**^ 
 
 GCCL 
 
THE 
 
 RIGHTS 
 
 O    F 
 
 SOVEREIGNS 
 
 AND 
 
 SUBJECTS. 
 
 By  Father  Paul  the  Venetian 3    Author  of 
 The  Hiftory  of  the  Council  of  Trent, 
 
 Tranflated  from  the  Italian^  and  compared  with 
 the  French.  ^  *** 
 
 ^;"\> ** 
 
 To  which  is  pref^d  the 
 T   TT7T7      ^     /     li 
 
 LIFE  of  the  Author, 
 
 AND     AN 
 
 Account  of  his  Writings. 
 
 LONDON: 
 
 Printed  for  J.  G  R  av  e  s  in  St.  James's-Jlreet,  C.  King 
 in  Weftmwftev-Hall,  W-  Meadows  in  Cambili. 
 and  J.  H  o  o  k  e  in  Fketftreet.    M  DCC  XXII. 
 
To  the  Right  Honourable 
 
 Sir  PETER    KING  Kù 
 
 Lord  Chief  Justice 
 of     THE 
 
 COMMON-PLEAS) 
 
 And  One  of  His  Majest  irjj 
 
 Mod  Honourable  Privy-Council 
 
 My  Lord, 
 
 OOKS,  according  to  the 
 
 obiervation  of  the  famous 
 
 Lord  Verulam,  ought  to 
 
 have   for   their    patrons 
 
 Truth  and  Reason.  Thefearetwo 
 
 X  %  fuch 
 
DEDICATION. 
 
 fuch  eftablifh'd  qualities  ih  the  wri- 
 tings of  Father  P  a  u  l  the  Venetian, 
 that  I  may  venture  to  affirm,  no 
 Popijh  writer  ever  had  a  more  favour- 
 able reception  in  the  libraries  of  the 
 moft  diftinguifh'd  Proteftants,  whe- 
 ther for  learning,  virtue,  or  titles  ;  in- 
 fomuch  that  tho'  the  tranflators  of  that 
 learned  Frier's  compofitions  have, 
 notwithftanding  all  their  correóhiefs, 
 been  oblig'd  to  own  how  far  they 
 have  fallen  fhort  of  the  dignity  of 
 his  fublime  originals,  yet  they  have 
 been  honoured  with  the  patronage  of 
 fome  of  the  moft  illuftrious  advo- 
 cates for  the  reformation. 
 
 Being  equally  confcious,  my  Lord, 
 of  my  own  deficiency  in  this  re- 
 fpeót,  I  prefumed  to  beg  your  Lord- 
 fhip  to  allow  me  to  infcribe  the  fol- 
 lowing translation  to  your  great 
 name;  and  in  the  humbled  (cnfc  of 
 
 duty 
 
DEDICATION. 
 
 duty  and  gratitude  for  your  indul- 
 ging me  that  honour,  I  take  this  op- 
 portunity  of  your  Lordfhip's  vaca- 
 tion from  the  more  momentous 
 affairs  of  fiate,  to  fubmit  it  to  your 
 kind  protection  and  mofl  favourable 
 conftruótion.  :r 
 
 The  excellent  author  of  it,  tho* 
 one  of  the  brighteft  ornaments  of 
 the  Church  of  Rome,  was  fo  much 
 hated  by  the  Pope  and  his  Cour- 
 tiers, that  they  not  only  tradue'd 
 him  as  a  heretic,  but  martyr'd  him 
 in  effigie,  and  even  employed  cut- 
 throats to  take  away  his  life  ;  which 
 made  the  good  Father  fay  more 
 than  once ,  That  tbofe  who  fet  them 
 at  zvork,  zvould  find  him  a  more  for- 
 midable adversary  after  he  was  dead, 
 than  ever  he  was  whilft  living)  a  fay- 
 ing, my  L  o  r  d,  fully  verify'd  in  the 
 enfuins;  treatife. 
 
 I  take 
 
DEDICATION. 
 
 I  take  leave  to,  obferve  to  your 
 Lordfhip,  that  Father  Paul  having 
 Composed  it  to  take  off  the  panic  of 
 the  Venetians,  under  the  excommu- 
 nication and  interdict  which  was  laid 
 upon  them  by  the  Pope,  intitled  it, 
 The  Comfort  of  the  Mind  in  the  good 
 Confcience  and  Conduct  of  the  Ve- 
 netians, under  the  pretended  Interdici 
 of  Top  Paul  V  j  but  the  author  ha- 
 ving a  general  view  at  the  lame  time 
 to  fortify  all  chriftian  Princes  and 
 States  with  fuch  arguments  again  ft 
 the  ufurpations  of  ambitious  ecclefi- 
 aftics,  as  are  calculated  forali  meri- 
 dians, proteftant  as  well  as  popiflr, 
 the  title  of  The  Rights  of  Sovereigns 
 and  Subjects  was  deem'd  more  ex- 
 preffive  of  its  defign,  and  more  fuit- 
 able  for  an  Bnglifh  tranflation. 
 
 As  daily  experience  fhews  how 
 well  your  Lordfhip  is  vers'd  in  the 
 
 rights 
 
DEDICATION. 
 
 ricrhts  both  of  Sovereigns  and  Sub- 
 jects, fo  that  profound  knowledge 
 voii  have  difcover'd  of  the  fcriptures 
 and  the  fathers,  as  well  as  of  the  laws 
 of  the  realm,  when  thofe  rights  have 
 caird  for  your  defence,  demonticate 
 that  you  have  the  abilities  both  of  a 
 lawyer  and  a  divine.  Father  Paul 
 too  made  fuch  a  noble  ftand  under 
 both  thofe  characters,  for  the  liber- 
 ties of  his  country,  that  his  memory 
 mud  needs  be  grateful  to  your  Lord- 
 lhip  upon  that  particular  account,  as 
 well  as  for  his  vafHearning,  wifdom, 
 integrity,  and  moderation  ;  virtues 
 which  are  fo  refplendent  in  your 
 Lordflnp,  that  they  cannot  but  na- 
 turally incline  you  to  have  a  more 
 than  ordinary  efteem  for  all  perfons 
 adorn'd  with  thofe  amiable  qualities. 
 My  Lord,  I  beg  pardon  for  ta- 
 king up  fo  much  of  your  time  )  but 
 
 the 
 
DEDICATION. 
 
 the  entrance  of  the  new  year  puts  mc 
 in  mind  that  I  am  obliged  by  duty, 
 as  I  am  fway'd  by  inclination,  not  to 
 conclude  without  wifhing  you  the 
 happy  enjoyment  of  this  and  many 
 more  to  come.  Whether  fuch  a  wifh  in 
 itfelf  may  be  agreeable  to  your  Lord- 
 fhip  I  know  not;  but  if  it  be  a  fault, 
 'tis  what  every  one  is  guilty  of  Avho 
 willies  well  to  his  country.  And  of 
 this  number  I  take  leave  to  fubferibe 
 my  felf, 
 
 Tour  Lordfiitfs 
 
 Mofi  devoted, 
 
 Mofi  obedient \  and 
 
 Mofi  humble  Servant, 
 
THE 
 
 P  REFACE. 
 
 HE  boo/',  zvhich  is  here  presented  to 
 the  reader,  was  fir  ft  publifJoed  this  year 
 at  the  Hague,  by  M.  Scheurleer,  both 
 in  the  Italian  and  French  languages, 
 and  by 'him  dedicated  to  M.  Maurice  le  Leu 
 de  Wilhem,  lord  of  Waelwyck,  eldeft  pre- 
 fident  of  the  fwereign  Council,  and  of  the  feodal 
 court  of  Brabant,  at  the  Hague  ;  a  perfonage  of 
 an  illuftrwus  family,  of  an  eftablified  character 
 for  his  knowledge  and  love  of  the  Belles  Lettres, 
 and  of  undoubted  probity  and  candour. 
 
 Thefe  reafons,  added  to  thefingular  veneration 
 which  both  this  gentleman,  and  his  honourable  fa- 
 ther always  paid  to  the  memory  of  Father  Paul 
 and  his  writings,  were  what  principally  determi- 
 ned the  bookfeller  to  make  choice  of  fo  eminent  a 
 nam  to  patronize,  and  protect  his  book,  againft 
 the- clamour  that  might  naturally  be  expeffed  from 
 the  Romifh  clergy,  on  feeing  a  hook  of  this  kind, 
 t a  compofed 
 
ii      The    P  K  E  £  A  C  E. 
 
 tompofed  by  one  of  the  greatefi  men  of  their  com- 
 munion^  firft  publifloed  looy ears  after  the  au- 
 thors deaths  in  a  country  which  paffes  with  tke 
 court  of  Rome  for  a  land  of  herefy. 
 
 in  order  to  remove  all  manner  of  doubts  of  the 
 book's  being  authentic ,  M.  Scheurleer  the  book- 
 feller  obferyes,  that  his  learned  patron  was  fo 
 thoroughly  acquainted  with  the  Father'/  ftile^ 
 and  way  of  writing,  that  he  could  not  poffibly 
 be  impofed  upon  in  this  refpeff  ;  and  his  French 
 tranflator  fatisfies  the  zvorld  how  he  came  by  the 
 original  Italian  manufcript,  from  which  he  print- 
 ed it\  and  why  it  faw  the  light  no  fooner. 
 
 To  take  off  the  reader  s  wonder  why  a  manu- 
 fcript  of  fetch  importance  to  all  the  fever  eigns  in 
 chnftendoin  was  fuffcrd  to  lie  fo  long  dormant, 
 the  tranflator  obferves,  that  it  was  the  authors 
 own  dejire  it  JJjould  be  confined  to  the  archives 
 nf  Venice,  for  the  fole  and  proper  ufe  of  the  go- 
 vernment under  which  he  was  born,  whenever 
 they  jioould  have  occafion,  as  they  had  then,  to 
 withfiand  the  ufurpations  and  incroachnents  of 
 the  neighbouring  court  of  Rome.  And  in  con* 
 firmation  of  this,  he  takes  notice  of  the  Father  s 
 own  words  {page  3)  where  he  fays  :  I  muft 
 own  however, that  as  much  as  I  defire  to  com- 
 fort all  ranks  alike,  yet  I  don't  think  it  proper 
 that  every  thing  I  have  to  fay  on  this  head 
 fhould  be  publifeed,  becaufe  the  prince  and 
 the  fubjetì:  cannot  help  thinking  differently  on 
 
 affairs  of  this  kind For  this  reafon  I  could 
 
 wife  that  thefefew  advices  might  be  fet  apart, 
 
 like 
 
The    PREFACE.         iii 
 
 like  a  prince's  private  treafury,  for  their  fer- 
 vice  only  who  are  at  the  head  of  affairs.  Your 
 lordfliips  can  make  a  proper  ufe  and  improve- 
 ment of  them  in  due  time  and  place  ;  but  the 
 common  people,  like  a  mans  taking  phyfic in 
 a  fit  of  the  ague,  would  weaken  their  confti- 
 tution  inftead  of  mending  it. 
 
 The  moft  illufirious  lords  inquifitors  of  the  fiate, 
 of  Venice,  to  whom  Father  Paul  dedicated  this 
 work  in  1 606,  thought  his  r  eque  fi  [0  jufi,  and 
 hit  arguments  for  it  fo  rational,  that  they  made 
 no  fcruple  to  comply  with  it,  and  were  content  to 
 fight  with  his  weapons  againft  all  attacks  that 
 were  made  upon  their  Rights  of  Sovereignty, 
 without  letting  either  their  friends  or  enemies 
 know  from  what  armory  they  took  them. 
 
 The  French  translator  proceeds  in  the  next 
 place  to  give  fonie  account  how  M.  Scheurleer 
 came  to  be  mafier  of  fitch  a  fecret  and  valuable 
 copy.  He  does  not  make  fo  full  a  difcovery  as 
 fome  perhaps  would  expeti ,  for  fear,  among 
 other  reafons,  of  offending  and  prejudicing  cer- 
 tain perfons,  to  whom  he  owns  him  f elf  obliged 
 for  it.  Therefore  he  hopes  he  need  (ay  no  more, 
 than  that  a  certain  (namelefs)  Gentleman  brought 
 the  copy  of  the  Father's  manufcript  from  Venice, 
 and  pit  it  into  the  bookfellcrs  hands,  and  that  the 
 original  ftill  remains  entire  in  the  [mates  library, 
 to  be  confulted  by  thofe  that  may  happen  to  have 
 any  doubts  concerning  the gcauinenej s  of  the  copy. 
 However,  there  are  thefe  farther  circumfiances, 
 for  the  fat  isf act  ion  of  fuch  as  are  not  acquainted 
 
 *  a  2  with 
 
iv        The    PREFACE. 
 
 with  the  Father*;  ftile,  viz.  that  when  the  Sieur 
 Scheurleer  was  about  to  print  the  [aid  copy,  he 
 apply  d  tofane  per  fens  of  rank  and  learnings  who 
 he  thought  might  be  capable  of  giving  him  fome 
 UgU  as  to  the  authority  of  his  copy  j  and  that 
 when  they  had  feen  the  title  and  the  heads  of 
 the  chatter s,  and  perufed  fonte  of  their  contents, 
 they  affurd  him  that  it  was  really  a  copy  of  Fa- 
 ther Paul'/  manufcript,  and  that  they  wonder  d 
 how  he  came  by  it,  fince  they  thevif  elves  had  feen 
 th  ?  original,  and  done  all  they  could  to  get  a  copy 
 of  it  when  they  were  upon  the  fpot,  but  in  vain  ; 
 fo  that  after  giving  the  work  its  due  Encomia, 
 they  conjured  him  to  withhold  it  from  the  public  no 
 longer.  'The  French  tranjlator  adds,  that  juft  as 
 this  book  came  out  of  the  prefs,  he  was  well  in- 
 formed there  was  another  copy  of  the  fame  origi- 
 nal mannfeript  in  the  library  of  a  certain  per  fon, 
 illuflriomby  his  birth,his  pofls,andbyhis  love  for  the 
 Belles  Lettres.  He  wijbeshe  were  at  liberty  to 
 mention  him^  and  other  per  fens, whofe  names  alone 
 would  be  fujpeient  to  remove  all  doubt  of  its  being 
 an  authentic  copy,  hut  he  fays  a  world  of  reafons 
 conftrain  him  to  filence.  tor  the  refi,  fays  he, 
 \uch  as  have  read  him  in  any  of  thofe  different 
 '  languages  into  which  his  works  have  been  tran- 
 flated,  will  know  that  this  is  Father  PaulV  trea- 
 tife  from  the  beginning  to  the  end. 
 
 What  gave  occafion  to  the  Father  to  compofe 
 it  Was  this.  -   ' 
 
 Tope 
 
The    PREFACE         v 
 
 Pope  Paul  V,  according  to  the  character  given 
 of  him  in  the  Lives  of  the  Popes,  was  fo  zea- 
 lous, even  before  his  advancement  to  the  chair y 
 for  the  ecclefiaftical  liberties  and  immunities,  thai 
 he  bore  a  mortal  hatred  to  fuch  as  oppofed  the 
 licentioufnefs  of  the  clergy,  and  maintained  the 
 Rights  of  Sovereigns  againft  their  ufurpations. 
 No  wonder  therefore  that  he  carne  to  the  chair 
 with  fuch  an  implacable  grudge  againft  the  re- 
 public of  Venice,  which  then  made  a  nobler 
 ftandfor  f 2>i 'Rights  of  Sovereignty  than  all  the 
 other  pince s  and  fiate s  in  the  world.  This  Pope 
 was  fear  ce  warm  in  his  chair,  but  he  fought  to 
 pick  a  quarrel  with  the  moflferene  republic,  accu- 
 fing  them  of  having  invaded  the  authority  of  the 
 Church  and  the  holy  See,  on  three  Accounts,  i. 
 By  òppofing  the  foundation  of  f acred  places,  and 
 the  exorbitant  grants  made  to  monafteries  and 
 other  churches.  2.  By  fubmitting  ecclefiaftical 
 eft  ate  s  to  alienation  by  long  leafes  :  And,  3.  By 
 affuming  aright  to  judge  ecclefiaftics  in  caufes  civil 
 and  criminal. 
 
 The  republic,  in  an  anfwer  to  thefe  complaints^ 
 Jhew'd  that  they  were  entirely groundlefs  ;  which 
 land  of  refiftancè  was  enough  to  inflame  the 
 Pope's  choler,  fo  that  he  iffued  out  a  formal  ex- 
 communication, together  with  an  inter ditt,  againft 
 the  doge  and  fenate,  which  was  difpatcVd  April 
 17,1606,  and  gave  occafion  to  this  treatife,  at 
 the  End  of  which  the  reader  will  find  the  fad 
 bull  inferted.  Father  Paul  quickly  perceived  the 
 '    '  :  /  confter- 
 
vi        The    P  R  E  F  A  C  E. 
 
 confter  nation  with  which  the  faidfentence  had 
 filled  the  minds  not  only  of  the  honeft  burghers, 
 hut  alfo  of  fonie  noble  perfonages  who  were  at  the 
 helm  of  government  ;  therefore  he  thought  it  his 
 duty  as  a  patriot,  as  a  divine,  and  as  a  counfellor 
 to  the  commonwealth,  to  diffidate  that  ground- 
 lefs  terror,  by  drawing  an  exatt  -parallel  between 
 the  pontifical  authority  and  the  refpeffive  Rights 
 of  Sovereigns. 
 
 All  the  gnat  lawyers  and  divines  took  up 
 the  cudgels  -,  and,  as  Father  Paul  fays,  an  army 
 of  writers  were  got  into  the  field  before  the 
 month  of  Auguft. 
 
 Seignior  Antonio  Quirini,  a  fenator,  was  one 
 af  the  firfi  that  came  out  with  a  learned  Dif- 
 fertation  on  the  Rights  of  the  moft  ferene 
 Republic  ;  and  at  the  fame  time  our  Father 
 Paul  publijhed  a  trenti fe  entitled,  Considerations 
 on  the  Cenfures  of.  his  Holinefs  Paul  V 
 againft  the  Republic  of  Venice.  Then  he,  was 
 concerned  with  fix  other,  eminent  divines  of  Ve- 
 nice, in  compofing  a  Treatife  on  the  Interdict, 
 which  at  that  time  made  fo  great  a  noife. 
 Two  anonymous  civilians  joined  iffue  with  thofe 
 iHuflrious  writers,  and  publiJJoed  a  curious  and 
 learned  Letter,  addrefs'd  to  the  Pope,  in  which 
 they  demonftrated  the  nullity  of  his  brief  of  ex- 
 communication, and  the  in)uftice  of  his  violent 
 conduct.  John  Marfilli,  a  Neapolitan  prieft, 
 and  dottor  of  divinity,  entered  the  lifts  alfo  by 
 the  publication  of  an  anonymom  letter,  entitled, 
 
 The 
 
The    PREFACE.      vii 
 
 The  Anfwer  of  a  Do&or  to  a  Letter  from 
 his  Friend  upon  the  Cenfures,  (jc.  The  fa- 
 mous cardinal  Bellarmin  attacked  him,  but 
 met  with  his  match  ;  for  after  he  had  anfwer- 
 ed  the  doctors  arguments  with  all  the  bitterneft 
 in  his  nature,  the  doi'tor  repelled  his  fophifms, 
 not  by  invettive?,  but  by  folia  arguments,  in  an 
 a?ifwer  zvhich  he  wrote,  entitled,  The  De- 
 fence of  John  Marfillfs  Anfwer  to  eight  Pro- 
 pofitions,  (jc.  Then  an  extract  was  pub- 
 lified  of  the  famous  Gerfon'x  fenxhnents,  touch- 
 ing the  Validity  of  Excommunications,  which 
 feems  to  have  been  done  by  Father  Paul  ;  for, 
 befides  its  being  found  in  the  catalogue  of 
 his  works,  he  did  not  fuffer  cardinal  Bellar- 
 min to  attack  it  in  his  ufual  ft  He  with  impu- 
 nity, but  vigor oufly  undertook  the  defence  of 
 it,  though  always  with  moderation,  and  an- 
 fwered  the  propofitions  of  that  fplenetic  cardi- 
 nal againfi  the  fentiments  of  Gerfon,  that  fa- 
 mous oracle  of  the  umverfiy  of  Paris,  ana  of 
 the  Gallican  Church.  This  anfwer  is  to  be 
 met  with  in  the  feco?id  tome  of  his  works,  and 
 is  entitled,  An  Apology  againfi  the  Objections 
 of  Cardinal  Bellarmin. 
 
 Thefe  zvere  the  principal  tratts  which  zvere 
 pttblijhed  on  account  of  the  faid  bull.  There 
 were  a  great  many  other  fmall  pieces  which 
 made  little  or  no  iioife,  and  were  distributed 
 among  the  vulgar,    to  give  eafe  to  fuch  co?i- 
 
 fiences 
 
viii      The    PREFACE. 
 
 fciences  as  the  conduti  of  certain  monks,  and 
 efpecially  the  jefuits,  had  frightened  almoft  into 
 defpair  of  fahation. 
 
 Whoever  reads  the  pieces  above  mentioned^ 
 will  find  that  this,  now  publifhed  for  the  firfi 
 time  in  England,  not  only  includes,  but  excclli 
 them  all. 
 
THE 
 
 LIFE 
 
 O  F 
 
 Father    PAUL 
 
 HTHE  chief  materials  for  thk  great  mans  life 
 •*-  are  extrattedfrom  the  account  ghen  of  him  by 
 his  conftant  friend  and  companion  father  Fulgen- 
 tio ,  which  has  been  printed  and  reprinted  in 
 Italian,  and  other  foreign  languages  ;  but  the  only 
 Englifh.  tranflation  we  ha^e  of  it,  is  that  prefix  d 
 by  Sir  H.  Brent  to  Father  Paul'/  Hiftory  of  the 
 Council  of  Trent,  the  fame  word  for  word  with 
 that  incorreff,  unintelligible  edition  printed  at 
 London  in  165 1,  which  the  per  fon  of  quality 
 himfelfthattranjlatedit  owned  to  be  obfcurey  by 
 too  ciofely  perfuing  the  literal  fenfe  of  the  Italian, 
 and  thereby  confounding  the  idioms  of  both  lan- 
 guages, which  is  a  fault  that  the  tranflator  of  this 
 work  has  carefully  avoided* 
 
 Ather  Paul  was  born  at  Venice  on  the  14th 
 of  Augufi,  anno  1552»     His  father  was 
 Fraucejcv  di  Pietro  Sarpt,  originally  of  the 
 province  of  Friuli,  who,  tho?  of  a  war* 
 like  temper,  followed   merchandize  in  that  city, 
 
 *  and 
 
ii  The  LIFE  of 
 
 and  traded  to  the  Levant  ;  but  had  fuch  ill  fuccefs,  as 
 reduced  him  to  a  low  condition.  His  mother  was 
 Ifabella  Morelli  (of  an  honeft  family  in  Venice)  who, 
 after  her  husband's  death ,  put  on  a  religious  habit, 
 was  famous  for  her  principles  of  religion,  and  ex- 
 traordinary piety,  and  dy'd  of  the  contagion  in 
 the  year  1576. 
 
 She  left  only  this  fon  and  a  daughter,  who  were 
 both  taken  care  of  by  their  mother's  brother,  Am- 
 brofio  Morelli,  a  titular  priefl  of  the  collegiate  con- 
 vent of  St.  Hermagoray  who  taught  grammar  and 
 rhetoric  to  feveral  noblemen's  children,  afterwards 
 able  fenators  ;  and  was  fo  fuccefsful  with  his  nephew 
 in  particular,  that  he  foon  became  a  mighty  pro- 
 ficient in,  and  mailer  of  the  more  folid  arts  and 
 nobler  ftudies  of  logic  and  philofophy. 
 
 He  had  what  is  very  rarely  known  in  one  and 
 the  fame  perfon,  a  great  memory  and  a  profound 
 judgment,  both  which  his  uncle  took  care  to  apply 
 to  their  proper  exercife.  He  manag'd  his  judgment, 
 by  keeping  him  to  continual  compofings  with  more 
 flrictnefs  perhaps  than  was  convenient  for  his  child- 
 hood, and  weak  conftitution  ;  and  he  exercifed  his 
 memory,  not  only  by  forcing  him  to  repeat  many 
 things  by  heart,  but  fome  upon  the  very  firfl 
 hearing.  The  fathers  of  the  convent  admired  his 
 uncommon  thirft  after  learning,  and  reported  wonder- 
 ful things  of  his  memory  ;  but  he  told  them  his  uncle 
 had  never  made  him  repeat  more  than  thirty  verfes 
 out  of  Virgil,  or  any  other  claflic  poet,  at  a  time,  af- 
 ter one  curfory  reading.  He  made  fuch .  an  unex- 
 pected progrefs  in  philofophy ,  and  theology  too, 
 that  his  mailer  confefs'd  he  had  outran  his  abilities 
 to  teach  him  ;  for  he  maintained  arguments  with 
 fo  much  fubtiity  of  reafon,  that  his  tutor  was  often 
 forced  to  change  his  own  opinion.    He  began  alfo 
 
 in 
 
Father    P  AV  L. 
 
 Ill 
 
 in  his  childhood  to  learn  the  mathematics,  toge- 
 ther with  the  Greek  and  Hebrew  tongues,  from  emi- 
 nent matters  then  at  Venice. 
 
 By  continual  converfation  and  ftudy  with  them, 
 he  became  defirous  to  enter  into  the  order  of  Servi, 
 or  Servants  of  the  Virgin  Mary ,  a  religious  fociety 
 iniiituted  at  Florence  about  the  year  1232,  and  was 
 received  inro  the  Habit  on  the  iqtb  of  November 
 1566,  when  he  was  but  $4  years  of  age  ;  tho5  his 
 mother  and  his  uncle  opposed  it  all  they  could,  out 
 of  a  defire  to  make  him  a  prieft  of  their  convent. 
 
 Before  he  was  of  age,    he  was  fingled  out  in  a 
 public  afiembly  of  his  fociety,  that  met  ufuaily  for 
 preaching  and  difputations,    to  anfwer  and  defend 
 a  hundred  and  eighteen  of  the  moil:  difficult  propo- 
 rtions in  theology  or  philofophy,   which  he  perfor- 
 med with  wonderful  fuccck  and  applaufe,  infomuch 
 that  he  was  taken  notice  of  by  William  then  duke 
 of  Mantua,  2,  prince  of  profound  skill  in  the  fciences, 
 who  requefted  father  Paul's  fuperiors  to  let  him  en- 
 ter  into  the  fraternity  of  St.  Barnabas  of  Mantua, 
 and  honoured  him  with  the  title  of  his  chaplain,  a: 
 the  fame  time  that  the  bifhop  of  Mantua  made  him 
 lecturer  of  the  cathedral,   in  which  he  read  poiitive 
 divinity,  cafes  of  confeience,  and  the  facred  canons* 
 and  gave  fuch  extraordinary  content,  that  even  to  this 
 day  they  have  a  common  faying  at  Mantua,  non  ve- 
 nera  mai  un  fra  Paolo,    we  lhall  never  have  another 
 frier  Paul.    He  attained  here  to  a  greater  perfection 
 in  the  Hebrew  than  he  had  done  at  Venice.     His  at- 
 tendance at  court,  and  upon  the  duke,  made  hint 
 lee  the  neceffity  of  his  under/landing  hiftory ,    in 
 which  he  continued  fuch  a  couvCc  of  ftudy,    and 
 made  fuch  a  progrefs  as  can  fcarce  be  paralleled  ;  for 
 his  way  was  in  this,  as  well  as  in  ail  his  other  flu- 
 nks,   when  he  encountered  with  any  point  of  hif- 
 
 a  2  torv 
 
iv  The  LIFE  of 
 
 tory  or  learning,  or  any  problem  .or  theorem,  he 
 would  perfue  it  without  intermiffion ,  till,  by  eon- 
 fronting  of  authors,  places,  times  and  opinions,  he 
 had  feen  all  that  was  to  be  feen  on  the  fubjed,  and 
 was  fatisfy'd  how  far  the  knowledge  of  it  might  be 
 carry Jd.  He  was  fo  intent  and  indefatigable  in  his 
 ftudies,  that  tho*  he  us'd  to  fpend  eight  hours 
 a  day  in  his  clofet ,  yet  upon  a  new  thought  he 
 often  rofe  from  table,  and  even  from  his  bed  at  mid- 
 night ;  and  his  moll  intimate  friends  obferved ,  that 
 when  he  was  come  to  years  of  maturity,  he  would 
 fpend  a  whole  day  and  night  together  upon  a  ma- 
 thematical problem,  or  other  fpeculation,  without 
 leaving  it,  till  he  could  fay,  0,  l'z>o  pur  vinta  ;  0, 
 fui  non  ci  voglio  pen/are.  I  have  overcome  it  ;  or  I'll 
 think  no  more  on't.  And  yet  this  great  man  was  fo 
 rnodeft,  that  he  would  never  write  any  thing  for 
 publication,  unlefs  the  good  of  the  publick  extorted 
 it  from  him. 
 
 His  favourite  companion  at  Mantua  was  Camillo 
 Olivo,  who  had  been  fecretary  to  Hercules  cardinal 
 de  Gonfaga  of  Mantua ,  who  was  legat  in  the  council 
 of  Trem.  From  him  the  Father  picked  out  the  fe- 
 cret  of  that  famous  council,  and  learnt  moil  of 
 thofe  particulars  that  are  to  be  found  in  his  celebra- 
 ted hiftory  of  the  faid  council. 
 
 Ail  men  of  learning  that  came  to  the  duke's  court 
 loved  to  difcourfe  with  frier  Paul;  becaufe  (tho'  ftill 
 young)  they  found  him  fo  perfect  in  all  the  fciences, 
 that  as  he  treated  of  them  feparately,  each  feem'd 
 to  be  his  mailer-piece.  He  had  fuch  a  ready  wit, 
 that  the  duke  would  often  come  unexpected  to  the 
 public  difputations,  and  command  him  to  argue  on 
 iome  puzzling  thefis ,  which  perhaps  he  never 
 thought  on  before.  He  had  fuch  a  prodigious  me- 
 mory, that  wherever  he  came,  all  the  images,  even 
 
 of 
 
Father    P  A  V  L.        v 
 
 of  the  minuteft  things  he  faw,  were  too  deeply  im- 
 printed to  be  cancelled  by  new  appearances  ;  and 
 his  friends  would  fometimes  ask  him  how  it  was 
 poflible  he  could  take  notice  of  fuch  trifles.*    He 
 read  all  books  of  note  that  came  out,  and  could 
 remember  the  very  page  where  he  had  obferv'd  any 
 thing,  though  of  very  little  moment  ;  but  fo  modeft 
 was  he,   that  when  any  praifed  him  for  this  noble 
 talent,  he  call'd  it  an  imperfection  and   an   excel- 
 lent weaknefs,  faying  he  took  no  greater  care  than 
 ordinary  in  reading,  or  his  obfervations,  but  that  his 
 great  paflìbility  and  imperfection  was  the  reafon  of 
 his  retention,  becaufe  the  object  was  not  only  mo- 
 ving in  him,  but  every  little  relickand  idea  of  it  con- 
 tinued it. 
 
 He  was  fo  incomparably  skilled  in  the  mathema- 
 tics ,  that  whatfoever  is  extant  of  ancient  or  mo* 
 dern  writers,  who  have  treated  on  that  fubject,  was 
 the  leali  part  of  what  he  knew  ,•  but  he  had  a  juft 
 contempt  for  aftrology. 
 
 He  was  the  author  of  feveral  mathematical  in- 
 ventions, but  would  fain  have  conceal'd  it  from  the 
 world,  particularly  that  called  the  two  manners  of 
 Pulfiliglio ,  and  the  inftrument  for  diftinguifhing  the 
 variation  of  heat  and  cold  ;  and  when  one  of  thofe 
 perfpeciives,  called  Galilean  from  the  inventor,  was 
 prefented  to  the  government  of  Venice,  and  refer'd 
 to  the  Father's  examination,  he  knew  the  ufe  of  ity 
 and  the  whole  fecret  of  its  compofition,  before  it 
 was  permitted  to  be  open'd,  as  Galileo  himfelf 
 own'd.  Nay,  he  made  mathematical  and  aftrono- 
 mical  inftruments  with  his  own  hands,and,  by  giving 
 out  models  to  artifts,  made  the  workmanfhip  fo  ea- 
 fy  and  plain,  that  one  would  have  thought  he  had 
 had  both  the  heavens  and  earth  in  his  head.  He 
 found  out  the  means  to  folve  all  the  phenomena  of 
 
 a  3  tòt 
 
vi  The  LIFE  of 
 
 the  Copernkan  fyftem  with  one  only  motion  ,  but 
 in  vain  inquired  after  workmen  to  make  an  inftru- 
 ment  for  difcerning  it  ;  the  want  of  which  is  mat- 
 ter of  great  lamentation  to  the  curious. 
 
 His  fame  in  religion  made  him  to  be  fp  much  im- 
 portuned, by  his  friends  and  fuperiors,  who  wanted 
 to  make  ufe  of  his  labours  in  their  profeffion,  and 
 his  genius  was  fo  averfe  to  a  court  life,  that,  with 
 the  duke  of  Mantua's  favour  and  approbation ,  he 
 retired  from  his  court. 
 
 Befide  bis  skill  in  human  literature ,  logic,  phi- 
 lofophy,  theology,  and  all  the  mathematics,  he  was 
 perfectly  well  versed  in  the  common  law,  underitood 
 a  great  deal  of  the  civil,  was  well  acquainted  with 
 medic  in,  anatomy,  botany  and  mineralogy,  and 
 had  a  fufficient  underftanding  of  divers  tongues,  be- 
 fide the  Latin,  Greek >  Hebrew,  and  Chaldean;  ail 
 which  knowledge  united  in  a  perfon  of  riper  years 
 would  have  been  very  furprizing  ;  but  our  Father 
 h^d  not  yet  exceeded  2  2,  at  which  age  he  was  con- 
 fecrated  prieft. 
 
 He  went  that  year  to  Milan,  whither  he  was  fent 
 for  by  cardinal  Borromeo  (afterwards  fainted  by  the 
 name  of  St.  Carlo  )  who  was  then  purging  the 
 churches  and  cloiflers  from  ignorant  and  vicious 
 confeflbrs.  He  made  ufe  of  him,  contrary  to  his 
 inclination,  to  hear  cpnfeflions  in  the  churches,  had 
 an  uncommon  efteem  (or  him,  and  took  great  de- 
 light in  his  company. 
 
 It  happened  that  before  he  left  the  dutchy  of 
 Mantua,  he  was  profecuted  by  the  inquilition  there, 
 i'br  maintaining  that  the  article  of  the  trinity  could 
 not  be  deduced  from  the  firft  chapter  of  Genefis  ; 
 l  ut  he  excepted  againft  the  judge,  not  only  becaufe 
 he  was  of  tne  accufers  party,  but  for  his  unacquain- 
 
 tednefs 
 
Father   P  AV  L.      vii 
 
 tednefs  with  the  Hebrew  language ,•  appealed  to  Rome, 
 obtained  a  Noli  prof  equi,  without  being  once  examin'd, 
 and  had  the  inquifitor  feverely  reprimanded  for  his 
 ignorance. 
 
 Being  called  homewards  by  the  affairs  of  his  na- 
 tive country,  and  the  inftances  of  his  friends,  all 
 his  feniors  were  ready  to  own  him  their  fuperior  ; 
 and  having  gone  thro'  the  degrees  appointed  by  the 
 laws  of  his  order,  as  Undent,  batchelor,  and  mafter 
 (which  is  equivalent  to  the  title  of  doctor  of  divi- 
 nity) and  having  been  admitted  a  member  of  the 
 then  moil  famous  college  of  Padua  in  1 5  78,  he  was 
 next  year  with  universal    applaufe   created  provin- 
 cial (which  is  the  title  they  gave  to  the  readers  of 
 divinity  le&ures)  with  the  additional  quality  of  re- 
 gent.     His  judgment    was  fo  unbiafs'd,    that  he 
 would  never  receive  the  fmalleft  bribe ,    nor  admit 
 of  the  leaft  delay  of  juflice,  and  withal   fo  {olid, 
 that  not  one  of  the  numerous  decifions  he  made  was 
 thought  fit  to  be  repealed  by  any  fuperior  court. 
 In  his  government  he  baniihed  all  factions  and  par- 
 ticularities, and  none  had  ever  any  caufe  to  com- 
 plain of  him,   except  fome  indifferent  perfons  that 
 promifed  themfelves  more  of  his  friendfhip  than  he 
 gave  them  reafon  to  expect.     He  eftablifhed  fuch 
 excellent  orders  and  cufloms  in  his  province  at  his 
 firfl  entrance  upon  it ,    and  fo  dextroufly  managed 
 affairs,  that  thofe  of  the  greater!  intricacy  and  dif- 
 ficulty were  brought  for  folution  to  him,  as  to  the 
 oracle  of  the  republic  k,  in  confidence  that  he  would 
 •foon  loofe  the  knot,    or  that  it  would  be  vain  for 
 any  body  elfe  to  attempt  it;  and  of  all  the  number- 
 lefs  affairs  that  palled  thro'  his  hands,  none  were  fo 
 involv'd  in  difficulty,  but  his  more  than  human  wit 
 found  a  wa>y  to  the  bottom  of  them. 
 
 a  4  Hi 
 
viii         ThfL  1  FÉ  of 
 
 He  was  fcarce  zj  years  of  age  when  he  was 
 made  provincial  of  his  order,  a  dignity  never  con- 
 tend upon  any  fo  young  before.  In  this  year,  viz,. 
 *579>  a  general  chapter  of  the  whole  order  was 
 held  in  Parma,  when  it  was  decreed  that  three  of 
 the  moil  learned,  pious  and  prudent  men,  fhould  be 
 chofe  out  of  the  whole  order  of  Sèrvi ,  to  make 
 new  conftitutions  for  regulation  thereof  ;  and  one  of 
 thefe  was  our  frier  Paul,  who  was  but  a  youth,  com- 
 pared with  the  venerable  and  hoary  hairs  of  the 
 Other  two.  Their  chief  bufinefs  was  to  accommodate 
 the  forms  of  their  judgments  with  the  facred  canons, 
 as  they  were  reformed  by  the  council  of  Trent  ; 
 but  becaufe  our  Father  had  a  more  exquifite  know- 
 ledge of  the  canon  and  civil  laws,  and  of  conciliary 
 determinations,  they  referred  this  particular  entire- 
 ly to  him,  and  he  alone  accommodated  the  matter 
 and  form  of  judgments  to  the  monaftic  fiate,  with 
 (o  much  concifenefs,  clearnefs  and  folidity,  that 
 thofe  who  were  moil  converfant  in  matters  of  judi- 
 cature, admired  it  as  the  performance  of  one  that 
 had  {pent  his  whole  life  in  nothing  but  the  ftudy  of 
 the  laws  of  his  order. 
 
