe unpu­nished with scandall and evill example, the publicke determinati­on that the Magistrate should punish the blasphemy, and leave to the Inquisition the matters of Heresie, is both just and necessary: But that which seemeth absurd to some, vid. that two Judgments should bee made in one cause is not inconvenient, when the punishments which are inflicted are not of the same kind, and the end of the wrongs is different; the same Cause may be judged as civill, and afterwards as criminall. The end of a civill Judgment, is to give every owne his owne; the end of the criminall, is to punish the Usurper. So in ca­ses of Blasphemy, the end of the Inquisition is, if the blasphemer have a false beleefe to teach him the true, and absolve him from the censures he hath incurred by holding of the false. The end of the Ma­gistrate is no other but to punish the injury done to the divine Ma­jesty. The punishments which the Inquisition imposeth, are spiritu­all, as Abjurations, Absolutions, or Advisements: The punishment which the Magistrate inflicts are corporall, yea, it may be said more­over that they doe not make two judgments in one Cause, but in two severall Causes, the Magistrate judging the offence of Blasphemy, and punishing it with corporall punishment, whereas the Inquisition forgoing the offence, judgeth of the quality of the suspicion, and pu­nisheth it with spirituall punishment.

The Exposition of the two and twentieth Chapter.

THe two and twentieth Chapter mentioneth, that some Inqui­sitors to extend their jurisdiction, pretended that the offence of having two Wives did belong to their Office, who doe alledge for reason, that it is an abuse of Matrimony, which is a Sacrament; and that in Spaine the case is reserved to the Office of the Inquisi­tion. Contrary is the common Opinion of Civilians, who seeing the the Lawes have imposed no punishment on this offence, and the Canon Lawes doe not speake of it, they conclude by necessary con­sequence, that it belongeth to the Secular jurisdiction: and this is observed in all Tribunals, also in the state of Milan, where the In­quisition hath more extended her Authority, than in any other place of Italy; the reason brought to the contrary, that it is an abuse of the Sacrament of Matrimony, concluded nothing: for the first Wife taken in true matrimony hath the Sacrament annexed to it, and in this there happeneth no abuse at all. Then in taking of the second, there is no Sacrament, nor Matrimony, nor any manner of Spirituall contract, but a meere nullity done de facto, non de jure; so that there cannot be said to be any abuse of the Sacrament neither in the first, nor in the second act. Well may it be said, that by the second wic­ked act of taking another Wife, there is an injury done to the first which was a Sacrament, and this is most true, but the injury done to the Sacrament of Matrimony doth not belong to the Inquisition: for adultery is an injury done to the Sacrament, and yet it doth not be­long to the Inquisition to judge of it. And if any one would make having of two Wives, a token of Heresie, inferring that hee that doth it beleeves it to bee lawfull; with this reason hee might draw all cases to the Inquisition, for it may as well be said that the adul­terer, or the thiefe doe commit those wickednesses, beleeving that they are lawfull things; and amongst the rest wee should put into the Inquisition, all Gipsies, who get their life by stealing, and much [Page 50] more your high-way robbers. But contrariwise wee must alwayes suppose, that every sinner hath a true beliefe, and Catholicke Do­ctrine, but doth sin either through frailty, or through malice, or through humane compassion, and so ought to bee punished by his ordinary Iudge: which ought also to bee observed in him that hath two Wives, if there appeare no other token of a perverse beliefe. And it is not true that in Spaine the case is absolutely reserved to the Inquisition, yea it is ordinarily punished by the Secular, by bran­ding in the fore-head with a hot Iron. But because the Iewes and Moores hold plurality of Wives to bee lawfull, those who are of Iewish or Moorish race are examined at the Inquisition, for the suspition of Heresie, and punished with branding for the offence. If a Turke, or Iew become a Christian, be found to have two Wives, hee may bee tried in the Inquisition for his suspected beliefe; and for the offence in the ordinary Court of Iustice. But when either for carnality, or to steale the portion, or for any such ends any one hath taken a se­cond Wife, they ought without any circumstance to proceed, doing Iustice in the ordinary Secular Court, punishing the offence as the quality of the particular circumstances shall require, preferring the common opinion of Lawyers, and the Universall custome of Courts, to cavils onely invented to confound jurisdictions.

The Exposition of the three and twentieth Chapter.

IN cases of usury as it is said in this Chapter, it is questionlesse that the Inquisition ought not to meddle in them: So have many Popes of Rome answered Inquisitors, who have purposed to draw cases, and questions of Usury unto their Office, and the Decree is also Registred in the Canon Law, where to exclude absolutely all cases of usury out of the Inquisition, and to provide that by no indirect way, nor under any good colour it might be attempted to judge of any, the Pope saith: That though the Inquisition had enjoyned some converted Hereticke such pennance, as if hee had beene an Usurer [Page 51] he should make restitution; yet for all that, not so much as against him can they meddle in such cases. It is behoovefull both for Gods Service, and the reputation of the Inquisition Office, with all dili­gence to keepe many causes from them: So this Chapter being cleare▪ wee neede not say any more of it.

The Exposition of the foure and twenty Chapter.

IN this Chapter is set downe, that Iewes nor other Infidels shall for no cause be subject to the Inquisition Office, but onely to the Secular Court. It was said by the Apostle St. Paul plainely, that the Ecclesiasticall Power doth not extend to judge those that are not of the Church. And so much hath bin held and observed also in these latter times. Pope Innocent the third, declared that they were not subject to the Pope, neither to the Law, nor yet to bee judged; since that by vertue of the Law the Iudge doth exercise his Office. Besides, the Infidels of what kind soever they be, are not capable of Spirituall punishments, and therefore are not subject to the Church which pu­nisheth with such. In the Body of the Civill Law there be prohibi­tions, and punishments against Iewes which blaspheme, or injury Religion, or draw Christians to Iudaisme; or to offend Iewes which are become Christians: And the Popes of Rome themselves, have not used any other remedy against Iewes and other Infidels, who have offended in wronging or slandering Religion, but onely to excite Princes, and Secular Magistrates to doe their duty in punishing them: To this purpose there be many Decrees in the Canon Law: Some Princes to discharge themselves of the trouble of judging such cau­ses, have delegated them to the Bishops, which hath not pleased the Popes very well.

The King of Sicily, having delegated power to some Bishops of his Kingdome to punish the Sarazens of his Kingdome, in certain: [Page 52] cases where they offend Religion. Pope Alexander the third did write to them that they should onely punish such offences, for which was sufficient a pecuniary Mulct, or whipping, without blood-shed: But if the offence did deserve any greater punishment, they should not meddle with it, but should leave the judging of it to the temporall Power. This authority established by the saying of St. Paul, con­firmed by the Canon and Civill Lawes, and by Customes, none should attempt to contrary it. But the desire of enlarging authority, doth so blinde some men, that without regarding so much plainenesse, they turne themselves to cavils of no moment, saying, That if God doth punish, and hath punished Infidels, the Pope, and the Inquisitors his Delegates, may and ought also punish them. A reason which would prove that they might punish both Christians and Infidels, and all manner of offenders, for all manner of offences, though never so con­cealed, and also sinnes onely conceived in the minde: for God doth punish all these. The truth is, that Christ hath not given his Vicars any power but onely over his Church, and in spirituall things, and therefore they can judge none but Christians, nor punish them but onely with spirituall punishments. The temporall punishments God hath committed to the Secular power, for punishing all man­ner of offences, and against all offendors be they of what Religion they will: And certainly to make an argument from the Divine Omnipotencie to humane authority, it agreeth not with the reve­rence due to the Divine Majesty: But another thing must bee con­sidered, for they say, that although Infidels be not subject to Eccle­siasticall power; yet when they doe offend the Church, reason will, that she may defend her selfe by punishing them, it being a terme of Law, That he who is not subject to a Territory, by reason of an of­fence committed in it, becomes subject to it, which things well under­stood are all most true, yet doe they not conclude in this purpose: For the Church must not be denyed the defence of her selfe, if she be offended, but she ought to doe it with all offenders by meanes of the Magistrate. The Infidell who violates holy things, and of­fends Religion must not remaine unpunished, and the Church may defend it selfe, but not with its owne forces, but with the authori­ty of the Magistrate: to inflict punishment doth not belong to him that is offended, but alwayes to the Iudge, and when by an offence the Delinquent should have his Court of Iudgement allotted him, hee becommeth not subject to him that is offended; otherwise every private man might chastise him that doth offend him, but he becom­meth [Page 43] subject to the Iudge of the place where the offence is commit­ted. Wherefore these reasons prove nothing but that the offence done by the Infidels to the Church, ought to bee punished by the ordinary Secular Court of judgement: and so much the rather ought this to be observed, because both Divine and Humane Lawes doe order it so, when such sorts of offences deserve greater punishments, as indeed such offences, for the most part are so grievous that they will deserve greater punishment than the Inquisition would inflict upon them.

In the yeare 1581. Pope Gregory the thirteenth, framed a Bull a­gainst Jewes, in which he did subject both them and all other Infi­dels to the Inquisition in tenne cases so fully set downe, that if it should be observed no Infidell might inhabite nor trade within Christian Dominion. This Bull although it were imprinted, yet was it published or received but in very few places, and it were impossible to observe it. Yea, Pope Sixto the fifth, and Clement the eight not regarding it, did give Infidels safe conducts to come to the City of Ancona. And that which is most important is, that in the Commission granted by the Cardinals to the Inquisitors, where­in is expressed how farre their authority extendeth; there is not the least mention made of Iewes or other Infidels; a manifest proofe that they can pretend no power over them. But of that Bull of Gregory the thirteenth, and other, it will be a more fitting place to speake at large in the 28. Chapter: To conclude therefore the Inquisition Office is ordained against Heresie: wherefore it is not fitting it should be enlarged to other offences; Infidelity is no Heresie, and the offences which Infidels commit to the wrong and dishonour of Religion, have no need of Ecclesiasticall Cognisance, but may very well be taken notice of, and punished by the Secular power, and it ought to be observed, it being commanded by the Di­vine, Canon, and Civill Law.

The Exposition of the twenty fift Chapter.