 When  he  had  ended  this  charge  of  provincial- 
 fhip,  and  eafed  his  fhoulders  of  fo  great  a  burden, 
 he  had  three  years  retirement,  which  he  faid  was 
 the  trueft  repofe  he  ever  enjoyed  in  his  life.  During 
 this,  he  gave  himfelf  totally  to  fpeculations  of  na- 
 tural things,  proceeding  at  length  to  experimental 
 operations, "by  tranfmuting  and  diftilling  all  forts  of 
 metals,  except  gold  ;  the  poffibility  of  which  he 
 always  ridiculed.  In  fliort,  he  was  fuch  a  matter 
 of  thefciences,  as  is  hardly  credible  ;  for  there  was 
 no  admiral  effect,  no  occult  property,  nothing  either 
 written  or  experimented,  which  he  had  not  feen  or 
 cadmia  d  ;  and  he  found  out  many  fccrets  both  in 
 »  .  art 
 
Father    PAVL        ix 
 
 art  and  nature,  of  which  other  perfons  of  the  pro- 
 ietfion,  to  whom  they  were  communicated,  have 
 had  the  credit  of  being  the  firft  inventors. 
 
 He  fo  well  understood  the  anatomy  of  the  eye, 
 that  the  famous  Aquapendente  did  not  difdain  to 
 quote  his  authority  in  his  lectures  and  printed  book 
 de  vifu  ;  the  whole  of  which  treatife ,  at  leaf!  fo 
 much  of  it  as  contains  the  choiceft  and  ne  weft 
 fpeculations  and  experiments  in  optics  ,  is  afcribed 
 to  Father  Paul,  according  to  the  teitimonies  of  Sari" 
 torio,  and  Peter  Affelineau,  2l  Frenchman. 
 
 Aquapendente  was  however  a  very  great  man ,-  and 
 when  he  mentioned  the  Father,  he  fpoke  of  him  as 
 of  the  oracle  of  the  age.  And  that  good  man  AJfe- 
 lineau  never  talk'd  of  him  without  lifting  up  his 
 hands,  and  uttering  words  to  this  erteci:.  Oh,  how 
 many  things  have  I  learnt  of  Father  Paul  in  anatomy, 
 minerals-  and  Jimp les  !  His  is  a  pure  foul,  in  which  there 
 Jhines  candor,  an  excellency  of  nature,  and  an  ignorance  of 
 doing  any  thing  but  well.  In  fhort,  he  was  fuch  a  mat- 
 ter of  the  feveral  profeflions  above-mention'd,  that 
 he  made  inventions  and  difcoveries  enough  for  an 
 entire  volume. 
 
 But  the  fame  of  his  capacity  for  government 
 forced  him  away  from  the  fweet  retirement,  which 
 he  had  enjoy 'd  for  three  years,  into  a  field  of  labour 
 and  fatigue  both  of  body  and  mind  ,*  for  at  a  ge- 
 neral chapter  he  was,  by  common  confent,  created 
 procurator  or  pro&or  general  of  the  court,  which 
 was  the  next  dignity  of  his  order  to  the  general, 
 and  conferred  upon  none  in  thofe  days,  but  fuch  as 
 were  men  of  exquifite  prudence  and  uncommon 
 learning  ;  it  being  an  office  which  required  thofe 
 that  bore  it,  to  manage  all  difputes  with  the  court 
 of  Rome  in  matters  relating  to  the  order,  to  pray 
 before  the  Pope  on  particular  days  appointed  for 
 
 that 
 
x  The  LIFE  of 
 
 that  order,  and  to  read  public  lectures  upon  wif- 
 dom,  and  maintain  caufes  in  the  pope's  congrega- 
 tions. 
 
 In  the  three  years  that  he  dwelt  in  Rome,    the 
 Pope,   finding  by  the  incomparable  prudence  with 
 which  he  treated  of  church   affairs,    that  he  had 
 abilities  and  a  difpofition  for  greater  things,  order- 
 ed him-  to  be  entered  into  feveral  congregations, 
 where  there  was  occafion  to  difcourfe  upon  impor- 
 tant and  nice  points  of  doctrine.     At  thefe  meetings 
 he  firft  got  acquainted  with  father  Bellarmin^ho  was 
 afterwards  a  cardinal,  and  had  a  refpect  for  him  as 
 long  as  he  liv'd.     There  it  was  he  alfo  fell  in  com- 
 pany with  one  of  the  ten  companions  of  Ignatius, 
 the  founder -of  the  Jefuits,  whom  he  told  very  frank- 
 ly, that  if  Ignatius  was  to  return  into  the  world,  he 
 would  not  know  the  fociety  of  Jesus,  they  were  fo 
 much  altered.   It  is  remarkable  that  our  Father  was 
 in  the  good  graces  of  cardinal  Santa  Severina,  pro- 
 tector, •  a  man  of  fuch  an  odd  temper,   that  not  .a 
 mortal  upon  earth  had  his  good  word  ,*  for  if  any 
 body  aflented  to  what  he  ever  faid,  he  call'd  them 
 poor  fpirited  flattering  wretches  -,  and  if  they  did 
 but  oppofe  or  contradict  him,  then  they  were  mala- 
 pert and  infolent.     Pope  Sixtus  V.  frequently  em- 
 ploye him  ,    not  only  in  congregations ,    but  other 
 affairs  ;    and  one  day,  being  in  his  pontifical  litter, 
 he  called  the  Father  to  him,  and  difcours'd  with  him 
 a  good  while  in  the  ftreet,  which  was  mightily  taken 
 notice  of  by  the  court:  Every  body  talk'd  how  much 
 he  was  in  the  Pope's  favour,  and  fome  prick'd  him 
 down  immediately  for  a  cardinal,    which  tho'  he 
 never  dented  ,    nor  was,    yet  the  bare  report  of  it 
 railed  him  a  world  of  envy,  and,  in  the  fequel,  no 
 little  trouble.      This  Pope's  fuc ceffo r  Urban  VII. 
 liked  him  fo  well,  that  he  thought  he  could  not  fee 
 
 him 
 
Father   P^^L         xi 
 
 him  often  enough.  The  Father  having  occafion  to 
 go  to  Naples ,  to  fit  prefident,  as  vicar  general  at 
 the  chapters,  and  to  make  the  vifitation,  he  grew 
 acquainted  with  that  famous  wit  Gio.  Battifla  Porta, 
 who  makes  very  honourable  mention  of  Father  Paul 
 in  one  of  his  printed  works,  and  particularly  of  his 
 fpecular  perfpective. 
 
 One  of  the  firit  disturbances  given  to  Father  Paul, 
 was  thro'  the  means  of  Gabriel  Collifony    to  whofe 
 counfel  and  directions  he  referred  his.  friends  when 
 he  firft  fet  out  from  Venice,  and  with  whom  he  had 
 joined  formerly,  in  redreffing  the  grievances  which 
 certain  peribns,  abufing  the  power  they  were  vefted 
 with,    had  tyrannically  impofed  upon  the  weaker 
 part  of  the  fubjects-     But  this  Gabriel  prov'd  after- 
 wards fuch  a  lover  of  his  own  intereft,  that  during 
 the  three  years  of  the  Father's   abfence  from   his 
 country,  he,  by  his  extortion,  had  raifed  himfelf  to 
 abfolute  dominion,   and  feared  nothing  fo  much  as 
 the  Father's  return  to  Venice,  who  he  was  fure,  from 
 the  conftant  experience  he  had  of  his  uncorrupted 
 integrity,    would  abhor  his  practices.     To  prevent 
 the  Father's  return,  he  endeavoured  to  perfuade  him 
 by  his  own  letters,  and  thofe  of  his  dear  friends, 
 that  he  was  in  a  very  fair  way  to  great  preferment 
 at  court,   and  that  he  had  better  flay  at  Rome  to 
 advance  his  fortune.     But  the  Father  in  his  letter 
 teflify'd  his  abhorrence  of  court  favours,  which  he 
 faid  were  generally  obtained  by  fuch  vile  methods, 
 that  he  had  much  rather  be  without  them  :   Mean 
 time  Gabriel  fent  the  letter  to  cardinal  Santa  Severina 
 the  protector,  whom  he  had  corrupted  in  his  favour; 
 and  when  the  Father  returned  home,  after  the  three 
 years  of  his  office  were  expired,he  found  not  only  Ga- 
 briel, but  the  cardinal  too  his  morta!  enemy  ;  and  the 
 latter  being  at  the  fame  time  chief  of  the  inquifition, 
 
 .tho" 
 
xii  The    LIFE    of 
 
 tho'  he  did  not  think  fit  to  exert  the  authority  of 
 that  office  againft  the  Father,  yet  he  fought  to  give 
 him  all  the  vexation  poffible,  by  putting  his  friends 
 into  that  court,  and  proceeding  againft  them  by  me- 
 thods fo  unufual  and  bafe,  that  Fulgentio,  who  wrote 
 our  Father's  Life,  forbears  to  mention  many  of 
 them,  for  fear  of  giving  the  world  too  great  a  (ban- 
 dai. One  of  them ,  which  however  he  could  not 
 help  taking  notice  of,  is  this  : 
 
 There  was  at  Venice  one  frier  Julio,  a  man  of 
 an  unblameable  life  and  converfation,  who  had  for 
 many  years  been  confeffor  and  mafs-prieft  in  the 
 convent  of  St.  Hermagora-  This  good  old  man  , 
 who  had  likewife  been  confeflbr  to  Father  Paul's 
 mother,  maintained  him,  till  he  was  fuperannuated, 
 in  his  cloathing,  and  the  charge  of  his  journies  and 
 books  (the  monaftery  defraying  his  other  expences.) 
 But  fo  fpiteful  were  our  Father's  enemies,  that, 
 to  fhorten  his  poor,  though  fatisfactory  allowance, 
 they  drew  up  devilifh  informations  againft  the  good 
 old  frier ,  and  got  the  patriarch  Priuli,  not  only  to 
 deprive  him  of  the  liberty  of  confeffing,  but  to  ba- 
 nifli  him  as  far  as  Bologna;  upon  which  Father  Paul 
 was  obliged,  in  meer  love  to  the  poor  innocent 
 man,  to  take  a  journey  to  Rome,  where  he  follici- 
 ted,  and  obtained  his  return  to  Venice. 
 
 Father  Paul  not  only  underftood  the  canonical 
 laws  and  decrees,  but  when  and  why  they  were 
 made  ;  and  in  the  matter  of  benefices,  which  is  a 
 fubjeci:  fo  various  and  intricate,  he  knew  all  the 
 reaibns,  controverted  progreffes,  and  alterations  ; 
 and  befides  all  this  theory,  he  had  fe'en  the  practice 
 of  many  congregations  and  tribunals,  and  their 
 precedents. 
 
 As 
 
Father    PAVL.      xiii 
 
 As  to  the  knowledge  of  men,  he  icarce  had  his 
 fellow  ;  for  'tis  in  a  manner  incredible  how  far  he 
 could  penetrate  into  their  temper  and  behaviour, 
 from  being  but  once  in  their  converfation,  infomuch 
 that  thofe  even  of  his  own  order  raifed  a  report, 
 which  has  been  fince  aggravated  by  his  enemies, 
 that  he  had  a  familiar  fpirit.  This  penetrating  fa- 
 culty gave  him  the  happy  means  of  treating  with 
 all  forts  of  perfons  to  their  fatisfaótion  ;  for  as  a 
 perfect  mufician  judges  of  his  inftrument  by  the 
 firft  touch,  fo  by  making  men  fpeak,  he  prefently 
 knew  their  ends,  their  interefts,  and  resolutions, 
 •and  what  would  be  their  anfwers  ;  confequent- 
 ly,  he  was  never  at  a  lofs  for  the  moft  proper  ones 
 himfelf  ;  fo  that  of  all  who  treated  with  him,  from 
 the  higheft  to  the  loweft,  feldom  any  left  him  with- 
 out admiration. 
 
 He  was  as  well  verfed  in  facred  and  prophane 
 hiftory,  as  if  his  fancy  had  been  the  fcene  in  which 
 the  parts  were  acted. 
 
 The  particular  proofs  of  his  skill  in  the  mecha- 
 nics are  enough  for  a  volume ,  and  to  make  the 
 reader  think  he  underftood  nothing  elfe.  He  would 
 talk  of  perfpedive,  and  other  glafles,  forty  years 
 after  his  exercifing  himfelf  in  that  ftudy,  as  readily 
 as  if  he  had  juft  come  from  reading  Halazen,  ViteUio, 
 or  others  of  that  profeflion. 
 
 When  Father  /to/ was  returned  from  Ro?ne, to  his 
 monaftery,  he  conftantly  attended  the  divine  offices, 
 and  what  time  he  could  fpare  from  his  public  and 
 private  devotion,  he  fpent  in  ftudy,  except  when 
 he  had  avocations  to  ferve  the  republic  with  his 
 counfels.  About  this  time  he  wrote  fome  cflays  in 
 natural  philofophy,  phyfic,  and  the  mathematics, 
 which  he  reviewed  afterwards,  and  fet  to  nought  as 
 childiih  performances  -,  tho'  mafter  FiUgentio  affirms, 
 
 that 
 
xiv         The    LIFE    of 
 
 that  if  men  of  learning  had  ken  them,  they  would 
 not  have  reckoned  them  puerilities. 
 
 In  1587  there  happened  fuch  a  difpute  betwixt 
 Pope  Sixtus  V,  and  the  Duke  of  Tufcany,  about  the 
 election  of  a  new  general  of  the  order  of  Servi, 
 that  the  Pope  ordered  the  Father  to  go  to  Bologna, 
 where  he  ftaid  fome  months  to  fettle  that  affair;  and 
 in  all  controverted  points  his  opinion  was  approved 
 of,  tho5  the  auditors  themfelves  ufed  to  be  the  arbi- 
 trators in  matters  of  judicature. 
 
 When  he  returned  to  Venice,  he  was  generally  in 
 the  aflemblies  of  the  moft  learned  and  noble  perfo- 
 nages  of  his  own  and  foreign  countries,  and  of  the 
 regular  and  fecular  clergy,  who  met  to  difpute  on 
 various  fubjects,  with  no  other  view  but  to  find  out 
 truth.  Here  our  Father  argued  upon  all  manner  of 
 fubje&s  without  premeditation,  and  with  fuch  eafe 
 that  every  one  was  furprized;  yet  afterwards,  in 
 his  riper  age,  when  he  was  put  in  mind  of  thofe 
 exercifes,  he  would  fmile  at  them  as  the  perfor- 
 mances of  a  fchool-boy. 
 
 The  civil  wars  in  France  breaking  out  in  his  time, 
 he  was  pleafed  to  hear  fuch  as  could  give  account 
 of  them,  was  curious  to  know  how  the  world  went 
 as  long  as  he  liv'd  in  it,  and  formed  fo  good  a  judg- 
 ment of  what  news  he  heard,  that  it  made  men 
 wonder,  and  court  his  opinion  as  if  he  had  been  a 
 prophet.  He  was  always  a  man  of  few  words,  but 
 thofe  were  pithy  and  fententious.  He  was  acute, 
 but  not  fcornful  in  his  repartees, and  with  a  dexterity, 
 like  Socrates,  delighted  to  make  difcoveries  of  others 
 abilities,  which  he  called  helping  them  to  bring  forth; 
 and  this  dexterity  Fulgentio  afcribes  to  his  being  {0 
 vers'd  in  all  forts  of  learning,  that  he  was  able  to 
 follow  every  one  in  his  own  element  ;  for  whatever 
 
 was 
 
Father    TAVL-        xv 
 
 was  the  fubje<i  he  difcours'd  on ,  fiich  Grangers  as 
 heard  him,  went  away  perfuaded  that  it  was  his 
 chief  profefììon  and  favourite  ftudy.  When  he  met 
 with  perfons  eminent  in  any  art  or  fcience,  he  had  a 
 happy  modeft  way  of  getting  out  of  •  them  what 
 was  poffible  to  be  known,  without  difcovering  the 
 leaft  impertinence  or  troublefome  curiofity,*  but  he 
 was  fondeft  of  converging  with  travellers,  himfelf 
 having  once  had  a  great  defire  to  vifit  foreign  coun- 
 tries. 
 
 The  Father,  and  his  friends,  had  frequent  meet- 
 ings at  Padua ,  at  the  houfe  of  Vicenz,o  Pinelli, 
 which  was  the  receptacle  of  the  mufes,  and  an 
 academy  of  all  the  virtues  in  his  time.  Signior  Pi- 
 netii  called  him  il  miracolo  de  quefto  fecolo,  the  wonder 
 of  his  times;  and  being  ask'd  by  Gbetaldi,  one  of 
 the  greateft  men  of  Ragufa,  in  what  profefììon? 
 faid,  in  whatever  you  pleafe.  Ghetaldi  try'd  his 
 skill  in  the  mathematics,  and  was  fo  aftonifh'd  at 
 his  reafonings,  that  he  faid  he  never  believ'd  it  pof- 
 fible for  a  man  to  know  fo  much  in  any  one  profef- 
 ììon, and  defied  not  only  to  contract,  a  ltrict.  friend- 
 fhip,  but  to  compare  notes  with  him  as  long  as  he 
 liv'd. 
 
 But  now,  fays  Fulgentio,  came  the  time  when  the 
 purenefs  of  the  gold  was  to  be  tryM  by  the  touch- 
 ftone;  for  it  pleafed  God  to  draw  the  Father  out  of 
 his  haven  of  reft  into  a  tempeftuous  fea  of  frefh 
 troubles. 
 
 Father  Paul  was  a  fecond  time  complained  of  to 
 the  inquifition  at  Rome  by  Signior  Gabriel,  already 
 mention'd,  who  pretended  that  he  held  a  correfpon- 
 dence  with  the  Jews.  And  at  the  fame  time  he  ftir'd 
 up  a  nephew  of  his,  called  Maeflro  Santo,  to  ac- 
 cnfe  him  to  the  inquifition  at  Venice,  of  having  de- 
 ny 'd 
 
 0 
 
xvi         The    LIFE   of 
 
 ny'd  the  affittante  of  the  holy  fpirit  ;  becaufe,-  when 
 a  chapter  of  his  order  waited  for  divine  infpiration, 
 the  Father  reply'd,  it  was  fitter  to  operate  by  hu- 
 mane means.  But  the  tribunals,  both  at  Rome  and 
 Venice,  having  examined  witnefles,  thought  the  com- 
 plaints fo  unjuft,  that  they  enter'd  a  Noli  profequi  upon 
 both  accufations,  without  giving  Father  Paul  the 
 trouble  of  putting  in  hisanfwer.  The  court  of  Rome 
 had  a  jealoufy  all  the  while  that  the  Father  was  an 
 enemy  to  their  greatnefs,  but  were  at  a  lofs  how  to 
 fix  any  charge  againft  him  upon  the  fcore  of  reli- 
 gion. 
 
 There  were  fome  who  the  rather  fufpe&ed  the 
 Father's  integrity,  becaufe  he  had  been  often  com- 
 plain'd  of  to  the  inquifition  ;  but  in  anfwer  to  this, 
 his  friend  Fulgentio  made  this  pertinent  remark, 
 that  Ignatius,  afterwards  canoniz'd  for  a  faint,  was 
 put  into  the  inquifition  no  lefs  than  nine  times,  and 
 was  cited > and  examined,  tho*  at  laft  acquitted; 
 whereas  our  Father  was  complain'd  of  to  the  faid 
 court  but  three  times,  and  with  fo  little  foundation, 
 that  he  was  not  once  cited  or  examined. 
 
 As  to  his  communication  with  heretics,  tho5  pot 
 a  tittle  of  it  was  prov'd,  yet  it  made  fuch  an  im- 
 preffion  on  Pope  Clement  VIII,  that  he  bore  him  a 
 grudge  for  it  a  long  time  afcer  ;  infomuch  that  the 
 Father  being  propofed  to  the  bifhoprick  of  Nerva, 
 the  Pope,  tho'  he  own'd  him  to  be  a  man  of  lear- 
 ning and  great  abilities,  added,  that  he  deferv'd  no 
 preferment  from  the  Church,  for  his  dealings  with 
 heretics;  a  charge  which  had  no  manner  of  founda- 
 tion, but  the  Father's  general  converfe  with  the 
 many  eminent  men  of  all  countries  and  profeffions, 
 that  came  to  Venice  either  upon  bufinefs  or  meer 
 curiolity,  and  who  were  fond  of  difcourfing  with 
 
 one 
 
 ft 
 
Father    T A  V  L.     xvii 
 
 one  fo  able  as  he  was  to  give  them  fatisfa&ion  in 
 all  the  arts  and  fciences. 
 
 The  Father  was  moreover  obliged,  not  only  by 
 the  terms  of  civility,  but  by  ftriót  canonical  rules, 
 not  to  fhun  the  company  of  any,  but  fuch  as  were 
 nominally  and  individually  condemned  by  the 
 Church.  Neverthelefs,  when  any  German,  French-* 
 man,  or  the  like,  vifited  the  Father,  Oltramontana, 
 was  the  word,  and  they  immediately  concluded 
 them  to  be  heretics. 
 
 By  fuch  gradations  as  thefe,  divine  providence 
 began  to  inure  the  Father  to  the  injurious  calumnies 
 of  the  court  of  Rome  ;  and,  in  the  progrefs  of  his 
 lik,  for  being  a  faithful  fervant  to  his  God,  his 
 Country,  and  the  Church,  his  conftant  piety  and 
 invincible  patience  were  fufficiently  try  a. 
 
 The  domeftic  troubles  of  the  republic,  which 
 jailed  many  years  with  implacable  heat  on  both 
 ildes,  gave  the  Father  fufficient  occasion  to  (hew 
 the  wonderful  command  of  his  temper  in  all  events, 
 as  well  as  his  mildnefs  in  never  giving  or  retaliating 
 offences,  and  his  lingular  wifdom  in  making  every 
 thing  in  his  power  contribute  towards  a  pacifica- 
 tion ;  but  his  virtue  was  unfuccefsful,  becaufe  he 
 neither  pleafed  thofe  òf  his  own  fide,  not  even  the 
 General  of  his  Order,  nòr  yet  the  Cardinal  Pro- 
 tector. And  the  hot  heads  of  his  own  parry  termed 
 his  ferenity  of  mind  lukewarmnefs. 
 
 The  Father  was  fo  defirous  to  fee  an  end  put  to 
 the  divifions,  that  in  1597,  he  chofe  for  that  very 
 purpofe  to  go  to  £cwe,notwithitanding  what  he  had 
 to  fear  from  the  Cardinal  of  Sta  Severwa,  who  was 
 at  that  time  head  of  the  office  of  inquifition  ;  but 
 the  Cardinal,  contrary  to  his  expectation,  courted 
 his  friendfhip,  and  prevailed  with  him  to  be  recon- 
 ciled in  like  manner  to  Gabriel,   which  the  Father 
 
 b  was 
 
xviii         The  LIFE  of 
 
 was  the  rather  induced  to,  becaufe  he  knew  that  if 
 he  could  but  pleafe  the  Cardinal,  all  would  be 
 well. 
 
 Then  he  returned  to  Venice,  where  he  liv'd  quiet- 
 ly for  fix  years  more,  and  ftudied  moral  philofophy. 
 He  wrote  fuch  notes  on  Plato  and  Ariftotle,  as  plain- 
 ly fhew  that  he  put  them  down  either  as  memoran- 
 dums, or  elfe  as  materials  for  a  future  treatife  ;  but 
 our  author  Fulgentio  inclines  to  believe  the  firft, 
 becaufe  he  always  thought  he  fhould  never  live 
 twelve  months  to  an  end.  He  alfo  commented  up- 
 on the  fathers,  fchool-men,  and  fciences,  and  upon 
 fimples,  minerals,  and  mechanics.  Several  very 
 learned  men  fent  to  him  for  his  opinion  in  the  moft 
 abftrufe  parts  of  the  fciences,  and  efpecially  of  the 
 mathematics,  and  courted  his  judgment  whenever 
 they  made  any  new  difcoveries.  He  wrote  many 
 little  traces  of  moral  philofophy,  which  he  ufed  to 
 carry  about  with  him,  together  with  the  fentences 
 and  documents  of  the  moil:  ancient  celebrated  wri- 
 ters. Fulgentio,  who  faw  three  of  them,  fays  they 
 were  as  elaborate  as  Plutarch's,  that  the  firft  ap- 
 ply 5d  thofe  aphorifms  to  the  cure  of  the  mind, 
 which  are  prefcribed  for  the  health  of  the  body. 
 That  the  fecond  treated  of  the  rife  of  our  opinions, 
 and  their  variation;  and  the  third  of  atheifm,  ihewing 
 it  to  be  repugnant  to  humane  nature,*  and  that  they 
 who  acknowledge  not  a  true  deity,  muft  of  necei- 
 (ity  feign  to  thcmfelves  falfe  ones.  He  made  fuch 
 a  ftri&  fcrutiny  into  his  own  heart,  that  he  alfo 
 wrote  an  examination  of  his  defects,  which  were 
 invifible  to  every  eye  but  his  own,  as  thofe,  that 
 iiv'd  intimately  with  him  the  lafl  twenty  years  of 
 his  life,  do  folemnly  declare. 
 
 But  ail  this  was  nothing,   compar'd  to  his  fiudy 
 of  the  fcriptures,  particularly  of  the  New  Tefta- 
 
 ment, 
 
Father    P  AV  L.      xix 
 
 mcnt,  which  he  read  from  the  beginning  to  the  end, 
 without  any  expofitor,  in  the  Greek  and  Latin  Texts  ; 
 he  read  them  To  often,  that  he  had  them  all  as  ic 
 were  by  heart,  and  with  fo  much  attention,  that 
 where  he  obferved  any  point  for  meditation,  he  drew 
 a  line  ;  and  fo  by  reading  them  over  and  over, 
 there  was  hardly  a  word  but  what  was  marked.  He 
 did  the  fame  with  his  breviary,  and  recited  the 
 mafs  fo  readily,  that  in  his  latter  days,  when  he 
 could  not  fee  but  with  fpectacles,  he  always  celebra- 
 ted that  fervice  without  them. 
 
 During  his  fix  years  retirement*  he  was  folicited 
 to  go  to  Ferrara,  to  attend  the  confeeration  of  Leo- 
 nardo Mocenigo  Bifhop  of  Caveda,  wild  wanted  to  be 
 initrucied  by  him  in  the  canonical  and  epifcopai  pro- 
 femon.     He  had  another  call  to  Rome,  to  afììft  in 
 the  controverfy  concerning  the  efficacy  of  divine 
 grace.     He  was  very  much  prefled  to  go  thither, 
 the  rather  becaufe  he  was  fo  well  vers'd  in  the  Fa- 
 thers, that  he  had  them  at  his  fmgers  ends,  efpeeiai- 
 ly  St.  Augufiin,  who  handles  that  doctrine  more  fully 
 than  all  the  reft.     The  bifhop  of  Montepelofo,  who 
 was  one  of  the  prelates  appointed  to  examine  that 
 controverfy,  fent  letters  after  letters  to  him,  to  de- 
 fire  his  prefence  at  Rome,  and  in  them  communica- 
 ted his   own  thoughts  upon  the  matter  j  but  the 
 Father  was  refolv'd  not  to   go,    nor  to  open  his 
 mouth  in  the  difpute;  and  in  all  his  papers  there  is 
 nothing  to  be  found,    but  certain  anfwers  of  the 
 faid  bifhop  to  letters,  which  the  Father  had  writ  to 
 him  on  that  fubjeci:,  and  which  gain'd  the  prelate  a 
 great  deal  of  honour.      By  thofe  letters  it  appear'd 
 that  our  Father  was  of  St.  Thomaó's  opinion,  agree- 
 able to  that  of  St.  Paul  and  St.Auguflin,  againft  the 
 ancient  and  modern  Pelagians,  and  Semi-pelagians. 
 All  that  is  extant  of  his  upon  this  point,  is  a  little 
 
 b  z  Italian 
 
xx  The  LIFE  of 
 
 Italian  tra<5t,  which  he  wrote  at  the  requefl  of  a 
 prince,  wherein  he  clearly  explains  the  whole  ftate 
 òf  the  myiterious  controverfy. 
 
 The  faid  fix  years  were  not  long  expir'd,  but 
 Gabriel,  the  general  of  the  order  of  Servi,  dying, 
 was  fucceeded  by  his  aforefaid  nephew  Maefiro 
 Santo,  who  had  his  uncle's  ambitious  views,  tho* 
 not  his  power.  His  uncle  had  charg'd  him  upon  his 
 death-bed,  to  attempt  nothing  of  moment  in  his 
 province  without  confulting  Father  Paul;  but  the 
 veneration  always  paid  to  this  great  man  was  fuch 
 an  eye-fore  to  him,  that  he  defpair'd  of  abfolute 
 dominion  till  the  faid  mote  was  removed,  which  it 
 feems  he  was  refolvM  on,  per  fas  &  nefas,  tho'  he 
 never  liv'd  ro  accomplifh  it. 
 
 To  this  end  he  reproached  him,  in  a  chapter  of 
 the  order,  that  he  had  worn  a  hat,  contrary  to  a 
 form  that  had  been  publifhed  in  the  time  of  Gre- 
 gory XIV  ;  that  he  had  worn  pantables  of  the 
 French  fafiiion,  hollowed  in  the  foles,  by  which  he 
 alledged  he  had  forfeited  his  privilege  of  voting  in 
 the  chapter,  and  that  at  the  end  of  mafs  he  did  not 
 ufe  to  repeat  the  Salve  Regina.  But  thefe  things 
 were  no  fooner  mentioned  than  they  were  exploded 
 by  the  Vicar-General,  the  Provincial,  and  the 
 whole  Aflembly,  with  the  utmoft  indignation. 
 
 His  pantables  were  indeed  taken  off  by  the 
 judges  order,  and  carry 'd  to  the  tribunal;  which 
 gave  birth  to  a  faying  that  is  remembered  to  this 
 day,  viz,.  EJfer  il  Padre  Paolo  coji  incolpabile  &  integro, 
 che  fivio  le  fue  piamjfe  erano  ftate  canonizzate.  Father 
 Paul  was  fo  blamelefs  and  pure,  that  his  very  pantables 
 were  canonized.  And  as  to  his  not  reciting  the  Salve 
 Regina,  he  had  very  good  authority  to  omit  it,  be- 
 caufe  it  was  contrary  to  the  rites  of  the  mafs, 
 and,  by  a  particular  order  of  about  thirty  friers, 
 
 declar'd 
 
Father    P  AV  L.       xxi 
 
 declar'd  to  be  derogatory  from  the  univerfal  order 
 of  the  Church.  It  was  obferv'd  that  Father  Paul 
 never  fpoke  a  word,  or  fhew'd  the  lealt  concern  at 
 fuch  unjufl  and  trifling  accufations,  but  was  as  frank 
 with  his  accufers  as  ever,  and  that  Maeflro  Santo  re- 
 tir'd  to  Rome,  where  he  fpent  500  ducats  of  the 
 monaftery's  money  in  four  months  time,  and  then 
 went  to  Candle,  where  he  turn'd  merchant,  but 
 prov'd  a  bankrupt. 
 
 We  come  now  to  that  glorious  fcene  of  the  Fa- 
 ther's Life,  wherein  he  did  fuch  fignal  fervice  to 
 his  country. 
 
 As  foon  as  Paul  V.  came  to  the  See  of  Rome, 
 he  fell  out  with  the  Republic  of  Venice,  declaring 
 fome  of  their  laws  (which  are  mention'd  in  the 
 following  treatife)  to  be  contrary  to  the  privileges 
 of  the  Church,  unjuft  and  void  ;  while  on  the  other 
 hand  the  Republic  maintain'd  that  they  were  good 
 and  juft,  and  in  no  fenfe  repugnant  to  the  lawful 
 liberties  of  the  Church. 
 
 The  difpute  was  carry 'd  on  for  a  month  by  pro- 
 positions and  anfwers,  and  arguments  on  both  fides, 
 till  about  the  beginning  of  the  year  1606,  which 
 the  Court  of  Rome  ufher'd  in  with  monitories  and 
 comminations  of  cenfure- 
 
 The  matter  of  difpute  being  partly  of  theology 
 and  partly  of  law,  and  the  Senate  of  Venice  refol- 
 ving  to  chufe  a  perfon  that  was  both  a  divine  and  a 
 canonift,  to  aflift  their  counfellors  at  law,  conferred 
 this  important  poft  on  Father  Paul,  who  ferv'd 
 them  feventeen  years,  not  only  in  that  quality,  but 
 as  a  counfellor  of  fiate  in  all  caufes  of  the  greateft 
 moment  ;  for  thro5  his  hands  paft  all  matters  o£ 
 peace  and  war,  of  their  confines,  their  treaties,  ju- 
 rifdiction,  tribute,  &c.  And  his  fervices  were  fo 
 univerfal,  faithful,  and  fincere^  that  when  their 
 b  3  counfcllorf 
 
xxii  The  LIFE  of 
 
 counfellors  at  law  died,  the  Commonwealth  was  fo 
 well  ferv'd  by  the  Father  alone,  in  all  manner  of 
 bufinefs,  that  they  chofe  none  to  fucceed  in  their 
 places.  They  did  the  Father  an  honour  never  gran- 
 ted before  to  any  of  their  counfellors,  viz,*  the  ad- 
 mitting him  to  the  infpetìion  of  all  their  records, 
 and  thofe  call'd  the  Two  Secrets,  which  contain  the 
 public  laws  of  the  State,  the  fundamental  laws, 
 treaties  of  war  and  peace,  truces  and  alliances, 
 and  the  like  affairs  of  ftate;  together  with  the 
 chief  tranfaótions  in  Europe  for  feveral  centuries,- 
 and  the  changes  all  over  chriftendom,  which  are  old 
 books  writ  in  former  ages,  very  hard  to  read,  and 
 would  have  been  the  moft  valuable  treafure  in  the 
 world,  i^  part  of  them  had  not  been  twice  con- 
 fum'd  by  fire.  Thefe  the  Father  made  himfelf  fo 
 acquainted  with,  that  by  the  happy  affiftance  of 
 his  incomparable  memory,  he  could  turn  in  an  in- 
 ftant  to  any  of  the  books  or  paflages  contain'd  in 
 them  ;  and  he  made  fuch  ufeful  indexes  to  them, 
 with  fo  many  notes  and-  regiflers,  that  the  Senate 
 gave  Father  Paul's  amanuenfis  an  honourable  falary 
 to  add  them  to  their  records,  which,  in  his  time, 
 contained  little  lefs  than  iooo  treaties  and  ads  of 
 councils,  all  bound  up  in  volumes  of  parchment.  • 
 The  Father,  however,  wanting  an  adoriate  to 
 help  him  in  the  roil  of  collecting  the  allegations  of 
 the  Do&ors  of  both  laws,  that  he  might  have  the 
 authorities  he  quoted  always  ready  at  hand,  chofe 
 for  this  purpofe  frier  Fulgentie  (to  whom  the  world 
 js  obliged  for  this  account  of  his  life.)  He  was  a 
 native  òf  Brefcia,  whom  (as  he  fays  himfelf)  Fa- 
 ther Paul  had  long  favour'd  with  an  intimate  fami- 
 liarity. When  the  Father  fent  for  him,  he  was  at 
 the  univerfity  of  'Bokgia,  in  the  fixth  year  of  his 
 reading  lectures  in  divinity  ;  but  he  left  that,  and 
 
Father    P  A  V  L.     xxiii 
 
 all  hopes  of  preferment,  together  with  his  library 
 and  moveables,  to  follow  the  call  of  his  beloved 
 friend. 
 