THe Office of the Inquisition out of this State pretends, that it may judge your Easterne Christians upon any Articles, even in those wherein the Nation wholly dissents from the Court of Rome. In this most renowned Dominion, regarding the protection which the Prince hath of the Greeke Nation, the Inqui­sitors doe not extend their pretences so farre, but say: That the Grecians may be suffered in those three opinions, wherein they dis­sent from the Easterne: but if any of them doe hold any sinister opinion, in any of those heads wherein their Nation agreeth with ours, that they ought to be subject to the Inquisition. Which di­stinction is superfluous, and not lesse opposite to the Princes prote­ction, then if they were judged in the three different cases, also it is superfluous, because that there being no Heresies at all at this present amongst the Greekes, concerning any of the common Articles, this case cannot happen against the protection, because that they are bound by their customes to acknowledge no superiour in any thing, but one­ly their owne Priests: which thing whether it may justly bee maintained, or no, may very well be decided by the customes which have ever beene observed.

The Easterne and Westerne Churches continued both in com­munion and Christian Charity, for the space of nine hundred yeares or more, in which times the Pope of Rome was reverenced, and estee­med no lesse by the Greekes than by the Latines. He was acknow­ledged for St. Peters Successor, and chiefe of all the Easterne Ca­tholicke Bishops. In the persecutions of Hereticks they implo­red his aide, and of other Bishops of Italy, and this peace was easily kept, because the supreame power was in the Canons, to which both parts acknowledged themselves subject, Ecclesiastical Discipline was [Page 55] severely maintained in each Countrey by the Prelates of it, not ar­bitrarily, but absolutely, according Order, and Canonicall rigour, none putting his hand into another mans Government, but advised one another by the observance of the Canons. In those dayes never any Pope of Rome did pretend to conferre any Benefices in other Bishops Diocesses; neither was the Custome yet brought in of get­ting money out of others by way of Dispensations or Bulls. But as soone as the Court of Rome beganne to pretend that it was not subject to Canons, but it was according to her owne discretion, she might after any ancient Order of the Fathers, Councells, yea, and of the Apostles themselves, and that it attempted, in stead of the ancient Primary of the Apostolicall Sea, to bring in an abso­lute Dominion, not ruled by any Law or Canon, then the Di­vision grew.

And though within these seven hundred yeares a peace and re­union hath beene often attempted, yet could it never be brought to passe, because they have alwayes hearkned to debates and dis­putes, and not to the taking away of that abuse which was the reall cause of bringing in the Devision, and hath beene the true cause as yet of maintaining it. Whilst the Churches were united, St. Pauls Doctrine was also joyntly held and observed, that in cases of publicke Government, every one should be subject to the Prince, because God commands it so, who is disobeyed by him who doth not obey Secular Power, by him appointed for the governing of mankind. Never did any pretend that he might not be punished for his offen­ces, holding it for certaine, that to have an exempted power to doe evill, is a thing condemned by God and men: Saint Paul his words were in every ones mouth, vid. Wilt thou bee exempt from feare of Temporall punishments, doe well, and thou shalt not onely not bee punished, but shalt also be applauded by it. But if thou dost evill, thou oughtest to feare it, because the Sword of Iustice for the Divine service to punish evill deedes hath not beene given to it in vaine. After the Division of the Churches in the Eastern [...] Church, the same opinion remained, and still remai­neth, vid. that every Christian for Spirituall businesses is onely sub­ject to Ecclesiasticall power, but in Temporall to the Prince. And nothing is more Temporall than offence, because nothing is more contrary to the Spirit.

There continueth also amongst the Greekes, that Doctrine, that Bishops ought to judge; which opinion is Catholicall, and which [Page 56] hereticall, but to punish those who hold hurtfull opinions, belong­eth to the Secular. Now the truth being thus in the things aforesaid, which are manifest and cleare; the Inquisition ought not to meddle with the Greekes for foure reasons: First, because that whilst a cause remaines undecided, it is not reasonable that the one party should bee judged by the other in their owne controversie: But this is the controversie betweene the Greekes and the Court of Rome, that they require the observation of the Canons, which subject each Nation to their proper Prelates; and the Court of Rome pretends to bee above the Canons: Therefore the Greekes ought not to be judg­ed by the Romish Officers in this controversie▪ The second is, because that it is certaine that before the division, the Grecians were in Tem­porall judgements subject to the Secular Magistrate, and in Spiritu­all to their superiors; Therefore it is just to have their right and custome maintained to them. The third, is because if the Prince should grant the Inquisition power to judge the Greekes, hee should deprive himselfe of his proper Authority, which he may withquietnes exercise, & not without troble give way to have it exercised by others. The power of punishing offences in the Greekish Church, hath al­wayes beene in the Prince; and the Greekes in these dayes doe con­fesse it, and desire it may so continue: So that with quietnesse justice may be administred by the Magistrate, whereas the leaving of it to the Inquisition, with contradiction of the whole Nation, might bring in a thousand inconveniences. The fourth, because the most renowned Common-wealth gives the Greekes leave, to live accor­ding to their customes; but their custome is, that in Secular things, and in the punishing of any manner of offence they shall be subject to the Prince, and in spirituall things they shall obey their Priests: therefore maintaining the protection which is promised them, they connot bee subject to others. Therefore it is not bee suffered, that the Inquisition should search out what the Greekes doe, or beleeve in se­cret: And if they chance to heare that any, lives or speakes scanda­lously of the Latins, then have they a ready and easie way to helpe it, by giving the Magistrate notice of it, by whom justice shall bee administred, and especially in a matter of such importance, as to provide against scandals and tumults.

The Exposition of the sixe and twentieth Chapter.

THe sixe and twentieth Chapter, that no man be publickly ci­ted who is gone beyond the mountaines, upon the imputation of any offence committed in those Countries, seemeth at first sight to be a thing which cannot happen, and happening to be of very small moment: yet if that way were once given, it would bee very fre­quent and of great importance. Pope Clement the eight, in the yeare 1595. made a Bull concerning Italians onely, commanding that none, no not for matters of Merchandise should goe into a place where there were not a Parish Priest, and a publicke Church which exercised the Romish Rites, unlesse hee had leave from the Inquisi­tors; adding that those who had leave, should bee bound to send every yeare a certificate over, that they were confessed, and had communicated. To bring in the observance of this Bull, as soone as any Italian comes beyond the mountaines, presently the Iesuits come upon him for comming over without Licence; and if he doth not yeeld unto them, and promise them obedience, they presently examine some adherent of his against him, and frame a secret Pro­cesse against him, which they send to Rome, from which there is a processe writ to Rome, to the Inquisitor of the place where hee was bred up, to call him by publicke Citation. This Ci­tation in former times, was wont to be made from the Inquisition of Rome, but now they are beware of doing so, because the Cities beyond the Hills doe revenge themselves, by proceeding against some adherents of the Court of Rome, and to avoyd this danger, they cite no more to Rome, but have him cited to the place of his bringing up. This invention though it bee coloured with Religion, aimeth at the making of the Court of Rome Mistris in Italy, of Merchandises which come from beyond the Mountaines; as three hundred yeares agoe it brought under it, with a lesse pretence, the Merchandises of the East. It will not bee from the purpose to relate here what was [Page 58] then done, and what was the event of it; especially within this City, that we may the better sinke into that which is now done. It was ordered and commanded by the Governors, that Infidels should be forbidden to carry Armes, or any other instrument where with they might make Warre with Christians; the Derree as honest was received by all men: This ready obedience of the World, gave Pope Clement the fifth, hope of stepping yet one step further: where­fore in the yeare of our Lord 1307. hee published a Bull, and com­manded that none might carry any Merchandise of any kind into the the Easterne Countries, nor that there should any bee suffered to goe out of the Harbors for such a voyage, upon paine of excommunication, and other grievous penalties, as well spirituall as temporall: and amongst other that none hath carried, or suffered any to bee carried of what kind soever, might bee absolved unlesse hee first precisely paid so much as the principall which was transported amounted un­to. The difficulty, if not impossibility of observing so strict an order, was a cause that there were many offendors in Venice, who during their life did little thinke of it: but at the poynt of death to receive their absolution, they left (according to the Popes command) order to have the offence satisfied: Neither wanted there Confessors to urge it instantly, denying also absolution to such as did not pay, or give order to be paid, so much as the principall of that whcih hee had carried into the East came unto. Many who have beene that voyage severall times, found themselves to owe more than they were worth at their houre of death: Wherefore for the discharge of their Consciences, they would by Will leave all they had to the Popes disposing. The Heires, and the Commissaries did deferre the exe­cuting of the Wills, seeing they tended to the destruction of Fami­lies, and of the Common-wealth, especially there being some who held such Wills to be voyd and extinguished. By this meanes in fifteene yeares the mony due to the Pope, came to a summe sufficient to have emptied the City of money: to which Pope Iohn the two and twentieth, who was his successor applying his mind, and gathe­ring the money on all sides, in the yeare 1322. sent Ardenato Largo, and Falcone Castario Nuncioes to Venice, to receive that which by Will was left to the Popes disposall, constraining notaries and o­thers to produce the Wills, excommunicating them which did not deliver them. Besides hee gave these Nuntioes Commission also to see to, and to excommunicate all those which were alive, that had say­led thither, & to absolve them, paying the principall of the Merchandise [Page 59] which was carried thether. These Nuntioes being come to Venice & having erected a judgement Seate, committed divers disorders, a­mongst the which one was, that they Excommunicated St. Marke his Proctors, and above two hundred other Persons, men and women for the aforesaid cause. Those who were then consultors of the Common-wealth, amongst which was one Andrea, Bishop of Chiozza, did advise that these Nuntioes actions were not Lawfull, & resolved to withstand them with apeales, & other remedies which were put in practice, to that these Nuntioes attempts did take no effect. One­ly as it hapneth in such cases many inconveniences remained, which continuing with great danger for the space of two yeares, the Pope was forced to apply a remedy, which was worse than the soare. He made a Bull in the yeare 1324. confessing that his Nuntioes actions had bin disorderly, suspended the censures by them pronouced, and gave the Arch Bishop of Ravenna Commission to execute it; com­manding him afterwards, that he should set downe a convenient time for men and women who had beene censured by the Nuntioes, to appeare for that cause at the Court of Rome, which was then at Avignon, either in Person, or by their Proctors to treate of their bu­sinesse, excepting none but onely the Duke and the Commonalty. It was a brave increase for the Court of Rome, to have some 200. Per­sons or more to come thither at once, for money matters of so great weight. But what happened, and whither the Pope were obeyed by few or many, I cannot justifie: But it is certaine that then there did arise an opinion which said, that it was no sin to carry Merchandises to Infidels, so they were not things for the use of Warre, and there­fore that the Pope could not hinder it: which moved him in the yeare 1326. to make a Bull, declaring them to be Hereticks which said that it was no sinne to carry Merchandise to the Infidels, al­though they were not usefull for Warre. But then the controversies which the Pope had with the Emperour, brake out into an open Warre, so that he being (as Ludovico Bavaro writes) all the rest of his life employed in greater affaires, had no time to thinke on this. Under his successour there was some moderation found, be­cause he set his hand, not to the revoking of the Decree as it had beene just, but to grant Licences. And this renowned Common-wealth asked for them, and obtained them; sometimes for a yeare, and sometimes for a longer time, but prefixed; and sometimes re­straining the number of ships, sometimes leaving it free: And these Licences cost money, but how much it was not alwayes knowne. [Page 60] Yet will I speake in this particular, that for one Licence granted by Pope Innocent the sixt, in the yeare 1361. they agreed to pay nine thousand Ducats of gold of the Chamber, alleadging that it could not be done for lesse; because that the Apostolicall Chamber was ex­hausted, and in want. This grievance lasted untill a little after the yeare 1400. for then the truth being made manifest to the World, that it was free and Lawfull for the Merchant to doe it, the Court with-drew it selfe from her pretences.