 The  controverfy  betwixt  the  Pope  and  the  Re- 
 public growing  hotter  every  day  than  other,   the 
 Father,  and  the  other  counfellors,  were  conftantly 
 employ 'd  to  find  out  the  moil  effectual  methods  by 
 which  the  Republic,   faving  the  refped  due  to  the 
 See  of  Rome,   might  conduct  themfelves  fo  as  to 
 maintain  their  liberties  and  independent  fovereignty. 
 Among  other  tracts,  which  the  Father  drew  up  on 
 this  fubjed,    was  the  following,  intitled  7ke  Rights 
 of  Sovereigns,  and  a  fmaller  one  of  Excommunication, 
 in  which  every  thing  eflential  to  that  cenfure  was 
 comprehended  with  the  utmoft  brevity  and  clear- 
 nefs.    This  piece  could  never  be  fqund,  after  the 
 moli  diligent  fearch,    among  the  many  and  inefti- 
 mable  volumes  of  both  Church  and  State  tracts, 
 which  the  Father  wrote,  a  lofs  not  only  lamented 
 by  his  friend  Fulgentio,    but  by  all  friends  to  true 
 chriftian  liberty. 
 
 The  Court  of  Rome  having  mifreprefented  the 
 controverfy,  and  attacked  the  validity  of  the  Vene- 
 tian marriages,  and  other  facraments,  by  written 
 libels  hVd  up  privately  in  the  night-time  at  Bergamo, 
 which  was  in  the  temporal  domain  of  the  Vene- 
 tians, tho*  under  the  fpiritual  jurifdidion  of  the 
 Archbifhop  of  Milan,  it  was  thought  neceflary  to 
 publifh  a  true  fiate  of  the  cafe,  which  the  Father 
 was  employed  in  night  and  day  for  four  months  to- 
 gether, with  the  afliflance  of  his  friend  Fulgentio. 
 
 During  this,  he  tranflated  into  Italian  a  trad  of 
 excommunication,  which  had  been  written  by  the 
 famous  Johannes  Gerfon,  a  Pariftan  Dodor,  and 
 Chancellor  of  the  Sorbonne.  This  trad  the  Father 
 publifhed,  with  a  preface  adapting  it  to  the  prefent 
 b  4  difputc 
 
xxiv        The  \L  I  FE  of 
 
 difpute  ;  which  being  attack'd  by  Cardinal  Éellar* 
 min,  the  Father  was  under  a  neceflity  of  defen- 
 ding both  the  book  and  the  preface  ;  which  de- 
 fence was  printed,  and  is  ftiil  extant,  under  the 
 title  of  "floQ  Apology  of  Johannes  Gerfon  ;  in  which 
 the  author  has  made  a  noble  difcovery  both  of  his 
 learning  and  modefty. 
 
 Soon  after  this  our  Father  wrote  another  folid 
 pious  treatife,  intitled  Confiderationi  fopre  le  Cenfure, 
 i.  e.  fome  thoughts  upon  the  cenfure  ;  which  was 
 attack'd,  among  many  others,  by  Bovio  a  Carmelite 
 frier,  whom  Father  Paul  thought  fit  to  anfwer  by 
 3  treatife,  intitled  Le  Confirmation^  or  Confirma- 
 tions, which  came  out  under  the  name  of  Fulgentio, 
 whom,  as  himfelf  owns,  the  Father  directed  and 
 affilted  to  compofe  it.  The  Father  alfo  wrote  that 
 called  La  aggiunta  e  fuppìimento  all'  Hifìorìa  degli 
 Uf cocchi,  A  Supplement  to  the  Hiftory  of  the  Ufccques  ; 
 and  another  little  trad  De  Jure  Afylou  Petri  Sarpi 
 Juris,  which  is  the  name  the  Father  was  known 
 by  abroad. ;  and,  by  order  of  the  Senate,  he  ccm- 
 pofed  a  treatife  of  the  immunity  of  ccr.fecrated 
 places  in  the  dominions  of  Venice,  with  the  par- 
 ticular laws  and  treaties  made  with  the  Popes  ;  and 
 another  long  manufcript  treating  of  the  office  of 
 inquifition  at  Venice,  which,  tho'  of  particular  ufe 
 to  that  Republic,  who  kept  it  up  a  long  time  zs  a 
 jewel,  was  nevertheless  publinVd  at  lafr,  and  proves 
 pf  generai  ufe  to  mankind.  About  the  fame  time, 
 a  m  treatife  of  the  interdici  was  compiled  by  him, 
 and  the  fix  other  divines  which  were  then  employ *d 
 by  the  Commonwealth  to  examine  their  difference 
 with  the  Pope. 
 
 He  took  fo  much  pains  to  be  inform 'd  of  all  the 
 proceedings  of  tfie, Council  of  Trent  from  minifters 
 wJip  were  pre  (enti  ai  it,  that  'tis  not  to  be  doubted 
 
 but 
 
Father    P AV  L       xxv 
 
 but  he  was  the  author  of  the  celebrated  hiftory  of 
 that  Council,  which  was  divided  into  eight  books, 
 printed  firft  in  Italian  at  London,  and  afterwards 
 tranflated  into  all  the  moft  common  languages  of 
 Europe,  under  the  name  of  Pietro  Soave  Potano,  the 
 anagram  of  which  is  Paolo  Sarpio  Veneto,  the  chrif- 
 tian  and  firname  of  our  Father. 
 
 He  was  about  compofing  a  treatife  of  the  Poiver 
 cf  Princes,  to  be  divided  into  206  chapters,  which, 
 Fulgentio  fays,  bid  fair  to  be  one  of  the  moft  impor- 
 tant compofitions  in  the  world  ;  but  he  does  not  tell 
 us  that  he  went  any  further  in  it  than  three  chapters, 
 and  thefe  he  gave  to  the  moft  illuftrious  lord  George 
 Contarmi,  a  man  of  fine  wit  and  judgment,  who  could 
 never  be  prevailed  on  to  part  with  them  out  of  his 
 hands  ;  for  he  had  fuch  an  efteem  for  the  Father, 
 that  as  he  was  almoft  ready  to  adore  him  while 
 living,  fo  no  man  (tho'  others  were  obliged  in  gra- 
 titude to  have  done  much  more)  was  fo  zealous  as 
 he  to  honour  him  when  dead  ;  for  he  had  his  image 
 graved  in  mother  of  pearl ,  caft  in  brafs  ;  and 
 not  content  with  this,  intended,  if  he  had  liv'd,  to 
 have  had  it  likewife  done  in  marble. 
 
 The  Father  fo  nobly  defended  the  caufe  of  the 
 Republic,  that  notwithftanding  his  wonderful  mo- 
 defty,  he  became  the  butt  of  ail  the  poifonM  arrows 
 of  ilanderous  libellers,  never  man  being  loaded  with 
 more  heavy  curfes  or  more  impudent  fallhoods;  yet 
 like  a  man  never  provoked,  he  chofe  to  go  on  defen- 
 ding a  good  caufe,  rather  than  to  anfwer  a  bad  one 
 by  recrimination,*  for  he  kept  all  the  laws  of  a  true 
 divine,  and  had  always  a  due  regard  to  the  apofto- 
 lic  See,  and  to  the  pontifical  dignity  and  authority- 
 
 On  the  other  hand,  there  were  not  wanting  thofe, 
 at  that  time,   who  took  up  the  quill  in  vindication 
 
 both 
 
xxvi        The  LIFE  of 
 
 both  of  the  ferene  Republic  and  the  defenders  of 
 her  caufe  ;  but  Father  Paul,  with  his  fix  collegues, 
 did,  by  public  command,  examine  in  a  canonical 
 way  every  thing  that  was  committed  to  the  prefs, 
 to  the  end  that  as  little  offence  as  poffible  might  be 
 given  to  the  Court  of  Rome  ;   fo  that  many  things 
 written  on   the  fide  of  the  Republic  were  never 
 furTer'd  to  fee  the  light  :    And  Fulgentio  remembers 
 it,* to  the  eternal  honour  of  the  Republic,    that 
 they  alfo  deputed  three  of  the  greateft  fenators 
 they  had,    for  age,   for  merit,   and  for  dignity, 
 whofe  buflnefs  was,  after  the  divines  had  made  their 
 report,  to  review  every  thing  with  the  niceft  cir- 
 cumfpe&ion  before  it  went  to  the  prefs,  that  nothing 
 might  be  publifh'd  which  was  either  impertinent  to 
 the  caufe  of  the  Venetians,  or  ofìènfive  to  the  See  of 
 Rome,  whofe  writers,  on  the  other  hand,  kept  no 
 manner  of  decorum,  infomuch  that  Fulgentio  him- 
 felf  could  not  forbear  confefling,  that  it  was  noioriom 
 to  the  whole  world,   that  they  fixd  an  indelible  fcandal 
 on  the  Romifh  religion,  by  fujhing  matters  to  that  pafs,  as 
 if  felf-intereft  and  ambition  were  its  governing  principles. 
 The  Father  was  fo  far  from  difputing  the  legal 
 immunities  of  the  Romijh  Church  and  Clergy,  or 
 from  advifing  any  thing  prejudicial  to  the  lawful 
 authority  of  the  See  of  Rome,  that  'tis  well  known 
 he  always  ipoke  and  wrote  of  the  Popes,  and  their 
 See,  with  the  greateft  reverence  ;  and  that  with 
 wonderful  wifdom  and  addrefs  he  often  temper'd 
 that  zeal  and  pafTion,  with  which  even  the  moft 
 moderate  of  the  citizens  were  apt  to  be  inflam'd 
 againfi  thole  that  quarrell'd  with  their  jurifdiótion. 
 Yet  for  all  this  he  had  a  citation  to  Rome,  to  give 
 an  account  ot  his  writings,  which  he  anfwer'd  by  a 
 manifefto,  proving  the  nullity  of  the  (aid  citation, 
 a::d  that  ne  was  obliged  not  to  go  to  Rome.  Which 
 
 anfwer 
 
Father   P  AV  L.     xxvii 
 
 anfwer  was  printed  and  publifhed  in  fpite  of  that 
 court,  (who  did  all  they  could  to  prevent  it)  and 
 was  never  yet  confuted.  Neverthelefs  he  went  to 
 Rome,  which  was  in  the  55th  year  of  his  age  ;  but 
 no  lawful  reafon  was  ever  afligned  to  declare  him 
 obnoxious  to  the  ecclefiaftical  penalties  or  cenfures, 
 and  he  drew  up  a  writing,  which  was  afterwards 
 known  to  be  prefented  to  the  pope,  wherein  he 
 collected  the  many  heretical  and  tyrannical  doctrines 
 held  by  the  champions  of  the  papal  fee.  He  like- 
 wife  offer'd  to  difpute  with  any  one  of  his  adver- 
 faries,  and  to  retract  whatever  he  had  afferted,  as 
 foon  as  caufe  fhould  be  fhewn  for  his  fo  doing, 
 if  he  might  be  allowed  a  place  of  fecuriry ,  and 
 his  enemies  at  that  court  would  decline  their  en- 
 fnaring  way  of  citing  him,  £s  if  he  had  been  guilty 
 of  advancing  proportions  that  were  heretical,  fcan- 
 dalous,  erroneous,  offenfive  to  godly  ears,  and  the 
 like. 
 
 During  this  it  feems  the  Father,  by  order  of  the 
 fiate  of  Venice,  wrote  a  treatife  fhewing  with  what 
 devotion  the  fenate  conducted  themfelves  amidft 
 their  continual  provocations  towards  both  the  re- 
 ligion and  the  pope  of  Rome,  and  with  what  wif- 
 dom  and  clemency  towards  their  own  fubjects; 
 which  traci:  Fulgentio  gives  us  to  underftand  was 
 printed  firft  in  Italy ,  and  reprinted  in  France  ;  but 
 he  does  not  tell  us  its  title. 
 
 The  court  of  Rome,  in  the  mean  time,  finding 
 all  other  methods  fail,  try'd  to  corrupt  the  feven 
 divines  ;  and  what  with  promifes  on  the  one  hand, 
 and  threatnings  on  the  other,  they  debauch'd  two 
 of  them  fo  far,  that,  contrary  to  their  confciences, 
 they  quite  deferted  the  caufe  of  the  republic.  The 
 pope  gave  a  particular  charge  to  his  emiflarics,  one 
 of  whom  was  general  of  the  order  of  Servi,   to 
 
 clofet 
 
xxviii      The    LIFE    of 
 
 clofet  both  the  friers  Paul  and  Fulgentio  ;  but  they 
 knew  beforehand  that  Father  Paul  was  proof  againft 
 all  allurements  or  terrors,  and  therefore  they  durft 
 not  tamper  with  him  ;  nor  does  it  appear  they  were 
 able  to  do  any  good  with  Fulgentio- 
 
 In  the  beginning  of  the  year  1607,  there  was  an 
 accommodation  betwixt  the  pope  and  the  republic, 
 which  was  mediated  by  the  French  king,  and  in 
 •which  Father  Faul  could  not  but  be  included,  the  ra- 
 ther becaufe  the  pope  faid  that  he  had  given  his 
 bleffing  to  all,  and  confented  that  what  had  pafs'd 
 fhould  be  buried  in  oblivion. 
 
 The  Father  knowing  the  integrity  of  his  own 
 heart,  thought  he  might  fafely  rely  on  the  pope's 
 promifes  ;  but  foon  after  the  famous  Gafpar  Schiop- 
 po came  from  Rome  to  tell  him  that  the  pope  ow'd 
 him  a  deep  grudge,  which  he  would  certainly  feel 
 one  day  or  other  with  a  vengeance,  adding  that  the 
 Father's  life  was  in  the  pope's  hands,   who  was  re- 
 folved  to  have  him  brought  alive  from  Venice  to 
 Rome  ;  but  that  if  the  Father  pleafed,  he  (Schioppio) 
 would  endeavour  to  make  his  peace  for  him.     To 
 this  the  Father  anfwered,  "  that  he  had  given  the 
 cc  pope  no  juft  caufe  of  offence  ,-  that  he  was  forry 
 cc  he  fhould  be  difpleafed  with  what  defence  he  had 
 cc  made  :  That  as  all  counfellorsof  fiate  are  fuppofed 
 "  to  be  included  in  treaties  with  their  fovereigns, 
 Cc  fo  he,  the  Father,   was  individually  comprehen- 
 *?  ded  in  the  accommodation  ,-   and  that  he  cotild 
 iC  not  fuppofe  fo  great  a  prince  would  fo  far  violate 
 c  the  public  faith  ;  but  that  as  for  any  deftgn  upon 
 "  his  life,    it  would  never  break  his  reft:    That 
 "  great  princes,  not  fuch  mean  fubjefts  as  he,  were 
 cxpofed  to  afiafTmations  ;  but  that  if  fuch  a  plot 
 c  was"  laid.againft  him,  he  was  ready  to  fubmit  to 
 (<  the  will  of  God  i  and  Aat  he  was  not  fo  great  a 
 
 irranger 
 
Father    PAVL.     xxix 
 
 <c  ftranger  to  human  nature,  as  either  to  defire  life, 
 u  or  fear  death,  more  than  was  neceffary  ,•  adding, 
 "  that  tho'  he  mould  be  carried  alive  to  Rome,  yet 
 cc  all  the  power  of  the  pope  would  not  be  ftrong 
 *  enough  to  make  another  man  take  away  his  life; 
 Cc  but  that  in  fuch  a  cafe  he  was  refolved  to  be  his 
 ?  own  executioner.  "  For  the  reft  he  thank'd  Schiop- 
 po for  his  good  wifhes  ;  but  was  fo  refigned  to  the 
 will  of  God,  and  trufted  fo  much  in  his  innocency, 
 that  he  took  no  thought  of  his  own  fafety  ,  con- 
 fidering  that  his  caufe  and  interefls  wrere  wholly  in- 
 feparable  from  thofe  of  the  republic. 
 
 Sckioppio  returning  to  Rome,  reported  that  he  had 
 found  Father  Paul  nee  indo&um  nee  tumidum. 
 
 It  feems  that  Schioppio  had  good  grounds  for  what 
 he  faid,  fince  it  was  not  long  after  that  the  lords  in- 
 quifitors  of  the  fiate  of  Venice,  to  whom  many  fe- 
 crets  are  ufually  made  known,  gave  him  intimation 
 that  a  defign  was  actually  formed  againft  his  life, 
 and  often  warned  him  to  be  upon  his  guard  ;  but 
 the  Father,  who  was  fo  good  himfelf,  that  he  did 
 not  think  it  poflible  for  any  body  to  be  fo  wicked, 
 feem'd  to  take  no  more  care  of  himfelf  than  as  if 
 the  whole  had  been  a  dream ,  '  and  always  ufed  to 
 fay ,  that  it  was  all  one  to  him  which  way  he 
 died  ;  but  that  he  was  refolved  death  mould  never 
 furprize  him  unprepared. 
 
 The  Father  thought,  without  doubt,  that  when 
 the  heat  of  the  controverfy  was  over,  no  man  could 
 be  fo  profligate  as  to  entertain  fuch  a  hellifh  dcfign, 
 efpecially  after  fo  folemn  an  accommodation  ;  and 
 that  all  princes  have  learned  men  enough  about 
 them  to  defend  their  actions. without  employing 
 cut-throats.  But  he  found  his  miftake  to  his  own 
 coft  ;  for  about  (ix  months  after  the  accommodation, 
 it  came  to  pafs  that  as  the  Father  was  returning 
 
 home 
 
xxx         The    LIFE    of 
 
 home  to  his  convent ,   on  the  ifl  of  OEtober,  about 
 three  in  the  afternoon,  he  was  afTaulted  by  rive 
 aflaffins ,   who  with  ftilletto's  or  daggers  gave  him 
 two  wounds  in  the  neck,-  and  another,  which  enter- 
 ing at  the  right  ear,   came  out  again  betwixt  his 
 nofe  and  his  right  cheek.    'Tis  remarkable  that  fot 
 above  three  months  before,  the  Father  was  alway$ 
 attended,   except  that  very  evening,    by  his  friend 
 Fulgentio ,  and  another  flout  frier,  befides  the  frier 
 who  was  his  fervant  ;  but  then  it  happened  he  had 
 no  body  with  him  but  his  fervant,   who  was  feiz'd 
 and  bound  by  one  of  the  Ruffians,    while  another 
 gave  the  Father  his  wounds-     The  aflaflìns  left  a 
 dagger  flicking  in  the  Father's  head ,   and  thinking 
 they  had  difpatcr/d  him  ,   fled  immediately  to  the 
 water-fide,  where  a  gondola  lay  ready  to  carry  them 
 to  the  houfe  of  the  pope's  nuncio,   then  redding  at 
 Venice,  and  from  thence  they  crofs'd  over  in  a  boat 
 with  ten  oars  well  armed  to  the  oppofite  fhore  ; 
 but   the  Venetians  in  the    mean  time  hearing  that 
 they  had  fhelter  firfl  from  the  nuncio,  went  in  great 
 numbers  and  furrounded  his  houfe,    making  fuch 
 reproachful  outcries  t  that  the  nuncio  was  in  great 
 danger  of  his  life  ;   and  the  council  of  ten  were 
 obliged  to  fend  him  a  flrong  guard  to  prevent  worfe 
 confequences.     The  chief  conductor  of  the  plot  was 
 Ridolfa  Poma,  once  a  reputable  merchant  at  Venice  ; 
 but  failing,   retired  to  Naples,   and  from  thence  to 
 Rome,  where  he  was  well  enough  refpecled,  and  es- 
 pecially by  the  cardinal  Borghefi,  who  carry 'd  him 
 to  his  uncle  the  pope,  from  whom  he  had  a  promife 
 that  two  of  his  daughters,    whom  he  had  left  at 
 Venice,    mould  be  admitted  into  a  nunnery  there; 
 and  at  the  fame  time  this  Poma  furprized  fome  of 
 his  friends,  by  telling  them,  that  e're  long  they  would 
 fee  him  in  a  gallant  condition;  and  one  might  have 
 
 guefs'd 
 
Father    TAVL-      xxxi 
 
 guefs'd  by  his  letters  that  he  thought  of  nothing 
 lefs  than  a  cardinal's  cap.  The  reft  of  the  gang 
 were  either  exiles  or  vagabonds,  except  their  fpy, 
 who  was  a  prieft  that  officiated  in  Trinity  Church 
 in  Venice,  who  in  the  preceding  Lent  feafon  ufed  to 
 go  every  morning  to  the  convent  of  Servi,  on  pre- 
 tence of  being  charmed  with  Father  Fulgentio's  fer- 
 mons ,  and  conferr'd  with  him  every  day  almoft 
 about  his  foul  and  fcruples  of  confcience  ;  from  all 
 which  Fulgentio  infers  that  this  plot  had  been  hatch- 
 ing many  months  before  it  came  to  light ,  and  ob- 
 ferves  very  juftly  how  often  religion  is  made  a  Halt- 
 ing horfe  to  the  greateft  wickednefs. 
 
 It  was  faid  that  Ridolfo  Poma ,  when  he  fet  out 
 with  his  accomplices  for  Venice,  took  up  1000 
 crowns  at  the  chamber  of  Ancona  ;  and  that  going  to 
 Ravenna  after  the  fad,  with  news  that  Father  Paul 
 was  killed,  he  was  honourably  welcomed,  and  had 
 iooo  crowns  more  from  the  chamber  of  that  city. 
 There  he  got  a  coach  and  a  guard  of  musketeers, 
 with  whom  he  travelled  in  a  kind  of  triumph,  being 
 carefs'd  in  all  places  by  the  governors,  till  he  came 
 to  Ancona,  where  the  report  being  arrived  before 
 him,  that  Father  Paul  was  not  dead,  tho*  wounded , 
 his  glory  was  in  fome  meafure  eclipfed;  and  pro- 
 ceeding with  his  confederates  to  Rome ,  they  were 
 promifed  a  penfion,  but  had  none  ;  and  every  one 
 of  them  came  to  a  miferable  end,  convinced  of  the 
 truth  of  the  maxim,  that  princes,  tho'  they  love  the 
 treafon,  hate  the  traytors. 
 
 The  firft  thing  that  Father  Paul  did,  after  being 
 put  to  bed,  and  his  wounds  drefled,  was  to  prepare 
 his  foul  for  God  ;  and  next  morning  he  received 
 the  communion  with  feveral  of  the  Fathers  ,  who 
 could  not  refrain  from  tears,  efpecially  when  he 
 beg'd  them  to  excufe  him  from  talking  much,   be- 
 
 caufe 
 
xxxii      The    LIFE   of 
 
 caufe  of  his  wounds.  He  faid  to  the  avogador,  cr 
 advocate  ,  who ,  according  to  the  law  of  Venice, 
 went  to  take  his  information,  that  he  had  no  enemy 
 that  he  knew  of  ;  that  he  forgave  the  afiaftin,  who- 
 ever he  was,  from  the  bottom  of  his  foul,  and 
 therefore  he  often  beg'd  the  high  council  that  they 
 would  inquire  no  farther  into  the  fad: ,  than  what 
 might  ferve  to  defend  him  better  hereafter,  if  it 
 foould  pleafe  God  to  prolong  his  life.  Thus  he 
 behav'd  both  as  a  true  chriftian  and  a  philofopher, 
 by  rooting  out  of  his  foul  the  feeds  of  revenge,  that 
 principle  of  favage  juftice,  which  is  fo  deeply  im- 
 planted in  human  nature. 
 
 When  the  general  of  his  order,  Philip  Alejjandrino, 
 heard  of  what  had  happened  to  the  Father,  he  was 
 for  a  while  fpeechlefs.  The  Father  defired  only  one 
 chirurgeon  to  attend  him  -,  but  almofl  all  the  famous 
 phyficians  and  chirurgeons  in  Venice  were  fent  to  take 
 care  of  him  ,  befides  others  from  Padua  ;  among 
 whom  was  his  old  friend  and  admirer  Aquapendente> 
 who  was  ordered  not  to  depart  from  the  convent, 
 till  it  fhould  appear  whether  he  was  for  life  or 
 death ,  which  remained  for  a  long  time  doubt- 
 ful ;  for  as  he  was,  when  at  bei?,  little  more 
 than  a  moving  skeleton,  fo  had  he  loft  fuch  a  quan- 
 tity of  blood,  that  for  above  20  days  he  could  hard- 
 ly ftir  his  hand. 
 
 The  number  of  his  phyficians ,  a  mifery  com- 
 mon to  great  perfons ,  added  to  his  affliction  ;  for 
 fome  were  of  opinion  the  wounds  were  given  by  a 
 poifoned  weapon,  becaufe  of  the  blacknefs  of  their 
 orifice  ;  fome  thought  that  the  inflammations  pro- 
 ceeded from  the  treacle  in  the  medicaments  ;  and 
 others  were  for  making  ufe  of  fcarification  ; 
 fo  that  upon  the  whole  he  fuffered  as  much 
 from    his  phyficians  as  from  his  wounds.      He 
 
 endured 
 
Father    T A  V  L.     xxxiii 
 
 endured  incredible  torture ,  by  the  taking  off  his 
 p]  aiders,  and  dilating  the  orifices,-  and  the  bone  of 
 his  upper  jaw  being  broken  ,  occafion'd  inflamma- 
 tions, which  frequently  threw  him  into  Fevers. till 
 it  was  healed  ;  yet  for  all  this,  he  behaved  with  his 
 ufual  piety  and  conftancy,  and  was  even  merry 
 fometimes  in  the  extremity  of  his  pain;  oi  which 
 Fulgentw  gives  us  this  Angular  inftance,  vfe.  That 
 once  when  his  wounds  were  d  re  ili  ng,  and  no  lefs  than 
 a  dozen  phyficians  and  chjrurgeons  attending  him, 
 Aquapendente  fa  id,  the  greatefl  wound  was  not  yet  cured; 
 to  which  the  Father  reply'd  immediately,  Ay,  but 
 the  world  will  have  it  that  it  was  given  STTLO  RQ~ 
 MANAE  CURIAE,  which  fet  them  all  a  laugh- 
 ing. And  the  fame  night  being  in  bed  ,  and  told 
 that  the  dagger  was  in  the  room  which  the  Ruffians 
 left  flicking  in  his  head,  he  defired  to  fee  it,  and 
 feeling  it  with  his  fingers,  faid  it  was  not  filed.  He 
 that  pulled  the  dagger  out  of  his  wound  would  fain 
 have  kept  it  as  his  due,  but  confentedthat  it  fhould 
 be  preferved  as  a  public  memorial  of  the  divine 
 goodnefs  to  the  Father  ;  and  that  therefore  it  fhould 
 be  hung  at  the  feet  of  a  crucifix  in  the  church  of  the 
 Servi,  where  it  was  accordingly  placed  with  this 
 infeription,    DEI  FILIO    LIBERATORI 
 
 3Tis  remarkable,  that  the  Father  feem/d  very 
 much  concerned,  for  fear  that  the  affaflins,  when  ap- 
 prehended, fhould  confefs  fomething  that  mightf 
 give  (bandai  to  the  world;  and  prejudice  to  reli- 
 gion. 
 
 'Tis  farther  obfervable,  that  the  day  after  the 
 Father  was  wounded,  hearing  of  the  death  of  hi- 
 de Ma'tffe,  it  fo  much  afrecied  him,  that  he  could  not 
 forbear  expteffing  himfelf  on  that  occafion  to  Peter 
 Ajjelineau  after  this^rianner  :  We  have  lofi  our  dear 
 F,  tend  Mi  de  Maiffe.     'this  is  a  wound  which  admits  no 
 
 e  remedy  i 
 
xxxiv        The  LIFE  of 
 
 remedy  ;  but  in  this  frail  fiate  we  mufi  expeci  either  to  be 
 fpeElatorSy  or  afpefiacle. 
 
 It  is  now  high  time  to  give  an  account  how  this 
 villanous  attempt  upon  the  Father  was  refented  by 
 the  mod  ferene  the  Doge  and  Senate  of  Venice. 
 
 The  Senate  being  alTembled  when  the  news  came, 
 immediately  broke  up  in  a  mighty  confternation, 
 an4  the  Council  of  Ten  fitting  at  the  fame  time, 
 there  was  that  evening  as  great  a  concourfe  of  fena- 
 tors  in  the  convent  of  Servis  as  if  they  had  in- 
 tended to  have  held  the  fenate  there.  They  fent 
 money  to  the  monafiery  to  defray  the  charge  of  his 
 cure  ,.  deputed  perfons  of  note  every  day  to  vifit 
 him,  commanded  the  phyficians  to  report  his  con- 
 dition to  them,  from  time  to  time ,  and  rewarded 
 Signior  Aquafendeme  in  particular  with  the  honour 
 of  knighthood,  and  a  rich  chain  and  medals,  for 
 constantly  attending  his  patient.  At  the  fame  time 
 every  thing  imaginable  was  done  for  the  father's 
 future  fecurjry.  The ■  murcherers,  who  were  pre- 
 fently  known,  were  iiibjected  to  the  fevereil  decree 
 of  banimment  that  the  fupreme  Council  ever  pafs'd 
 for  the  worft  of  crimes  ;  and  proclamations  were 
 printed,  with  ample  rewards  for  all  fuch  as  mould 
 difcover  any  future  confpiracies  formed  againh:  the 
 Father's  life,  and  the  fame  for  killing  or  apprehen- 
 ding thofe  who  made  the  attempt.  They  alfo  or- 
 der'd  an  allowance,  at  the  public  charge,  to  main- 
 tain a  guard  for  him,  that  mould  have  the  liberty 
 of  bearing  arms  of  any  kind,  and  appointed  him  a 
 houfe  at  St.  Mark's,  where  he  might  fpend  his  days 
 in  fecurity.  But  the  Father  refolving  never  to  quit 
 his  monaftic  life,  petitioned  that  he  might  be  per- 
 mitted to  continue  in  his  monaitery,  where  he  had 
 liv'd  fo  long,  that  he  faid  it  was  become  his  n 
 ral  element,  and  that  he  could  not  tell  how  t< 
 
Father    P  A  V  L.     xxxv 
 
 out  of  ir.  In  this  the  government  were  pleas'd 
 to  gratify  him,  only  they  caused  Tome  additions  to 
 be  made  to  his  apartment,  from  whence,  by  a 
 finali  gallery  and  fteps,  he  had  the  conveniency  to 
 take  boat  ;  then  palling  through  Mercer3  i- ft  reet  he  ar- 
 rived at  St. Mark'*.}  and  returning  the  fame  way,  as 
 he  fometimes  did  by  night,  from  the  public  fervice 
 to  his  mcnaftery,  he  avoided  the  blind  alleys  m 
 which  lie  was  liable  to  be  way-laic.  And  during 
 the  remaining  fixteen  years  of  his  life,  he  feldom  or 
 never  converse  out  of  his  chamber,  except  ac 
 Church,  in  the  Refectory,  or  other  public  places. 
 
 Ke  fpent  the  refidue  of  his  life  in  holy  medita- 
 tions, and  in  the  moil  iiudious  application  to  the 
 fervice  of  the  State,  or  his  neighbours  ;  for  in  ali 
 forts  of  caufes,  even  of  the  greated  diinculty, 
 as  teflaments,  marriages,  infeeffments,  heredita- 
 ments, and  arbitrations,  they  came  to  him  for  ad- 
 vice from  ail  parts  of  the  Republic  >  and  he  gave 
 mild  and  folid  anfwers  to  all,  and  with  as  much 
 readineis  as  if  he  had  been  every  man's  advocate, 
 and  as  it  he  had  never  ftudy'd  any  thing  but 
 the  point  in  queition;  for  tho' his  anfwers  and 
 refolutions  were  furprizingly  quick,  yet  they  feem'd 
 to  be  the  effect  of  mature  deliberation,  and  not 
 capable  of  being  rendered  better.  In  eccleiiaftic 
 controverse s  efpecially  he  was  eileem'd  an  oracie, 
 infomuch  that  when  univerilties  and  colleges  were 
 confulted,  if  the  Father  was  of  a  different  opinion, 
 his  had  always  the  preference:  And  \is  yet  more 
 admirable,  that  in  the  various  and  intricate  affairs 
 of  benefices,  and  other  kinds  of  ecclefiauical  cor.- 
 troverfies  which  came  before  him,  even  the  Couit 
 of  Rome  could  never  find  any  thing  in  his  judgmen  s 
 worthy  of  cenfure  ;  and  Fulge-mo  defies  all  th;t 
 knew  the  Father,  to  prove  that  he  ever  err\i  in  his 
 
 c  2  dcciiionsj 
 
xxxvi        The   LIFE  of 
 
 decifions  ;  adding,  that  how  hyperbolical  foevcr  it 
 may  feem  to  the  reader,  this,  and  even  more  than 
 can  poffibly  be  exprefs'd,  is  faci:. 
 
 Tho'  he  took  above  ten  times  the  pains  that 
 others  of  his  faculty  did,»  who  got  good  eftates, 
 yet  he  never  took  a  fee  or  gratuity  from  any  perfon 
 what  foe  ver  :  What  time  he  had  to  fpare  from  the 
 fervjce  of  God  and  the  publio,  he  apply'd  to  the 
 mathematics,  or  employ 'd  it  in  reading  the  New 
 Teftament  and  moral  philofophy.  Thus  was  his 
 life  compofed  of  the  active  and  the  contemplative, 
 always  yielding  to  God  what  he  could,  and  to  his 
 prince  and  country  what  he  ought,  and  even  more 
 than  he  was  obligM  to  by  any  law,  befides  that  of 
 charity. 
 
 But  from  the  firfl  to  the  lafl  he  was  revifd  by 
 many,  for  no  other  reafon  than  to  ingratiate  them- 
 felves  with  the  Court  of  Rome.  For  this  end  they 
 gave  out  that  he  oppofed  the  order  of  Priefthood, 
 that  he  always  declaimed  againii:  ecclefiaftical  jurif- 
 diclion,  and  exalted  the  power  of  fecular  Princes 
 more  than  was  neceflary  ;  tho'  the  contrary  will  evi- 
 dently appear  from  his  following  treatife  of  the 
 Rights  of  Sovereigns,  and  that  he  was  a  perpetual 
 advocate  for  the  jurifdic~tion  and  liberty  of  the 
 Church,  that  Church  which  his  friend  Fulgentio  calls 
 "  the  true  canonical  and  legal  Church  ;  not  that 
 H  (fays  he)  which  is  now  ufurp'd  and  employed  to 
 w  the  fubverfion  of  public  government,  and  of  reli- 
 <c  gion  itfelfi  becaitfe  the  Father  always  affirm'd 
 "  that  he  was  fure  nothing  fo  much  cbftruc1:ed  the 
 H  progrefs  of  the  (Roman)  catholic  religion,  and 
 cc  occafion'd  fo  deplorable  a  divifion  among  its  pro- 
 <v"  fefìòrs,  as  the  extending  the  ecclefiaftical  liber- 
 M  ties  into  licefife- 
 
 Oii 
 
Father    P  A  V  L.     xxxvii 
 
 On  the  other  hand  the  Father  has  not  fpar'd,  in 
 many  of  his  writings,  to  cenfure  Princes  for  neg- 
 lecting the  prefervation  of  the  jurifdiciion  and  power 
 granted  them  by  God  ;  and  he  blames  their  igno- 
 rant zeal,  in  flittering  fo  great  a  part  of  their  power 
 to  be  ufurp'd,  and  thereby  patting  themfelves  out 
 of  a  capacity  to  rule  the  people  committed  to  their 
 charge,  without  altering  the  form  of  government  ; 
 which  negligence  of  princes,  in  this  particular,  Fui- 
 gentio  himfelf  aflerts  to  have  been  pernicious  to  the 
 Church  of  God  and  all  the  ecclefiaftical  order. 
 
 Father  Paul,  far  from  fowing  diflention  in  the 
 Church,  as  his  enemies  objected,  always  bewail'd  it 
 as  the  true  fource  of  all  thofe  mifchiefs  which  have 
 brought  into  the  Church  the  moil  political  worldly 
 form  of  government  that  ever  was,  and  which  have 
 interefted  the  clergy  in  things  not  only  different 
 from,  but  contrary  to  the  minihxrial  inftitution  of 
 Chrifty  and  fuch  as  keep  chriftendom  in  perpetual 
 difcord.     He  held,  that  the  divifions  of  his  day 
 among   chriflians  were  irrevocable  by  any  other 
 means  than  the  almighty  hand  of  God  ;  and  that 
 they  proceeded  not  fo  much  from  obftinacy  in   di- 
 verflty  of  opinions  and  contrariety  of  doctrine,  as 
 from  the  ftrife  about  jurifdich'on,  which  afterwards 
 degenerating,  and  growing  into  factions,  put  on  the 
 mask  of  religion. 
 
 Mean  time  this  hatred  againft.  Father  Paul  being 
 daily  nouriuVd,  grew  up  into  another  plot  againft 
 his  life,  in  the  year  1609,  which  was  laid  and  detec- 
 ted as  follows.  Bernardo,  a  frier  of  Perugia,  having 
 insinuated  himfelf  into  the  affection  of  Cardinal 
 Borgbefe,  by  fome  fervices  that  he  did  him  formerly, 
 which  were  very  acceptable  to  the  common  gufi:  of 
 youth,  went  afterwards  to  Róme,  where  he  was 
 made  much  of  by  the  Cardinal,    and  fent   John 
 
 c  3  Fraucefoip 
 
xxxviii         The  LIFE  of 
 
 fraticefco.  another  Perugian  frier,  to  the  university 
 ot  Padua,  on  pretence  of  being  a  ftudent.  From 
 thence  he  us'd  to  go  to  the  Servites  College  in 
 Venice,  where  he  contracted  an  acquaintance  with 
 trier  Anthony  of  Viterbo,  who  was  very  familiar 
 with  Father  Paul,  and  ferv'd  him  as  a  writer. 
 The  Father  obferv'd  a  clofe  correfpondence  be- 
 twixt them,  which  he  fufpected  was  not  lawful  ; 
 therefore  he  forbad  Francefco  to  come  thither  again , 
 and  told  his  amanuenfis  Antonio,  that  he  muft  not 
 expect  to  enter  his  chambers,  ii  he  had  any  more 
 to  do  with  him.  Neverthelefs  they  itili  carry 3d  on 
 a  private  correfpondence,  by  letters  fent  to  Antonio 
 by  a  Jew,  one  of  which  being  intercepted,  when 
 Antonio  was  not  at  home,  and  carry  M  to  the  Fa- 
 ther, gave  a  ftrong  fufpicion  that  fome  mifchief  was 
 a  hatching,-  and  it  was  foon  after  confirmed,  by  a 
 packet  of  letters  dropt  in  the  veftry,  where  they 
 had  had  a  meeting  at  break  of  day.  The  Sacriftan 
 immediately  carry 'd  the  packet  to  Father  Fulgentio, 
 who  found  the  letters  in  cyphers,  and  fuppos'd  they 
 contained  fome  bufinefs  of  no  fmall  importance,  be- 
 caufe  Bernardo  had  written  to  Francefco,  to  folicit 
 Antonio  to  difpatch  the  Quadragefimale;  lìnee  that 
 not  only  the  400  crowns  were  ready,  and  fhould  be 
 put  into  his  hands,  but  that  the  1 2000,  and  more 
 too,  were  as  ready  and  fare.  In  fome  of  them  he 
 faid,  a  That  Signior  Padre,  and  others,  by  whom 
 c:  were  meant  perfons  not  inferior  to  Cardinals,  did 
 c:  all  of  em  delire  the  Quadragefimale  ;  that  the 
 c:  Father  General  of  the  Servi  bid  him  not  doubt 
 €;  of  being  canon iz'd  ;  that  Signior  Padre  had  caufed 
 cc  all  other  Inkers  to  withdraw  to  give  him  au- 
 cc  dience  :"  With  many  inch  particulars.  Which 
 Win™  made  Known  to  Father  Patti,  he  prefently 
 fmoak'J  their  deiign,  and  immediately  diimifs'd  An- 
 tonio 
 
Father    P  A  V  L.     xxxix 
 
 tonto  from  his  chamber  and  the  convent,   but  dehYd 
 Fulgentio  to  fay  nothing  at  ail  of  the  matter,  till  it 
 was  poflible  to  come  at  the  whole  fecret  of  the  con- 
 trivance.    But  Fulgentio  carry 'd  the  letters,  without 
 any  more  ado,  to  the  inquiiitors  of  the  State  ;  and 
 telling  how  he  came  by  them,  Francesco  and  Antonio 
 both  were  apprehended.     It  appear'd  by  the  coun- 
 ter-cypher, that  the  Quad ragefi male  was  the  word 
 for  the» three  methods  by  which  they  intended  to 
 take  away  his  life:  One  was,  that  whereas  the  Fa- 
 ther had  a  relaxation  of  the  Sphincter  aniy  and  was 
 obliged  to  keep  that  part  fhav'd  once  a  week,  which 
 he  would  admit  no  body  to  do  but  his  fervane  the 
 frier  Antonio  \  that  therefore  Antonio  fhould  take  that 
 opportunity   to   give   him  a  mortal  cut  with  his 
 razor  ;  but  the  frier  dehYd  to  be  excused  from  this, 
 in  a  letter  to  Rome,   wherein  he  affirm'd  that  the 
 very  fight  of  blood  naturally  made  him  fwoon. 
 
 The  fecond  was  a  defign  of  poifon,  by  which, 
 faid  they,  'tis  poflible  with  one  bean  to  catch  two 
 pidgeons,  viz*  Father  Paul  and  his  frknd  Fulgentio. 
 But  this,  tho'  better  hVd  by  Antonio  than  the  for- 
 mer, was  attended  with  fuch  difficulties  that  it  was 
 not  practicable. 
 
 The  third,  on  which  they  rely'd  moft,  was,  that 
 frier  Antonio  fhould  take  the  print  of  the  keys  of 
 the  Father's  chamber  in  wax,  in  order  to  make  falfe 
 keys,  thereby  to  introduce  the  murderers  by  night. 
 But  the  whole  was  detected  and  prevented  in  the 
 manner  above  mention'd. 
 
 The  Council  of  Ten  being  refolv'd  to  fearch  to 
 the  bottom  of  it,  fentene'd  father  Francis  to  be 
 hang'd,  with  this  alternative,  that  if  he  made  a  full 
 difcovery  of  the  whole  plot,  and  explain'd  all  the 
 letters,  that  then.he  fhould  only  be  punifh'd  with  a 
 year's  imprifonment,  and  after  that,  perpetual  ba- 
 c  4  niihmenr 
 
xl  The  LI  FE  of 
 
 nimment  from  the  Venetian  dominions.  And  accor* 
 dì  :giy  he  chcfe  to  make  a  full  difcovery,  even  of 
 jmre  fads  than  were  publickly  known,  the  govern- 
 ment having  fuch  a  regard  to  religion,  that  they 
 thought  fit  to  conceal  every  thing  that  did  not  ma- 
 nifeftly  tend  to  interrupt  the  execution  of  their  mild 
 ya  ilice. 
 
 But  fo  good  natur'd  was  Father  Paul,  that  he 
 often*beg'd  upon  his  knees,  that  for  his  own  fake, 
 who  had  done  the  Republic  fuch  eminent  fervices,  his 
 enemies  might  not  be  made  public  fpe&acles,  to  the 
 difhonour  of  his  religion,  and  was  griev'd  to  the 
 heart  that  his  life  mould  be  the  ruin  of  others  -,  and 
 'twas  believ'd  that  the  alternative  above-mention 'd 
 was  chiefly  owing  to  the  Father's  earned  intrea- 
 ties. 
 
 Notwithflanding  the  treacherous  attempts  be- 
 fore mentioned  were  thus  brought  to  light  and 
 jufhce,  yet  the  Father  was  advertised  of  other 
 plors  that  were  afterwards  hatch'd  againft  him; 
 one  of  which  was  a  deiign  to  take  him  alive,  and 
 tranfport  him  in  a  bark  into  another's  dominions* 
 But  the  caution  us'd  for  his  preservation  fruflrated 
 all  their  defigns;  befides  that  the  confpirators  find- 
 ing the  Fope's  refentment  againft  him  begin  to 
 cool,  thought  fuch  a  piece  of  iervice  would  be  lefs 
 acceptable  than  formerly. 
 
 *  Among  other  warnings  this  was  one  :  A  young 
 rr  an  came  to  Venice  armed  like  a  foldier,  but  in 
 carriage  and  habit  more  like  a  frier,  who  would 
 i  eeds  fpeak  with  Father  Paul  But  none  being  per-? 
 b  itted  to  have  accefs  to  him,  except  he  was  very 
 v  ell  known,  or  introduce  by  fome  particular  friend, 
 }  e  addrefs'd  himfelf  to  Fulgemio,  telling  him  that  he 
 }  ad  fomething  of  the  utmoi't  importance  to  fay  to 
 :,.e  Father,  and  that  if  he  might  bur  fpèak  with 
 
 him  j, 
 
Father    P  A  V  L.       xli 
 
 him,  he  would  quit  his  arms,  and  fubmit  to  any  re- 
 ftraint  the  Father  fhould  pleafe  to  lay  upon  him. 
 But  tho'  he  faid  he  would  advife  him  of  fomething 
 that  even  concerned  his  life,  it  was  refolv'd  that  he 
 fhould  not  fee  the  Father  j  upon  which  Father  Paul 
 faid,  with  fome  paffion,  that  it  was  not  fo  bad  to 
 die  a  violent  death,  as  to  be  under  a  neceffity  of  li- 
 ving in  continual  fears,  which  proceed  ad  infinitum, 
 whereas  mifchiefs  have  their  termination.  The 
 young  man  finding  it  in  vain  to  infill  upon  an  au- 
 dience any  longer,  took  his  leave  of  Fulgentio,  with 
 this  expreffion,  Guardatevi  da  tradditori,  &c. 4C  Have 
 "  a  care  of  traytors,  for  you  have  very  great  need. 
 cc  God  pre  ferve  you,  for  you  are  honefter  friers 
 "  than  others  would  have  you  to  be. 
 
 'Tis  remarkable  that  Cardinal  BeUarmin,  thoy 
 they  had  attack'd  one  another  in  print,  fent  his 
 kind  love  to  Father  Paul  once  by  a  fecular  prieft  of 
 Rome,  bidding  him  tell  the  Father  that  he  had 
 great  need  to  take  care  of  himfelf,-  and  another 
 time  by  one  Alberto  leftini,  by  whom  he  aflur'd  the 
 Father  that  he  had  as  much  afie&ion  for  him  as 
 ever,  and  at  the  fame  time  acquainted  him,  "  That 
 •'  one  Felice,  a  frier,  had  compofed  a  vile  libel,  un- 
 <c  der  the  title  of  Father  Paul's  Life,  which  he  pre- 
 <c  fented  to  Pope  Paul  V,  who  defir'd  his  (the 
 "  Cardinal's)  opinion  of  it  ;  and  that  he  (the  Car- 
 "  dinai)  faid  he  knew  Father  Paul  very  well, .  and 
 "  that  his  holinefs  might  take  his  word  for  it,  that 
 "  the  facts  therein  mentioned  were  fo  falfe  and  fcan- 
 <c  dalous,  that  it  would  be  a  fhame  for  any  body 
 "  to  publifu  them."  Now  tho'  Father  Paul  might 
 eafily  have  ruin'd  the  usurious  author  of  that  infa- 
 mous libel  ;  yet  fuch  was  his  meeknefs  and  forbea- 
 rance, that  as  long  as  the  Father  liv'd,  that  author 
 l^ept  his  employments  of  honour;    but  the  Father 
 
 was 
 
xlii         The  LIFE  of 
 
 was  no  fooner  dead,  than  the  populace  reveng'd  the 
 injury  he  had  done  him,  and  forced  the  libeller  to 
 quit  the  dominions  of  Venice. 
 
 After  this,  the  pope  beginning  to  have  an  opi- 
 nion of  the  Father's  goodnefs  and  piety  ,  feem'd  to 
 be  pretty  well  reconciled  to  him,  as  fufficiently  ap- 
 pears from  this  one  inftance,  viz,.  The  bifhop  of 
 "fine's  caule,  who  was  profecuted  by  the  inquifition 
 at  Venice ,  being  refer 'd  to  Father  Paul,    he  gave  it 
 fó  much  in  favour  of  the  biihcp ,   that  inftead  of 
 being  reproved,  he  obtained  feveral  privileges  both 
 for  his  church  and  perfon-     This  pleas'd  the  pope 
 fo  well,   that  he  faid,    "   He  had  heard  indeed 
 <c  from   many    hands    that    the    Father    was    a 
 <c  great  friend  to  juflice,  and  a  man  of  extraordina- 
 <c  ry  prudence  and  rincerity  ".    On  the  other  hand, 
 the  Father  pray'd  God  to  fend  the  pope  a  long  life  ; 
 and  he  often  faid  to  his  friends  by  way  of  prophe- 
 cy, that  he  believ'd  pòpe  Paul  ow'd  him  no  more 
 ill  will  ;  but  that  when  he  died,  his  fuccefibr  would 
 revive  the  old  controverfy,  becaufe  it  was   only 
 skin'd  over,    and  would  break  out  again  ;  in  which 
 it  appear'd  that  he  was  not  at  all  deceiv'd. 
 
 The  Father  was  neverthelefs  in  great  repute  with 
 the  moft  eminent  prelates  at  Rome,  who,  when  they 
 had  occafion  to  fpeak  of  him ,  fhew'd  that  they 
 thought  him  an  honeft  man,  and  a  man  of  great 
 learning.  Cardinal  Bellarmin  however  lamented  in 
 public  that  fo  little  account  was  made  of  fo  con- 
 fzderable  a  man,  and  faid  that  he  wiuYd  he  could 
 have  been  reconciled  to  the  fervice  of  the  holy  fee, 
 tho'  (fays  he)  they  had  given  him  but  a  dry  flower  to 
 fmeìlon;  for  he  imagin'd  the  Father  had  reafon  to 
 be  very  angry  with  the  court  of  Rome,  becaufe  pope 
 Clement  had  refufcd  him  two  fmall  bifhopricks, 
 ■ztf'z,.  Mckpotaiio,  and  that  of  Nona  in  Dalmatian  The 
 
 cardinal 
 
Father   P AV  L.      xliii 
 
 cardinal  faid  he  always  wifh'd  that  the  Father 
 would  come  and  live  at  Rome,  becaufe  he  knew  him 
 thoroughly,  and  what  fervice  he  was  able  to  have 
 done  the  church. 
 
 The  pope's  nuncios  Zacbia  and  Afcoli,  fpeaking  to 
 the  French  embaflador  VtUers,  upbraided  the  Father 
 with  bypocrify;  but  the  embaflador  repeU'd  their 
 venomous  raillery  by  fully  acquitting  him  of  every 
 circumftance  attending  fuch  a  crime  ,•  adding,  that 
 he  had  heard  every  body  elfe  extol  him  for  his  good- 
 nefs  and  integrity.  Peter  Ajfelineau,  who  was  phy- 
 fician  to  the  embaflador,  told  the  Father  that  the 
 nuncios  reprefented  him  as  one  of  the  vileft  mifcre- 
 ants  in  the  world*;  at  which  the  Father  fmiled,  and 
 would  fay  fometimes,  it  mufi  be  fo,  becaufe  I  am  as 
 different  as  'tis  pojfible  from  their  humour  :  And  if  they 
 be  the  mo  fi  perfect  and  holy  men,  then  of  confequence  lam 
 the  kwdefl  and  mo  fi  wretched  per  fon  in  the  world. 
 
 The  Father,  after  a  little  merriment  and  facetious 
 difcourfe,  confidering  how  hard  it  is  for  a  man  to 
 know  himfelf,  conjured  an  intimate  friend  of  his  to 
 deal  plainly  with  him ,  and  to  tell  him  his  faults, 
 particularly  if  he  had  any  of  the  marks  of  a  hypo- 
 crite mentioned  in  the  gofpel. 
 
 Cardinal  Ubaldini,  the  pope's  nuncio  at  the  court 
 of  France,  always  fcandalized  the  Father  for  his 
 writings  •*  But  Contarmi,  who  was  embaflador  there 
 at  the  fame  time  from  Venice,  a  man  of  great  foli- 
 dity  and  good  nature,  vindicated  the  Father's  wri- 
 tings from  the  impiety  and  ignorance  the  nuncio 
 had  charg'd  them  with,  took  notice  of  the  applaufe 
 with  which  they  had  been  receiv'd  in  all  catholic 
 flates  by  the  moft  learned  and  pious  profefTors  of 
 the  fciences,  and  faid  that  he  knew  both  by  report 
 and  experience,  that  the  Father's  holy  retired  life 
 and  manners  were  both  exemplary  and  unblameable. 
 
 But 
 
xliv        The    LIFE    of 
 
 But  the  nuncio  was  pleas'd  to  reply,  that  what  the 
 embailador  had  faid,  only  confirm/d  him  the  more 
 in  his  opinion,  that  he  was  a  profligate  fellow,  and  a 
 confummate  hypocrite.  Maffeo  Barbarino,  another 
 of  the  pope's  nuncios  in  France ,  rav'd  againft  him 
 with  fo  little  decorum,  that  he  faid  he  was  worfe 
 than  Luther  or  Calvin ,  and  that  he  deferv'd  to  be 
 aflaflinated  ;  for  there  the  nuncio  came  to  know  that 
 the  father  correfporided  by  letters  with  fonie  of 
 thofe  noblemen  who  were  counfellors  of  the  parlia- 
 ment, and  with  the  orthodox  doctors  of  the  Sor* 
 bonne,  who  defended  the  lawful  fecular  power,  and  the 
 liberties  of  the  Gallic  an  Church,  againft  the  ufurpa- 
 tions  of  Rome' 
 
 'Tis  true  enough  that  the  Father  did  converfe 
 with  fome  of  them,  and  particularly  with  the  great 
 Cafaubon,  after  it  was  known  that  he  was  turn'd  ca- 
 tholic -,  but  all  men  were  heretics  with  Barbarino, 
 that  had  any  correfpondence  with  Father  Paul; 
 for  they  that  knew  not  how  to  convict  him  of  one 
 criminal  action,  were  fo  offended  with  his  doctrine, 
 rather  than  with  the  man ,  that  they  pretended  to 
 find  imperfections  in  his  fair  foul,  and  to  cenfure  his 
 very  intentions,  tho'  they  were  only  known  to  God, 
 the  fearcher  of  all  hearts.  On  the  other  hand,  Ful- 
 gente obferves,  that  thofe  his  enemies,  being  all 
 minions  of  the  court  of  Rome,  did,  to  the  great  of- 
 fence of  God  and  fcandal  of  the  world ,  canonize 
 all  doctrines  and  opinions,  that  made  for  their  gran- 
 deur, but  cenfured  all  others,  tho'  never  fo  catholic 
 and  orthodox,  if  they  did  not  favour  their  exorbi- 
 tant pretentions. 
 
 Father  Paul  was  fo  entirely  devoted  to  the  public 
 fervice  next  after  God,  that  he  was  always  refolved 
 no  controversies  fhould  an'fe  upon  his  account  ;  of 
 which  the  following  is  a  very  good  inftance.    When 
 
 Pope 
 
Father    PAVL.       xlv 
 
 Pope  Paul's  fucceflbr,  Gregory  XV,  enter'd  on  the 
 pontificai  he  infinuated  to  the  embafladors,  who 
 came  from  Venice  to  congratulate  his  election  ,  that 
 there  would  never  be  a  perfect  peace  betwixt  the 
 Republic  and  the  Sec  apoftolic  ,  but  fuch  a  one  as 
 Father  Paul  fhould  approve  of.  When  the  Father 
 heard  of  it,  tho'  he  was  then  in  his  declining  age  ; 
 yet  rather  than  there  fhould  be  another  quarrel,  he  was 
 refolved  to  retire  not  only  from  the  fervice  of  the 
 fenate,  but  even  out  of  the  ftate  of  Venice  :  And  ac- 
 cordingly he  made  preparations  for  a  voyage  into 
 the  eaft  countries,  by  the  way  of  Con  ft  antinomie  >  be- 
 ing ready  to  encounter  with  any  adverfity,  rather 
 than  his  country  or  his  prince  fhould  be  expofed 
 to  fuftering  for  his  fake  ,♦  tho*  he  very  well  knew 
 that  the  fenate  would  rather  have  undertaken  a  war 
 for  him,  than  abandoned  his  protection.  He  often 
 pleafed  himfelf  with  the  thoughts  of  enjoying  that 
 m  his  age  which  he  had  extremely  defired  in  his  youth, 
 viz,,  the  pleafure  of  travelling  to  fee  thofe  things 
 with  his  eyes  with  which  he  was  already  fo  well  ac- 
 quainted by  the  reading  of  geography  and  hiitory. 
 Moreover,  it  looked  as  if  Gregory's  fucceflbr,  Pope 
 Urban  VIII,  was  refolved  to  make  the  Father  very 
 uneafy  in  Venice;  becaufe  when  he  was  only  a  nun- 
 cio in  France  in  1606,  at  which  time  he  was  created 
 a  cardinal,  he  exprefs'd  an  irreconcilable  hatred  of 
 the  Father,  by  fuch  unchrifHan  and  unmanly  ac- 
 tions and  forgeries,  that,  for  reverence  fake,  Fulgen- 
 te pafles  them  over  in  hìence,  left  the  world  fhould 
 think  that  the  petulancy  of  fpeaking  and  writing 
 falfhood  and  flander  (a  thing  bred  in  the  bones,  he 
 fays,  of  our  modern  ecclefiaflics)  was  arrived  at  the 
 utmoft  height.  But  however  things  feem'd  difpo- 
 fed  to  make  the  Father's  voyage  neceflary  ;  yet 
 God  and  nature  did  not  give  him  leave  to  under- 
 take 
 
xlvi         The    LIFE    of 
 
 take  it  ,*    for  entring  into  the  6$th  year  of  his  age, 
 tho5  his  judgment  and  memory  were  as  copious  and 
 perfect  as  ever,  yet  as  he  was  in  his  ufual  place,  a 
 withdrawing  room  of  the  fenate-houfe ,    a  fudden 
 chillnefs  feiz'd  him,  together  with  a  hoarfnefs,  and 
 a  ftrange  benummednefs.     This  is  the  firft  time  he 
 was  ever  troubled  with  a  catarrh,  and  it  held  him 
 abov«e  three  months  accompany'd  with  an  ague.  Ne- 
 verthelefs,  he  would  not  change  his  way  of  living, 
 nor  diminifh  his  labour,    tho'  he  vifibly  declined  in 
 his  flrength  ,   and  always  faid  he  was  never  well 
 after  that  fliock.     But  his  indifpofition  continuing, 
 he  betook  himfelf  entirely  to  devotion  and  medita- 
 tion, and  fatigued  himfelf  no  more  with  reading  or 
 writing  afterwards,  than  jfaft  what  his  poft  and  the 
 public  fervice  obliged  him  to.     His  meditation  was 
 generally  before  a  crucifix  and  a  death's  head  ;  and 
 if  any  body  happen'd  to  furprize  him  at  it,  he  en- 
 deavour'd  to  conceal  his  devotion  as  much  as  pof- 
 fible,  and  made  as  if  he  was  contriving  fome  initru- 
 ments  or  figures  in  the  mathematics  ;  but  it  might 
 well   be  imagined    he  had  other   contemplations 
 more  fuitable  to  his  age  and  ill  habit  of  body.     He 
 bore  up  as  well  as  he  could  till  the  beginning  of  the 
 winter  1622,  and  his  entrance  into  the  jift  year  of 
 his  age,  when  he  decayed  apace,  infomuch  that  his 
 hands  and  feet  grew  as  cold  as  a  ftone,  his  face  fell, 
 his  lips,  efpeciaily  the  nether  one,    were  black  and 
 blue,  his  eyes  dull  and  hollow,  nothing  would  keep 
 him  warm,    and  his  appetite  loath'd  almoft.  every 
 thing  he  took.     Tho'  he  had  his  teeth  left,  yet  'twas 
 troublefome  for  him  to  chew  his  meat,  and  he  began 
 to  go  very  weak  and  double.    His  dreams  were  not 
 confus'd  as  ufual,  but  diftincì:,  natural,  fpeculative, 
 and  regular,  which,  he  obferv'd  to  his  friends,  was  a 
 riling  of  his  foul  by  little  and  little  from  the  bond 
 
 and 
 
Father    T A  V  L-       slvii 
 
 and  commerce  with  his  body.     He  was  now  very 
 indifferent  how  the  world  went,  which  had  been  al- 
 ways his  favourite  inquiry  ;  and  the  only  delight  he 
 had  when  he  awoke,  was,  after  divine  meditations, 
 to  think  of  his  mathematical  and  agronomical  fi- 
 gures ;  and  he  would  often  fay,  fmiling,  how  fertile 
 have  my  brains  been  of  invention  ?    And  tho'  his 
 foul  had  all  the  indications  of  one  ready  to  leave 
 the  body,   yet  he  did  not  quit  his  poll:,  telling  his 
 friends  who  advis'd  him  to  be  fparing  of  his  labour, 
 That   his    duty    was  to  ferve,    not  to  live,  and 
 ;:o  man  fhould  be  afraid  to  die  in  his  profeffion. 
 His  friends  ufed  to  blame  him  for  his  indifcretion  in 
 ftudying  as  hard  in  his  declining  age,  as  he  did  when 
 he  was  younger  and  ftronger,  a  reproof  which  plea- 
 fed  him ,    but  did  not  reform  him.    He  was  fo  far 
 now  from  concealing  his  iilnefs,  that  he  gave  plain 
 tokens  that  he  fore-law  his  approaching  diffolution, 
 and  fpoke  of  it  fteely  as  a  debt  to  nature,  and  as  a 
 long  reft  after  a  weary  journey.    Befides  his  devout 
 ejaculations,  which  he  often  repeated  with  fentences 
 of  fc ripture,    he  would  molt  frequently  fay,  Nunc 
 drmittis,  Domine,  fervum  tuum;  Lord,  now  let  thy  fer- 
 vant  depart  in  peace.     He  ufed  to  fay  to  his  fami- 
 liar friends ,    Courage  my  mafters,  ine  are  almofl  at  our 
 journey's  end  ;    adding,   in  a  facetious  manner,  that 
 he  could  now  be  allured  his  death  would  be  no 
 miracle,  fince  he  had  furvived  Baronius,   Beliarminy 
 Colonna  ,    and  the  Pope  himfelf ,   as  well  as  many 
 others,  that  had  written  for  the  court  of  Rome,  tho' 
 younger  than  he  ;  for  which  reafon  there  would  be 
 no  room  for  the  rafh  judgment  that  is  too  often 
 pronounc'd,  in  their  writings,  upon  whoever  dies  in 
 difgrace  with  that  court,  viz,.  That  they  died  after 
 a  ftrange  manner,   and  were  puniflied  fome  how  or 
 other  by  God  himfelf,  as  if  that  juft  being,  who 
 
 governs 
 
xlviii      The    LIFE   of 
 
 governs  the  world ,  was  always  ready  tó  execute" 
 their  partial  fentences,  or  as  if  thofe  of  their  faction 
 were  not  as  liable  to  death  as  others. 
 
 When  his  friends  went  at  Cbriflmas  to  wifh  him 
 the  ufual  compliment  of  a  happy  new  year,  he  faid 
 with  more  than  ordinary  freedom  and  ferioufnefs , 
 Ibis  is  the  laft  I  Jhall  ever  fee  ;  for  he  began  to  be  in 
 a  high  fever.  Tho'  he  had  taken  phyfic  on  the  feaft 
 of  tpiphany  ;  yet  being  fent  for  to  the  palace,  he 
 went  without  making  any  excufe,,  and  returned 
 much  worfe,  being  not  able  for  two  days  following 
 either  to  eat  or  ileep.  Neverthelefs ,  he  could  not 
 keep  his  bed  ;  but  rifing  on  Sunday  morning,  cele- 
 brated mafs,  dined  at  the  refectory,  and,  after  taking 
 a  turn  or  two  with  one  of  his  companions,  went  and 
 lay  down  in  his  cloaths,  according  to  cufto'm,  upon 
 a  cheft,  with  nothing  over  him  but  a  coverlet. 
 
 He  continued  thus  till  the  very  day  before  he 
 died,  ftill  rifing  out  of  his  bed,  putting  on  his 
 cloaths,  and  reading  and  writing  as  much  as  his 
 itrength  would  permit;  and  when  he  could  do  no 
 more ,  he  threw  himfelf  upon  the  cheft,  and  made 
 others  read  to  him.  On  the  Monday  morning,  ha- 
 ving drefs'd  himfelf,  his  hands  and  legs  fo  faifd 
 him,  that  he  was  not  able  to  ftir  them,  and  he  had 
 fuch  a  loathing  to  every  thing,  that  nothing,  except 
 his  refolution,  made  him  take  a  cordial;  but  he  had 
 the  fame  flrong  judgment  and  memory  as  ever,  and 
 the  fame  ferenity  of  mind,  comforting  his  vifltors, 
 and  intermixing  fomething  facetious  in  his  dif- 
 courfe  :  But  upon  the  Saturday  he  faid  to  thofe  that 
 were  about  him,  I  have  made  you  merry  as  long  as 
 I  was  able,  and  now  I  can  do  fo  no  longer,  you  ranft 
 cheer  me.  He  continued  to  admit  all  vihts,  drf* 
 cours'd  of  all  matters  as  ufual,  faid  but  little  of  his 
 weaknefs,  and  that  only  to  his  phyfkian,  and  fo 
 
 pafsU 
 
Father    T A  V  L.       xlix 
 
 pafs'd  his  time,  fitting  upon  a  ftool,  and  hearing  one 
 read  to  him: 
 
 In  all  thefe  his  latter  days  he  made  a  thorow  en- 
 quiry into  the  fiate  of  his  foul,  with  an  entire  re- 
 fignation  of  it  to  God,  and  a  heart  as  chearful  as 
 his  body  was  afflicted,  concealing  his  licknefs  fo 
 much  from  thofe  who  were  preient,  that  they 
 could  fcarce  difcover  it  but  by  his  want  of  ffrength, 
 and  his  loathing  of  food. 
 
 When  his  phyfician  and  cordial  friend  Peter  Affé- 
 lineati  view'd  his  excrements,  the  Father  put  his 
 finger  ro  his  mouth,  as  a  caution  to  be  (ilent,  and 
 then  freely  told  him  his  condition  ;  but  dehYd  him 
 not  to  difcover  it  ro  Father  Fulgentio,  that  it  might 
 not  afflict  him,  becaufe  he  had  endeavoured  to 
 pollefs  him  with  an  opinion  that  he  mould  have  a 
 long  ficknefs,  and  that  it  might  perhaps  turn  to  a 
 quartan  ague.  He  often  faid  in  his  life-time,  that 
 he  hoped  he  fhould  know  when  he  was  near  his 
 end,  but  that  he  would  not  fpeak  of  it  to  any  of 
 the  convent,  befides  Fulgent  io;  becaufe  it  would  on- 
 ly breed  confufion,  and  make  them  neglect  thofe 
 duties  which  God  would  not  have  omitted  ;  but  he 
 did  not  obferve  this  rule,  and  would  not  let  his  con- 
 dition be  known  even  to  Fulgènti^  any  farther  than 
 it  manifefted  itfelf.  It  mull  not  be  forgot,  that  on 
 Thurfday  morning  he  deiir'd  the  prior  of  the  Convent 
 to  recommend  him  to  the  prayers  of  the  Fathers, 
 and  that  he  would  bring  him  the  holy  facrament  ; 
 adding,  that  he  had  liv'd  in  the  poverty  of  the  re- 
 ligion, without  any  thing  of  his  own  ;  and  than  as 
 whatfoever  was  in  his  chambers  was  granted  him 
 for  his  ufe,  fo  it  was  now,  as  it  had  been  always, 
 at  the  free  difpofal  of  his  fuperiors  ;  and  he  gave 
 him  the  key  of  a  cupboard,  wherein  wa^  the  re- 
 mainder of  what  the  republic  had  beflow'd  upon 
 
 d"  him; 
 
1  The  LIFE  of 
 
 him,  nothing  being  lock'd  up  but  what  was  in  that 
 cupboard,  and  one  more,  in  which  were  the  wri- 
 tings that  concernei  the  public.  He  again  put  on  his 
 cl oaths  as  nfual,  and  fpent  all  that  morning  in  hea- 
 ring his  ùiend  Fulgentio,  or  frier  Marco  his  amanuen- 
 fis,  read  Pfalms,  or  fome  paflages  of  the  Evange- 
 liits,  particularly  of  our  Saviour's  fufferings,  ma- 
 king them  flop  whenever  he  enter'd  into  any  devout 
 medication.  He  often  try"d  to  kneel  ;  but  tho*  the 
 fpirit  was  willing,  the  flefii  was  too  weak.  As  foon 
 as  mafs  was  ended,  the  fathers  of  the  monaftery  be- 
 ing calfd  together  by  a  little  bell,  went  in  procef- 
 iion,  with  torches  in  their  hands,  and  the  prior  at 
 their  head  carrying  the  holy  facrament,  which  he 
 received  with  fuch  marks  of  piety,  as  drew  tears 
 from  all  that  flood  about  him,  and  convinced  them 
 that  he  was  well  prepared  to  òìq. 
 
 He  was  always  unwilling  to  let  any  body  watch 
 with  him  in  the  night,  faying  it  only  ferv'd  for 
 pomp,  and  to  incommode  others,  and  that  it  did 
 himfelf  more  harm  than  good  to  fee  them  lofe  their 
 refi. 
 
 He  was  fo  ftrici:  an  obferver  of  the  rites  of  the 
 Church,  that  notwithstanding  the  many  new  ones 
 which  were  introduce  in  the  ten  preceding  pope- 
 doms, he  readily  comply'd  with  all  of  them,  tho' 
 he  did  not  heartily  approve  of  them;  faying,  that 
 things  of  cuftom  had  their  remedies,  but  that  inno- 
 vations were  never  without  incurable  mifchiefs  : 
 He  was  always,  not  from  fuperftition,  but  a  habit 
 to  fet  a  good  example,  a  very  ftrici:  obferver  of  Lent, 
 info  much  that  on  Friday,  the  morning  before  he 
 dy'd,  he  would  not  cat  broth,  or  any  thing  that 
 was  not  proper  for  the  day  ;  and  it  was  fo  hard  to 
 perfwade  him  to  have  'day  but  tej-fare  for  his  din- 
 
 aer, 
 
Father    P  AV  L.        U 
 
 ner,  that  he  vsk'd  his  cook  whether  he  ufed  to  make 
 his  friends  break  fading  days. 
 
 The  night  before  he  dy'd,  when  he  was  almoft 
 fpent  for  want  of  rcftorativcs,  tho'he  had  then  three 
 companions  who  fate  up  with  him,  he  only  took  oi: 
 fiich  neceifaries  as  lay  ready  at  hand,  and  was  heard 
 to  fay  nothing  diftinctly,  except  now  and  then  Ob  Dio! 
 Saturday,  Jan.  14,  1623,  the  I  a  ft  of  his  life,  was 
 the  only  day  he  fpent  in  his  bed  during  his/icknefs; 
 and  tho'  his  body  was  extremely  weak,  yet  his  mind 
 remain 'd  in  its  full  ftrength,  infomuch  that  the  Doge 
 and  Senate  fending  for  our  Fulgentio,  to  know  how 
 he  did,   and  being  anfwer'd  that  he  was  fui)   the 
 fame  Father  Paul,   in  his  judgment  and  memory, 
 that  he  had  been  for  feventeen  years  paft,   they  en- 
 joyn'd  him  to  confult  the  Father  upon  three  very 
 important  articles  of  fiate,  to  which  the  Father 
 caus'd  diftihet  anfwers  to  be  written  by  his  amanu- 
 enfis  ;  and  the  Senate  having  read  them  that  very 
 night,  conformed  to  his  opinion  in  every  point. 
 
 The  Father  itili  received  vifits,  and  when  night 
 came*  he  caufed  St. Johns  account  of  our  Saviour's 
 patfion  to  be  read  to  him,  and  fpoke  of  his  own 
 mifery,  and  of  his  entire  truft  in  the  blood  of 
 Chnit,  often  comforting  himfelf  with  thefe  words, 
 Qiiem  propofuit  Dens  me  di  at  or  em  per  fidem  in  J anguine 
 juo.  He  faintly  repeated  leverai  paifages  out  of  St. 
 Paul,  lamented  that  he  had  nothing  to  prefent 
 God  with  on  his  part,  but  fin  and  mifery,  and  de- 
 fir'd  to  throw  himfelf  into  the  abyfs  of  divine 
 mercy  ,•  a  declaration  which  came  from  him  with 
 fo  much  fubmiffion,  and  yet  fo  much  alacrity,  that 
 it  drew  tears  from  all  that  were  prefent. 
 
 He  was  again  viiited  by  the  phyficians,  who 
 {hewing  a  reluctance  to  leave  him  without  fome 
 fpark  of  hope,  Fulgentio  faid,  the  Father  was  not  a 
 
 d  2  m&n 
 
Ci  The   LIFE  of 
 
 man  to  be  flatter'd,  and  therefore  he  dehYd  them 
 to  be  plain  with  him  ;  which  the  dying  Father  Teem- 
 ing to  aflent  to  by  a  fort  of  fmile,  one  of  the  doc- 
 tors then  told  him,  that  his  pulfe  fhew'd  he  would 
 be  a  dead  man  in  a  few  hours  :  To  which  the  Fa- 
 ther, with  a  glad  feme  countenance,  made  anfwer, 
 Sia  Iodato  Iddio,  ini  piace  ciò  cÌj*  a  lui  piace,  &c.  blefled 
 be  God,  whatfoever  pleafeth  him  pieafeth  me  :  With 
 his  help  we  fhail  perform  this  la  ft  action.  Then 
 the  phyfician  recommending  fome  cordials  to  him, 
 the  Father  interrupted  him,  faying,  let's  have  no  more 
 of  tbefe  fooleries,  and  dehYd  they  would  refolve  him 
 •  of  two  doubts  ;  firft,  whether  he  might  abfolutely 
 depend  upon  the  goodnefs  of  what  they  gave  him, 
 becaufe  as  often  as  he  put  it  to  his  mouth  he  loath'd 
 it.  But  as  he  was  going  to  mention  the  fecond, 
 his  breath  left  him,  fo  that  he  could  not  fpeak, 
 and  the  phyficians  finding  by  his  pulfe  that  his  vital 
 fpirits  were  departing,  they  ordered  him  a  little 
 Mufcadine,  at  the  taking  of  which  he  faid,  Qjiefia 
 vefla  ini  pare  cofa  violenta.  This  feems  to  me  a  vio- 
 lent thing. 
 