Now to attempt that none should goe without a Licence, into any Lands, which doe not acknowledge the Pope, hath a more seeming colour than at that time; saying, that it is done for feare least they should be embrewed with some false Doctrine: as though a written and sealed paper could be a preservative unto them, and as though he might not chance to escape untouched which went with­out a Licence, and that it were impossible for him that had it to bee infected: Whence it is evidently seene, that forbidding them to goe into those Countries without leave, is not zeale to Religion, but a desire of commanding, and to bring the Secular Power under, and to reape some good benefit. If the just liberty of Merchandizing ought not to beare this burthen, it neither ought to bee suffered, that one who hath here lived as a good Catholicke, and is gone beyond the Mountaines, because he hath not asked the Inquisitor leave, should be molested and hindered in his businesses, for any imputation laid upon him from Rome, to the disgrace of his friends, who are blemished thereby: especially since they refuse to have this citation made at Rome, fearing the revenge of those Cities beyond the Mountaines, which shall hold themselves offended thereby: it is not reasonable that they should thus conceale themselves, & lay on other mens backs, that which is done for their owne proper ends, and so by these indi­rect wayes, make themselves masters of the Merchandize which commeth from beyond the Hills. And therefore, if any Native of this Dominion, have lived as a good Catholicke in this Country, and for his owne occasions have passed the mountaines, it were unjust to trouble him any way before his returne, upon any relation that shall bee made of him.

The Exposition of the seven and twentieth Chapter,

COncerning the 27. Chapter, that confiscation of Goods shall not be admitted in this matter of Heresie, it being already brought in, and the custome established without any contradiction, there nee­deth nothing but onely to continue the observing of it; since it is much for God, and Religious service, whereof when one treateth­it is alwayes hurtfull to intermixe any money matter with it; be­cause that thereby the World is scandalized, and seeing money hap­pens into the businesse, it cannot be perswaded (though it were plaine and true) that the Service of God holdeth the first place therein. The Court of Rome will never cease upon all occasions to blame this order, beleeving that this moderation established by the most re­nowned Common-wealth, doth to upbraide the Roman Ordinance with too much severity. That which it will publickely alledge is, that Heresie is an offenee of treason against the Divine Majesty, which ought more to bee punished than that against man; wherefore it is a perverting of order, when greater punishment is inflicted on him who offendeth man, than on him who offendeth God: and therefore if they confiscate goods for humane treason, much more ought they to confiscate them for Divine treason, which offence they they runne into by Heresie. But this appearance is but a shadow without a body, for it would condemne their owne constitutions, which doe pardon the Delict of Heresie for the first time, but the Delict of humane Majesty offended, is not pardoned for the first time: so that it would seeme that lesse account were made of offen­ding God than men. Wherefore the truth is, that in imposing of punishments, respect is not had onely to the grievousnesse of the of­fence, but also to the circumstances of the dammage which it bring­eth to others; or to the dishonesty adjoyned to it, or to the more perverse will of the offender. Humane Majesty is not offended, but with a certaine malice, and desire of him that offendeth, and Heresie [Page 62] very often is through ignorance; whence this for the most part deserves compassion, but that never. The confiscation of Goods terrifieth others, who at least abstaine for love of their children, preferring their good before the passions which move them against their Prince. But in case of Heresie every one seemeth to be moved by a spirituall respect, which ought not to bee lesse esteemed than the death of children. The event sheweth that this most happy state, with more generall satisfaction, rests as free from hereticall dissen­sion, without taking away of goods, as others where with severity they are taken away. Therefore not regarding other mens orders or examples, or what others say, we ought to follow those orders which experience teacheth us to bee good.

The Exposition of the twenty eight Chapter.

THe twenty eight Chapter, that no Bull or Ordinance of Rome, neither new nor old, be published without the Prince his expresse Licence, is of most important and necessary considerati­on for the preserving of the Inquisition; Upon which Chapter I will first set forth the juridicall and true reason, why it ought to be so ob­served, with the inconvenience which would follow, if it were done otherwise.

It is cleare, that as every one may, for his owne ends, at his owne will and pleasure, change Orders, and governe a jurisdiction which is wholly his owne, without acquainting one therewith, or asking any ones consent; so where by contract and agreement betweene two▪ there is a Tribunall set up, and a forme given, one of them can­not upon any reason, though never so excellent and undoubted, make any alteration without the consent of the other contracter: such is the nature of a contract and agreement, that as it receiveth his being and existence by the consent of the Contracters, so it [Page 63] cannot receive the least alteration without the same consent: So that if any alteration bee needfull through change of times, or other circumstances, it cannot be lawfully made but by both parties. It is plaine that the office of the Inquisition within this dominion was appoynted by order of the greater Councell, and by consent of the Pope in the yeare 1289. with Covenants then established. Where­fore no new thing which hath happened since can alter it, if the same who agreed in the institution, doe not likewise agree in the alterati­on: And therefore if the Court of Rome decrees any new thing con­cerning that matter, it cannot extend its force upon that Office, but onely with the Prince his consent. This is the true reason why Bulls and Orders made since that time at Rome cannot binde. Nei­ther can it be aleadged to the contrary, that diverse times doe re­quire divers Orders, and that Popes for the better government have made other reasonable Lawes, which ought to be received: for the answer to this plaine, that as in the world nothing can bee held unchangeable, and every custome ought to be accommodated to the times and persons, so it is to be done to them whom in reason it concernes to doe it, and by no others. If any one would rule com­mon businesse of himselfe, though he did doe it with a good intent and happy issue, yet did he neverthelesse transgresse Divine and Humane Lawes: the same reason which caused the Inquisition to be first insti­tuted by agreement, doth now also suffer no new Laws or orders to be made, but by agreement. To give force unto a Law it is not suf­ficient that it be convenient and reasonable, but it is also essenti­all, that it be made by those who have full power: Neither is that said onely for the preservation of power and jurisdiction, but also for the necessity of a good government. The Inquisition was not then instituted with the same Conditions, as in the rest of Italy, because the considerations of this Common-wealth and other States were different. So now likewise divers considerations cause that which is expedient at Rome, sometimes not to bee expedient here: Wherefore it may not be convenient presently to execute in this state, that which the Pope for his owne respects hath ordered, but first ought to be considered whether it agree with the respects of this place, which thing none but the Prince can doe, as one who a­lone knoweth what is needfull for the publicke affaires: And therefore although the new or old Bull should seeme unto the Go­vernour honest and profitable, yet ought not he therein to follow his owne judgement, it being proper to the Prince alone to know [Page 64] what is expedient: Neither ought it to seeme grievous to the Bishops or Inquisitors, to have that which is just and lawfull executed in due manner, judgement, and forme. The Inquisition of Spaine which is likewise ordained by agreement, proceedes in the selfe same manner. It hath its owne Lawes and proper Customes by which it is governed, neither is it altered, or receiveth new Or­ders from Rome; but if for any publicke respects the Court be­leeveth, that it were good to bring up some new thing in Spaine, they write to the Generall Royall Counsell over the Inquisition where it is consulted of, and according as the respects of Spaine will beare, it is received either in part, or in all, or in part, or in all laid aside.

But that the observance of this Chapter is necessary not onely for the maintaining of the proper Power, and jurisdiction, but also to withstand infinite inconveniences, hee may finde it plainly that shall consider these things following.

First speaking of Bulls already made, many are contrary to the Institutions of this most renowned Common-wealth; as those that command Hereticks to be burned openly and alive. The confiscati­on of goods, with censures to those Princes who doe not admit of them. The demolishing of a house where a Heretick is found, al­though it be none of his owne: That the Inquisition may cause any that it suspecteth to give it a pecuniary security to live a good Catho­licke: That the Inquisition have an armed Court properly belon­ging to that office, All these are Pontificiall Ordinances, contrary to the Customes of this State; some doe give Inquisitors excessive au­thority, as those which will have them, have power to give leave to weare Armes, and to make Crocesegnati, which things could not bee put in practice, without great confusion: some are so severe, that they cannot agree with the government of this State, as that of Paul the fourth, which will not have him pardoned his life, that will come home againe, having held any one of those five Articles, which by him are named: And another of Pio the fifth, that no sentence given in the behalfe of one that was accused and found innocent, should transire in rem Iudicatam, although it were given after the Cano­nicall purgation, but that the Office may alwayes take the same cause in hand againe, upon the same proofes, which order if it were in use would bee a continuall torment to those wretches.