 About  fix  at  night,  not  long  before  he  ex- 
 pired, he  rub'd  his  tongue  with  a  fmail  inftrument, 
 which  he  had  us'd  for  that  purpofe  a  great  while, 
 and  without  a  groan,  or  any  other  token  of  grief, 
 utter'd  feveral  memorable  words  from  time  to  time, 
 repeating  devout  paflages  of  fcripture,  and  crying 
 out,  Horfum  andiamo  ove  Dio  chiama.  Away,  let  us 
 be  gone  whither  God  calls  us.  The  ftanders  by 
 feeing  his  fpeech  begin  to  faulter,  and  his  pulfe  go- 
 ing oft*  beg'd  him  to  take  a  little  reft,  at  which  he 
 only  fmifd,  and  pafs'd  his  remaining  time  in  fuch 
 low  whifpers,  that  he  could  hardly  be  underftood, 
 except  in  fome  fentences  of  fcripture,  and  once 
 when  he  faid,  Andiamo  S.Marco  che  tardi,  i.  e>  let  us 
 
 g° 
 
Father    P  A  V  L.        liii 
 
 go  to  St.  Mark's  before  'tis  too  late,  which  is  the 
 only  thing  he  fpoke  in  ail  his  fickneis  without  con- 
 nection. When  the  clock  (truck  eight  he  counted  it, 
 and  bid  his  fervane  give  him  what  his  phyikian  had 
 order'd,  but  he  could  take  very  little  of  it  ;  and  fin- 
 ding himfelf  expiring,  he  call'd  Fulgentio  to  him,  and 
 being  willing  to  be  embraced  and  kifs'd  by  him,  he 
 bid  him  take  his  leave  and  depart,  with  thefe  words, 
 which  Fulgentio  fays  he  could  never  forget,  Hovfum 
 non  reflate,  &c.  Now  flay  no  longer  to  behold  me  in 
 this  ftate,  it  will  not  be  needful  ;  therefore  go  to 
 your  reft,  and  I  will  go  to  God  from  whence  we 
 came. 
 
 Fulgentio  indeed  parted  from  him,  but  it  was  only 
 to  fetch  the  friers  to  pray  with  him,  to   whom  tho' 
 he  could  not  fpeak,  yet  he  convinced  them  that  he 
 had  his  underftanding  faculty  till  it  departed  with 
 his  foul.     His  laft  words,  which  were  hardly  intel- 
 ligible, tho' often  repeated,  were  Eflo  perpetua;  from 
 which  Fulgentio  infers,  that  at  the  fame  time  that  he 
 recommended  his  foul  fo  fervently  to  God>   he  did 
 not  forget  to  pray  for  the  perpetual  welfare  of  the 
 molt  ferene  Republic-     With   thefe  words  in    his 
 mouth  his  fpeech  went  off;  and  then  putting  his 
 arms  acrofs,  and  fixing  his  eyes  a  while  upon  a 
 crucifix  which  was  before  him,  together  with  a  na- 
 tural death's  head,  he  fhut  them,  and  fo  breath'd 
 out  his  fpirit  into  the  hands  of  God. 
 
 This  calm  departure  of  his  pious  foul  to  eterni- 
 ty was  teftified  to  the  Senate  by  a  public  writing, 
 fubferib'd  and  fworn  to  by  all  the  reverend  Fathers 
 of  the  college  of  Servi  that  were  prefent,  in  order 
 to  defeat  the  impudent  lies  which  went  abroad,  that 
 he  dy'd  howling  and  crying  out,  with  apparitions  of 
 black  dogs,  and  the  like  ;  and  that  his  ceJ  was 
 difturb'd  with  unufual,  horrid  noifes.  Bu:  as  Ful- 
 d  3  gentii 
 
liv  The  LIFE  of 
 
 genio  very  well  obferves,  'tis  firange  fuch  apparitions 
 and  noifes  could  be  feen  and  heard  fo  far  as  Rome% 
 when  he  is  (lire  they  never  were  by  thofe  that  lived 
 in  the  next  chambers  to  his.  The  truth  is,  that  the 
 Father  dy'd  with  (o  wonderful  a  character  for  in- 
 tegrity and  piety,  that  'twas  generally  faid,  if  he 
 had  been  in  the  favour  of  the  court  of  Rome,  and 
 ferv'd  its  interefis,  he  would  have  been  canonized 
 for  a  faint. 
 
 His  death  was  fuch  good  news  to  Rome,  that  the 
 then  Pope  could  not  help  fpeaking  of  it  a*  the  handy 
 •work  of  God  to  take  him  out  of  the  world,  as  if  it  had 
 been  a  miracle  for  a  man  to  die  at  the  age  of  fe- 
 venty  one. 
 
 His  corps  being  open'd,  there  appeared  the  faireft 
 conformity  in  ali  the  parts  of  it  that  could  be  de- 
 fied, except  the  heart,  which  was  exceeding  fmail, 
 and  feem'd  as  it  were  deferted.  His  flomach  was 
 fo  far  from  being  foul,  that  it  had  nothing  at  ail  in 
 it.  His  face  had  fo  good  and  fmiling  a  colour,  that 
 fome  thought  it  looked  more  venerable  and  beautiful 
 than  when  he  was  living.  He  was  bury 'd  at  the 
 public  expence,  and  attended  to  his  grave  by  a  vaft 
 number  of  great  perfons  of  all  forts  ;  yet  his  funeral 
 was  no  more  grand  than  what  fuited  his  private 
 condition,  except  in  the  univerfal  grief  of  the  pub- 
 lic. Fulgentio  adds,  that  his  coffin  being  openM 
 nine  months  after,  he  was  found  ftill  entire,  and 
 his  face  frehVcolour'd. 
 
 When  he  was  living  he  was  thought  very  like  his 
 mother  Jfaèefla,  especially  in  the  eyes,  and  face, 
 which  was  of  a  fair  complexion,  with  the  moft 
 humble  and  gentle  countenance.  His  head,  in  the 
 hinder  part  and  upward,  was  round  and  well  pro- 
 portion'd,  his  forehead  very  large,  and  declining  a 
 little  from  the  middle  part  toward  the  left  temple, 
 
 There 
 
Father   PAV  L.        lv 
 
 There  appeared  a  great  vein  down  the  middle  of 
 the  forehead  to  the  beginning  of  his  nofe,  which 
 was  often  full  and  empty,  and  when  full  it  Iook'd  as 
 big  as  a  'finger,  but  when  empty  it  left  a  channel  big 
 enough  to  lay  the  little  ringer  in.     His  eye-brows 
 were  well  arch'd,  his  eyes  large,  quick,  and  black, 
 and  he  had  an  excellent  fharp  fight  till  he  was  fifty- 
 five.  His  nofe  was  large  and  long,  but  very  flraight. 
 He  had  a  very  thin  beard,  and  in  fome  places  his 
 chin  was  bald,  but  not  in  the  leaft  unfightly.     His 
 face  was  rather  flefhy  than  otherwise,  his  colour 
 pleafing,  and  when  he  was  in  health,  it  was  white 
 and  red,  with  a  little  yeUownefs  that  did  not  mif- 
 becomehim;  yet  his  afped  was  altogether  grave, 
 tho'  pleafant.      His  lips,  efpecially  the  nether  one, 
 had  a  fmiling  fweetnefs.     His  hands  were  fair  and 
 long;  and  his  fingers,  which  were  alfo  very  long, 
 feem'd  to  turn  backward.     He  was  commonly  ex- 
 tream  cold  in  his  hands  and  feet,  for  which  he  had 
 not  found  a  better  remedy  than  warm  irons,  which 
 he  always  carry 'd  wrapt  up  in  balls.     His  head, 
 compared  to  his  body,    was  very  large>  for  he  was 
 hardly  any  thing  but  skin  and  bones.     He  was  a 
 flranger  to  all  the  plea  fu  res  of  the  palate  ;  and  con- 
 sidering with  how  little  food  he  nourifh'd  himfelf, 
 'twas  a  wonder  how  he  liv'd. 
 
 His  carriage,  even  when  a  youth,  was  a  plain 
 earneft  of  his  future  deportment,  when  he  .cor- 
 rected by  virtue  fuch  of  his  natural  inclinations  as 
 were  more  imperfect,  and  raifed  the  better  fort  to 
 a  great  degree  of  perfection.  He  was,  for  the  mofr. 
 part,  retir'd,  always  thoughtful,  but  rather  me- 
 lancholy than  ferious,  and  was  of  few  words  with 
 thofe  of  his  own  age,  without  caring  even  for  the 
 moil:  moderate  and  healthful  exercifes,  which  chil- 
 dren are  fo  naturally  fond  of,  infomiich  that  'twas  a 
 d  4  ccmrno» 
 
Ivi  The  LIFE  of 
 
 common  faying  among  the  novices,  We  are  all  for 
 trijUs  arid  pamphlets,  but  Frier  Paul  is  for  books.'  He 
 was  the  fame  all  his  life  long,  and  he  ufed  to  fay  that 
 he  could  never  underfland  the  delight  of  a  gameftef, 
 except  it  were  in  gratifying  his  avarice. 
 
 While  he  was  yet  a  youth,  he  was  refpe&ed  by 
 all  men  for  his  modefty,  piety,  and  all  the  other 
 virtues  both  chriftian  and  moral.  He  never  fwore 
 fo  much  as  by  his  faith,  fpoke  no  unhandfome  word, 
 nor  did  an  indecent  action  ;  and  fuch  an  influence 
 had  his  preface  over  the  behaviour  of  others,  that 
 whenever  the  young  Servite  friers  faw  the  Father  ap- 
 proaching, they  put  on  countenances  as  grave  and 
 ferious  as  if  he  had  been  an  officer  of  the  black 
 rod  ;  fo  that  it  became  a  proverb  among  the  frater- 
 nity, whenever  they  faw  the  Father  at  hand,  E  qua 
 fpoja,  la  mutiamo  propoftio,  u  e.  Here  comes  the  bride, 
 let  us  call  a  new  caufe.  Yet  for  all  this  he  was  fo 
 pieafing  and  humble  to  all  men,  that  not  one  could 
 fay  the  Father  ever  gave  him  a  harm  word,  or  an 
 angry  look,  except  when  they  interrupted  him  in 
 the  public  bufin efs,. 
 
 His  abftinence  was  fo  great,  that  he  lived,  for 
 mof:  part,  upon  bread  and  fruit,  eating  very  little 
 iìeih  till  he  was  paft  fifty-five,  complaining  that  it 
 made  him  fick,  and  fubjec~t  to  great  pains  in  the  head. 
 Many  days  he  drank  not  at  ail,  and  when  he  was 
 tbirlty  he  us  d  to  go  to  the  well  and  take  but  one 
 draught,  which  made  him  fo  collive,  that  he  com- 
 monly fi  a  id  three  days,' and  fometimes  a  week,  be- 
 fore he  had  a  iiool,  and  when'he  had,  it  was  painful 
 to  him,  because  he  was  always  troubled  with  the 
 piles,  attended  with  a  procidentia  of  the  re&um,  and 
 an  tepaticfinx  that  continued  to  his  old  age.  In  the 
 mean  time  he  began  to  con  fu  It  physicians,  viio'- he 
 Vuldcrftood  phytic  fo  well,  that  he  chele  rather  ro 
 »  ■  ■■    •    i  difcourfe 
 
Father    P  AV  L*       lvii 
 
 difcourfe  them  on  their  art,  than  to  make  ufe  of 
 their  receipts.  His  friends  however  often  advifed 
 him  to  drink  wine;  but  fo  hard  was  it  for  him 
 to  alter  his  refolution,  when  he  had  form'd  a  judg- 
 ment, that  he  could  never  be  brought  to  tafte  it, 
 except  it  was  at  the  communion,  till  after  the  30th 
 year  of  his  age  ;  nor  then,  without  much  ado  to 
 perfwade  him;  and  in  the  41  remaining  years  of 
 his  life,  he  would  drink  no  wine  but  white,  be- 
 caufe  of  its  refemblance  to  the  colour  of  water; 
 and  he  faid  before  he  dy'd,  that  one  of  the  things 
 he  repented  of,  was  that  he  had  been  perfwaded  to 
 drink  wine.  His  fenfes  were  the  mofl  acute  and 
 lively  that  any  man  had.  His  tafte  was  fo  quick, 
 that  he  difcern'd  a  relifh  in  things  that  to  others 
 were  infipid,  and  nicely  diflinguifh'd  the  feveral  In- 
 gredients of  fuch  as  were  compounded. 
 
 As  for  his  natural  aftedions  none  knew  how  to 
 command  themfelves  better.  As  he  would  gratify 
 his  palate  with  no  food  which  he  thought  hurtful, 
 fo  he  did  not  fcruple  the  taking  of  any  phyfic  he 
 thought  would  do  him  good. 
 
 He  always  reckoned  every  day  his  lafl,  and  faid 
 that  he  never  remembered  himfelf  fo  young  that  he 
 could  hope  to  fee  another  year;  and,  as  is  general- 
 ly the  temper  of  people  who  think  they  are  not 
 long  liv^d,  his  acquaintance  obferv'd  that  he  never 
 appeared  adive  or  refolute,  but  cold  and  indifferent 
 to  all  actions  of  importance,  till  the  importunities 
 of  his  friends,  and  the  embroil'd  fiate  of  his  coun- 
 try, put  him  upon  thofe  glorious  fervices  which  he 
 afterwards  performed,  as  counsellor  of  fiate  to  the 
 moft  ferene  Republic. 
 
 Tho' (as  has  been  faid)  he  was  naturally  ferious 
 and  melancholy,  yet  he  was  neither  fevere  nor  mo- 
 rofe,  Liit  fo  companionate^  that  he  would  do  injury 
 
 to 
 
lviii  The   LI  jF E  of 
 
 to  no  body,  nor  permit  another,  if  it  was  in  his 
 power  to  prevent  it  ;  and  fo  tender  was  he,  even  to 
 the  creatures  appointed  by  God  for  the  fupport  of 
 life,  that  in  his  latter  days,  except  in  the  greateft 
 necefTity,  he  would  rather  have  failed  than  kill'dany 
 of  them  with  his  own  hand,  and  feem'd  to  exprefs 
 a  companionate  difpleafure  at  the  mention  of  the 
 many  living  creatures  he  had  formerly  anatomized. 
 They  he  had  the  ftricreft  regard  to  juftice  in  his  wri- 
 tings or  conversation,  yet  he  was  more  inclined 
 to  mercy  than  feverity. 
 
 The  Father,  to  his  dying  day,  would  never  have 
 more  than  one  garment  at  a  time,  nor  any  ornament 
 nor  moveables  in  his  chamber,  but  a  portable  qua- 
 drant of  Christ  in  the  garden,  a  crucirix  with  a 
 natural  death's  head  at  the  foot,  and  three  hour- 
 glafies.  He  never  carry 'd  more  money  than  what 
 would  fuffice  for  one  day's  expence.  He  had  no 
 books  but  thofe  he  was  daily  lupply'd  with  from 
 his  great  friends,  which  he  had  fo  treafured  up  in 
 his  memory ,  that  no  prince  in  che  world  had  a  li- 
 brary equal  to  it.  He  divided  his  time  in  this  man- 
 ner :  Atter  his  private  devotions,  which  he  always 
 began  before  fun-riling,  he  fpent  the  morning  in 
 ftudy,  till  the  hour  of  common  fervice,  on  which  he 
 was  a  conftant  attendant  ,*  and  the  afternoon  he  em- 
 ployed in  operations  of  his  own  hand,  tranfmuta- 
 tions,  fublimations ,  and  the  like,  or  in  bnflnefs  of 
 the  ftate,  and  converfation  with  men  of  letters. 
 
 Tho*  he  feemed  to  rely  on  divine  providence  as 
 entirely  as  if  he  thought  fecond  caufes  not  to  be 
 regarded,  5  et  lie  never  omitted  the  proper  means, 
 where  fuch  fecond  caufes  were  likely  to  produce 
 their  effects. 
 
 As  to  his  infirmities  of  body,  he  try'd  many  re- 
 medies for  the  Procidentia  of  the  Recium  j  and  when 
 
Father   P AV  L.      lix 
 
 he  was  about  5  5  years  of  age,  he  contrived  an  in- 
 flrument  with  which  he  bore  it  up  to  the  laft  day  of 
 his  life,  without  being  cumberfome  to  him,  or  gi- 
 ving the  leali:  pain,  as  many  others  in  the  fame  cafe 
 experienced,  to  whom  he  imparted  his  invention  ; 
 for  io  friendly  and  generous  was  his  natural  temper, 
 that  he  was  always  ready  to  communicate  to  every 
 one  according  to  their  neceffity.  His  hepatic  flux 
 indeed  was  not  cur'd  till  it  had  fpent  its  courfe  ; 
 but  the  retention  of  his  urine  troubled  him  not  after 
 fifty-five,  till  he  was  feventy  years  old. 
 
 Tho5  feveral  gentlemen  and  friers,  whom  he  edu- 
 cated, were  compleat  matters  of  the  mathematics, 
 and  of  both  natural  and  moral  philofophy  ;  yet  to 
 read  le&ures  upon  Ari/iotk,  Plato,  St.Thomas,  Scoto, 
 or  Gratian,  was  fo  contrary  to  his  genius,  that  he 
 thought  it  a  pedantic  method,  tending  rather  to  fup- 
 ply  perfons  with  fophiflical  wit,  than  to  increafe 
 knowledge  or  improve  the  mind,  and  to  make  men 
 ftiff  in  their  opinions,  than  fincerely  inquiiitive  after 
 the  truth.  ' 
 
 The  Father  was  of  fo  very  mild  a  difpofition, 
 that  whenever  he  was  confulted  about  any  heinous 
 offences  committed  againft  the  ftate,  he  foften'd  the 
 vindictive  juflice  of  the  fenators,  as  much  as  the 
 cafe  would  bear.  In  fhort,  he  always  ftrove  to  in- 
 cline them  to  ads  of  clemency,  never  omitting  his 
 endeavours  to  reflrain  the  violence  of  fiery  fpirits, 
 yet  humbly  fubmitting  all  to  the  wifdom  and  pru-" 
 dence  of  the  government.  And  even  in  his  own,  as 
 well  as  other  writings  defign'd  for  the  prefs,  he  was 
 fo  careful  to  ftrike  out  every  thing  which  might  be 
 offenfive,  that  defalcation  took  up  more  of  his  time 
 than  addition.  He  was  fo  far  from  revenge,  as  has 
 been  already  feen,  that  how  unjuft  and  intolerable 
 foevcr  his  wrongs  were,  the  mofl  he  was  heard  to 
 
 fry* 
 
lx  The    LIFE   of 
 
 fay,  by  way  of  refentment,  was,  without  altering 
 the  ferenity  or  his  countenance,  Videat  Dominm  &'  re- 
 qttirat  ;  and  he  would  even  extenuate  the  injuries 
 done  him  as  much  as  poilible,  by  faying  that  thofe 
 who  did  them  knew  no  better,  or  were  oblig'd  to  it 
 by  intereft. 
 
 He  was  fo  generous  by  nature,  that  when  he  was 
 at  the  loweft  ebb  of  fortune  he  never  deny'd  his 
 frieads  what  was  in  his  power  to  grant  them.  But 
 tho*  the  Republic  allow'd  him  a  handfome  falary 
 from  the  firft  time  he  enter'd  into  their  fervice,  he 
 made  no  more  ufe  of  it  than  was  confiftent  with  the 
 povery  of  his  order.  Nevertheless,  after  he  had 
 been  way-laid  and  flabb'd  by  the  aflaflins,  he  found 
 it  neceflary,  for  his  own  defence,  to  accept  of  the 
 whole  provifion  made  for  him  by  the  public,  that 
 he  might  be  able  to  exercife  fuch  a&s  of  benevolence 
 and  liberality  to  the  convent,  as  might  intereft  them 
 in  his  prefervation.  For  this  end  he  took  two  friers 
 into  his  fervice,  one  to  look  after  him,  and  the  other 
 to  write  for  him.  To  Frier  Marco,  who  was  his 
 writer,  he  gave  <5oo  ducats  as  a  prefent,  befides  50 
 per  annum  ;  and  to  the  other,  who  was  Frier  Mar- 
 mo,  he  gave  300  in  bank  to  put  forth  10  per  cent,  be- 
 caufe  he  might  have  fubfiftence,  and  40  per  annum 
 afterwards.  He  alfo  thought  it  convenient  to  be  li- 
 beral to  thofe  who  manag'd  the  bread  and  wine,  and 
 to  fome  cooks  he  gave  no  lefs  than  60  ducats  in  one 
 year.  He  was  alfo  very  liberal  to  the  convent  upon 
 other  occaHons,  infomuch  that  to  one  man  alone, 
 who  only  defird  to  borrow  fo  much,  he  gave  above 
 2000  ducats  ;  for  his  manner  of  lending  was  always 
 with  this  generous  condition,  that  except  he  de- 
 manded it,  the  debtor  fhould  never  offer  to  repay 
 him.  And  here  vvc  cannot  but  admire  the  happy 
 choice  of  his  motto*  which  we  rind  round  his  effi- 
 gies i 
 
Father    P AV  L.       lxi 
 
 gics  ;  for  it  was  his  common  faying,  Imitiamo  Dìo  e 
 la  natura,  ì.  e.  let  us  imitate  God  and  nature  ;  fince 
 whatever  they  give  they  never  expect  again  ;  and 
 let  us  avoid  the  vulgar  error  of  thofe,  who  think 
 that  to  lend  is  to  lofe,  or  elfe  put  a  friend  to  the 
 blufli,  by  requiring  fecurity. 
 
 The  Father  was  fo  far  proof  againft  the  attacks 
 of  ambition  and  vain  glory,  that,  befides  the  many 
 inftances  given  of  it  in  the  courle  of  his  life,  this 
 was  his  conftant  advice,  Si  fpiritus  domimmtis  fuper  te 
 af Lender  it,  locum  tuum  ne  defer as ,  i.  e.  if  the  fpirit  of 
 bearing  rule  ftrive  to  get  the  maitery  over  thee,  be 
 fure  to  fiand  thy  ground.  And  he  ufed  to  fay  more- 
 over, that  he  who  walks  upon  ftilts,  or  fits  in  a 
 high  place,  does  not  leflèn  his  labour,  but  goes  in 
 greater  danger. 
 
 He  was  fo  modeit,  that  he  let  his  friends  have  the 
 honour  of  publishing  many  of  his  ingenious  difcove- 
 ries  and  compofitions,  and  never  fet  his  name  to 
 what  he  printed  himfelf.  In  fliort,  he  was  fo  little 
 fond  of  perpetuating  his  memory,  by  any  means 
 whatfoever,  that  he  would  not  fo  much  as  fit  for 
 his  picture  ,•  fo  that  tho*  many  effigies  of  him  go 
 abroad  for  originals,  yet  they  are  all  but  copies  of 
 one  faid  to  be  in  the  gallery  of  a  great  king,  which 
 was  taken  by  ftratagem,  for  he  would  not  give  his 
 confent,  tho5  he  was  courted  to  it  by  kings  and 
 great  princes;  and  efpecially  by  the  mod  illuilrious 
 and  excellent  fenator  lord  Dominko  Molim,  his  very 
 good  friend,  and  one  whom  the  Father  highly  valued 
 for  his  exquifite  knowledge  of  ancient  and  modern 
 hiflory,  and  of  the  fiate  of  all  the  princes  and  go- 
 vernments in  Europe.  This  noble  fenator  had  pro- 
 vided an  eminent  painter  to  take  the  Father's  pióture, 
 and  promifed  he  fhonld  not  fit  at  it  above  an  hour, 
 but^could  not  obtain  leave,  tho  he  got  his  confident 
 
 Fulgentio 
 
lxii  The    L  I FE    of 
 
 Fulgentio  to  fecond  his  requeft  ;  infomuch  that  being 
 flatly  deny'd,  after  he  had  kept  the  painter  a  fort- 
 night in  expectation,  he  was  fo  much  out  of  humor 
 with  the  Father,  that  they  did  not  fpeak  to  each 
 other  for  fome  months  after,  tho'  there  paffed  very 
 few  days  in  feventeen  years  before,  in  which  they 
 did  not  fpend  fome  hours  together. 
 
 His„  learning  had  renderci  him  fo  famous  in  all 
 parts  of  Europe,  that  all  perfons  of  quality  who 
 came  to  Venice  were  fond  not  only  to  fee  him,  but,  as 
 is  the  cuftom  in  thofe  parts,  to  enter  in  their  books 
 his  remarkable  fayings.  He  had  letters  from  the  fa- 
 mous Gillot,  del  Ifle,  Lefchaffier,  Salma/Io,  Richer,  Boviel, 
 Cafaubon,  Thuanus,  and  other  learned  men  in  France, 
 He  had  alfo  the  honour  of  letters  from  many  princes, 
 and  of  vifits  from  their  fons  ;  and  there  was  one 
 great  prince  in  particular,  who  fending  his  fon  into 
 Italy,  charged  him  to  vifit  Orbis  terrarum  ocellurn, 
 meaning  the  Father.  And  when  the  Dutch  embaf- 
 fador  Arfepn  faw  the  Father  crofs  the  anti-chamber, 
 as  he  was  waiting  for  the  fenate's  anfwer  to  his 
 commiflion,  he  faid  to  one  of  the  fenators  in  his 
 company,  that  having  now  feen  the  moft  eminent 
 man  in  the  world,  he  could  not  think  much  of  the 
 fatigue  and  expence  of  his  journey,  tho'  the  Vene- 
 tians fhould  not  grant  his  demands.  Fulgentio  adds 
 moreover,  that  two  crown'd  heads  invited  him,  by 
 their  embaffadors,  to  enter  into  their  fervice  ;  but 
 the  Father,  with  terms  of  the  greateft  acknowledg- 
 ment, defir'd  to  be  excused  from  quitting  the  fer- 
 vice of  the  government  under  which  he  was  born. 
 
 In  1 62  2,  the  year  before  the  Father  dy'd,  the 
 Prince  of  Conde  coming  to  Venice,  defir'd  by  all 
 means  to  difcourfe  Father  Paul,  who  not  caring  to 
 be  feen  by  him,  the  Prince  fo  befieged  him  in  his 
 monaftery,  that  the  Father  often  ftut  himfelf  up  in. 
 
 his 
 
Father    TAVL-        lxiii 
 
 his  cell  without  his  dinner.  The  Prince,  who  knew 
 he  was  within  all  the  while,  complained,  with  fome 
 uneafinefs,  that  it  was  harder  to  get  a  fight  oi  Fa- 
 ther Paul  than  of  the  Pope  himielf.  But  a  Venetian 
 gentleman  who  accompany'd  the  Prince,  giving  him 
 to  underftand,  that  the  Father,  as  a  tounfeilor  or 
 fiate  to  the  Republic,  could  not  anfwer  to  converfe 
 with  foreign  princes,  or  their  minifters,  without 
 licenfe  from  the  Senate,  the  Prince  not  only  got  a 
 permifTion,  but  a  command  for  the  Father  to  lee  him. 
 The  Father  obey'd  with  reluctance,  becaufe  he 
 rightly  fufpe&ed  that  the  Prince  wanted  him  to  re- 
 folve  not  only  his  own  queftions,  but  thofe  ftarted 
 by  the  curioiky  of  others.  However,  the  Father 
 prevaii'd  that  their  meeting  might  not  be  in  the  mo- 
 nafiery,  but  in  fome  public  place,  where  others 
 might  be  witnefles  of  the  converfation,  which  was 
 in  iubftance  as  follows  : 
 
 The  Prince,  who  was  a  man  of  extraordinary 
 fenfe  and  learning,  wanted  to  know  the  Father's 
 opinion  of  the  protefiants  in  France,  whom  he  was 
 pleas'd  to  reprefent  as  dangerous  to  the  government- 
 But  the  Father  feeing  him  condemn  the  men,  with- 
 out touching  on  the  leaft  point  of  their  do&rine,  art- 
 fully diverted  him,  by  putting  him  in  mind  of  the 
 wifdom  and  valour  of  the  old  Princes  of  Conde,  his 
 father  and  grandfather,  of  which  the  Prince  quick- 
 ly underftood  the  meaning,  and  fo  that  fubject  was 
 wav'd. 
 
 Then  the  Prince  ask'd  his  opinion  about  the  diffe- 
 rence of  fuperiority  between  the  Pope  and  Councils; 
 but  the  Father  got  clear  of  this  queftion  alfo,  by 
 putting  him  in  mind  of  the  Sorbonne,  and  how  much 
 they  were  alter'd  for  the  worfe  fince  the  admittance 
 of  the  Jefuits  into  France. 
 
 The 
 
ixiv         The    LIFE   of 
 
 The  Prince  propos'd  another  queilion,  what  he 
 thought  of  the  liberties  of  the  Gallican  Church?  But 
 the  Father  pafs'd  it  over  in  general  terms,  laying  that 
 the  Parliaments  of  France,  and  the  Sorbonne  itfelf,  had 
 maintained  thefe  liberties  as  the  natural  rights  of  all 
 Churches,  and  that  they  have  been  better  defended 
 in  France  from  ufurpations  than  any  where  elfe- 
 
 The  Prince  puf  a  fourth  queftiori  to  the  Father, 
 about*  the  lawfulnefs  of  being  a  Aided  in  war  by 
 thofe  who  differ  from  us  in  religion  :  To  which  the 
 Father  faid  no  more,  than  that  Pope  Julius  II  made 
 ufe  of  the  Turks  at  Bologna,  and  Paul  IV  of  the 
 Grifons  at  Rome,  calling  them  angels  fent  from  God 
 to  defend  him,  at  the  fame  time  that  he  thought 
 them  heretics.  They  difcourfed  largely  of  the  ex- 
 communication of  Princes,  and  particularly  whe- 
 ther Princes,  tho'  excommunicate,  have  not  the 
 fame  right  as  ever,  by  the  laws  of  God  and  nature, 
 to  the  allegiance  and  obedience  of  their  fubjeóts  ;  or 
 whether  they  ought  tamely  to  fit  itili,  and  leave  not 
 only  their  crowns  and  fcepters,  but  their  Hvqs,  to 
 the  mercy  of  unnatural  rebels  and  feditious  incen- 
 diaries. The  Father's  opinion  upon  this  fubjeci  is 
 learnedly  and  fully  fliewn  in  the  enfuing  treatife. 
 
 The  Prince  alfo  askM  him  who  wrote  the  Hiftory  of 
 the  Council  of  Trent.  To  which  the  Father  anfwer'd, 
 that  it  was  flrange  his  highnefs  did  not  know,  after 
 he  had  reported  to  the  Venetian  embaffador,  at  the 
 French  court,  that  the  author  of  it  was  Frier  Paul! 
 And  the  Father  only  thought  fit  to  add,  that  it 
 was  very  well  known  at  Rome. 
 
 The  difpute  betwixt  the  Republic  of  Venice  and 
 the  Court  of  Rome,  which  was  purely  temporal, 
 about  jurifdic~tion,  Fulgentio  obferves,  was,  by  the 
 advocates  of  the  Romifi  See,  artfully  fuggefied  to 
 be  altogether  fpiritual  and  religious  ;  and  he  adds, 
 
 that 
 
Father    TAVL.        lx¥ 
 
 that  they  affirmed,  both  from  the  pulpit  and  the 
 prefs,  that  thofe  brave  Senators,  who  maintain'd 
 the  caufe  of  the  Republic,  had  a  defign  to  make 
 Venice  a  proteftant  ltatc-  He  fays  further,  that 
 they  particularly  inveigh'd  againft  Father  Paul, 
 as  one  who  had  not  only  ftirr'd  up  the  proteftants 
 to  publifh  books  againil  the  Church  of  Rome,  but 
 had  insinuated  to  the  noble  Venetians,  that  there  was 
 a,  neceffity  of  altering  their  religion,  or  the  Popes 
 vould  enfia  ve  all  Italy.  "  But  if  ever  there  was  a 
 falfhood  in  the  world,  fays  Fulgentio,  this  was 
 one  ;  for  tho3  the  Father  had  as  much  charity  as 
 any  man  for  chriftians  of  differing  opinions,  he 
 always  taught  and  inculcated,  that  every  chris- 
 tian, and  much  more  princes,  ought,  for  the  fake 
 of  confcience  and  good  government,  to  endeavour 
 the  prefervation  of  the  Roman  catholic  religion  : 
 That  God  had  conflituted  princes  as  his  lieute- 
 nants* in  all  chriftian  fiates,  to  be  its  protectors 
 and  nurfing  fathers:  That  they  were  bound  to 
 blefs  God  continually,  for  placing  them  in  the  ca- 
 tholic and  apoftolic  Church  of  Rome  ;  and  that  to 
 abandon  it  would  be  the  wont  misfortune  that 
 could  befall  them:  That  whatever  might  be  the 
 abufes  in  the  Romifi  Church,  they  were  only  to  be 
 imputed  to  the  members  cf  it  ;  that  therefore  no 
 man  ought  to  be  wavering  in  that  faith,  and  that 
 the  catholic  princes  efpecially  mould  not  fuffer  an 
 alteration  of  the  religion  fo  much  as  to  be  men- 
 tioned. He  attributed  the  great  diverflty  of  reli- 
 gious orders  and  fec~ts  to  the  grofs  neglecl  of 
 princes,  who,  for  their  own  interefl:  or  grandeur, 
 furTered  defigning  men  to  impofe  continually  on 
 the  people,  under  colour  of  devotion,  without; 
 considering  that  every  innovation  gains  fome 
 credit  among  the  vulgar,  who  are  always  fondefr 
 
 «  ?  of 
 
Ixvi  7 he  LIFE  of 
 
 €c  of  fuperftition  ;  that  religion  is  moulded  by  it  to 
 C(-  fuch  form  as  mail  bell  anfwer  the  ends  of  thofe 
 u  who  manage  it  ;  and  that  time  and  cuftom  tranf- 
 <c  mit  it  topofierity  with  the  ftamp  of  authority.  " 
 /  Here  Fulgentio  touches  on  the  Father's  opinion  of 
 Popes,  Canons,  and  the  rights  of  Princes  ;  but  thefe 
 articles  are  fo  fully  treated  of,  under  particular 
 chapters,*  in  the  enfuing  difcourfe,  that  'tis  need- 
 le fs  to  mention  them  in  this  place. 
 
 Fufgentio  tells  us,  that  for  ail  this  the  court  òf 
 Rome  proceeded  fo  far,  as  to  brand  the  Father  for  a 
 man  of  no  religion.  But  is  it  poffible,  lays  he,  that 
 fo  fpotlefs  a  life  as  the  Father  led  mould  be  char- 
 geable with  atheifm  and  impiety,  or  that  any  argu- 
 ment mould  be  drawn  for  fo  monftrous  an  accufation 
 from  the  Father's  great  learning,  confidering  that  the 
 holy  fcriptures  impute  atheifm  to  ignorance,  and 
 the  uncontrolled  affections  of  the  mind! 
 
 At  the  fame  time  that  Fulgemio  celebrates  the 
 Father  for  his  great  piety  and  devotion,  he  defies 
 any  man  to  tax  him  with  favouring  fuperftition, 
 either  in  his  words  or  actions. 
 
 He  takes  particular  notice,  that  when  the  Father 
 was  advanced  in  years,  he  not  only  converfed  with 
 the  fenators  of  his  own  age,  but  with  the  young 
 nobility,  to  whom  he  was  a  treafury  of  records  and 
 hiftory.  One  of  them,  Signior  Marco  Emifano,  was 
 fo  dear  to  him,  that  notwithstanding  the  Father's 
 great  and  important  employments,  he  had  accefs  to 
 him  whenever  he  came  ;  and  if  the  Father  was  very 
 bufy,  he  always  took  the  liberty  to  delire  him  to 
 retire,  and  he  comply'd  without  taking  it  amifs. 
 her  Paul  blefs'd  God  that  he  had  met  with  one 
 man  that  fpoke  to  him.  without  a  mask,  for  Sign  or 
 Marco  !e:  him  fully  into  the  characters  of  all  perfons, 
 and  tlie  fiate  of  all  affairs  at  Venice  i  and,  when  the 
 
 Father 
 
Father    P  AV  L.     Ixvii 
 
 Father  was  in  his  declining  age,  modeftly  rallied 
 him  for  perilling  his  ftudies  with  more  intenfenefs 
 than  was  fui  table  to  his  years. 
 
 Father  Paul  was  fo  fubject  to  fevers,  that  every 
 little  accident  threw  him  into  long  and  violent  ones, 
 in  which  he  obferv'd  a  regimen  very  different  from 
 the  common  practice  ;   for  he  would  not  alter  his 
 ordinary  diet,  nor  keep  his  bed,   but  rofe  to  read, 
 write,,  ftudy,  and  perform  all  his  ufual  functions  ;  fo 
 that  no  body  could  tell  when  he  was  lick,  but  by 
 his  afpect.     If  a  raging  fit  came  upon  him  in  the 
 day-time,  he  would  lay  himfelf  along  in  his  cloaths 
 upon  a  cheli  or  a  table,  but  feldom  in  his  bed.    He 
 appointed  his  own  hours  for  eating  ;  and  when  he 
 took  phyfic  it  was  of  his  own  prefcription,  not  com- 
 pounded, but  fimple,  as  caflia,  manna,  or  the  like- 
 He  publickly  declared  it  as  his  opinion,  that  the 
 common  practice  of  phyficians  in  prefcribing,  and 
 of  patients  in  taking  fo  many  purgations  and  other 
 recipes,  only  ferv'd  to  protraci:  recoveries  ;  and  that 
 to  confine  people,  efpecially  thofe  in  years,  to  their 
 beds,    and  make  them  fo  fuddenly  abandon  their 
 ufual  diet  and  exercifes,   naturally  tended  to  weaken 
 them.     This  was  the  Father's  conftant  method  of 
 governing  himfelf,  till  he  was  fixty-one  years  of  age, 
 when  he  was  feiz'd  with  a  violent  fever,  that  held 
 him  eighteen  days  together^    in  the  hot  month  of 
 July,  during  which  he  had  no  appetite  for  either 
 meat  or  drink,  but  loath'd  ail  that  came  near  him'; 
 fo  that  he  was  forced  to  take  the  advice  of  doctors, 
 which   Fulgentio   fays  was  the   fir  it  time  that   he 
 knew  him  refign  himfelf  to  phyficians.      The  public 
 having  appointed  them  to  attend  him,  he  had  many 
 vifits  from  them,  but  ofcen  complained  of  his  being 
 oblig'd  to  alter  his  ufual  methods  and  to  take  others 
 opinions  of  himfelf  before  his  own.     The  phy- 
 
 e  2  iiciansj 
 
Ixviii        The   LIFE  of 
 
 ficians,  and  particularly  his  old  friend  Santorio,  told 
 him  he  was  a  dying  man  ;  but  the  Father  rightly 
 guefs'd  he  mould  not  die  that  bout,  and  rallied 
 his  friend  Fulgentio  for  being  fo  much  concern'd  at 
 what  Santorio  had  faid.  Santorio  going  afterwards  to 
 fee  him,  and  feel  his  pulfe,  the  Father  ask'd  him 
 why  he  would  go  to  flatter  him,  after  he  had  al- 
 ready declar'd  him  a  dead  man  ,*  and  when  Santo- 
 rio  preferi Wà  afles  milk  againft  his  drinefs,  he  mer- 
 rily thank'd  him  for  his  advice,  faying,  that  he 
 thought  a  man  of  above  fixty  years  of  age,  as  he 
 then  was,  too  old  to  be  a  fofier-brother  to  the 
 young  afs  of  whofe  milk  he  prefcrib'd  him  a  part. 
 Fulgentio  adds,  that  he  was  thus  merry  and  facetious 
 in  all  his  fkkneffes  ;  and  that  tho*  he  was  above  iix- 
 ty,  before  he  fubmitted  himfelf  to  phyficians,  yet  in 
 the  latter  years  of  his  life  he  chofe  to  truft  to  the 
 skill  of  thofe  of  the  faculty,  rather  than  to  his  own- 
 The  Father  was  not  a  little  to  be  admired  for  fuch 
 a  happy  union  of  virtues,  as  are  rarely  to  be  met 
 with  in  one  and  the  fame  perfon.  For  both  in  his 
 converfation  and  writings  he  .  was  learned  and 
 humble,  and  wife  and  courteous.  Tho*  retir'd,  he 
 was  active  ;  ferious,  and  pleafant  ;  fharp,  but  in- 
 offenfive  ;  his  ftyle  being  both  concife  and  plain, 
 fweet  and  manly.  Fulgentio,  who  faw  the  notes  he 
 left  behind  him  upon  humane  nature,  thinks  that  no 
 philofopher  ever  div'd  fo  far  into  that  knowledge  as 
 he  did-  He  ufed,  neverthelefs,  to  blufh  when  he 
 heard  himfelf  prais'd  for  any  of  his  excellent  parts, 
 and  he  avoided  a  very  polite  learned  gentleman  of  his 
 acquaintance,  for  no  other  reafon  but  becaufe  he  al- 
 ways fainted  him  with  the  title  of  IUuftriffimo  Padre; 
 and  he  dehYd  Fulgentio  to  tell  him  how  much  he  dif- 
 lik'd  fuch  compliments;  but  the  gentleman  faid,  to 
 
 whom 
 
Father    P  A  V  L.       ixfcc 
 
 whom  then  can  that  title  be  due,  if  not  to  that  angel 
 of  heaven  ?  and  whenever  he  enquired  after  the  Fa- 
 ther's health,  he  ufed  this  or  the  like  expreflion,  how 
 does  that  angel  of  paradife  ? 
 
 The  Father,  however,  was  not  without  his 
 Foibles,  being  at  firft,  like  moil:  other  men  of  pro- 
 found learning,  fomewhat  rigid,  untraceable,  and 
 hard  to  pleafe,  as  at  length  himfelf  own'd,  when 
 told  of  it  ;  but  he  fo  combated  thofe  defects,  that  he 
 intirely  conquer'd  them,  and,  as  has  been  already 
 (hewn,  became  no  lefs  affable,  mild,  and  obfequious, 
 than  he  was  religious,  wife,  and  learned.  He  was 
 indeed  to  the  laft  as  flow  in  his  refolutions,  as  he 
 was  quick  in  his  fpeculations  ;  but  this  Fulgentio  im- 
 puted to  his  extraordinary  knowledge  of  hiftory, 
 and  to  his  afllduous  obfervation  of  examples  and 
 events,  which,  fays  he,  naturally  makes  wife  men 
 cautious  and  diffident  of  their  own  notions  and  opi- 
 nions. 
 
 Fulgentio,  before  he  clofes  his  dear  friend's  illuf- 
 trious  character,  juftly  obferves  how  impoffibie  it  is, 
 efpecially  in  ariftocracies,  to  find  a  body  fo  united 
 for  the  good  of  the  public,  in  which  there  are  not 
 fome  who  will  hate,  threaten,  and  perfecute  thofe 
 who  thwart  their  interefts,  afre&ions,  and  deligns, 
 be  the  oppofition  ever  fo  juft  and  neceflary  :  And 
 here  he  laments  the  unhappy  fate  of  Father  Pa  /, 
 who,  by  his  conftant  poftponing  all  private  vie  /s 
 to  the  public  honour  and  juftice,  gain'd  the  ill- 
 will  of  feveral  great  families  in  the  fenate,  which 
 fome  of  them  could  not  diffemble  even  whi  ~ 
 he  was  living.  But  his  death  was  fo  lamented 
 by  others  of  the  chief  fenators,  that  when  they 
 vifited  his  cell,  which  very  many  did  upon  thac  < 
 cafion,  they  were  pleased  to  obferve  the  religio 
 
 e  3  poverty 
 
Ixx  The  LIFE  of 
 
 poverty  of  it?  and  faid  it  was  a  paradife  where  a 
 good  angel  dwelt.* 
 
 Fulgentio  was  one  of  the  firft  that  went  abort  to 
 honour  the  Father's  memory  by  fome  monument, 
 and  would  very  probably  have  done  it,  if  the  con- 
 vent of  Servi  had  not  hinder'd  him,  by  refolving  to 
 make  it  a  public  act,  But  the  Senate  of  Venice  de- 
 cided the  difpute,  by  decreeing  that  there  fhould  be 
 a  monument  and  an  infeription,  at  the  charge  of 
 the  State,  which,  fays  Fulgentio,  is  like  to  be  the 
 more  magnificent  and  durable,  becaufe  as  yet 
 there  is  nothing  done  in  it.  f  But  tho'  he  has  been 
 now  dead  very  near  a  century,  yet  he  flill  lives,  and 
 ever  will  live,  in  his  own  and  the  works  of  other 
 great  men  of  all  nations,  who  were  his  contempo- 
 raries and  admirers,  with  whofe  character  of  him 
 we  (hall  conclude  his  life,  after  giving  the  following 
 catalogue  of  the  learned  and  ufeful  tracts  he  left 
 behind  him,  calculated  not  only  for  the  fervice 
 of  the  Venetians,  but  for  the  whole  republic  of  lear- 
 ning, and  the  common  caufe  of  chriftianity  through- 
 out 
 
 *  Morery,  in  Ms  Hiftorical  DiBlonary,  fays,  the  people  ufed 
 to  pray  at  the  Father's  grave,  as  fupaoiing  him  a  faint  in  hea- 
 ven, till  Pope  Urban  VITI,  forbad  it. 
 
 |  The  hteBifhop  Rurr.et,  who  was  at  Venice  in  1685,  fays 
 that  he  vifired  the  convent  of  Servi,  and  was  furprized  to  find 
 Father  Patti  not  fo  much  efteemed  there  as  elfevvhere.  But 
 Mrs'M/Jfon,  who  likewife  vifited  this  convent  in  i688>  fays 
 that  he  found  the  friers  to  have  a  great  veneration  for  the 
 Father's  memory  ;  and  that  they  faid,  though  they  knew  not 
 where  his  body  lay,  they  did  not  doubt  but  God  would  dis- 
 cover it  in  due  tirne.  Mr.  Miffon  adds,  that  he  law  and  took 
 a  draught  of  that  digger  the  Father  fo  juftly  cali'd  Stylum 
 Ro-ianurn,  which,  till  1709.  v  hen  he  heard  it  was  remov'd, 
 was  to  be  feen  at  the  foot  of  the  crucifix,  which  is  upon  the 
 Altar  or  St.  Mwdniev,  neir  the  tomb  of  'Thomas  Upomanuf% 
 ^Lai3lr  o.-cr-agiinfr  that  of  the  Doge  Andrew  Vendrdmenoy 
 
Father   P A  V  L. •    lxxi 
 
 out  Europe.     They  are,   befides  many  anonymous 
 pieces  of  feveral  kinds, 
 
 i.  Hi  fior y  of  the  Council  of  Trent.* 
 
 2 .  Treatife  of  the  Eye.  Under  the  name  of  Aqua- 
 fendente. 
 
 3.  Treatife  of  Excommunication- 
 
 4.  Another  on  the  fame  fubjeci:,  with  his  defence 
 of  Johannes  Gerfon   againlt  cardinal  BelLirmin. 
 
 5.  Confiderations  upon  the  Cenfure. 
 
 6.  Le  Confirmations ,  being  a  defence  of  the  confi- 
 derations, under  the  name  of  Fulgentio,  againfl  frier 
 Bovio. 
 
 7.  Supplement  to  the  hifiory  of  the  Ufcoques. 
 
 8.  De  jure  afylou  Petri  Sarpi  Juris  (the  name  he  was 
 known  by  abroad.) 
 
 5?.  Treatife  of  the  Inqiiijhicn  at  Venice. 
 
 10,  Hifiory  of  the  Venetians  during  the  Interdici. 
 
 The  two  laft  tranflated  into  Latin  by  Dr. 
 
 Bedell,    afterwards   bifhop    of   Kilmore. 
 
 The  latter  was  printed  in.    1626  by  the 
 
 Bucks  at  Cambridge.      It  was  alfo  tranf- 
 
 e  4  lated 
 
 *  Ths  Venetians  deflring  Father  Paul  to  write  an  anfwer  to 
 a  book  that  was  publifhed  during  the  quarrel  with  Rome,   in- 
 titled   Scrutinio  del  la  Liberta  Veneta?  or  an  inquiry  into  the 
 Venetian  liberties  ;    the  Father  told  them   he   had  an  anfwer 
 ready,  and  delivered  them  the  hiftory  of  this  Council,  which 
 he  defign'd  to  have  intitled  Concilia  Tridentina  Evi/cerata  ;  but 
 being  apprifed  of  the  danger  of  it  by  his  friends,  he  alter'J 
 his  mind.      It  came   firft  into  the  world  by    the  means    r,f 
 Mark  Anthony  de  Vominis   archbiiliop   of  Spalti,    who  bein^ 
 exafperated  by  the  court  of  Rome,   got  it   printed  at  London 
 in  1619.    Bedell,  who  tranflated  part  of  it,  fays  it  was  divided 
 into  eight  tomes.   We  find  it  was  tranflated  twice  into  ì  r 
 once  by  Deodati,    and  another  time  by  M.  Amelot  de  I  - 
 £ut  both  thofe  tr inflations  are  reckon'd  faulty.      There  is  in 
 abridgment  of  this  hiftory  done  by  M.  furitu* 
 
Ixxii    j     The  L  1  FE  of 
 
 lated  into  Englifi  the  fame  year  by  Dr, 
 Potter,  and  printed  by  Bill  the  King's 
 Printer. 
 ii.  Rights  of  Sovereigns,  &c.  firft  printed  in  Italian 
 and  French  in  Holland,  in  1721. 
 
 12.  Hiftory  of  the  Valteline. 
 
 1 3 .  Maxims  of  the  Government  of  Venice. 
 
 14.  Taraci  of  matters  beneficiary. 
 
 15.  *Two  others  upon  the  Dominion  of  the  Adri- 
 atic Sea. 
 
 Out  of  the  many  great  tcftimonies  that  might  be 
 collected,  we  have  made  choice  of  thefe  that  follow, 
 which  not  only  fupport  the  mighty  character  Ful- 
 genzio has  given  the  Father,  but  contain  fome  par- 
 ticulars which  he  feems  to  have  been  unacquainted 
 with. 
 
 I.  Mark  Anthony  de  Dominis,  Archbishop  of 
 Spalato,  who  deferti ng  the  Church  of  Rome  came 
 ever  to  England,  and  was  by  King  James  I.  made  Dean 
 of  Windfor.J  This  was  the  Perfon,  who,  as  was 
 before  obferv'd,  had  the  chief  hand  in  publifhing 
 the  firft  edition  of  the  father's  H/flory  of  the  Council 
 of  Trent  ;  and  he  inferib'd  it  to  his  majefly,  with 
 the  following  eulogium  on  its  great  author,  the  fame 
 which  Mr.  Bedell  quotes  in  his  dedication  of  the 
 Father's  Trcatife  of  the  Interdici:  to  King  Charles  I. 
 
 "  He  was  a  man  of  great  learning,  judgment, 
 ec  and  integrity,  and  of  a  fnoft  even  difpofition  ; 
 u  one  who  moil  iincerely  endeavoured  to  compofe 
 a  ecclefialiical  difcord,  and  who,  notwithfhnding 
 (C  the  difadvantages  of  a  cramp'd  education,  made 
 "  it  manifeit  that  he  framed  his  life  by  the  rule  of 
 'iC  a  good  confeience,  and  not  by  the  prejudices  of 
 "  the  world  around  him.  He  heard  with  uneaii- 
 cc  nefs  any  indecent  reflections  on  the  Church  of 
 cc  Rome,  and  vet  he  fhow'd  an  earneft  diffent  from 
 
 Ci  thofe 
 
F-ATHER      P  AV  L>       lxxiij 
 
 ec  thofe  who  regarded  its  abufes  and  corruptions 
 cc  as  fecred  inftitutions.  He  was  moreover  a  iteady 
 "  adherent  to.  and  conftant  follower  of  the  truth, 
 "  and  thought  it  his  duty  to  receive  and  embrace 
 "  it  wherever  he  found  it. 
 
 II.  Sir  H  e  n  r  y  W  o  t  t  o  n,  whom  King  James  L 
 fent  three  times  embafiador  to  the  fiate  of  Fenice.'} 
 This  Gentleman  having  been  well  acquainted  with 
 the  Father,  and  lived  hard  by  his  monaftery,  gave  z 
 very  good  account  of  him  to  his  friends  here,  which 
 is  tranfmitted  to  us  in  his  remains,  called  RelliquLe 
 TVottoniana,  printed  by  Msffieurs  Tooke  and  Sawbridge 
 in  1 68$.  The  firit  thing  we  {hall  take  notice  of,  is 
 a  letter  which  Sir  Henry  fent  to  King  Charles  I.  in 
 1627,  recommending  William  Bedell,  who  had  been 
 his  firit  chaplain  at  Venice,  to  the  vacant  poll  of  pro- 
 volt  of  the  college  of  Dublin,  which  he  according- 
 ly obtained  and  enjoy'd,  till  he  was  advane'd  to  the 
 bifhoprick  of  Kilmore.  Sir  Henry  thought  he  could 
 not  give  his  favorite  a  greater  encomium,  than  to 
 let  his  Majefty  know  hpw  much  he  was  eiteem'd  by 
 the  great  Father  Paul.  *  Therefore,  fays  he,  "  this 
 cc  is  the  man  whom  Padre  Paolo  took,  I  may  fay, 
 cc  into  his  very  foul,  with  whom  he  communicated 
 "  the  in  warded  thoughts  of  his  heart,  and  from 
 <£  whom  he  profefled  to  have  received  more  know- 
 4C  ledge  in  all  divinity,  both  fcholaftical  and  poii- 
 "  tive,  than  from  any  that  he  had  ever  practifed  in 
 <c  his  days  ,•  of  which  ail  the  paflages  were  well 
 cc  known  to  the  king  your  father,  &c. 
 
 The  fecond  is  a  letter  dated  January  17,  1637. 
 which  Sir  Henry  fent,  with  the  Father's  picture  in- 
 clofed,  to  the  provoft  and  regius  profefl'or  of  divi- 
 nity in  Cambridge.     In  it  are  thefe  words  : 
 
 "  I  make  bold  to  fend  you,  for  a  new  year's  gift, 
 u  a  certain  memorial,  not  altogether  unworthy  of 
 
 "  fome 
 
lxxiv        The  L  I  FE  of 
 
 "  fome  entertainment  under  your  roof;  namely,  a 
 "  true  picture  of  Padre  Paolo  the  Servita,  which  was 
 <c  firft  taken  by  a  painter  whom  I  fent  unto  him 
 tc  from  my  houfe  then  neighbouring  his  monaflery. 
 "  I  have  newly  added  thereunto  a  tide  of  mine  own 
 <c  conception,  Concila  Tridentini  Evìfcerator  ;  and  had 
 <c  fent  the  frame  withal,  if  it  were  portable,  which 
 "  is  but  of  plain  deal,  coloured  black  like  the  habit 
 tc  of  his  order.  You  have  a  luminous  parlour  —  In 
 *c  that  room  I  befeech  you  to  allow  it  a  favourable 
 <c  place  for  my  fake  :  And  if  any  {hall  ask,  as  in  the 
 
 table  of  Cebesy  nvog  iqi  <t4  £  ayutyct,  I  am  defirous 
 "  to  characterize  a  little  unto  you  fuch  part  of  his 
 "  nature,  cuftoms,  and  abilities,  as  I  had  occafion 
 <c  to  know  by  fight  or  by  inquiry. 
 
 *  He  was  one  of  the  humbleft  things  that  could 
 cc  be  feen  within  the  bound  of  humanity  ,•  the  very 
 cc  pattern  of  that  precept,  Quanto  dotlior  tanto  fub- 
 cc  mifficr,  and  enough  alone  to  demonflrate,  that 
 cc  knowledge  well  digefted  non  inflat  :  Excellent  in 
 <c  pofitive,  excellent  m  fcholaftical  and  polemical 
 u  divinity  :  A  rare  mathematician,  even  in  the  moft 
 "  abilrufe  parts  thereof,  as  in  algebra  and  the 
 <c  theoriques  ;  and  yet  withal  fo  expert  in  the  hifto- 
 <c  ry  of  plants,  as  if  he  had  never  perufed  any  book 
 <c  but  nature.  Laflly,  a  great  canonift,  which  was 
 <c  the  title  of  his  ordinary  fervice  with  the  fiate  : 
 <c  And  certainly,  m  the  time  of  the  Pope's  inter- 
 "  dici,  they  had  their  principal  light  from  him. 
 cc  When  he  was  either  reading  or  writing  alone,  his 
 "  manner  was  to  fit  fenc'd  with  a  calile  of  paper 
 <c  about  his  chair,  and  over  head,-  for  he  was  of 
 "  our  lord  of  St.  Albans  opinion,  that  ail  air  is  pre- 
 tc  datoryi  and  efpecially  hurtful  when  the  fpirits  are 
 ci  moft  employed.  You  will  find  a  fear  in  his  face, 
 *'  that  was  from  a  Roman  ailaflinate,  that  would 
 
 "  have 
 
Father   P AV  L.     lxxv 
 
 have  kill'd  him  as  he  was  turned  to  a  Wall  near 
 to  his  convent  ;  and  if  there  were  not  a  greater 
 providence  about  us,  it  might  often  have  been  eafily 
 done,  efpecially  upon  fucli  a  weak  and  wearyifh 
 body.  He  was  or  a  quiet  and  fettled  temper, 
 which  made  him  prompt  in  his  counfels  and 
 anfwers  ;  and  the  fame  in  conf'iltation  which 
 Themiftocles  was  in  action,  9Avro<r%6$niZerj-iyLuv6Turog9 
 as  will  appear  unto  you  in  a  paifage  between  him 
 and  the  Prince  of  Conde.  [Here  Sir  Henry  confirms 
 the  dialogue  that  Fulgentio  relates  between  the  Father 
 and  that  Prince.']  Then  he  gives  an  account,  that 
 when  the  Archbifhop  of  Spalato  above-mentioned 
 return'd,  upon  fome  difcontent,  from  England  to 
 Rome,  where  he  renounced  the  Protettane  religion, 
 cardinal  Ludovifio,  nephew  to  Pope  Gregory  XV, 
 went  to  welcome  him  into  the  lap  of  the  Church, 
 and  told  him  that  the  Pope  expected  he  fhould  re- 
 cant fome  books  he  had  publiuYd  whiltt  he  ttocd 
 in  revolt  ;  but  that  as  to  The  H/ftory  of  the  Council 
 of  Trent*  tho'  the  archbifhop  had  an  epittie  be- 
 fore the  original  edition,  the  Pope  would  rot  prefs 
 him  to  difown  it,-  Becaufe,  faid  the  cardinal,  we 
 know  well  enough  that  Frier  Paul  is  the  author  of  that 
 brat.  But  Sir  Henry  fays,  that,  to  his  knowledge, 
 no  fuch  recantation  was  ever  printed,  whether  be- 
 caufe  he  dy'd  foon  after,  or  whether  the  court  of 
 Rome  thought,  upon  farther  confederation,. -that 
 things  extorted  with  fear  carry  no  credit,  even 
 by  the  Prx  tor's  edict.  Neverthelefs,  other  hOio- 
 ries  of  that  time  tell  us  that  he  dyM  in  prifon, 
 and  that  after  his  death  his  corpfe  find  writings 
 were  burnt  for  herefy  in  Flora  s- field.  Sir  Henry 
 concludes  his  remarkable  letter  as  follows.  cc  Thus 
 ■ — I  have  taken  pleafure  to  remember  that  man 
 whom  God  appointed  and  furnifn'd  for  a  proper 
 
 V  inftm- 
 
« 
 
 Ixxvi       The    LIFE    of 
 
 Cc  inftrument  to  anatomife  that  pack  of  reverend 
 cc  cheaters,  among  whom  (I  fpeak  of  the  greater 
 "  parr,  exceftis  Junior  ibus)  teligion  was  muffled  like  a 
 u  pair  of  cards,  and  the  dice  fo  many  years  were 
 "  fet  upon  us. 
 
 Dr.  Ifaac  Walton,  who  wrote  Sir  Henry's  life,  takes 
 notice,  "  That  the  conteft  betwixt  the  Pope  and 
 cc  the  Republic  was  the  occafion  of  Father  Paul's 
 <c  knowledge  of  and  intereft  with  King  James;  and 
 cc  that  for  his  fake  he  compiled  "The  Hiflory  of  the 
 "  Council  of  Trent,  which,  as  fall:  as  it  was  written, 
 cc  was  fent  m  feveral  meets  in  letters,  by  Sir  Henry 
 <c  Wotton,  Mr.  Bedell,  &c.  to  King  James  and  the 
 <c  Archbifhop  of  Canterbury,  and  publiflied  here  both 
 <c  in  Englifh  and Lutin"  The  Do&or  remarks  farther, 
 
 That  the  report  of  the  Venetians  being  inclined  to 
 
 turn  proteftant,  obtained  the  more  credit,  be- 
 cc  caufe  Sir  Henry  Wotton  was  ofcen  in  conference 
 <c  with  the  Senate,  and  his  chaplain  Bedell  more 
 *  often  with  Father  Paul. 
 
 III. Sir  Isaac  Wa  k  e,  ivho  was  King  James3»-  M- 
 ri'fler  at  the  Court  of  the  Duke  of  Savoy.]  In  the 
 Cabala,  which  was  printed  at  London  in  1654,  there 
 is  a  letter  from  .Sir  Ifaac,  dated  from  Turin  in  Oclcber 
 1619,  and  directed  to  the  then  fecretary  of  itate  ; 
 in  which  he  has  thefe  very  words  :  "  Signior  Donato, 
 "  who  was  the  Venetian  embaflador,  hath  not  been 
 a  wanting  to  ruin,  as  far  as  he  could,  Padre  Paolo 
 "  and  Fulgentio,  two  perfons  in  Venice  that  have 
 tC  done  his  Majefty  very  long  and  faithful  Service, 
 <c  as  by  an  inclofed  paper  your  honour  may  fee, 
 <c  which  is  an  abftract  of  a  letter  written  from  Fui- 
 <c  gentic  N.  B.  We  don't  find  this  abfiratl  in  the 
 Col  le  òli  on* 
 
 IV.  Dr. 
 
Father   PAVL>     Ixxvii 
 
 IV"-  D,  Burnet,  the  late  bijhop  o/Sarum.]  In  his 
 Life  of  Dr.  William  Bedell,  bifhop  of  Kilmore,  he 
 gives  this  Character  of  Father  Paul. 
 
 "  He  was  equally  eminent  for  vaft  learning  and 
 Cc  mod  confummate  prudence,  and  was  at  once  one 
 "  of  the  greateft  "divines  and  of  the  wifeft  men  of  his 
 "  age.  But  to  commend  the  celebrated  hiftorian  of 
 <c  the  Council  of  Trent,  is  a  thing  fo  needlefs  that  I 
 <c  may  well  flop-  Yet  it  mult  needs  raife  the  cha- 
 c<  racier  of  Bedell  much,  that  an  Italian,  who  befides 
 <c  the  caution  that  is  natural  to  the  country,  and 
 "  the  prudence  that  obliged  one  in  his  circumftances 
 "  to  a  more  than  ordinary  diflruft  of  all  the  world, 
 cc  was  tied  up  by  the  itriciinefs  of  that  government 
 "  to  a  very  great  refervednefs  with  all  people,  yet 
 cc  took  Bedell  into  his  very  foul,  &c.  repeating  Sir 
 Henry  Wotton'j  charafler  of  him  in  his  afore/aid 
 letter  recommendatory  to  King  Charles. 
 
 The  bifhop  fays,  cc  That  the  Father  afliiled 
 cc  Bedell  in  acquiring  the  Italian  Tongue,  in  which 
 "  he  became  a  perfect  matter  ;  and  that  in  requital 
 tc  he  drew  a  Grammar  of  the  Englijh  tongue  for 
 cC  the  Father's  ufe  ,•  and  he  alfo  tranflated  the 
 <c  Englijh  Common-Prayer  Book  into  Italian,  which 
 <f  Father  Paul,  and  the  feven  divines,  who,  during 
 cC  the  interdici,  were  commanded  by  the  fenate 
 <c  both  to  preach  and- write  againft  the  Pope's  au- 
 "  thority,  liked  fo  well,  that  they  refolved  to  have 
 <c  made  it  their  pattern,  in  cafe  the  difference  be- 
 <c  tween  the  Pope  and  them  had  produced  the  effect 
 <c  which  they  hoped  and  long'd  for.  The  intimacy 
 "  between  them  grew  fo  great  and  fo  public,  that 
 "  when  Father  Paul  was  wounded  by  thofe  affaffins 
 €S  that  were  fet  on  by  the  court  of  Rome  to  deitroy 
 <c  lo  redoubted  an  enemy,  upon  the  failing  of  whicii 
 "  attempt  a  guard  was  fet  on  him  by  the  fenate, 
 
 c<  that 
 
lxxviii      The    LIFE    of 
 
 <c  that  knew  how  to  value  and  preferve  fo  great  a 
 cc  treafure,  and  much  precaution  was  ufed  before 
 <c  any  were  admitted  to  come  to  him,  Bedell  was  ex- 
 <c  cepted  out  of  their  rules,  and  had  free  accefs  to 
 "  him  at  all  times.  They  had  many  and  long  dif- 
 "  courfes  concerning  religion.  He  found  Father  Paul 
 <c  had  read  over  the  Greek  New  Teflament  with  fo 
 <c  much  exaótnefs,  that  (as  Fulgentio  tells  us  in  his 
 <c  life»)  he  had  mark'd  every  word  of  it  :  And  when 
 <c  Bedell  fuggefled  to  him  critical  explications  of 
 cc  fome  paflages  which  he  had  not  underftood  be- 
 cc  fore,  he  received  them  with  tranfports  of  one 
 (C  that  leap'd  for  joy,  and  that  valued  the  difcove- 
 *'  ries  of  divine  truth  beyond  all  other  things. 
 
 The  bifhop  takes  notice  of  a  book  printed  by 
 "Thomas  Maria  Caraffa  a  Jefuit,  containing  feveral 
 hundred  thefes  of  philofophy  and  divinity,  and  by 
 him  dedicated  to  the  Pope,  with  fuch  an  impudent 
 and  extravagant  infcription,  as  no  true  chriftians 
 could  read  without  aftonifhment,  it  being  infcribed 
 To  Paul  V.  ^Vice-God,  the  mofi  invincible 
 Monarch  of  the  Chriflian  Commonwealth,  and  the  mofi 
 zealous  AJferter  of  the  Papal  Omnipotency.  But  the  Bi- 
 fhop fays,  "  That  Bedell  obferving  the  numeral  let- 
 "  ters  of  the  firft  words,  Paulo  V.  Vice-Deo, 
 <c  being  put  together,  made  exactly  666,  the  number 
 <c  of  the  beaft  in  the  Revelations,  he  communica- 
 tC  ted  this  to  Father  Paul  and  the  feven  divines, 
 "  who  carry'd  it  to  the  Doge  and  Senate  ;  and  that 
 "  it  was  entertained  almoft  as  if  it  had  come  from 
 IC  heaven  ;  and  it  was  publickly  preached  in  ali 
 "  their  territories,  that  here  was  a  certain  evidence 
 "  that  the  Pope  was  Anti-chriit. 
 
 The  Bifhop  obferves,  "  That  at  laft  the  breach 
 "  between  the  Pope  and  the  Republic  was  brought 
 <c  fo  near  a  crifis,  that  it  was  expected  a  total  fe- 
 
 i(  paration* 
 
Father    TAVL.      Ixxix 
 
 paration,  not  only  from  the  Court,  but  the 
 Church  of  Rome,  was  like  to  follow  upon  it  ;  and 
 that  it  was  forwarded  by  Father  Paul  and  the 
 (even  divines  with  fo  much  zeal,  as  well  as  pru- 
 dence, that  Father  Paul  and  the  feven  divines 
 prefled  Mr.  Bedell  to  move  the  embaflador,  who 
 was  his  patron  Sir  Henry  Wotton,  to  prefent  King 
 James's  premonition  to  ail  Chriftian  Princes  and 
 fiate s,  which  was  then  put  in  Lathi,  to  the  Se- 
 nate, and  that  they  were  confident  it  would  pro- 
 duce a  great  eflècì:  ;  but  the  embaflador  could  not 
 be  prevailed  on  to  do  it,  tho'  Father  Paul,  with 
 the  feven  divines,  and  many  others,  were  weary 
 of  the  corruptions  of  their  worfhip,  and  groaning 
 for  a  reformation.  But  when  the  reconciliation 
 with  Rome  was  concluded,  Father  Paul  was  out 
 of  all  hopes  of  ever  bringing  things  back  to  fo 
 promifing  a  conjuncture  ;  upon  which  he  wifhed 
 he  could  have  left  Venice,  and  come  over  to  Eng- 
 land with  Mr.  Bedell  ;  but  he  was  fo  efteem'd  by 
 the  Senate  for  his  great  wifdom,  that  he  was  con- 
 futed by  them  as  an  oracle,  and  trufted  with 
 their  molt  important  fecrets  ;  fo  that  he  faw  it 
 was  impcfììble  for  him  to  obtain  his  conge  ;  and 
 therefore  he  made  a  fhift  to  comply,  as  far  as 
 he  could,  with  the  eftablifhed  way  of  their  wor- 
 fhip ;  but  he  had  in  many  things  particular  me- 
 thods, by  which  he  rather  quieted  than  fatisfled 
 his  confeience.*  In  faying  of  mafs  he  paffed  over 
 many  parts  of  the  canon  ,*  and  in  particular  thofe 
 prayers  in  which  that  facrifice  was  ottered  up  to 
 the  honour  of  faints.  He  never  pray'd  to  faints, 
 nor  joyn'd  in  thofe  parts  of  the  offices  that  went, 
 againft  his  confeience  ;  and  as  in  private  confef- 
 fions  and  difcourfes  he  took  people  off  from  thofe 
 abufes,  and  gave  them  right  notions  of  the  puri- 
 
 "  ty 
 
Ixxx         The    LIFE   of 
 
 ty  of  the  chriftian  religion  ;  fo  he  hoped  he 
 was  fowing  feeds  that  might  be  fruitful  in  an- 
 other age  ;  and  thus  he  believed  he  might  live 
 innocent  in  a  Church  that  he  thought  defiled. 
 And  when  one  preffed  him  hard  in  this  matter, 
 and  objected  that  he  dill  held  communion  with 
 an  idolatrous  Church,  and  gave  it  credit  by  ad- 
 hering outwardly  to  it,  by  which  means  others, 
 wiio  depended  much  on  his  example,  would  be 
 likewife  encourag'd  to  continue  in  it  ;  all  the 
 anfwer  he  made  was,  that  God  had  not  given 
 him  the  fpirit"  of  Luther.  He  exprefied  great 
 tendernefs  and  concern  for  Bedell  when  he  par- 
 ted with  him  ;  and  faid  that  both  he  and  many 
 others  would  have  gone  over  with  him ,  if 
 it  had  been  in  their  power  ;  but  that  he  might 
 never  be  forgot  by  him,  he  gave  him  his  picture, 
 with  a  Hebrew  Bible  without  points,  and  a  little 
 Hebrew  Pfalter,  in  which  he  wrote  fome  fentences 
 expreffing  his  efteem  and  friendship  for  him  ;  and 
 with  thefe  he  gave  him  the  invaluable  manufcript 
 of  'The  Hiftory  of  the  Council  of  Trent,  together  with 
 the  Hiftories  of  the  Interdict  and  the  Inquifition  ;  be- 
 fides  other  papers  of  great  importance,  which 
 were  afterwards  loft  ;  for  in  Mr.  Bedell's  letter  to 
 Dr.fVard,  he  mentions  a  collection  of  letters  that 
 were  fent  him  weekly  from  Rome,  during  the  con- 
 tefts  between  the  Jefuits  and  Dominicans,  concer- 
 ning the  efficacy  of  grace,  of  wAich  Father  Paul 
 fent  him  the  originals,  but  would  not  allow  him 
 to  print  them. 
 V.  M.  J  u  r  i  e  u,  the  famom  French  divine,  who 
 -abridgd  Father  Paul'*  Hiftory  of  the  Council  of 
 Trent  ;  and  wrote,  befides  other  folid  difcomfes,  thofe  called 
 the  Paftoral  Letters.]  In  his  twenty-flrft  letter  he  fays, 
 "  The  Father  knew  the  corruption  of  the  Roman 
 
 "  Church, 
 
Father    P AV  L.     lxxxi 
 
 "  Church,  at  leaft,  as  well  as  Luther,  made  no  fe- 
 tc  cret  of  it,  and  no  eminent  protfeftant  palled  by 
 cc  Venice  to  whom  he  did  not  difcover  himfelf  con- 
 <c  cerning  it.  They  often  reprefented  to  him,  how 
 <(  obliged  he  was  in  confcience  to  break  with  a 
 u  Church,  the  impurity  and  idolatry  whereof  he 
 "  fo  well  underftood  ;  but  he  had  a  thoufand  rea- 
 u  fons  to  offer  in  his  own  behalf,  faying  fomenmes 
 "  that  he  feparated  the  good  from  the  bad,  fome- 
 "  times  that  he  was  of  ufe  to  a  thoufand  perfons 
 fC  who  lay  hid,  and  had  good  fentiments.  And  at 
 "  laft,  when  preffed  hard,  he  would  own  that  God 
 <c  had  not  given  to  him  the  heart  and  fpirit  of  L«- 
 "  ther.  Upon  the  whole,  fays  M.  Jurieu,  'tis  cer- 
 "  tain  that  if  Father  Paul  had  been  of  the  temper 
 €i  and  fpirit  of  Luther,  Venice  had  been  at  this  day 
 cc  what  Geneva  is;  and  if  Luther,  Zuinglim,  and 
 **  Calvin,  had  been  of  the  temper  and  fpirit  of  Fa- 
 M  ther  Paul,  all  Europe  had  been  yet  what  Venice  is 
 "  to  this  day. 
 