And that other of the same Pope, that whosoever should offend, or but onely threaten a Notary, or other Officer of the Inquisition, or a [Page 65] Witnesse examined in that Office, besides the Excommunication, should be guilty of High Treason, and should be punished with Ca­pitall punishment, his goods confiscated, his children infamous, and uncapable to succeede others by will: To which punishment should also be subject whosoever should not onely case one to es­cape out of Prison, but he also that should but attempt it, although the effect did not follow: and also whosoever should favour any such, or mediate for them, with other clauses of most cruell temeri­ty, comprehending also titular Persons and Princes. Yet this is that Bull which was made in the yeare 1569. but was never recei­ved nor published in this State. The Cardinall Arrigoni, eight and forty yeares after that, vid. in the yeare 1617. commanded the Inqui­sition of this City of Venice, that it should print it and publish it, and it had beene done, if the most renowned Reformators of those times, by order of the most excellent Counsell had not hindered it. Any one may consider how many Processes might be made for every word that should be spoken to one of the notaries, witnesses, or de­nouncers, who had thought themselves wronged, and how many wretches would have bin daily vexed. It were long to rehearse all those things which are contrary to the customes of these Countries, but the above said are sufficient to shew that without the disturbance of the publicke authority and peace, they cannot be all generally ad­mitted. But if any be necessary or profitable for the punishment of Hereticks, it is fitting that it should be received: but to know which is such a one, belongeth properly▪ to the prince, nor can any one else know it. Neither ought any one to be confident that they may bee received without confusion, because they are of force in Rome, and yet things there are quietly carryed, the State of Rome being diffe­rent from that of other Princes. The Romans say they are above these Ordinances, if they thinke fit they may observe them, if not, they may omit them, or dispence with them, and they doe wonderfully serve for their ends, as well when they are observed, as when they are disobeyed, because they are not to bee ruled by the Lawes, but they doe rule the Lawes. Contrariwise in other States when they are once published or received, they are no more in the Prince his po­wer: They must then runne to Rome to seeke a remedy, when they are heard, and either they doe get remedy or not; they regar­ding not what is behoovefull to another State, but to their owne. And this is that which the court of Rome would have, and every day attempted, vid. to have in their hand, under colour of Religion, [Page 66] the administration of some certaine things, without which States cannot be governed, by which meanes it would become judge of all governments. For this cause, the Popes say daily when they would cause their Decrees to be admitted, that if there be any in­convenience, they should have recourse to them, and they will helpe it, but the remedy which commeth not from the same Prince, but from them who have their proper interests, is worser than the sore. God whose workes are perfect, and who is the Author of all Principalities, gives to every one as much power as is necessary to governe well; neither will he have it acknowledged from any o­ther, but from his Divine Majesty. All that which a Prince ac­knowledgeth from others, but from God, is slavery and sub­jection.

So much is said generally of the consideration which ought to bee had in publishing or receiving Pontificiall Orders made of old in matters of Heresie. But much greater care ought to bee had concerning those which shall be made hereafter. Of them which are made already the number is certaine, it is knowne whether they be received in other places or no, how they are observed: what construction they receive, what is their aime, what conse­quence of good or evill effects they bring with them: But for the time to come, if the Court might have her liberty the number would grow to be infinite. When one newly appeares, it is not knowne whether the World will admit of it or no; the aime of him that made it, is not yet discovered, experience hath not shewne what ef­fects it may bring forth; and therefore all delay and maturity in receiving of it, will bring forth aboundance of conveniency with it. It is not said, that new reasonable orders are not to bee accepted, but that they ought not to be received as of duty, or as subjects, but by agreement and publicke treaty, the institution of that Office requi­ring it as it is said, and with much consideration, because of the great dangers that novelties doe bring with them. The Court of Rome in making new Buls, taketh no great advice; with ease they are made, because with ease they are revoked; or derogated from, or dispensed with; as it fals to be most commodious for their businesses, wherein they regard their owne ends: But that which is profitable for one State, is not profitable for another. The safety of this Domi­nion requireth that Religion should bee kept inviolate in all her parts, withstanding all change and novelty whatsoever. The respects of Rome require, that no change shall be made, through which Pon­tificiall [Page 67] power may be diminished, nor the Court lose any of her profits which she draweth out of other Statues: But those novelties whereby the profit of the Court may be increased, or temporall au­thority may bee diminished, with the exaltation of the Eccle­siasticall, are not to bee abhorred, but procured; and that wee see daily.

This most renowned Common-wealth, as well as other Catho­licke Kingdomes, finds it selfe betweene two contraries. The Pro­testants who have no other aime but to diminish Ecclesiasticall au­thority; and the Court of Rome, which hath no other aime but to increase it, and to make the temporall her servant: Whence your Catholicke States and Kingdomes to preserve themselves, doe with­stand all novelties on the on & the other side, and doe keepe Religion without any change at all, being knowne by experience, that either of the novelties are pernicious. That reverence which deservedly is given to Religion, is the cause that those abuses have easie admit­tance which come covered with that sacred Mantle. For the main­taining of Religion, the office against Heresie is respected, and for this cause, when Rome will bring in some novelty, it wil­lingly makes use of that office, supposing that the true end will not appeare. And that hath beene wrought in the selfe same manner in times past, but very slightly in regard of what was done at this pre­sent. Neverthelesse the Senators of those times were alwayes care­full. They would have the Office against Heresie to bee mixt; they have opposed themselves against all novelties: they have not suffe­red Ecclesiasticall Persons to doe any thing unknowne, unseene or unexamined. By these foot-steps must he walke that will have the Common-wealth preserved, not suffering new Buls, or Decrees to bee accepted within the State, if first by mature deliberation it be not made knowne, that they will bring in no inconveniences. Which deliberation is proper to the Prince, who alone comprehen­deth the estate of publicke things.

The Exposition of the nine and twentieth Chapter.

THe nine and twentieth Chapter which treateth of publishing a prohibition of bookes, since the agreement of the yeare 1596. stands in force, there can no doubt be made of it. But it will be ne­cessary to consider, that the agreement being made with so much consideration and maturity, as well of the Apostolicall Seas side, as of the most renowned Common-wealths side; the matter ought to be held of weight. This conference lasted foure Moneths, on the Pontificiall side there was the Cardinall, the Nuntio, and the Inqui­sition; and on the other side the chiefe Senators of the Common-wealth, cleare arguments, that the businesse on both sides was held to be of great weight: and neverthelesse, though it was determined by common consent, yet did it not take away all hope from the Ec­clesiasticall Persons, to have it forgotten againe and out of use: Wherefore then they treated, that there should bee but three score coppies Printed of the agreement, for nothing else but because there being an innumerable number of the coppies of the Indexes, of the forbidden bookes which passe through all mens hands, every one might see those documents, which give the authority over the bookes to Ecclesiasticall Persons onely, but the moderation of the agree­ment might not be knowne but by few, and so finally it might bee lost. And treading these steps in Rome, there is not a yeare but there comes forth a Catalogue of new prohibition, under the name of the Master of the sacred Palace, with clauses that it shall take place in all Cities, Townes, and places of every Kingdome, Nation, or People; and that it shall bind all men, although there be no publication who shall come any way to have notice of the Edict. This Index is sent to the Inquisitors, that by meanes of the Confessors they may get them to worke the best effect they can: and by this meanes the agreement is deluded, and groweth out of use. And that which is worse, when an Index is printed within this City, they doe endeavour to have [Page 69] those new prohibitions inserted in them: which they also attemp­ted to doe this yeare. And if diligent care be not alwaies had, as it is at this present, they will one day set up a Court of Iustice, and open a way to the destruction of the agreement. Their intents to make themselves absolute Masters of Bookes, and the respects wherefore the Secular power hath neede to watch, to the end that they may not obtaine it, though they doe not appeare at first sight, yet with an easie consideration they are made manifest. The matter of Bookes seemes to be a thing of small moment, because it treats of words, but through these words comes opinions into the world, which cause partialities, seditions, and finally warres. They are words, it is true, but such as in consequence draw after them Hosts ofarmed men. In this matter the Romans cannot hide two high pretences which they have.

The first, that so they may prohibit bookes, not onely for cause of Religion, but also for any of her cause.

The second, that the Prince shall not have power within his owne state to forbid any bookes; for any cause whatsoever: and if that any be by them approved, the Prince cannot hinder, although he judge it to be dangerous, but that within his Dominions it may be had printed and publickly sold. And these two pretences taking once effect, they should doe the Temporall power wrong in three notable particulars.

The first in prohibiting or corrupting Bookes which are good and profitable for the maintenance of a good government.

The second, in prohibiting of Bookes, which doe not belong to them to prohibit.

The third, in hindring the Secular Power from removing what shall finde hurtfull to a good government.

Of which three prejudices we ought to treate particulary, for to consider of the remedies. About the first, concerning the prohi­bition of Bookes, which at Rome are not liked of, though they bee good and godly, because they maintaine Temporall Power. It is a cleare thing, that a Prince, especially one that ruleth with the Arts of Peace, useth this as a chiefe instrument to cause the people to beleeve this to be a firme truth, vid. that the Prince is ordained by God, and ruleth with Divine authority, and the Subject consequently in con­science is bound to obey him, and not doing it, offendeth God: that the duty of undergoing publicke burthens, either personall in bea­ring office, or reall in Tributes, Customes, or such like, doth [Page 70] tye the Conscience, and bindeth under the paine of sinning to resti­tution, he that refuseth to beare them, or doth defraud them. Be­cause that the Prince, by the Divine Law, is above any person that is within his Dominion, and may lay a burthen on any mans e­state, when publicke necessity, according to his judgement, shall require it. Everyone of himselfe, without any greater discourse may judge how easily a State may be governed, where the afore­said Maximes, as they are most true, shall be so beleeved to bee, and the disorders which most necessarily happen where contrary opini­ons are held Ofthese truths written by the Prophets, taught by Christ, and preached by the Apostles, ancient Fathers, bookes are also sull and good Divines doe hold them, as they are necessary to be beleeved. But as there were alwayes in Gods Church, those who made use of Religion, for worldly ends, so the number of them is now sull. These, under a spiritual pretence, but with an ambitious end and desire of worldly wealth, would free themselves from the obedience due unto the Prince, and take away the love and re­verence due by the people, to draw it to themselves. To bring these things to passe, they have newly invented a Doctrine, which talkes of nothing but of Ecclesiasticall greatnesse, liberty, immunity, and of her jurisdiction. This Doctrine was unheard of, untill about the yeare of 1300. neither is there any booke found concerning it before that time: then did they beginne to write of it scatteringly in some bookes: but there were not above two bookes which treated of no­thing else but this, untill the yeare 1400. and three untill the yeare [...]500. After this time the number increased a little, but it was tol­lerable. After the yeare 1560. this Doctrine beganne to increase in such manner, that they gave over writing, as they did before of the Mysteries of the most Holy Trinity, of the Creation of the World, of the incarnation of Christ, and other Mysteries of the Be­liefe, and there is nothing printed in Italy, but Bookes in Di­minution of Secular Authority, and exhaltation of the Ecclesiasticall, and such Bookes are are not printed by small numbers, but by thou­sands: Those people which have any learning can reade nothing else; the Confessors likewise know none other Doctrine, nor to bee approved of neede they any other Learning. Whence comes in a perverse opinion universally, that Princes and Magistrates are hu­mane inventions, yea, and Tyranicall, that they ought onely by compulsion to be obeyed, that the disobeying of Lawes, and defrau­ding the publicke revenewes doth not binde one unto sinne, but one­ly [Page 71] to punishment; and he that doth not pay if he can but flye from it, remaines not guilty before the Divine Majesty; and contrary­wise, that every becke of Ecclesiasticall persons, without any other thought, ought to be taken for a Divine Precept, and binds the Con­science. And this Doctrine perchance is the cause of all inconveni­ences which are felt in this Age. There want not in Italy pious and learned persons which hold the truth, but they are not suffe­red to write, nor to print: Something comes written from another place, but presently it is prohibited: And little thought is taken of Hereticall Books, especially those that treate of the Articles of Faith; but if any one comes that defends the Prince his Temporall Au­thority, and saith that Ecclesiasticall persons are also subject to pub­licke functions, and punishable if they violate the publicke tran­quility, these are condemned bookes, and persecuted more than o­thers. They have gelded the bookes of ancient Authors by new printing of them, and taken out all which might serve for Tempo­porall authority.

In the yeare 1607. they printed in Rome with publicke authority, a Booke intituled Index Expurgatorius, where they did note the places which in divers Authors ought to be cancelled, in which book every one may with eyes behold what things are taken away or changed in many good Authors, which did defend the Authority given by God to the Prince. So that at this present in reading of a Booke, a man can no more finde what the Authors meaning was, but onely what is the Court of Romes, who hath altered every thing. And that above all things would be thought incredible, if it were not seene in Print.

Pope Clement the eight, in the yeare 1595. in the Index publi­shed a rule, that all Catholicke Writers Bookes, written after the yeare 1515, might be corrected and amended, not onely by taking away what is not conformable to the Doctrine of Rome, but also with adding to it. This Precept hath beene put in practice and executed continually these seventy yeares, though it hath beene done publickly but some few yeares since. So that if in Authors wee finde no good Doctrine favouring Temporall authority, wee know who hath ta­ken it away. If wee finde any that favoureth the Ecclesiasticall, we know who hath put it in and finally, we may be assured to have no booke true. Wherefore since the onely aime is to extinguish or cor­rupt those Bookes by which onely well minded men might receive necessary instruction: The Secular Magistrate ought also to be cir­cumspected, [Page 72] and not suffer himselfe under faigned pretexts to bee de­prived of more than heretofore hee hath beene: and when new mention is made of prohibiting any booke which treateth not of Articles of Beliefe, to informe himselfe well of the Doctrine which it containes, and of the ends for which the Court of Rome would forbid it, before he gives his consent: And if any good and famous Authors Booke should be new Printed, to see that the good Max­imes be not taken out, or new ones inserted, contrary to the Au­thors intention. Yea, publicke service, justice, and honesty, would require that good Maximes should bee printed againe: and that those Bookes which have beene corrected by taking away or al­tering things favouring Temporall Authority given by God, should againe be restored according to the first and uncorrupted Coppies, according to the Authors meaning. And because by new prohibi­tions sent out under hand, the force of the agreement may not be deluded or diminished, when the Index of the yeare 1595. is prin­ted, the agreement also should be printed at the end of it. Taking notice of the prohibiting of Bookes, is not onely necessary to pre­vent the extinguishing of good Doctrine in Italy, which beginneth now to be done, but also because that under the pretence of good, the Inquisition may not usurpe that authority which doth not be­long to it; forbidding of Bookes, which though they be evill, yet have nothing to doe with Religion, which is the second preju­dice.

The Ecclesiasticals have declared unto us that they prohibit books for eleven causes, of which there be five that doe in no wise belong unto them.

The first of them is, when the Booke containeth any thing against his neighbouts reputation, especially Ecclesiasticall Persons or Princes.

The second, if it containes any thing against Ecclesiasticall li­berty, immunity, and jurisdiction.

The third, if with politick propositions of ancient Princes, or Histo­rians, they favour tyranny.

The fourth, if the Booke containes conceites, or quippes against any ones reputation.

The fifth, if they containe lasciviousnesses, and other things against honesty.

There is no question, but those Bookes wherein such absurdnesses are found ought to be condemned: but every one may not doe it, [Page 73] it were breeding a confusion in the World, if every one who know­eth an order to be good, might Decree it: That belongeth to pub­licke authority, which onely can make a Law upon that which be­longeth to her Government. He that is zealous and seeth the evill which is in a booke, let him procure the suppressing of it, and hee doe well, by his authority that may lawfully doe it.

The diligence in seeking out and discovering of an evill is com­mendable, but to goe about to remedy it, when it doth not belong unto him is usurpation and ambition. If by a booke the neighbours reputation bee touched, though he bee an Ecclesiasticall man it be­longeth not to the Inquisition to right it. That Office is against He­resie, and is not to protect any mans reputation. The Secular power is protector of mens honours, and he is to defend it, and to punish any one that doth wrong it with deeds, words, or writings. Let the In­quisition be carefull, that by bookes there is no Doctrine sowne a­gainst the Faith; and God hath provided a Magistrate to give a re­medy if by deeds, words, or bookes, any mans reputation is wrong­ed. If Ecclesiasticall Persons doe see any injury done to themselves or to others, it is just that they may crave the Magistrates helpe, and expect amends through him. If any thing bee written against Eccle­siasticall liberty and immunity, because it is enjoyed by privi­ledge from the Princes; it belongeth to the Prince to maintaine it to them, as farre as the publicke Service will permit: it were not good that every priviledged Person might out of his owne power defend his priviledges. Would God there were Bookes which might deserve prohibition for being against Ecclesiasticall liberty, rather than Bookes that doe deserve it; for extending it so farre as it doth confound all government: It usurpeth and taketh away that which belongeth to the Secular, and shameth Christs Mini­stery, which is for Celestiall things, and not to become masters of Terrestriall, committed by God unto others. It is not a lesser but a greater evill to extend Ecclesiasticall liberty so farre, as it may be­come irregular, then to restraine it more than it ought to bee. What is the cause that no booke is censured? Because it vaunts it too much, and taketh away the temporall. The best way to maintaine it is not to prohibite those bookes which keepes it within the bounds, but rather those which doe make it hideous for the absurdnesse of it: wherefore it ought not to bee denyed, but if any one should write in this behalfe contrary to truth, the Magistrate ought to proceed a­gainst the author and the booke, and observe the decency and au­thority [Page 74] due to the Ecclesiasticall order; but it is not just that they should right themselves. If politicke things be written, according to the maximes of Princes, and ancient Historiographers, accor­ding to all mens opinions it belongeth not to the Ecclesiasticall to judge of them: if they be tirannicall that belongeth onely to Prin­ces▪ to whom is proper the Government of States. Private men doe not understand it, and much lesse the Ministers of Christ, to whom is severely forbidden to entermeddle in it; and if any one will goe further, hee must not thinke to remedy it with his owne authority, but to signifie it to him, to whom it belongs to helpe it. As it is al­so most plaine that those who desire to have an unresistioned liber­ty, doe give the name of Tiranny to the lawfull power given by God, & to that Doctrine which opposeth it self to their attempts: so that under pretence of Religion they will become arbitrators of all Go­vernments. The same is to be said of bookes containing conceites, or biting quippes, which directly, or indirectly doe offend in any one, and if they doe teach ill manners, laciviousnesse, surfeits, which offend the publicke dignity; none of these excesses is Heresie, that they should belong to the Inquisition. The Inquisitor is made a Iudge of the beleefe, and not a censurer of manners. By St. Pauls Doctrine publicke quiet, and honour are given into the custody of Secular po­wer, the Inquisition ought not to put her sickle into another mans harvest. This conclusion needs no subtilnesse to make it bee under­stood, of it selfe it is plaine and easie. To the same man belongeth to judge and punish deeds, words, and writings of the same mat­ter, none can make question but that the offending of ones reputati­on, favouring of Tiranny, and dishonesty, either with deeds, or with words, are offences subject to the Secular Iudgement: Therefore those which are committed in writing also, shall belong to the same. By what reason can he pretend to censure the bookes of any of the foresaid causes, who confesseth of himselfe to have no power to censure the words, and the deeds? Since that by the Princes Mini­sters, such a disorder is put in practise, vid. that under pretence of favroring honesty, and Iustice, and preserving a good name, tempo­rall authority comes to bee usurped: peradventure because it is a very new thing, that the Ecclesiasticall power should prohibite bookes for any other cause besides that of Religion, since no Pope ever attempted it before the yeare 1550. therefore as a fresh thing, it hath not yet beene well examined; or because that some who give attendance upon publicke affaires, thinke it not ill to discharge [Page 75] themselves of this burthen of looking over bookes, and leave it to them as desire it. But as every Government requires watchfulnesse and carefulnesse, and he that discharges himselfe of these, dispoileth himselfe also of his authority, and doth not perceive it till it be lost, and cannot be recovered againe; so the most renowned Common-wealth, which hath ordered that her Officers should over-see every booke which is Printed, to prevent any inconvenient Doctrine from comming to light, hath knowne very well that this care belongeth to the Prince, and thence is necessarily inferred that his Deputies ought also to see whether that there be any inconveniences in bookes already printed, which may hinder the reprinting of them. To the same Person belongeth the preventing of evill, to whom the refor­ming of an evill already sprung belongeth. If the Prince may Law­fully by the authority he hath from God, forbid the printing of a booke because it containes blasphemy against the God-head, favou­reth Tiranny, offends publicke honesty, teacheth evill manners, or takes away another mans authority and reputation: Hee may also Lawfully and by the same authority prohibit them that are already printed, and doe containe the like inconveniences.

The Index of the bookes made in the yeare 1595. is already re­ceived with publicke authority by agreement; therefore the bookes contained in it, are to be prohibited without exception. But if here­after it be propounded by Ecclesiasticall Persons to have bookes pro­hibite for any of the aforesaid reasons, it must not be granted that they should doe it, but notice may be taken, and the booke prohibited by Temporall authority onely, leaving it to the Ecclesiasticall power onely, when the booke is prohibited for cause of Religion. There re­maines the third prejudice which is new, but of greater annoyance than the other two: because that to bee deprived of ones authority, and to lose good bookes, are indeede very great evils, but tollerable in respect of this, to be constrained to endure within their owne Dominions, a booke knowne to bee hurtfull. The Court of Rome though it hath assumed to itselfe to prohibite bookes, also for causes which concerned not Religion, and did not belong to Ecclesiasti­call power, yet before these last yeares they have not dared to goe so farre as to say, that the Prince may not also forbid those bookes which he seeth doe breede scandall, evill example, sedition or other perturbance within his Dominion.