 VI.  Sir  T  h  o  m  a  s  PoPe  Blount  Bart,  in  his 
 
 Cenfura  celebriorum  Authorum,  quotes  fome  authori- 
 ties to  prove  that  Father  Paul  was  the  firft  that  dis- 
 covered the  circulation  of  the  blood  ;  but  this  be- 
 ing a  matter  too  important  to  be  taken  intirely  up- 
 on the  credit  of  thofe  authorities,  and  Father  Paul 
 wanting  not  the  acceffion  of  any  honour  that  does 
 not  really  belong  to  him,  an  Englijh  chirurgeon  has 
 been  confulted  upon  this  fubject,  who  is  celebrated 
 for  one  of  the  mod  accurate,  and  indefatigable 
 inquirers  of  this  age  into  ancient  and  modern 
 hiltory,  efpecially  that  of  phyflc  and  chirurgery, 
 and  who  was  not  long  ago,  for  his  fervices  to  the 
 faculty  in  that  refpeót,  admitted  a  fellow  of  the 
 royal  fociety.  The  Perfon  here  meant  is  Mv.PPffltom 
 
 i  Beckett, 
 
lxxxii       The   LIFE  of 
 
 Beckett,  who  has  juft  publifiied  that  carious  differta- 
 tion  concerning  one  Touching  jb%  the  Cure  of  the  Kings 
 Evil,  in  two  letters  to  Dr.  Steigertabl  phyfician  to 
 his  Majefty,  and  Sir  Hans  Sloan  Bart.  This  gentle- 
 man, whpfe  opinion  commands  no  fmall  deference, 
 feems  to  give  the  merit  of  the  diicovery  of  this 
 noble  fecrer,  to  our  learned  countryman  Dr.  William 
 Harvey,  who  was  chief  phyfician  to  King  James  and 
 iLing'Charles  I.  and  '  profefibr  of  mathematics  and 
 chirurgery  in  the'  College  of  P  Infici  at?  s  in  London. 
 However,  we  will  fin!  give  Sir  Thomas  Pope  Blount  $ 
 teftimonies,  together  with  Fulgentws  account  òf  this 
 matter  in  favour  of  Father  Paul;  and  then  bring 
 Mr.  Beckett's  teftimony  in  favour  of  Dr.  Harvef,  fub- 
 mi  t  ting',  both  to  the  judgment  of  the  curious.  Sir 
 ThomaiS  teftimonies  are  thefe. 
 
 Johannes  Leonkenus ,  who  fays,  tome  i.  of 
 Nouveìles  de  la  Republique  des  iMtres,  "That  Father 
 "  Paul  difcovered  the  circulation  of  the  blood  and 
 €C  the  valves  of  the  vdns,  but  that  he  did  not  care 
 "  to  publifh  it  for  fear  of  bringing  a  ftorm  upon 
 <c  him,  becaufe  he  was  To  much  fufpe&ed  before, 
 <c  that  his  very  flarting  of  this  new  hypothefis  was 
 iS  enough  to  iiave  confirmed  him  for  a  heretic  in 
 ,c  countries  of  the  inquifition.  Therefore  he  di- 
 (i  vulged  his  fecret  to  no  body  but  Aquapendente, 
 cc  and  the  Englifi  embailador.  The  former  was  ex- 
 cc  ceeding  cautious  how  he  reveal'd  it,  and  ftaid  till 
 cc  the  Father  was  dead  before  he  put  the  book, 
 Ci  which  he  had  composed  touching  the  valves  of 
 <c  the  veins,  into  the  hands  of  the  Republic  of 
 <c ,  Venice  ;  and  forafmuch  as  even  the  leaft  novelties 
 C£  make  a  mighty  noife  in  that  country,  the  book 
 lt  was  conceal'd  in  the  library  of  St.  Marks.  But 
 c<  Leoni cenus  pbferves,  that  as  Aquapendente  made  no 
 u  fcruple  however  to  reveal  the  fecret  to  a  very  cu- 
 
 ■   rious' 
 
a 
 
 Father  P A  V  L.    lxxxiii 
 
 rious  young  gentleman,  Mr.  Harvey,  who  fiudied 
 
 under  him  at  Padua;  and  as  Father  Paul  had  al- 
 
 fo  imparted  it  to  the  Engl/Jh  embalfador,  thore 
 
 two  Englifb  men  returning  home,    and  finding 
 
 c  themfelves  in  a  free  country,  publimcd  the  hypo- 
 
 <c  thefis,    and  having  con  firmed  it  by  experiments, 
 
 "  had  all  the  honour  of  it. 
 
 Carolus  FacaJJatus ,  in  his  prefatory  epiftle  to 
 Mulpighim,  fays  that  a  certain  Italian  found  out  the 
 circulation  of  the  blood  before  Harvey  ;  and  John 
 WalauSy  in  his  epiftle  to  Bartholin^  a  phylician  or. 
 eminence  in  Siueden,  brings  Father  Paul  upon  the 
 ftage  as  the  firft  difcoverer  or  that  noble  fecret. 
 
 Dan.  Geo.  Morhof  fays  alfo,  that  the  Father  dif- 
 covered  the  circulation  before  Harvey^  and  takes  no- 
 tice that  the  Englijh  were  angry  with  Bartholin^ 
 that  he  fhould  go  about  to  rob  their  doctor  of  the 
 glory  of  the  invention.  This  Morhof  adds  that  the 
 Father,  whom  he  calls  the  Phoenix  of  his  Age,  wrote 
 to  Ifaac  Cafaubon  in  England,  to  make  intereft  for  him 
 with  the  King,  if  the  ill  fiate  of  affairs  fhould  o- 
 blige  him  to  leave  Venice. 
 
 Fulgentios  account  of  this  matter  is  as  follows» 
 "  The  difcovery  of  the  valves  of  the  veins  w:.s 
 "  firft  fiarted  by  Aquàpendente  at  a  public  anatomy  ; 
 "  but  there  are  fiill  living  many  eminent  and  iear- 
 "  ned  phyfìcians,  among  whom  are  Santono  and 
 "  Peter  AJfelmeau  a  Frenchman,  who  know  that  it 
 "  was  no  fpeculation  or  invention  o£  Aquàpendente, 
 "  but  of  Father  Paul's  ;  who,  considering  the  gra- 
 tc  vity  and  weight  of  the  blood,  conceived  a  nc- 
 tc  tion  that  it  could  not  ftay  in  the  veins,  except 
 "  there  were  fome  bunch  to  hold  it  in,  fome  folds 
 u  or  (huttings,  at  the  opening  and  doling  of  which 
 M  there  was  given  a  pailage  and -neeeifary  equilibrium 
 c  to  life*  And  upon  his  own  natural  judgment  he 
 f  2  !'  apply'd 
 
Ixxxvi      The   LI  FE  of 
 
 "  it  ;  but  on  the  contrary,  his  inquiries  difcovered 
 <c  the  certainty  of  Harvey's  demonstrations,-  and,  as 
 "  Plempim  in  his  writings  afterwards  acknowledges, 
 cc  he  was  by  this  means  refuted  and  exploded  him- 
 cc  felf.  When  this  would  not  do,  Walaus  trumps  up 
 "  the  ftory  of  Father  Paul  ;  but  not  bringing  any 
 cc  authority  to  juftify  from  whence  he  had  it,  and 
 <l  he  being  a  declared  enemy  to  Harvey  and  his  doc- 
 <c  trine,  any  one  may  readily  judge  what  credit  is 
 <c  to  be  given  to  it.  Another  perfon,  who  attemp- 
 <c  ted  to  rob  Harvey  of  the  honour  of  this  difcovery, 
 "  was  'Thomas  Bartholine,  who  pretends  to  affirm 
 "  that  Veflingius  had  communicated  to  him,  as  à 
 "  fecret  never  to  be  reveal'd  to  any  third  perfon, 
 cc  that  the  circulation  of  the  blood  was  the  inven- 
 u  tion  of  Father  Paul  the  Servite,  who  had  written 
 €i  a  book  of  it,  which  was  in  the  cuftody  of  Fulgen- 
 cc  tio  at  Venice.  But  to  prove  that  this  whifpered 
 <c  ftory  was  a  mere  forgery,  we  are  to  obferve,  that 
 <c  this  Fulgentio,  who  wrote  the  life  of  Father  Paul, 
 <c  and  who  has  taken  care  to  attribute  to  him  all 
 ct  the  fubtile  {peculations  and  natural  fecrets  he 
 <c  was  matter  of,  fays  not  one  word  about  his  ha- 
 <c  ving  difcovered  the  circulation  of  the  blood,  or 
 "  that  he  had  in  his  hands  any  fuch  manufcript  as 
 <c  Bart  holme  has  talk'd  of,  the  mention  of  which  he 
 "  would  never  have  fuffer'd  to  have  efcap\i  him, 
 <c  feeing  it  would  have  added  fo  much  to  the  glory 
 <c  of  Father  Paul,  to  whom  he  has  done  fo  much 
 <c  honour-  Befides  this,  it's  very  plain  from  Fui- 
 *c  gentios  account  of  Father^PWs  difcovery  of  the 
 <c  valves  in  the  veins,  that  he  did  not  know  the 
 cc  true  ufe  of  them  ;  and  from  his  mentioning  the 
 "  flux  and  feflux  of  blood  in  the  fame  veflel,  he 
 <c  was  ftill  much  farther  from  having  any  juft  idea 
 "  of  the  blood's  circulation»    So  that  we  fliall  ftil! 
 
 ?  find 
 
Father   T AV  L.       lxxxvii 
 
 "  find  that  Dr.  Harvey  was  the  man,  who,  by  the 
 Cf  help  of  an  admiraole  fagacity,  aflifted  by  a  vaft 
 "  number  of  anatomica]  difieftions,  and  an  affidu- 
 "  ous  application  to  thefe  aflairs  for  many  years  to- 
 tc  gether,  did  at  I  a  ft  arrive  at  the  invidious  felicity 
 cc  of-  this  great  difcovery. 
 
 'Tis  confeffed,  that  the  teftimonies  we  have  quo- 
 ted, relating  to  the  circulation  of  the  blood,  would 
 have  been  fitteft  for  a  treatife  of  anatomy  ;  but  we 
 hope  that  none  will  think  it  an  unneceffary  digref- 
 fion,  fince  thereby  a  faci:  is  fettled,  which  has  been 
 much  controverted  by  fome  foreigners,  who  envied 
 our  learned  countryman,  Dr.  Harvey,  the  honour  of 
 fo  noble  a  difcovery. 
 
 There  is  one  teftimony  more  from  Sir  Thomas 
 Pope  Blount,  relating  to  the  Father's  character  in  ge- 
 neral, and  with  that  we  mall  conclude.  It  is  that  of 
 Johannes  Baptifla  Porta,  a  Neapolitan,  who  flouriflied 
 about  the  end  of  the  16th  century.  He  fays,  lib  7. 
 Magia  naturalis  :  cc  We  knew  Father  Paul  at  Venice* 
 cc  and,  far  from  being  afhamed,  value  ourfelves  for 
 (c  what  we  learned  from  a  man,  than  whom  we 
 "  have  not  yet  feen  one  more  learned  or  acute  ,•  and 
 <c  who  was,  in  fhort,  not  onlyv  the  ornament  and 
 "  glory  of  Venice  or  Italy,  but  of  the  whole  world. 
 
 Many  other  teiiimonies  of  Father  Paul's  great 
 piety,  wifdom,  learning,  and  virtues,  might  be  col- 
 lected, if  it  were  neccflary,  from  the  writings  of 
 King  James,  Bifhop  Cojtn,  Bifliop  Barlow,  Dr.  Cra- 
 hnthoYp,  Ifaac  Cafaubon,  J%f.  Scaliger,  Hugo  Grotim, 
 John  Gerhard  Vuj]wi,  Nich.  Rigaltim,  Edm.  Rtchenm, 
 Dominicus  Baudim,  and  even  Cardinal  Bellarmin  ;  but 
 'tis  hoped  thcfe  already  given  will  be  thought  fiif- 
 ficiei.t. 
 
 Mr, 
 
lxxxviii      The    LIFE. 
 
 Mr-  Brown,  Reftor  of  Sandridge  in  Kent,  who 
 tranilated  Father  Paul's  Letters,  fays,  in  his  Preface, 
 that  King  James  had  a  refpect  for  the  Father,  and 
 would  fain  have  had  him  over  here,  as  he  had  Jfaac 
 Cafaubcn,  and  other  eminent  men.  The  reverend 
 tranflator  promifed  the  world  alfo,  many  years  ago, 
 to  give  a  new  tranfiation  of  the  Father's  life,  and  to 
 compare  it  with  Fulgetnws  manufcript  copy  of  ir, 
 which*Sir  Roger  Twfden,  by  means  of  his  Brother, 
 who  was  very  intimate  with  the  faid  frier,  procured 
 from  Venice.  But  a^s  neither  Mr.  Brozvn,  nor  any 
 body  elfe,  has  yet  printed  any  other  EngUJh  tranfla- 
 tion of  Fulgentio,  befides  that  obfcure  one  we  men- 
 tion'd  in  the  Introduction,  'tis  hoped  that  ours  will 
 meet  with  a  favourable  reception  ;  not  only  for  its 
 own  fake,  but  alfo  for  the  noble  teftimonies  we 
 hare  added  in  favour  of  the  Father's  character, 
 which  will  certainly  be  of  much  more  weight  than 
 the  malicious  and  fcurrilous  afperfions  caft  upon  Fa- 
 ther Paul  by  the  Jefuit  Maimbourg  in  his  Hiftory  of 
 Luther  anifm,  or  by  Cardinal  Pallavicini  in  his  Counter  - 
 hiftory  of  the  Council  of  Trent. 
 
THÈ 
 
 RIGHTS 
 
 O   F 
 
 SOVEREIGNS. 
 
 F  the  many  infirmities  tò  which 
 mankind  is  liable,  there  are  few 
 more  daneerous,  or  more  difficult 
 to  be  cured,  than  the  diftempers 
 of  the  mind.  Phy/ic  abounds  with  fimples 
 and  remedies,  either  for  correcting  a  peccant 
 humor,  or  for  renewing  our  whole  conftitu- 
 tion;  but  the  afflictions  of  the  mind  are  not  fo 
 eafy  to  be  remov'd  ;  nay,  not  at  all,  but  by  the 
 entire  change  of  forrow  into  joy*  External  re- 
 medies fignify  nothing  to  a  troubled  mind,  and 
 nothing  is  capable  to  expel  the  chagrin  which 
 frets  it,  but  the  voluntary  iurrencler  of  the 
 mind  to  comfort  when  'tis  offered.     I  myfelf, 
 
 B  moft 
 
1       The  Rights  of  Sovereigns. 
 
 moft:  illuftrious  Noblemen,  tho'  convinced  of 
 the  indivisibility  of  the  foul,  by  that  unity  of  ac- 
 tions I  have  always  obferved  in  my  own,  which 
 has  hitherto  profeffed  the  moft  conftant  refpe& 
 and  ftritìeft  fubmiflion  to  your  Government, 
 do  neverthelefs  feel  the  effefts  of  that  forrow, 
 which  I  perceive  in  perfons  who  command,  as 
 well  as  thofe  who  obey  ;  for  I  will  be  bold  to 
 fay  it,  I  fee  you  all  in  fonie  fort  of  concern 
 at  the  pretended  Interdict  which  'tis  imagin'd 
 you  are  now  under.  Indeed,  upon  fonie  oc- 
 cafions,  you  affeét  to  feem  wholly  unconcern'd, 
 and  to  carry  it  off  with  an  air  of  courage  ; 
 but  is  not  this  rather  the  language  of  your  lips 
 than  of  your  hearts  ?  Really,  for  my  own 
 part,  when  I  confider  the  great  piety  of  this 
 republic,  I  am  not  furpriz'd  to  fee  the  whole 
 body  alarm'd,  at  the  threats  and  curfings  of 
 thofe  who  pretend  to  be  the  fole  judges,  guar- 
 dians, and  defenders  of  the  faith  of  jefus 
 Chrift)  who  induftrioufly  give  out  that  princes 
 have  nothing  to  do  with  fuch  affairs,  as  at  pre- 
 fent  concern  us,-  and  when  told  that  David 
 was  both  a  King  and  Pfalmift  at  one  time,  think 
 to  ward  off  the  objection,  by  faying,  that  was 
 purely  owing  to  the  divine  grace,  which  made 
 him  a  man  after  God's  own  heart,  and  not  in 
 the  leaft  to  nature. 
 
 Be  this  as  it  will,  I  now  propofe  to  examin 
 the  matter  to  the  bottom,  to  anatomize  it,  to 
 (trip  it  of  its  artful  difguife,  and  expofe  it 
 naked  to  the  whole  world  j  for  as  Seneca  faid 
 
 very 
 
The  Rights  of  Sovereigns.        $ 
 
 Very  juftly,  Take  off  but  the  mask  of  Deaths  and 
 it  lofes  all  its  deformity.  I  therefore  perfwade 
 myfelf,  that  not  only  thofe  who  diicover  fo 
 much  fagacity  and  prudence  at  the  helm  of 
 affairs,  but  even  the  common  people  will 
 throw  off  all  that  filly  fear,  that  panic  fort  of 
 terror,  and  be  convinced,  that  by  depending 
 on  their  own  innocence,  they  will  not  fail 
 both  of  comfort  and  encouragement,  from  the 
 teftimony  of  a  good  confcience. 
 
 I  muft  own,  however,  that  as  much  as  I  de- 
 fire  to  comfort  all  ranks  alike,  yet  I  don't  think 
 it  proper  to  publifli  every  thing  that  I  have  to 
 fay  on  this  head,  becaufe  the  prince  and  the 
 fubjed  cannot  help  thinking  differently  ori 
 affairs  of  this  kind.  God  has  eftablifli'd  fuch 
 a  difference  betwixt  one  foul  and  another,  that 
 tho'  it  be  not  eflential  to  them,  'tis,  neverthe- 
 lefs,  fo  real,  that  it  has  been  often  a  queftion, 
 whether  all  men  are  of  the  fame  fpccies. 
 Knowledge^  like  wine,  exhilarates  great  men^ 
 but  intoxicates  little  ones,  in  proportion  to 
 the  quantity  they  take  of  it.  Nothing  is 
 fweeter  and  more  tempting,  than  to  excel 
 others  in  knowledge,  and  nothing  more  diffi- 
 cult than  to  conceal  or  difguife  fo  noble  a 
 talent.  For  this  reafon  I  could  wifli  that 
 thefe  few  advices  might  be  fet  apart,  as  the 
 prince's  private  treafury,  for  their  lervice  only 
 who  are  at  the  head  of  affairs  ;  your  lordfliips 
 can  make  a  proper  ufe  and  improvement  of 
 them,  in  due  time  ancf  place;  but  the  com- 
 
 B  2  mon 
 
4        The  Rights  of  Sovereigns* 
 
 mon  people,  like  a  man  who  takes  phyfic  in 
 a  fit  of  the  ague,  would  weaken  their  confti- 
 tution  inflead  of  mending  it  :  If  it  be  good 
 for  the  commonalty  to  be  kept  in  ignorance 
 of  fiate  affairs,  'tis  abfolutely  neceffary  they 
 ihould  be  as  ignorant  of  matters  of  faith  ,•  be- 
 caufe hidden  myfteries  are  always  treated 
 with  more  regard  than  things  that  are  fa- 
 miliar. 'Tis  enough  for  the  people  to  be  able 
 to  read  their  deftiny  in  the  countenance  of 
 their  prince  ;  and  as  the  happinefs  of  the  foul 
 confifts  in  the  beatific  vifion,  fo  the  vulgar 
 may  pleafe  themfelves  with  obferving  the  fe- 
 renity  of  their  Governors  countenances,  and 
 note  from  thence  that  the  affairs  of  ftate  go 
 well,  becaufe  tribnlatio  &  anguftia  in  omnem 
 animam  operanti*  malum  ;  i.  e.  tribulation  and 
 anguifli  are  upon  every  foul  that  worketh  evil. 
 A  watch,  the'  it  contains  feveral  wheels,  has 
 its  various  motions  from  but  one  ;  I  fhall 
 therefore  fucceed  in  my  defign,  if  I  reftore 
 the  fovereign  to  himfelf,  becaufe  at  the  fame 
 time  I  fhall  reflore  tranquility  to  my  fellow 
 fubjeóìs,  which  is  the  greateft  fervice  I  can  pof- 
 fibly  do  for  my  country. 
 
 All  chriflians  are  oblig'd  to  obey  the  Pope 
 
 States  are  nothing  elfe  but  a  mixture  of 
 
 a  great  number  of  chriflians There  is  but 
 
 one  weight  in  God's  balance The  Church 
 
 is  only  a  body  composed  of  as  many  members 
 as  there  are  perfons  who  have  receiv'd  baptifm 
 
 A    perfon    excommunicated    is  a  rotten 
 
 member 
 
The  Rights  of  Sovereigns.        5 
 
 member,  feparated  from  the  body  and  unity 
 of  the  Church,  for  fear  it  fliould  corrupt  the 
 other  found  members There  is  no  other  ca- 
 tholic Church  by  which  there  is  an  entrance  to 
 paradife,  but  St.  Peters.  The  excommunica- 
 ted perfon  is  like  ufelefs  lumber  in  a  fhip, 
 which  is  thrown  over-board  left  it  Jhould  fink 
 the  reft  of  the  cargo. 
 
 All  thefe  thoughts  are  like  fo  many  court 
 maxims,  true  in  one  fenfe,  but  fome  are  fo 
 rafti  as  to  borrow  arguments  from  them,  for 
 fcattering  terror  among  the  people  ;  and  from 
 hence  proceeds  that  panic  fright  with  which  fo 
 many  poor  fouls  are  terrify 'd.  We  will  now 
 oppofe  them  with  certain  propofitions,  which, 
 when  fet  in  their  natural  light,  and  difengaged 
 from  all  artful  turns,  may  give  great  hints  to 
 thofe  who  would  weigh  this  matter  as  it  ought. 
 Therefore  let  us  examin, 
 
 i.  Whether  the  Pope  and  the  Church  have 
 a  power  to  excommunicate  ? 
 
 2.  What  perfons  are  fubjed  to  excommuni- 
 cation, and  for  what  caufes  fliould  recourfe  be 
 had  to  it  ? 
 
 3.  Whether  an  appeal  may  be  lodg'd  againft 
 excommunication  ? 
 
 4.  Whether  the  Council  or  the  Pope  is  fu- 
 perior  ? 
 
 5.  Whether  a  lawful  prince  may  be  depri- 
 ved of  his  dominions  by  virtue  of  excommu- 
 nication ? 
 
 B  3  tf.  Whether 
 
6       The  Rights  of  Sovereigns. 
 
 6.  Whether  a  perfori  who  difturbs  what  is 
 caird  ecclefiaftical  liberty  juftly  incurs  excom- 
 munication ? 
 
 7.  What  that  liberty  is,  and  whether  'tis 
 confined  to  the  Church.,  or  extended  to  all  her 
 people  ? 
 
 8.  Whether  the  pofTeifion  of  temporalities, 
 which  belong  to  the  Church,  is  of  divine 
 right  ? 
 
 9.  Whether  a  free  republic  can  be  deprived 
 pf  its  dominions  by  virtue  of  excommunica- 
 tion ? 
 
 10.  Whether  a  fecular  prince  has  a  lawful 
 light  to  appropriate  the  tenths  of  the  clergy, 
 and  an  independent  authority  to  ordain  what 
 is  ufeful  to  the  fiate,  with  refpetì:  to  ecclefiaf- 
 tical  perfons  and  eftates  ? 
 
 11.  Whether  a  fecular  prince  has,  of  him- 
 felf,  a  right  to  judge  ecclefiaftical  criminals  ? 
 
 12.  Whether  the  Pope  is  infallible? 
 
 We  will  be  fo  complaifant  to  our  adversa- 
 ries, as  to  allow  them  all  we  can  in  the  exa- 
 mination of  fo  many  nice  points,  and  we  will 
 grant  them  even  more  than  they  defire,  pro- 
 tefting  that  we  only  take  up  the  pen  for  the 
 fake  of  truth,  and  that  we  have  no  other 
 view  than  to  'give  peace  to  confeiences,  and 
 even  to  theirs,  who  have  fo  much  at  heart  the 
 ■in  te  reft  of  the  court  of  Ro?ney  if  it  be  poflible 
 :uth  to  acquiefce  with  equity.     I  fhall  not 
 
 here 
 
The  Rights  of  Sovereigns.       7 
 
 here  ufe  any  of  thofe  arguments  which  favour 
 of  the  monk,  but  expreis  myfelf  in  as  general 
 and  familiar  terms  as  poffible,  knowing  that 
 the  monfter  ignorance  is  often  conceal'd  in  the 
 labyrinth  of  hard  words  ;  fo  that  like  a  pi- 
 lot who  is  tofs'd  about  by  contrary  winds  in 
 the  ocean,  without  any  other  guide  than  the 
 compafs,  whofe  needle  always  points  to  the 
 north,  I  (hall  render  to  every  one  his  due, 
 and  fliall  only  aim  to  bring  back  mens  fouls  to 
 the  harbor  of  peace,  which  they  have  loft  ; 
 and  if  after  all  this,  they  exclaim  againft  me  as 
 wicked,  becaufe  I  tell  the  truth,  I  fliall  fay  of 
 my  adverfaries,  inr  my  own  defence,  what  is 
 faid  of  fome  phyficians,  that,  for  their  own 
 intereft,  they  would  have  people  rather  fick 
 than  well. 
 
 CHAP.     I. 
 
 Whether  the  Pope  and  the  Church  have 
 a  power  to  excommunicate  ? 
 
 WE  treat  of  this  queftion,  not  becaufe 
 we  doubt  of  it,  but  for  the  fake  of 
 order  and  diftinóìion.  Being  under  the  power 
 of  the  gofpel,  we  think  it  our  duty  to  obey 
 thofe  who  are  jealous  of  the  privilege  that  has 
 given  them  of  commanding  others  :  guodcun- 
 que  ligaveris  fuper  terrain^  ent  ligatum  (j  in  calls , 
 U  e.  "  Whatfoever  ye  fliall  bind  on  earth,  {hall 
 £  be  bound  alfo  in  heaven."    [Tis  true,  that 
 
 B  4  fome 
 
8        The  Rights  of  Sovereigns. 
 
 fome  pretend  this  pafftge  ought  not  to  be  iffi- 
 derftood  of  excommunication,  which,  fay  they, 
 is  not  a  bond,  but  the  cutting  off  a  member  ; 
 yet  the  beft  catholic  authors  have  generally 
 explain'd  that  text  in  favour  of  excommunica- 
 tion ;  and  this  was  alfo  the  opinion  of  the 
 ancient  Church,  in  thofe  times  when  fuch  as 
 were  "promoted  to  ecclefiaftical  dignities  had 
 no  patrimony  but  the  glory  of  God,  and  very 
 often  the  torments  of  martyrdom.  In  this 
 fenfe  too  we  heartily  fubfcri.be  it.  So  that 
 here  is  the  legal  authority  of  excommunica- 
 tion recognized,  in  the  firft  place,  in  the  Pope, 
 and  in  all  who  fliall  be  inverted  with  the  pon- 
 tifical  dignity,  according  to  that  maxim,  Quod 
 Petro  dicitur,  omnibus  dicitur,  i.  e.  What  is 
 faid  to  Peter,  is  faid  to  all.  They  derive  this 
 power  from  the  gofpel  itfelf  ;  and  the  other 
 eccleiiaftic  judges,  who  are  not  Popes,  derive 
 it,  as  fome  fay,  from  them,  by  a  fort  of  dele- 
 gation. But  I  fliall  not  enter  into  an  enquiry, 
 whether  the  faid  authority  is  communicable, 
 according  to  the  good  pleafure  of  men. 
 
 Let  us  now  examin  what  excommunica- 
 tion is. 
 
 It  muft  be  own'd,  in  the  firft  place,  that  ex- 
 communication is  not  fin,  but  the  punifhment 
 of  fin  ;  confequently,  excommunication  takes 
 place  only  when  there  is  fin,  and  fuch  fm 
 moreover,  as  is  committed  after  excommuni- 
 cation threatned.  It  may,  perhaps,  be  in- 
 terred from  hence,  that  the  enormity  of  fin 
 
 muft 
 
The  Rights  of  Sovereigns.        9 
 
 mu'ft  therefore  be  the  caufeof  that  threatning; 
 but  this  is  fo  far  from  being  true,  that  'tis  uni- 
 verfally  allowed,  that  there  is  an  infinite  num- 
 ber of  very  enormous  fins,  which  are  not  fub- 
 jeft  to  excommunication.  And  from  hence  it 
 may  be  concluded,  that  excommunication  de- 
 pends on  the  pleafure  of  the  ecclefiaftic  judge, 
 who  fulminates  it  when  and  how  he  pleafes. 
 
 Excommunication  is  an  ecclefiaftical  punifli- 
 ment,  by  which  the  prelate  feparates  a  perfori 
 from  the  body  of  the  Church,  by  depriving 
 him  of  all  the  fpiritual  benefits,  which  the  faid 
 Church  difpenfes  to  believers;  and  this  he 
 does,  left  that  rotten  corrupt  member  fliould 
 infeft  the  found  members  of  the  myftical 
 body.  The  benefits  which  the  Church  dif- 
 penfes to  believers  are  innumerable  ;  for  not 
 to  mention  the  infinite  merits  of  J  ejus  Chrift, 
 of  the  holy  virgin  and  the  faints,  which  cannot 
 be  deny'd,  all  the  good  works  of  furviving 
 believers  become  the  common  flock  of  all  the 
 faithful,  as  brethren  regenerated  by  baptifm  : 
 Thus  the  riches  of  the  greateft  faints  go  to- 
 wards the  relief  of  the  vileft  finners,  Particeps 
 ego  fum  omnium  timentium  te  cj  cuftodientium 
 mandata  tua,  i.  e.  I  am  a  partaker  with  all  that 
 fear  thee  and  keep  thy  commandments.  In 
 like  manner  excommunication  is  an  aft  dero- 
 gatory from  the  contraft  made  by  a  chriftian  at 
 baptifm3  as  to  his  part  and  portion  of  fo  many 
 fpiritual  benefits  ;  and  'tis  the  fame  with  a  per- 
 fori excommunicated.,  as  it  is  with  a  fon  difin- 
 
 Jierited 
 
IO     The  Rights  of  Sovereigns. 
 
 berited  for  having  offended  his  father,  and 
 who,  on  that  account,  is,  in  fome  fort,  cut 
 off  from  the  number  of  his  brethren. 
 
 Befides,  there  are  two  forts  of  excommuni- 
 cation, the  major  and  the  minor.  The  major 
 excommunication  is  that  which  is  fulminated 
 immediately  againft  the  criminal.  The  minor 
 excornmunication,  that  under  which  a  perfon 
 falls,  for  affociating  or  converfing  with  a  per- 
 fon already  excommunicated.  Cuftom  has 
 eftabliflied  the  terms  major  and  minor  ;  tho'  I 
 think  the  meaning  of  them  might  be  better  ex- 
 prefled  by  the  words  principal  and  accejfary. 
 In  fhort,  if  we  confider  the  fatal  confequences 
 of  both  the  major  and  minor^  one  can  difcern 
 no  difference  betwixt  them,  fince  thofe  who 
 are  puniflied  with  either  the  one  or  the  other, 
 are  alike  deprived  of  the  fpiritual  benefits  of 
 the  Church,  and  cut  off  from  her  body,  with 
 this  diftin&ion  only,  that  whoever  fuffers  the 
 major  excommunication,  not  only  feels  the 
 pain  of  it  in  his  own  perfon,  but  wherever  he 
 is  known,  his  very  prefènce  is  enough  to  hin- 
 der the  functions  of  other  believers  ;  infomuch 
 that  if  a  perfon  excommunicated  enter  pub- 
 licly into  a  Church,  the  divine  offices  muft 
 be  ftopt  arid  deferred,  which  is  really  more 
 than  what  is  done  at  the  approach  of  one 
 poflefTed  with  a  devil.  There  is,  moreover, 
 this  difference,  <viz.  that  the  former  cannot  be 
 abfolved ,  if  he  does  not  firft  of  all  purge 
 away  his  contumacy,  an  obligation  which  the 
 
 latter 
 
The  Rights  of  Sovereigns.      1 1 
 
 latter  is  not  ty'd  up  to,  becaufe  he  is  not  a  cri- 
 minal. In  like  manner  the  punifhment  of  ex- 
 communication is  fuch,  as  renders  the  perfon 
 unworthy  to  partake  of  the  facraments  ;  info- 
 much,  that  tho'  he  fhould  be  confefTed  and  ab- 
 solved by  the  prieft  from  his  fins,  the  abfolu- 
 tion  would  fignify  nothing,  till  he  be  alfo  ab- 
 solved from  the  excommunication.  Well 
 may  it  therefore  be  faid,  that  the  Church,  by 
 fulminating  excommunication,  ufes  fuch  feve- 
 rity,  that  fhe  feems  to  have  forgot  that  chrif- 
 tian  companion  which  fhe  commonly  fhews 
 at  other  times.  Indeed,  the  Church  prays  for 
 all  finners,  even  for  thofe  that  are  out  of  her 
 pale,  as  well  Jews  as  Pagans,  but  never 
 makes  mention  of  excommunicated  perfons  in 
 her  prayers,  as  if  fhe  had  quite  fuppreflèd  all 
 defires  of  their  falvation,  while  they  live  under 
 excommunication  ;  and  tho'  fhe  prays  for  here- 
 tics and  fchifmatics,  who  have  incurred  excom- 
 munication, ihe  does  not  pray  for  them  as  ex- 
 communicated perfons.  Having  firft  eftablifh- 
 ed  the  authority  of  excommunication ,  I 
 thought  fit  to  note  all  the  preceding  diftinc- 
 tions,  in  order  to  fhew  its  real  importance, 
 which  will  lead  us,  in  the  next  place,  to  find 
 out  who  are  the  perfons  on  whom  it  may  be 
 infliékd,  and  for  what  reafons. 
 
 CHAP. 
 
^ 
 
 1 I     The  Rights  of  Sovereigns. 
 
 CHAP.     IL 
 
 What  perfons  are  liable  to  excommuni- 
 cation, anà  zvhat  are  the  canjesfor 
 which  recourse  Jhould  be  had  to  it. 
 
 WHAT  we  have  already  mention'd, 
 may  fuffice  to  fhew  the  nature  and 
 quality  of  excommunication,  which  is  fo  Te- 
 vere, that  if  baptifm  did  not  imprint  an  inde- 
 lible character  in  the  foul,  it  were  able  to  turn 
 a  chriflian  into  a  very  infidel  ;  for  this  punifli- 
 ihent  is  fo  rigid,  that  there  is  no  body  of  com- 
 mon fenfe,  tho'  perfe&ly  ignorant  of  the  de- 
 cisions of  theology  and  of  canon  law,  but 
 would  infer  from  it,  that  the  crime,  againft 
 which  recourfe  is  had  to  fo  terrible  a  fentence, 
 muft  of  neceflity  be  enormous,  defperate,  and 
 even  remedilefs.  We  fee  that  diièafes  of  the 
 body  are  treated  quite  otherwife,  for  if  any 
 member  of  it  happen  to  be  gangreen'd,  or  ulce- 
 rated, firft  'tis  drefTed,  the  putrifying  humours 
 of  it  are  expelled,  then  corrofives  are  applied  y 
 and  if  thefe  don't  dp,  recourfe  is  even  had  to 
 cauftics  ;  but  at  laft,  when  'tis  come  to  an  ex- 
 tremity, and  a  cure  is  defpair'd  of,  then,  and 
 not  till  then,  the  inftrument  is  brought  to  cut 
 it  off,  left  the  infedion  fhould  reach  fome 
 other  part  of  the  body.  The  member,  in- 
 deed, thus  cut  off,  is  no  more  to  be  drefs'da 
 £>ecaufe  then  it  can  never  be  cur'd  ;   but  by 
 
 this 
 
The  Rights  of  Sovereigns.     1 5 
 
 this  means,  the  other  members,  which  might 
 have  partaken  of  the  infetftion,  are  happily 
 preferved.  From  hence  we  conclude,  that 
 the  effed  of  excommunication,  is  not  only  the 
 fpiritual  damnation  of  the  perfon  excommuni- 
 cated, but  the  evident  danger  of  expofing 
 others  to  the  fame  punifliment,  and  rendring 
 them  unfortunate  companions  in  the  fame 
 damnation. 
 
 It  muft  be  confefled,  that  were  we,  with  a 
 truly  chriftian  chanty,  to  feek  for  a  fin  fo 
 enormous,  as  to  deferve  fuch  a  punifliment, 
 one  fliould  hardly  find  it,  in  the  confcience 
 even  of  Judas,  confiderei  not  only  as  havffig 
 betray'd  his  mafter,  but  alfo  as  entertaining 
 the  heretical  opinion  that  his  wickednefs  was 
 greater  than  the  power  of  Chrift.  As  to  Peters 
 denying  his  lord,  Thomas's  incredulity,  and 
 the  flight  of  the  other  apoftles,  they  not  only 
 repented,  but  found  favour  with  Jefus.  If 
 we  defcend  to  particulars,  this  heinous  crime 
 cannot  be  adultery,  nor  fornication,  nor  mur- 
 der, nor  theft,  for  all  thefe  fins,  how  great  fo- 
 ever,  find  both  pardon  and  abfolntion.  I  will 
 go  yet  farther,  and  fuppofe  a  man,  who  enter- 
 tains erroneous  opinions  about  the  myfteries 
 of  religion,  and  believes  what  he  lifts,  with- 
 out obedience  either  to  the  Gofpel,  or  the 
 Church,  or  to  the  common  precepts  ;  fuch  a 
 man,  were  he  even  one  of  the  moft  obftinate 
 heretics  that  ever  liv'd,  may  not,  for  all  this, 
 
 |  be 
 
i  4     tffoe  Rights  of  Sovereigns. 
 
 be  excommunicated,  unlefs  he  difcover  his 
 fentiments  by  fome  external  figns  ,•  for  if  the 
 ulcers  of  his  foul  do  not  break  outwardly,  he 
 is  not  fubjed  to  excommunication.  Thefe  are 
 alfo  the  fentiments  of  the  court  of  Rome. 
 