Cardinal Baronius would be the first that should free this passe, and speake it boldly, who being conveniently opposed by that Prince [Page 76] who was particularly touched, none ever since hath dared to this houre to maintaine the Cardinall his enterprize. But because hereaf­ter some may attempt the like with greater Art, or upon an oppor­tunity, when mens eyes shall not be so open; the businesse being of such moment requireth to have the successe of that businesse briefly set downe, for a generall example and document, adding thereunto the true Doctrine, with her Grounds, answering the objected cavillations.

That Cardinall in the beginning of the yeare 1605. printed his eleventh Tome of the Ecclesiasticall Annals, wherein hee inserted a very long discourse against the Monarchie of Sicily. Of which dis­course what concerneth the Truth of the relation, is not fitting now to be spoken of, but to be left to his proper place: This onely belong­eth to the present purpose, that the discourse is full of slanders, and eagernesse against many Kings of Arragon of famous memory, and e­specially against King Ferdinand the Catholicke, and the progeni­tors on the Fathers side of him who now Reigneth. The booke comming to Naples, and to Milan, was by the Kings Officers there prohibited, that it should not be sold, nor had there for the respects of their Prince, which were too apparent to every vulgar person. The Cardinall having notice of it, assembled the Colledge of Car­dinals in the vacancy of the Sea of Clement the eight, and made an invictive against those Officers, that in prohibiting of that booke had laid hands on Ecclesiasticall authority. And afterwards when Paul the fifth was made Pope, he writ unto the King of Spaine, a long Let­ter dated the 13. of June in the same yeare, with this conclufion a­mongst the rest. That to the Pope onely belongeth the approving of bookes of all kinds, much more Ecclesiasticall ones, complaining greatly that in contempt of Ecclesiasticall authority, the Kings Offi­cers in Italy had prohibited his booke. The wisedome of that King thought it best to answer with deeds, and let the prohibition runne on which was published by his Officers. The Cardinall could not containe himselfe, but that printing his 12. Tome in the yeare 1607. he must insert to small purpose, a discourse of the same matter, saying formally, that it was an impious and abhominable thing, that in these our most unfortunate dayes, the Kings Officers should dare to censure bookes approved by the Pope, not suffering them to bee sold by the Booke-sellers, but with their Licence, which they would grant but when they pleased; yea, and would absolutely forbid the sale of them: that they doe it because the bookes rebuke their unjust [Page 77] acts, and that it was to take out of St. Peters hands, and putting into the Princes, one of the Keyes given him by Christ, vid. that of know­ledge to discerne good customes from bad. The Counsell of Spaine proceeded still with their wonted staidnesse and resolution, nor did not move for the third time, but let three yeares more run on. And in the yeare 1610. the King made an Edict, whereby hee condemned and forbad the booke in so grave a manner, that hee aptly touched Cardinall Baronius, as well as he had touched the Kings his Proge­nitors. And to give it the more credit and force, he caused the Edict to be published in Sicily with a Decree, and subscribed by Cardinall Doria; and was sent in print all the World over. The Court of Rome stood amazed, as well for the Edict, as for the execution of it done by the Cardinall, yet in Spaine they moved not a whit, and the Edict remaineth still in force. Certainly there cannot be imagi­ned a higher enterprize, than to send into a Prince his Dominions, a booke in print against his Government, and to pretend it to bee Lawfull, and that the booke shall be there read, kept and sold pub­lickely, and that the Prince shall have no power to discover it and withstand it; and that under colour of Religion, and the authority of Christ given to St. Peter. Which pretence will be taken away if we doe but marke the Catholicke Doctrine, and the custome of the holy Church, whence the truth plainly appeares, and Cardinall Ba­ronius his reasons are plainely confuted. It is a thing well knowne, that unto St. Peter were given the Keyes of the Kingdome of Hea­ven, & that many holy Fathers and Catholick Writers, meanes by the Keyes in the Plurall number, the one of Knowledge, and the other of Power; and that the power ought not to be understood Univer­sally, but onely concerning the Kingdome of Heaven, which is the Spirituall; for the Civill, Royall and Temporall power is expresly forbidden him by Christ. So the Knowledge is not to be understood of naturall things, nor of corrections, much lesse of Politicke, Civill, or Morall things; but as St. Paul saith plainely, they are made dis­pencers of Christs misteries onely: Wherefore if by the Ecclesi­asticall authority a booke be approved to be good in matters of Faith, it cannot be condemned as bad, by any Secular power: but if the booke treateth of other matters, as of jurisdiction, of Government, of Merchandize, although it were applauded by all the Prelates of the World, yet doth not that prejudice Temporall authority, but that it may be condemned. It is a great wrong to pretend that be­cause Christ hath given St Peter the Cognisance, and power of the [Page 78] Kingdome of Heaven, and forbidden him the Earthly; one may a­gainst his precept extend spirituall things to temporall. St. Augustine often saith, that grace doth not destroy nor take any thing away from nature, but leaving all her owne unto her, doth adde unto it Divine perfections. The Temporall power hath of its owne nature power to forbid all things which are repugnant to publicke quiet­nesse, and to honesty; and amongst the rest writings, and bookes which are contrary to it. Christ is not come to take away any of this authority from the Magistrates, but to leave it intire; onely he addes power to his Ministers, over things concerning Christian Faith, of which men by nature know nothing, but onely by Revelation: Therefore these ought not to assume unto themselves the power of approving of bookes which belong not to them, or to endeavour to deprive the Magistrate, of the authority which is given them by God, and by nature.

Cardinall Baronius alleadgeth the Epistles of certaine Writers, who have dedicated unto Popes their bookes of Histories, or of Law, or of concerning Government; and have submitted their Workes to the Popes censure: and therefore he concludes, that to him alone belongeth to approve of all sorts of bookes, and that once approved by him, none ought any further to meddle with it. But this is but a vaine reason, since it doth not make any distinction betweene Obligatory & binding words, and words of compliment. Who ever Dedicateth a Booke not onely to a Prince, but also to a private man, but that he will submit it unto him, and that with some Hyperbole of words. If we shall upon these Rethoricall colours ground Arti­cles of Divinity, we will also finde other Epistles, which wee will give the same power to all manner of Persons: and wee shall finde many bookes of Phisicke, and of Grammar Learning, Dedicated un­to Popes, with such like phrases of speaking; and should that inferre therefore that the Papacy is an Office concerning health, or a Gram­mar Schoole? Reverence and civill speaking is one thing, and that which must bee holden as an Article of Faith is another: But be­cause that Baronius taxeth the Princes Officers with forbidding of bookes, because they reprove their unjust dealings, it will be good to speake a word concerning that; because it shall not seeme that we will have unjust things defended, nor that any should thinke that it is Lawfull under colour of reproving of things, to disturbe the pub­licke quietnesse. One may speake two wayes of a misdeede; by way of Thesis, or Position, vid. in generall without touching either Person, [Page 79] or place; or time: and to reprove in this manner, hath bin alwayes held good for the rooting out of vice: It is Lawfull for any one to write bookes in this manner. Another way is by Hipothesis, that is of particular case, naming of Persons and other circumstances, and that is not permitted to any but to the Lawfull Judge. Every one may write against Usury in generall, but to touch any particular instru­ment for usury, belongeth to none but to the publicke Judge; and the doing otherwise, is to put the World in a confusion, leaving the ma­naging of businesses unto unjust persons. A generality may easily bee considered of, and hath neede of nothing but of study and authors; but a particularity by reason of the infinitenesses of circumstances, re­quires an exquisite prudence and experience. It is easie to say, and to prove in generall, that the usurping the Soveraignty of a State is un­just; and Cardinall Baronius might have thereupon made a long Pa­renthesis. But to come to a particular, and say that the King of Spaine usurpes the Soveraignty of Sicily, is not a cause belonging to him. And if the Kings Officers in Naples and Milan, have therefore pro­hibited his booke, they have not forbidden the reproving of unjustice, but rather the small wisedome of him who judgeth the present posses­sion of Sicily to be unjust, without having so much knowledge as was needfull for the doing of it. And if the Pope did approve the booke, intending to doe it for the places Ecclesiasticall Dominion and State, it is well: but if he did meane it also for other Princes States, so that it might not be prohibited by those who held it scan­dalous, that had beene an excesse, and usurpation of other mens au­thority, which ought not to be supposed of Pope Clement the eight, who was a wise Prince. And because Cardinall Baronius addes, that publicke Officers cannot prohibit Booke sellers, to sell bookes with­out their Licence, under pretence of hindering Hereticall bookes from comming in with false Titles, because that seeing such a dan­ger, they ought with humblenesse to seeke that the Bishops may doe it: this also deserves a little consideration. And first, to take away all ambiguity; neither did any approve of doing any thing under a fained pretence, that is, to cover evill with the colour of good, this being a pernicious dissimulation; but to set up one good thing be­hind another, to cause it to passe without naming of it to make the exe­cution of it easie, or for some other end, is not to be reproved; and the Holy Scripture doth give infinite examples of it. If an Edict were made by a Secular Magistrate, that no Booke-seller should sell bookes without Licence, because Hereticall bookes should not come in; [Page 80] having an intent that way, to hinder not onely Hereticall, but all other kind of evill bookes also, it were not a thing to be reproved; neither had the Cardinall any reason to enveigh against so just a thing. But it is worse when he saith that they must have a recourse to the Bishop, for that would bee a most unperfect Government which in it selfe had not a meanes to provide for a thing so ne­cessary, and should stay for a remedy from him that should give it according to his proper interests, and not according to the pub­licke necessity. In matter of bookes wee ought to distinguish, that it is one thing to judge whether a booke bee Hereticall or no, which belongeth to Christs Ministers onely, neither hath Secular power any part therein. And another thing it is when a booke is knowne by the Church to bee Hereticall, to forbid it by Law, which is not so proper to the Ecclesiasticall, but that it may very laudable bee done by the Secular power.

In the Primative Church, Hereticall bookes were examined, and declared to be such by the Counsels, but not prohibited by them but by the Prince. The first Counsell of Nice, condemned of Hereticall Doctrine of Arius, the Emperour Constantine did forbid his bookes by Imperiall Law.

The second Counsell of Constantinople, did declare Eunomias to be a Hereticke. The Emperour Arcadius did prohibit the bookes of the Eunomians by a Law, which is in the Theodosian Code.

The third Counsell of Ephesus declared Nestorius to be an Here­ticke, and his bookes were forbidden by a Law of Theodosius, which is in the body of the Civill Lawes.

The fourth Counsell of Calcedon condemned the Entichians, and their bookes were forbiden by a Law of the Emperour Martian who is in the same foresaid booke. This was the manner of the ancient Church, untill the yeare 800. since which time the Popes of Rome have declared divers Writers to be Hereticks. And the Princes have let that Declaration passe without any other Law of theirs: but it is not therefore to be said that they have deprived themselves of their authority of forbidding things hurtfull to their State. A Hereticall booke offends the Church, and disturbs a peaceable life. The first re­spect which is spirituall belongeth to the Ecclesiasticall, to discerne good bookes from evill, and to the Secular, as Protector of the Church to helpe it. But for the second respect to withstand novelties for the publicke repose, the Secular ought not to trust to other mens care, nor have recourse to any one; but to abound in care, forbidding all what may in any respect hurt a good Government.

[Page 81] It ought to be held for an undoubted conclusion, that the Secular power may forbid within its owne jurisdiction, any booke though approved by any other, and besides his power hee ought also watchfully to consider, what danger it is if his subjects doe swallow any opinion which is repugnant to good Government. I will also put it in remembrance, that as it is a great good to the Common-wealth, to have every booke that is to be printed, examined with such care, as is accustomed in this State, so it would not be of lesse good, to have every booke which is printed abroad, and brought hither examined before it be sold. It is a folly to thinke that the Common-wealth may be damnified by the printing of an evill booke, and not if it be prin­ted in another place, and so scattered abroad. It is true, that some things may be suffered in one that is already printed, which would not be suffered in one which is not printed. But things of importance ought equally to be handled, as well in those that are printed, as in those that are to print. And as it is sometimes wisedome in the prohibiting of a booke which is printed without the State, to doe it with silence, onely intimating it to the Booke-sellers, to not have the businesse regarded nor spoken of, so it should bee my respectfull advice, that sometimes about bookes which are very pernicious, it should bee done by Edict and writing, for that would bee a putting in practise, the proper authority, and not giving way to them who say, that prohibiting of bookes is a thing properly, Ecclesiasticall, and that would also accustome the people to it: For if the exercising of that authority bee put off till some most urgent or most dangerous case should hap­pen, it would run in danger of being thought to bee a novelty, and so bee disobeyed.

It is necessary before wee come out of this matter, to adde, that some others who have not dared to speake so great an absurdity as Baronius did, have stumbled upon another not much lesser; gran­ting that the Prince may prohibit bookes, as seditious, dishonest or infamous: but adding thereunto, that this prohibition ought to be obeyed for feare of temporall punishment, and not because it ty­eth the conscience: so that he that reades them, or keepes them secret is not culpable before God. This is a false and perverse opinion, and contrary to Christian Doctrine. St. Paul with precepts and plaine words saith, that every one is bound to obey temporall power, not onely because of the punishment, but for conscience sake. When one commands any thing, having not power from God, he that doth not obey him, [Page 82] him doeth not offend his Divine Majesty. But disobeying in that wherein the authority commeth from God, hee himselfe comes to be disobeyed and offended.

Saint Paul who hath beene often alledged, but never enough, saith, that God hath given the Prince charge of tranquillity, quietnesse, piety, and honesty: and if for these respects the Prince prohibits a booke because it is seditious, another because it is impious, another because it is dishonest; it cannot be said without contradicting St. Paul, that every one is not bound in conscience to obey. If it would please God to open the eyes of many, to bring to passe that this Doctrine as it is true and Christian, so it might be taught; and the contrary as pernicious should be confuted, innumerable inconveni­ences would cease, which wee doe now see daily: Because if there be some in the World who doe worke for the love of honesty, the great number of the rest is divided into two sorts. The one sort are they who doe well for feare of spirituall punishments, and the other for feare of temporall punishments. When spirituall feare is taken away, their obedience is lost who thinke that they shall lye concea­led, and shall through favour and other meanes, hinder and eschew the punishment: And those also which doe make no account of it, which both put together doe make a great number. On the other side let us behold, how easily some are brought to obedience, through a spirituall feare. Since God then hath given the Prince these two meanes to cause him to bee obeyed, vid. for feare of temporall punishments, and for conscience sake; for so St. Paul teacheth, it were a great losse to forgoe the second of these meanes, which is not least necessary, with letting the contrary bee spread abroad contra­ry to Catholicke Doctrine.

Recapitulating then the heads gathered in this matter of bookes, they will be ten. The first that those which are contained in the In­dex of the yeare 1595. what cause soever they are prohibited for, the Princes consent having bin to it, are alwayes to be held for such. The second, that for the time to come no prohibition bee suffered, what clause soever there be in it; although it bee with censure, if it be not admitted by publicke authority as it was agreed. The third, that if the Ecclesiasticall shall desire the publicke consent, for pro­hibition of bookes which treate of matters of Faith, so they con­taine [...], their proposition being verified shall be agreed unto. The fourth that heede shall be alwayes taken, that under pretence of Religion, Christian Doctrine be not forbidden, which defends [Page 83] temporall authority. The fifth, that it shall not bee granted to the Inquisitor to prohibit bookes for any other cause but onely of Here­sie, but if any behad for any other respects, it shall be prohibited by the Magistrate. The sixt, that books printed elsewhere, though approved by any one else, by what authority soever; if they be hurtfull to the Com­mon-wealth, they shall bee prohibited by the Secular Magistrate or by a publick Edict, according to the occasion. The seventh, that in the printing againe of bookes heed be taken, that those things be not taken away which favour temporall power. The eight, that if any of those that are gelded, in which the Doctrine maintaining temporall po­wer is taken out, be new printed, they shall be printed againe accor­ding to the old Coppies. The ninth, that if the Index of the yeare 1595, be new printed, care be taken that no new names be inserted. The tenth, that together with the same Index, the agreement be printed.

There remaines another poynt to be briefly touched in this matter which is not of so great importance, and yet such, as of it selfe merits some consideration. Which is, that the prohibition not being used with due moderation, is hurtfull to the sale of bookes, and to the Art of printing; for if a booke be printed which hath bin seene by the Inquisitor and the Bishop, and by them approved, yet if at Rome any thing be found though of small moment, not against Religion, for in such a matter nothing can be of small moment, but against somewhat touching the Court: which the Inquisitor hath not entred into, who granted the Licence. They prohibit the booke, to his losse who cau­sed the booke to be printed, and is in no fault having the Inquisitors approbation: and this disorder is frequent, and would be more fre­quent if they did not feare that upon the Booke-sellers complaints Princes would give eare unto it; for every Courtier to get credit sheweth himselfe carefull in marking the prejudices of the Court, and also the shadowes of them, not onely in bookes printed out of Italy, but in them also which are approved by the Inquisition, and even in them which are printed in Rome it selfe. It were just that if any thing were found contrary to Religion, in a booke printed with approbation, the charges should be paid by him that hath ap­proved it, since the Booke-seller is not in fault. But if any thing bee found which for its owne proper respects is displeasing to the Court, it seemeth not reasonable that a prohibition should be granted, which seemeth also to be so resolved on by the agreement of the yeare 1595. when it saith, that for the time to come no bookes be prohibited but forraigne ones, or printed without Licence, or with false Licence, [Page 84] although such words might be cavilled upon, because they have made no exception of Religion: but the agreement beeing Construed in this Sence, cannot chuse but bee Commen­ded.

The Exposition of the 30. and 31. Chapters.

THe thirtieth and one and thirtieth Chapters which speake of Secular Arts, and of Artificers faults, can never bee too exactly observed. Every well ordered Common-wealth when some cruell kinde of offence ariseth, doth make a Magistrate a purpose to take notice of that onely, that the care of other things may not divert him. For this cause, in the Christian Common-wealth, was the of­fice of the Inquisition appointed, which should tend onely to the roo­ting out of Heresie. It is most naturall for every one who hath the universall jurisdiction to put over many things to him that hath the particular jurisdiction, or suffer him to usurpe it, and it useth to be easi­ly done, because of the great power that is given him, and because that he who hath the universall jurisdiction, employed in many busi­nesses, sometimes doth not give heede, and sometimes (if he he not a man of good knowledge) thinkes that it is a helping of him, so that he doth not onely not withstand the inconvenience, but doth favour it. A cause not belonging to him that hath the particular jurisdicti­on, being once taken, serves for example to take it the second time, and from divers times a Custome is framed, which afterwards serves for a Law, and cannot be taken away without many difficulties, and the universall jurisdiction comes to be diminished, and the way is ope­ned to the disturbing of the government. By these wayes and occa­sions the Inquisitors against Heresie have not onely strived to draw divers other causes to their Office, but also to appropriate unto themselves the government of the trade of Bookes, and to command [Page 85] divers others alleadging therefore two kindes of reasons: The one is, that they doe not command any new thing, and that which without their command ought to bee done; for if they doe en­joyne the Butcher that he shall not sell flesh in Lent, hee is bound without that to not sell it; so that the command ement is an admoni­shing them of their duties. So likewise they say that they doe not cause such persons to sweare any thing, but what they are bound to doe. For if they cause Booke-sellers to sweare that they will not sell prohibited Books, they are already tyde to doe it; so there is nothing done but to adde a greater provocation to performe their owne du­ties. But this reason is cavillous, it being one thing to warne one of his duty, and another to command it him. The Preacher and the Confessor doe admonish, without usurping others authority, because they impose no penalty, nor use any meanes to make them obey; this is onely a teaching which is not joyned with constraining. That commanding which carryeth in consequence a revenge against the disobeyer, although it bee a thing which is due to be done, yet is it an act of superiority and jurisdiction, which not being granted to the Inquisitors, but onely in case of Heresie, which they cannot doe it, without usurping the universall jurisdiction. So to constrain one to sweare a thing, although it be to be done, is also an act of supe­riority, though without the oath it ought for to be done. The o­ther reason which they most frequently use, is yet more cavillous; They say that the judging of Heresies, bringeth by necessary conse­quence all things annexed or depending of it, and that they doo not pretend to command any, nor cause them to sweare nor pu­nish, but onely in things conjoyned with Heresie: because that He­resies are taught in Bookes, it is necessary for them to command Booke-sellers and others, through the hands of whom Bookes doe passe, and punish them which doe against it. In all these particulars it is most plaine to perceive what is just: Without doubt, to whom the judgement of a thing is committed, to him is also granted all which is joyned to it, so that it cannot be severed. Wherefore all which in such manner is joyned with Heresie, ought to bee judged by the Inquisition, but that which of it owne nature is se­verall, and may severally bee judged, although by some farre fetcht Consequence it might be joyned; in this manner every offence, yea, and every action might bee joyned with Heresie.

[Page 86] As for the matter of Bookes, those alone which containe Heresie, are subject to that Office, and those booke-sellers which doe keepe or sell any, and these ought to be punished by the Inquisition: it doth not follow therefore that the Inquisitor may burthen Booke-sellers with receiving of visites, to make Inventaries, to receive Licences, to sell from them; and such orders as they often attempt to make: Likewise to eate forbidden foode at forbidden times, is an evidence of an evill conceite in matters of Faith, and other circumstances which are thereunto adjoyned, and the Office proceeds against him that is accused; but he hath nothing to doe with it that sels the food or dresses it, because that it is to be supposed that these doe it for their gaine. But because the desire of gaine is so unruled, that oftentimes exceeding, it doth induce men to commit things against honesty, if any one should sell in such manner as that it should provoke to evill, or should cause any other scandall, this is not joyned with Heresie. The Magistrate without speaking of Faith, or of Doctrine, may punish the fault, and give such order as shall be necessary for the preservati­on of honest, and of religious living; and according to the honour of the City▪ Wherein the Inquisition may also practise her good zeale, in shewing the Magistrate the inconveniences which it sees, and shewing them the remedy, and procuring also the punishment of offenders: but by the meanes of the ordinary Justice, to whom a­lone it belongeth.

The Exposition of the two and thirtieth Chapter.

AS for the two and thirtieth Chapter, that it shall not bee per­mitted to the Inquisition to make any monitories against a Commonalty, nor against the Iudge in that which concernes mini­string of Justice: the reason is cleare, because Heresie is a Personall offence; all those which are of a Commonalty may be Hereticks and suspected, but the Commonalty never. Wherefore if they treate of offence, they ought not to proceed but against the persons imputed in particular; and if ordinances, or orders which have bin taken bee treated of, the power of the Inquisition doth not stretch it selfe over them, but onely by meanes of the Prince his representant, who hath authority from the Prince to command. Likewise the Iudge for his private actions or words may be suspected, for Heresie, but never for that which he doth in ministring of Iustice, it not being possible for [Page 87] him in that to fall into Heresie, whereby his judiciall actions should become subject to the Inquisition, but they remaine subject to his su­perior, and finally to the Prince: So that if by any of them the office of the Inquisition should be hindred, the Inquisitor can doe no more but by the meanes of the publicke representant take away the lets; As if the Inquisitor should call one either as an offender, or as a wit­nesse who were by the Iudge stayed for a surety, or in any other man­ner the Inquisitor must not be suffered to make a monitory to the Iudge that hee may be released, but that shall be the office of the supe­rior Magistrate; the like is of any other judiciall act. vid. to cite, to suspend, or revoke, to not give way of proceeding to the Inquisition.

The Exposition of the three and thirtieth Chapter.

AS touching the three and thirtieth Chapter, which treateth of the Edict. It was an ancient custome that when the office of Inquisition was newly setled in some place, they published first an Edict called of Grace, inviting within a certaine time every here­ticke to repentance, promising pardon; which time being past, they published another Edict called of Iustice, where all were warned who had any notice of any Hereticke, for to denounce him: This matter in our age hath been divers wayes proceeded in. Some In­quisitors when they have beene deputed into places where the Inqui­sition is already established, have made these two Edicts at their comming into their Office, but this hath hapned but seldome. Others have made the second of Iustice onely: and others have repeated it also many times besides the first, and that was done for to adde some new thing which the accidents might bring along with them. If any Inquisitor should have a minde to publish the Edict of Grace, hee neede not be forbidden it, for it cannot prejudice temporall autho­rity, nor be burthensome to the subject: onely one ought to take heede concerning the Edict of Iustice, for oftentimes they doe at­tempt to insert therein some commands to Booke-sellers, Hosts, or letters of Chambers; and they cover themselves with saying, that it serveth onely to advise them, which must not be permitted them, be­cause to advise by Edict, Proclamation, or affixion, are signes of supe­riority: and it is also a legall thing that he who warneth by Edict, may also punish the offenders. Wherefore if one will not grant them the punishing, they must not give them way to warne by Edict, in that particular where it nameth Hereticall blasphemers, it must bee all [Page 88] understood, as in the one and twentieth Chapter, and in that part which is against them who doe offend, the ministers of the Office the denouncers, or the witnesses, the adjoyned limitation must bee well marked, that is for deedes which concernes the said Office, be­cause an abuse should not be brought in, which hath bin often attemp­ted by the Inquisitors, that they might alone doe Justice against their owne Officers, and against any as have bin once examined in that Office, and punish all them who doe offend them for what cause soe­ver it be: for this clause for deeds which concerne that Office, doth remove all difficulties. If any one offend a Minister of that Office, he shall not be comprehended, but shall be Iudged in the ordinary Court, and because the case was assumed from the Inquisition, it must plaine­ly appeare, that the offence was done because of the office: and any one may likewise call the same Ministers into the ordinary Court for any other cause; and particularly for that cause which shall be unfol­ded in the nine and thirtieth Chapter.

The Exposition of the foure and thirtieth Chapter.

IT was wisely ordered by the most excellent Counsell of Ten, of cases happening in Castles or Villages, that they should be hand­led in the Cities, as in the 34. Chapter, for doing otherwise, the way was made to take away the assistance, if the Inquisitors might have gone, or might have sent into Villages, or Castles to frame Processes, for then they might have framed secret ones, and so have hit upon all those inconveniences which the Assistance prevents.

The Exposition of the five and thirtieth Chapter.

LIkewise the five and thirtieth Chapter was needfully ordained which serving onely to take away the competency of the Court amongst the representants, & being for the Inquisitors good, who may more commodiously deale in the place of his Residence, there needs no other consideration.

The Exposition of the thirty sixe and thirty seven Chapter.

VPon the sixe and seven and thirtieth, there needeth likewise no more to be considered, since they are to give just punishment to the guilty, which can not be given by the Office, and it is so much the greater favour done to the faith, as the more severely that the stub­borne are punished.

The Exposition of the eight and thirtieth Chapter.

THe eight and thirtieth Chapter, which imposeth punishment on them who are cited, or examined in other places for Here­sie, if they retire themselves into this state, it is not to bee supposed for the offence, because that the examined or cited in other places might be punished with other punishments: and there­fore in the order it reserved to the Inquisittion, to give him also o­ther punishment. The Inquisitors use to advertise one another when those that are examined by them, are to goe into some other place. Wherefore if any that hath bin [...]amined or cited elsewhere, should happen into this state, the Inquisitor of this place would be informed of it, & the office would Decree that he should be retained, to which the representant should agree, then the office ought to provide accor­ding to the tenure of the 16. Chapter. vid. sending of the Evidences to the Inquisition of that City where the party is in prison, which should proceed and come to the execution of the cause, whence would follow that either the accused person would be freed, or re­ceive deserved punishment, but which soever of the two should hap­pen, the publick will is, that such a one be punished with imprison­ment and banishment, onely for comming hither, knowing himselfe to be examined: and this Ordinance is good to keepe it still alive, be­cause it sheweth the pious Government of this renowned Common-wealth, which will purge their State not onely of Hereticks, but al­so of such as are suspected or discovered, & will take away the thought and all hope from any suspected person, of expecting any better con­dition in this State than else where.

The Exposition of the last Chapter.

THe last Chapter of Calumniators and false witnesses, is of great consideration, not so much to maintaine the proper jurisdiction, nor taking away that which belongs to others, as for the defence, & protection of the subjects, which being granted by God to the Prince, when he suffereth them to be oppressed without justice, he grievously offends the Divine Majesty. It is an ordinary custome of the Office of Heresie to punish very seldome times calumniators or false witnesses, but excuse them upon any the least seemingnesse that they can shew them, moved by a good intention, saying that it ought not to be sup­posed that in matters of faith a Christian be moved for any bad end, [Page 90] and if that they cannot avoyde the punishing of some, they do it with very slight punishments, and they are spirituall, that so other affrigh­ted by the punishment of these, might not feare to renounce, or to testifie. For thence it would follow, that many things would bee concealed which are discovered, doing great service to the Faith, which ought to bee preferred to the punishment of them although they deserved it. Whether this caution bee just or no, is a matter which must now be left out, and onely consider that it is a great lightning and comfort to a wretch, that seeth himselfe calumnia­ted, when there remaineth a way to-rele [...] himselfe, with the pu­nishment of the calumniators, and [...]alse witne [...] in other Courts, since that in th [...] they doe not use it. The Inquisitors would not have the accused who have bin calumniated by no meanes have power to have recourse to any other Tribunall, and so they write in their bookes, alleadging for reason, that the injury is done to that Tribu­nall, to which that falsary hath not borne respect; and therefore it ought to be judged by it, and that it cannot bee judged but onely by a processe framed in that Office, which is not just that it should be remitted to other Courts: But contrariwise, other Doctors doe hold that calumny and false witnesse being no Heresie, doth not be­long to the Inquisition, but unto the ordinary superior Court of the calumniator, or of the false witnesse, and especially because these ought rather to be punished with temporall punishments, of cutting off the Tongue or the head, than by the Inquisition. Other more dis­creet Lawyers approving the reasons on both sides, distinguish, that the calumny or falsity, may either appeare out of the Processe framed in the Office of the Inquisition, without any new framing; as when the witnesse (which happeneth often) goeth of himselfe to revoke his saying, & to aske pardon; & in other like, which do notoriously appeare by the onely sight of the Processe, and in this case the judgement be­longs to the Inquisition, and the Inquisitors reasons doe prevaile. But if out of that Processe the calumny cannot appeare, and there be neede of new instance and Processe, either by complaint, or by office, the judgement belongs to the ordinary Court: which is effectually pro­ved by the reasons alleaged by the contrary part, because that calumny & falsity are not Heresie, nor Ecclesiasticall offences, but meerely Secu­lar: neither is there any neede of seeing the first Processe, because it is proceeded in with other instance, and other Processe. This advice as well grounded, and without interest, ought to be put in practices.