 Neverthelefs,  we  hear  every  day,  that  one 
 prelate  has  excommunicated  a  perfon  who 
 found  Tomething  that  was  loft,  becaufe  he  did 
 not  carry  it  back  to  the  lofer  ->  that  another 
 has  excommunicated  a  perfon,  who,  when 
 fummoned  before  the  fpiritual-court  to  pay 
 fome  rent,  did  not  difcharge  it,  tho'  perhaps 
 he  was  infolvent. 
 
 Let  us  now  hear  the  opinion  of  the  famous 
 Council  of  Trent^  which  appeared  for  the  papal 
 authority,  like  the  Ignis  fatuus>  in  the  midft  of 
 a  violent  tempeft,  and  which  eftabliflied  fe- 
 veral  prerogatives  by  law,  that  were  only  de- 
 rived from  cuftom.  This  Council,  in  one  of 
 its  canons,  recommends  the  great  circumfpec- 
 tion  that  ought  to  be  obferv'd  in  the  ufe  of 
 excommunication,  condemning  thofe  who  re- 
 cur to  it  immediately,  for  fuch  trifles  as 
 above;  tho',  upon  the  whole,  it  does  not  ab- 
 folutely  forbid  fuch  condutì,  but  only  confines 
 it  to  the  authority  of  the  bifhops,  whereas  it 
 extended  before  to  all  the  inferior  prelates. 
 This  canon  has  one  thing  in  it  very  remarkable  * 
 every  magistrate,  it  fays,  fhall  be  held  guilty, 
 if  he  offer  to  moleft  the  biihop  in  publifliing 
 excommunication,  or  commands  him  to  re- 
 voke 
 
The  Rights  of  Sovereigns.      1 5 
 
 voke  it,  tho'  it  fliould  be  evident  that  the 
 fame  is  unjuft,  both  in  its  caufe  and  confe- 
 quence,  for  want  even  of  obferving  the  con- 
 ditions prefcribed  by  the  canon.  From  hence 
 it  follows,  that  rather  than  the  ecclefiaftic  ju- 
 rifdtàion  Ihould  be  molefted,  things  muft  be 
 left  in  confufion  ;  and  that  there  is  lefs  harm  in 
 punifhing  an  innocent  perfon,  contrary  to  all 
 right  and  reafon,  and  depriving  him  of  the  fa- 
 craments,  than  in  difturbing  the  peace  of  the 
 prelate.  I  leave  it  to  perfons  of  good  fenfe, 
 to  make  their  own  judgment  of  fuch  a  deci- 
 fion.  But  this  is  not  all  yet,  which  that  canon 
 fays  -,  it  adds,  that  if  an  excommunicated  per- 
 fon  live  a  year  under  excommunication,  he 
 filali  be  deem'd  as  a  heretic  ;  and,  by  confe- 
 quence,  be  obnoxious  to  the  inquifition.  It 
 follows  therefore,  that  if  a  perfon  under  ex- 
 communication for  not  paying  a  debt,  be  not 
 in  a  condition  to  pay  it  within  a  year,  he  de- 
 ferves  as  much  to  be  burnt,  as  the  moft  obfti- 
 nate  heretic.  When  our  lord  Jefus  Chrijl 
 warned  St.  Peter  of  the  ftrong  temptation 
 which  the  devil  was  preparing  for  him,  1  don't 
 find  that  he  talk'd  of  excommunication.  Satan 
 hath  de  fir  ed  you  to  winnow  you  as  wheat,  but  I 
 have  prayed  for  thee  that  thy  faith  fail  not;  there- 
 fore when  thou  art  converted,  flrengthen  thy 
 brethren.  So  that  if  the  apoftles,  and  after 
 them  the  believers,  had  denied  the  faith  of 
 Chrift,  it  was  Peter's  duty  not  to  excommuni- 
 
 |  cate 
 
1 6     The  Rights  of  Sovereigns. 
 
 cate  them  ;  but,  when  converted,  to  flrengthen 
 his  brethren. 
 
 When  Simon  the  magician  tryed,  in  St.  Vetera 
 prefence,  to  feduce  the  primitive  chriftians,  by 
 his  diabolical  miracles,  Peter  deferred  punifli- 
 ing  him  for  whole  years;  but  when  he  fet  up 
 for  a  god,  by  lifting  himfelf  up  into  the  air, 
 and  h3d  by  time  acquired  great  credit  among 
 the  people,  Paul  folicited  Peter,  more  than 
 once,  to  temporize  with  him  no  longer,  be- 
 caufe  the  fcandal  too  vifibly  increafed  ;  and  at 
 length  Peter  refolved  to  curfe  him,  and  com- 
 pelled the  devil  to  cafl  him  down  headlong. 
 
 If  in  after  times  the  ecclefiaftical  difcipline 
 introduced  the  ufe  of  excommunication  in 
 cafes  of  the  laft  importance  (for  I  am  not  wil- 
 ling to  rejed  the  Church's  authority  in  this  mat- 
 ter, becaufe  I  have  already  owned  it)  certain- 
 ly the  enormity  of  the  crime  muft  have  been 
 proportioned  to  the  rigour  of  the  punifliment 
 'Tis  enough  for  me  to  demonftrate  that  this 
 fentence  may  be  fometimes  unjufr,  and  that, 
 by  confequence,  'tis  no  article  of  faith,  to  hold 
 that  every  excommunicated  perfon  is  deprived 
 of  the  grace  of  God  ,-  juftice  is  abfolutely  ne- 
 ceflary  in  excommunication,  becaufe  Chrift 
 cannot  favour  injuftice  :  Now,  befides  other 
 faults  in  the  excommunication,  'tis  fufficient  to 
 make  it  unjufr,  if  it  exceeds  the  enormity  of 
 the  crime  ;  becaufe,  while  it  only  depends  on 
 the  opinion  of  men,  'tis  fubjetì:  to  the  errors  of 
 their  underftandings;  and  the  cafe  is  the  fame, 
 
 at 
 
The  Rights  of  Sovereigns.      1 7 
 
 at  leaft,  with  excommunication,  as  it  is  with 
 all  the  other  fentences  of  judges,  which,  if 
 they  exceed  the  defert  of  the  criminal,  ought 
 to  be  amended,  if  not  annulled. 
 
 They  make  a  diftinótion  at  the  court  of 
 Ro?nc  betwixt  one  excommunication  and  an- 
 other. They  call  the  one  excommunication 
 a  jure,  and  the  other  excommunication  ab  ho- 
 mine.  The  former  is  univerfally  decreed  by  a 
 canon  of  the  Church  againft  all  who  commit 
 a  certain  crime  >•  the  latter  is  only  decreed  by 
 a  fpecial  judge  againft  a  crime  already  com- 
 mitted or  intended.  Of  thefe  two,  that 
 called  excommunication  a  jure  feems  the  moft 
 grave  and  important,  becaufe  it  muft  be  fup- 
 pofed,  that  there  has  been  more  care  and  ex- 
 atìnels  obferved  in  the  eftablifliment  of  a  law, 
 which  is  to  ferve  as  a  rule  in  the  government 
 of  a  people,  and,  perhaps,  of  the  whole 
 world,  than  a  fentence  palled  by  a  fingle  judge 
 of  one  jurifdidion  only,  and  in  a  cafe  fome- 
 times  unknown  to  him  ,♦  neverthelefs,  the  very 
 fame  canon  of  the  Church  declares,  that  ex- 
 communication a  jure  may  be  abiolved  by 
 every  ordinary  confeffor  j  but  that  excommu- 
 nication ab  homine  can  only  be  abfoived  by 
 him  who  pronounced  the  excommunicatory 
 fentence,  or  by  a  fuperior  judge  :  Therefore  ic 
 would  not,  perhaps,  be  uncharitable,  to  ad- 
 vance that  excommunications  of  this  fort  were 
 introduced,  rather  to  aggrandize  the  prelate, 
 thanto  reform  the  finner,  and  contribute  to  his 
 C  falvation. 
 
1 8     The  Rights  of  Sovereigns. 
 
 falvation.  It  has  been  already  afferted,  that 
 excommunication  ought  to  have  fome  deadly 
 fin  for  its  objetì  ,•  yet  if  any  one  is  unable  to 
 pay  a  debt,  he  is  excommunicated,  tho'  he 
 has  not  abfolutely  finked.  This  excommuni- 
 cation therefore  is  not  valid  ;  Ttis  poffible  for 
 him  who  pronounces  it  to  be  miftaken  ;  if  the 
 firfl:  may  be  deceived,  fo  may  the  fecond  and 
 third  in  like  manner,  according  to  St.  Vani) 
 who  fays  that  every  prieft  is  encompaffed 
 about  with  frailties. 
 
 In  the  catalogue  of  excommunications^ 
 drawn  up  by  the  court  oiHome^  there  is,  one 
 againft  him  who  difcovers,  either  by  conver- 
 fation,  or  by  other  evident  proof,  that  any 
 one  holds  an  heretical  opinion,  and  does  not 
 inform  againft  him  to  the  inquifitiQji.  This 
 is  the  fame  thing  for  example,  as  if  any  com- 
 mon perfon  in  *  this  city  (which  is  impoffible) 
 fliould  hear  a  fenator  talk  heretically  $  or  if  in 
 any  other  country,  a  courtier  ihould  make 
 the  fame  obfervation,  either  in  the  king's 
 brother,  or  in  any  of  the  princes  of  the  blood, 
 tho'  neither  the  burgher  nor  the  courtier  would 
 be  willing  to  accufe  perfons  of  fuch  diftinc- 
 tion,  either  for  fear  or  refpeófc  fake  j  yet  their 
 filence  fhall  be  a  crime  bad  enough  to  fubje£fc 
 them  to  feparation  from  the  reft  of  the  faithful, 
 and  to  deprivation  from  the  facraments.  I  leave 
 the  public  to  judge  whether  fuch  an  opinion 
 
 is 
 
 *  Venice, 
 
The  Rights  of  Sovereigns.      1 9 
 
 is  allowable.  The  confequences  of  this  canoa 
 extend  yet  farther;  for  it  being  abfolute  ;,nd 
 without  exception,  in  impofing  ttit-  obug at  ion 
 on  perfons  to  be  informers,  if,  in  obedience  to 
 the  canon,  the  criminal  is  accufed  without 
 proofs,  either  becaufe  there  are  no  witnefle^ 
 when  the  herefy  of  the  perfon  accufed  is  dif- 
 covered,  or  becaufe;  if  there  be  any,  they 
 are  loth  to  fwear  it  ;  it  follows,  that  the  ac- 
 cufer  fhall  be  puniflied  by  the  court  as  a 
 flanderer  ;  and  if  they  have  a  mind  to  make 
 ufe  of  Lex  Talloni*  upon  his  account,  he  fhall 
 be  expofed  to  the  lame  punifliment  as  the 
 heretic  would  have  incurred,  befides  what  he 
 has  to  fear  from  the  hatred  and  revenge  of  the 
 perfon  accufed. 
 
 If  there  are  fo  many  things  to  be  done  for 
 avoiding  excommunication,  and  if  confciences 
 «re  to  be  reduced  to  fudi  a  rigorous  conflraint, 
 what  becomes  of  thofe  words  of  Jefus  Chrift, 
 my  yoke  is  eafy,  and  my  burden  is  light?  When 
 this  divine  faviour  recommends  brotherly  cor- 
 rection, he  prefcribes  the  manner  of  it,  inter 
 te  &  ipfumfolum  ;  between  thee  and  him  alone  ; 
 and  that  it  be  done  with  love  ;  and  it  were 
 even  neceffary  for  fuch  a  one  to  ayk  pardon  of 
 him  whom  he  has  corre&ed,  or  is  goin^  co 
 correfì,  that  he  may  not  incur  the  blame  of  a. 
 peevifh  hypocrite* 
 
 The  court  of  Rome  diftinguifhef  alfo  be- 
 tween excommunication  lata  fententi<e%  and 
 the  excommunication  which  attendh  declara- 
 C  \  fionem. 
 
20      The  Eights  of  Sovereigns. 
 
 licnem^  which  laft  is  ufed  in  cafes  of  greater 
 importance  than  the  former,  and  is  paflèd  im- 
 mediately after  the  commiflion  of  the  crime. 
 Upon  this  we  fhall  confider,  firft,  how  many 
 exceptions  the  fuppofed  criminal  might  urge, 
 in  refpetì:  either  of  the  crime  committed,  or 
 the  contumacy  incurred  ;  they  are  thefe,  ig- 
 norance, violence,  refped:,  inability,  the  fear 
 to  which  a  fickle  mind  is  fubjcft,  and  many 
 others  of  this  nature  ;  neverthelefs,  without 
 any  comfort,  he  is  already  excommunicated  ; 
 and,  by. this  means,  deprived  of  the  liberty  of 
 felf-defence,  tho'  it  be  of  divine  right.  Was 
 God  under  a  neceffity  to  call  either  Adam,  or 
 Gain,  in  order  to  be  informed  by  themfelves 
 o£  the  crime  they  had  committed  ?  Neverthe- 
 lefs, before  he  cdhdemned  them,  he  brought 
 them  into  his  prefence. 
 
 There  is  a  particular  cafe  of  confcience  de- 
 cided by  the  aforefaid  council,  which  imports, 
 that  if  a  penitent  defiring  confeffion  for  a  fin  of 
 fenfuality,  or  any  other  whatfoever,  fufpetìs 
 that  the  father  confeffor  will  be  able  to  dif- 
 cover  the  female  with  whom  he  committed 
 that  fin,  he  ought  to  omit  fome  circumftances, 
 in  order  to  puzzle  his  confeffor,  and  prevent 
 him  from  gueffing  at  the  accomplice  of  his  fin. 
 This  is  a  charitable  precaution,  the  end  of 
 which  is  to  hinder  fcandal;  but  how  may  fuch 
 wife  condutì:  be  reconciled  with  obedience  to 
 the  abovemention'd  canon,  which  threatens  a 
 per  fon  with  excommunication,  that  does  not 
 
 inform 
 
The  Rights  of  Sovereigns.     21 
 
 inform  againft  a  heretic,  who  undoubtedly  is 
 the  caufe  of  much  greater  fcandal  than  a  fin 
 committed  thro'  frailty  ? 
 
 1  infer  therefore,  from  the  premifes,  that 
 'tis  certain  there  isanexcommunicatory  power 
 in  the  Church  ;  and  that  excommunication 
 does  of  itfelf  deprive  the  excommunicated 
 perfon  from  the  benefit  of  the  facraments  -y  but 
 that  it  cannot  have  its  effeét  without  being 
 juftj  that  to  be  fo,  the  punifliment  which  it 
 infli&s  muft  not  be  greater  than  the  crime; 
 and  finally,  that  the  criminal  be  left  without 
 excufe.  Befides,  the  judge  who  fulminates  it 
 being  liable  to  be  miftaken,  'tis  impoffible  for 
 excommunication  abfolutely  to  deprive  a  foul 
 of  the  grace  of  Jefus  Chnft^  who  is  truth 
 itfelf,  and  cannot  err.  What  is  here  faid  re- 
 lates only  to  a  private  perfon,  who  lias  incurred 
 excommunication.  Now  if  all  thefe  reafons 
 plainly  fliew  the  necefTity  of  obierving  the 
 conditions  abovemention'd,  for  excommuni- 
 cating a  private  perfon,  and  for  rendring  the 
 excommunication  fulminated  againft  him  valid, 
 how  much  rather  ought  thole  very  conditions, 
 if  not  many  others,  to  be  obferved  in  the  ex- 
 communication of  a  fovereign,  confidering  that 
 princes  have  infinite  allowances  made  them, 
 which  private  perfons  cannot  poffibly  have  ?  in- 
 afmuch  as  the  crimes  of  the  former  are  more 
 reftrained,  and,  by  conièquence,  lefs  expofed 
 to  that  fhock,  befides  the  regard  that  ought 
 tq  be  had  to  the  fcandal,  which  is  much 
 C  3  greater 
 
11     *The  Rights  of  Sovereigns. 
 
 greater  in  the  excommunication  of  a  fovereign 
 than  in  that  of  a  private  per  fon. 
 
 Let  us  really  confider  a  little,  how  great 
 inconveniencies  would  arife  from  thence  to  fo- 
 Ciety.  When  the  people  find  their  prince,  as  it 
 were,  feparated  from  the  myftical  body  of 
 Q?r//?vand  hated  by  the  Church  as  much  as  the 
 plague  $  would  they  continue  in  fubjeftion  to 
 his  laws,  whom  they  look  upon  as  a  rebel 
 againft  the  precepts  of  the  vicar  of  Jefits 
 Cirift  ?  The  obligation  of  obedience  to  a 
 prince,  is  not  a  law  of  civil  fociety,  but  found- 
 ed upon  religion,  and  the  exprefs  command 
 of  God  himfelf.  And,  indeed,  the  founders 
 of  any  religion,  be  it  ever  fo  filly  and  extra- 
 vagant, always  made  it  their  bufinefs  to  con- 
 vince the  people,  that  the  laws  they  gave  them, 
 derived  their  origin  from  a  principle  above 
 humane  nature,  being  perfwaded  in  their  own 
 breads,  that  the  conient  of  the  people  alone  was 
 not  fufficienj  for  the  fetting  up  a  prince  over 
 *hem;  becaufethat  after  they  had  given  fuch 
 their  confent,  nothing  could  hinder  them  from 
 revoking  it,  whenever  theyvfound  it  their  in- 
 tereft  to  do  it.  They  alfo  thought  arms  and 
 guards  too  weak  to  oblige  them  not  to  with- 
 draw fuch  their  confent;  becaufe  that  which 
 contains,  is  always  fuppofed  ftronger  than  that 
 which  is  contained  -3  as  a  town  is  ftronger  than 
 the  garrifon  within  it  ;  therefore,  in  order  to 
 render  fovereign  majefty  more  refpe&ed,  they 
 thought  it  neceffary  to  make  it  dependent  on 
 
 the 
 
The  Rights  of  Sovereigns.     1$ 
 
 the  divine  will;  fo  that  he  who  difobeys  his 
 
 prince  becomes  a  rebel  againft  God  himfelf, 
 
 and  his  very  confidence  tells  him  he  is  criminal, 
 
 and  deferves  eternal  punifhment.     It  appears 
 
 that  the  ancients,  who  were  ftupid  enough  to 
 
 be  led  away  by  mere  delations,  received  this 
 
 notion  from  their  legislators,  who  had  fome 
 
 faint  glimmerings  of  religion.  *Ccfwgas  being 
 
 Jefirous  to  found  that  fovereigfcty,  to  which 
 
 he  afpired  inThracej  upon  the  laws,  raifed  very 
 
 high  ladders  towards  heaven,  and  mounting 
 
 them,  feigned  that  he  went  thither  to  receive 
 
 the  orders  of  the  deity,  for  making  laws  and 
 
 eftablilhing  his  authority.     Numa  made  the 
 
 Romans  believe  that  he  converfed  familiarly 
 
 with  the  gdtfdefs  Egeria.    The  importer  Mrt- 
 
 homet  boafied  that  Gabriel  the  archangel  was 
 
 at  his  elbow  when  he  compofed  his  Alchoran  ; 
 
 and  in  the  true  law,  we  find  that  Mofes  kept 
 
 the  tables  of  the  law,  written  with  God's 
 
 own  finger,  forty  days  upon  the  mountain. 
 
 From  hence  it  comes  to  pafs,  that  when  a 
 
 people  are  fuffered  to  part  with  the  refpeft 
 
 .  G  4  which 
 
 *  PoIyemtSy  from  whom  fither  Paul  took  this  ftory,  relates 
 it  quite  otherwife,  Chap.  zi.  Book  7.  of  his  Stratagems.  He 
 fays,  that  this  Cpjingast  Prince  of  the  Cerrheniatis,  and  a  prieft 
 of  Jiìvo^  obferving  that  his  fubjects  were  rebellious,  in  order 
 to  bring  them  to  a  fenfe  of  their  duty,  caufed  a  great  number 
 of  ladders  to  be  ty'd  one  to  the  other,  giving  our  that  he  in- 
 tended to  go  up  to  heaven,  to  complain  to  Juno  of  their  dis- 
 obedience, and  beg  her  to  punifh  them  :  Upon  which  the 
 ftupid  Thraciansy  fearing  he  would  make  his  words  good,  re- 
 turned to  their  duty. 
 
24     The  Rights  of  Sovereigns. 
 
 which  religion  infpires,  they  immediately  be- 
 come a  gang  of  affafllns.  It  was  to  re'nder  the 
 prince  more  refpe&ed,  that  God  commanded 
 Samuel^  when  the  Jews  requir'd  a  king,  to 
 anoint  one  of  the  fons  pf  Kijh  the  Benjamite  (a 
 cuftom  ftiil  ufed  in  France  at  coronations.) 
 Thus  kings  derive  the  refped  they  challenge, 
 even  from  that  which  is  paid  to  the  divinity. 
 If  therefore  excommunication  declares  them 
 deprived  of  that  divine  protection,  what  mur- 
 murs, what  diforders,  may  we  not  expert 
 among  the  people,  who  will  be  apt  to  think, 
 that  by  difobeying  the  prince,  they  do  notaófc 
 againfl  the  mind  and^  will  of  God,  and  that 
 their  difobedience  is  warranted  by  that  of  the 
 prince,  who  is  excommunicated  only  for  refil- 
 ling to  obey  the  Church  ? 
 
 All  this  proves  clearly  what  diforder  and 
 fcandal  the  excommunication  of  a  fovereign  is 
 attended  with  ;  therefore  chriftians  are  obli- 
 ged in  charity,  to  convince  the  Pope  how  cau- 
 tious he  ought  to  be  in  fulminating  it>  and 
 how  fearful  of  imitating  the  ignorant  quack, 
 who  ufed  fire  and  fwòrd  in  the  cure  of  all  dif- 
 tempers,  indifferently;  for  thereby  the  re- 
 medy becomes  worfe  than  the  difeafe.  "lis 
 true,  that  Sovereigns  are  equally  oblig'd,  for 
 their  own  part,  not  only  to  guard  againfl:  fuch 
 crimes  as  deferve  this  punifliment,  but  to  take 
 care  to  give  the  people  fuch  a  good  opinion  of 
 them,  that  if  ever  a  prelate  fhould  proceed  to 
 extremity  with  them,  for  any  trifling  and  ima- 
 ginary 
 
The  Rights  of  Sovereigns.     %$ 
 
 ginary  crime,    their   fubjcds  may  not  from 
 thence  take  occafion  to  turn  rebels. 
 
 Befides,  it  muft  be  obferv'd,  that  excom- 
 munication being  the  fentence  of  a  judge,  this 
 fentence  cannot  be  pronounced  by  a  perfon 
 who  has  no  jurifdidtion  over  the  perfon  try'd, 
 and  no  cognizance  of  the  matter  in  queftion, 
 who  would,  by  fo  doing,  make  himfelf  ridi- 
 culous. From  this  principle  it  naturally  fol- 
 lows, that  (waving  the  nature  of  the  crime 
 for  the  prefent)  excommunication, 'to  be  valid, 
 ought  to  be  pronounced  by  a  prelate,  whofe 
 authority  extends  over  the  fovereign  fo.far, 
 as  amounts  to  a  power  of  judging  him  ;  and 
 that  moreover  the  cafe  upon  which  he  pro- 
 nounces ought  to  be  within  his  cognizance. 
 
 As  for  the  common  prelates,  the  bifhops, 
 if  they  abide  by  the  maxims  of  the  court  of 
 Rome,  which  will  have  all  bifiiops  to  be  not 
 only  in  dependence,  but  fubje&ion  to  the 
 Pope,  they  muft  own,  that  all  the  authority 
 they  have  being  fubordinate,  cannot  extend 
 over  a  fecular  authority,  which  owns  no  fubor- 
 dination,  and  holds  the  fovereignty  as  a  patri- 
 mony and  inheritance. 
 
 Tho'  a  bilhop  be  inverted  with  the  prieft- 
 hood  and  pontifical  authority,  he  is,  never- 
 thelels,  fubjetì:  to  a  fecular  prince,  either  by 
 birth,  or  by  his  place  of  refidence,  for  the 
 Church  can  neither  ufurp  nor  diminifh  the  fe- 
 cular powers  ;  non  erifit  mortalia  qui  regna  dot 
 cdeftia-,  it  does  not  take  away  earthly  king- 
 doms. 
 
l6     The  Rights  of  Sovereigns. 
 
 doms5  tho'  it  gives  heavenly  ones.  There- 
 fore the  prelate,  as  a  perfon  fubordinate,  has 
 TiO  right  to  judge  a  perfon,  or  body  of  per- 
 form, who  are  neither  fubordinate  nor  depen- 
 dent; fo  that  whenever  fuch  Judgment  hap- 
 pens to  be  abfolutely  neceflary,  it  muft  be  re- 
 fer'd  to  a  fuperior  judge,  one  who  ftands  in 
 the  fame  parity  of  independency  as  the  prince 
 who  is  to  be  judged.  But  enough  of  this  has 
 been  now  faid,  and  let  the  biftiops  be  as  much 
 bigotted  as  they  will  to  thofe  maxims  of  the 
 court  of  Rome>  which  would  perfwade  them 
 they» have  this  authority  over  princes,  furely 
 they  will  never  fuffer  themfelves  to  be  fo  far 
 blinded,  as  to  come  to  this  extremity,  fince 
 they  themfelves  would  have  reafon  to  iear  the 
 fame  fate. 
 
 If  all  the  arguments  hitherto  alledg'd,  are 
 not  fufficient  to  convince  biftops  of  their  obli- 
 gation to  pay  this  refped  to  free  and  indepen- 
 dent princes,  we  will  add  one  more  from  ^ 
 certain  canon  of  the  Church.  But  the  reader 
 muft  not  think  to  find  an  exprefs  canon,  for 
 eftablifliing  fuch  a  diminution  of  the  epifcopal 
 authority,  fince  an  acknowledgment  of  this 
 nature,  made  voluntarily,  is  hardly  ever  ufed 
 in  the  facrament  of  penance  ;  but  what  w*e 
 mean,  is  a  confequence  which  follows  from 
 the  faid  canon.  The  Council  of  Trent  de- 
 clares, that  the  bifliops,  not  only  in  their  pri- 
 vate authority,  but  even  as  delegates  of  the 
 apoftolical  See,  have  a  right  to  prefide  over, 
 
 yifit, 
 
*The  Rights  of  Sovereigns.     1J 
 
 vifit,  and  govern  hofpitals,  mounts  of  piety, 
 and  other  places  of  devotion,  lay  fraternities, 
 and  lay  fchools,  to  oblige  the  agents  and  go- 
 vernors thereof  to  give  them  an  account  of 
 their  management  of  their  revenues;  and,  in 
 a  word,  to  do  all  other  things  that  appertain 
 to  abfolute  and  defpotic  jurifdiciion.  But  the 
 council  excepts  fuch  holy  places  and  fchools, 
 as  are  under  the  immediate  protection  of  the 
 emperor  or  king,  with  whofe  government  the 
 bifhops  cannot  meddle  without  their  leave. 
 From  hence  then  we  may  infer,  by  neceffary 
 confequence,  a  pari,  or  even  a  ma)ore,  how 
 great  refpeét  the  bifhops  are  obliged  to  pay  to 
 the  perfon  of  the  emperor  or  king,  if  they 
 ought  to  be  thus  refpe&ful  to  things  which 
 are  only  under  their  protection. 
 
 If  it  be  afTerted,  that  tho*  a  bifliop  cannot- 
 excommunicate  a  fovereign  prince,  he  has, 
 however,  a  power  to  excommunicate  inferior 
 magiftrates,  we  {hall  prove  this  alfo  to  be 
 a  very  grofs  mifiake,  not  with  regard  to 
 rank,  of  which  we  have  now  treated  at  large, 
 biit  with  regard  to  merit.  For  all  magiftrates 
 are  fubordinate  to  their  prince,  from  whom 
 they  not  only  receive  the  authority  of  com- 
 manding, but  alfo  the  bounds  to  which  they 
 may  venture  to  extend  it.  So  that  if  the  ma- 
 giftrate  be  guilty  of  a  mifdemeanor,  and  de- 
 ierve  excommunication,  he  muft  not  for  this 
 caufe  be  excommunicated,  but  recourfe  fhould 
 be  had  to  the  prince,  by  whom  he  was  conftitu- 
 
 ted, 
 
2.8      The  Rights  of  Sovereigns. 
 
 ted,  to  the  end  that  he  himfelf  may  redrefs 
 what  the  magiftrate  has  done  amifs.  For  as 
 long  3s  any  other  remedy  may  be  try'd,  'tis  not 
 good  to  make  ufe  of  excommunication,  which 
 is  the  laft  remedy,  or  rather  extremity,  and 
 the  end  of  all  remedies  whatfoever.  Add  to 
 this,  that  whoever,  without  having  recourfe  to 
 the  prince,  immediately  excommunicates  the 
 magiftrate,  is  guilty  of  a  crying  injuftice,  by 
 punilhing  him  who  has  committed  no  crime  ; 
 for  the  magiftrate  often  ads,  not  of  his  own 
 accord,  but  by  commiflion,  as  the  prince's 
 minifter.  Thus,  let  the  fentence  of  a  judge 
 be  ever  fo  unjuft,  the  executioner  is  not  in 
 the  leaft  refponfible  for  it,  either  in  foro  judiciiy 
 or  in  foro  confcienii*,  becaufe  the  judge  does 
 every  thing  by  other  hands,  according  to  that 
 rule,  qui  pr  aliumfacit,  per  fe  ipfumfacere  xv- 
 detur3  I  e.  what  a  man  does  by  another,  is 
 deem'd  his  own  act  and  deed. 
 
 From  all  this  we  have  ftrong  reafon  to  con- 
 clude, that  if  an  ordinary  prelate  excommu- 
 nicate an  independent  prince,  or  an  inferior 
 magiftrate,  without  previous  application  to 
 the  prince  on  whom  he  depends,  for  obtaining 
 a  remedy  of  the  diforder  charg'd  upon  fuch 
 magiftrate,  the  prince  fhall  be  at  his  liberty  to 
 difregard  the  faid  excommunication,  as  being 
 unjuft,  and,  perhaps,  worfe  than  the  crime, 
 againft  which  it  is  fulminated,  according  to 
 that  fentence,  fiepe  majus  eft  peccatum  judicii, 
 qiiam  illim  peccati  de  quo  fuerit  judicium,  i.  e* 
 
 There 
 
The  Rights  of  Sovereigns.     19 
 
 There  is  often  greater  fin  in  the  fentence,  than 
 in  the  crime  on  which  it  is  paffed.  In  this 
 cafe  the  prince  may  alfo  ufe  what  means  he 
 thinks  neceflfary,  for  preventing  any  diforder 
 that  may  enfue,  having  the  law  of  nature  to 
 authorize  fuch  his  Conduft,  which  teaches  us 
 to  endeavour  by  all  methods  poflible  to  ex- 
 tinguifh  the  fire  of  one's  own  houfe,  without 
 ftaying  for  the  afliftance  of  our  neighbour, 
 becaufe,  as  is  often  the  cafe,  the  houfe  may 
 tumble  down  while  he  is  confulting  and  piu- 
 fing  what  to  do.  The  example  of  Jefus  Chrift 
 himfelf  is  our  warrant  for  this  condu<ft,  who, 
 when  the  Pharifees  were  offended  at  his  curing 
 a  man,  that  had  a  palfey,  on  the  fabbath-day, 
 reprimanded  them,  and  convinc'd  them  that 
 they  were  in  the  wrong,  by  asking  them, 
 if  their  afs  fhould  fall  into  a  pit,  whether 
 they  would  fcruple  to  take  it  out  on  the 
 fabbath-day  ?  Was  not  this,  furely,  to  teach 
 us,  that  we  ought  to  do  good  at  all  times, 
 without  delay  ? 
 
 "We  proceed  next  to  treat  of  the  excommu- 
 nication fulminated  by  the  Pope  himfelf 
 againft  a  fovereign  prince,  or  a  body  which 
 confifts  of  feveral  perfons  conftituting  a  free 
 and  independent  principality.  We  have  al- 
 ready acknowledged  the  Pope's  lawful  autho- 
 rity to  excommunicate  a  prince,  be  he  ever  fo 
 free,  and  his  fovereignty  abfolutely  indepen- 
 dent ;  and  we  hoped,  at  the  beginning  of  this 
 treatife,    to  re-eftablilh    a    peace    with    the 
 
 court 
 
}0     The  Rights  of  Sovereigns. 
 
 court  of  Rome^  provided  they  would  acquiefce 
 with  equity  ;  and  we  flatter  ourfelves  we 
 Hull  fucceed,  by  the  help  of  a  fingle  diftinc- 
 tion,  which  may  ferve  as  a  compafs  to  guide 
 us  in  this  ocean. 
 
 Let  us  firft  examin  wherein  a  fecular  prince 
 ought  to  be  fubjeót  to  the  Pope,  for  by  this 
 means*  we  fliall  eafily  penetrate  as  far  as  the 
 caufe  of  his  jurifdi&ion,  and  the  obligation 
 that  princes  are  under  to  obey  him  ;  for  to  de- 
 rive a  general  fubjetìion  from  a  fpecial  obliga- 
 tion, is  an  argument  drawn,  as  they  call  it, 
 de  minori  ad  majus^  which  is  a  method  of  ar- 
 gument ufed  only  by  fophifts,  and  which  caa 
 never  conclude  affirmatively  :  For  this  reafon 
 true  logicians  place  arguments  of  this  na- 
 ture in  the  lift  of  puzzling  and  deceitful  ones, 
 becaufe  they  have,  indeed,  an  appearance  of 
 proof,  but  without  any  foundation. 
 
 I  don't  believe  I  fliall  be  charg'd  with  an 
 error,  if  I  lay  it  down  for  a  principle,  that 
 the  Popes  of  thefe  later  times  have  no  greater 
 authority  than  the  antient  Popes,  and  St.  Peter 
 bimfelf.  Tho'  Paul  V.  fills  St.  Peters  See,  I 
 don't  mean  that  he  has  therefore  grace  and 
 fanóìity  from  him  who  wrought  miracles  with 
 his  fliadow,  but  that  being  advanc'd  into  his 
 chair,  his  authority  is  granted  him  by  the 
 blind  obedience  of  the  faithful,  as  we  have  al- 
 ready own'd  :  But  if  it  be  infer'd  from  thence, 
 that  every  Chriftian  Prince  is  obliged  to  obe| 
 the  Pope  implicitly,  then  we  muli  diftinguifh, 
 
 and 
 
The  Rights  of  Sovereigns,      3 1 
 
 and  grant,  that  he  is  obliged  to  obey  him  in 
 things  which  are  under  his  cognizance  as  Pope, 
 <viz.  in  dottrine,  opinions,  in  the  adminiftra- 
 tion  of  the  fieramente,  and  in  whatever  has 
 been  commanded  by  the  Apoftles,  by  Peter, 
 and  all  the  Popes  that  have  fate  in  his  chair, 
 without  temporal  dominion  ;   for  then  their 
 ordinances  were   meerly  ecclefiaftical,     and 
 without  any  mixture  of  worldly  interefl  :  be- 
 caule  they  were  poor  in  fpirit,  refembling  the 
 poverty  of  Jefus  Chrijì,  but  rich  in  heavenly 
 treafures.     If  the  Pope  explain  the  doubtful 
 fenfe  of  fome  articles  of  the  catholick  faith, 
 all  Princes  are  obliged  to  receive  that  expla- 
 nation as  good,  and  to  conform  their  own  * 
 fentiments,  and  thofe  of  their  fubjeds  to  it  : 
 And  the  Pope  may  lay  upon  this  occafion,  vi- 
 fmn  efl  fpiritui  fan£io  &  nobis  ;  it  hath  feemed 
 good  to  the  Holy  Ghoft  and  us.    If  in  fucli 
 a  cafe  the  Prince  delays  his  belief  too  long, 
 if  his  negligence  be  the  reafon  why  his  fub- 
 je<5fcs  don't  adopt  the  Pope's  decifion  :   And  if, 
 .after  admonition;,  he  does  not  fubmit  to  it, 
 
 he 
 
 *  This,  and  what  follows  muft  be  underftood- of  fuch 
 fiates  where  there  are  no  laws  to  limit  the  Pope's  deci^ 
 five  or  legifhtive  authority,  in  point  of  doctrine,  opi- 
 nion, &c.  for  this  fentiment  of  Father  Paul  being  per-i 
 feótly  ultramontane,  will  not  hold  as  to  countries  where 
 Co  bull  or  conftitution  of  the  Pope  can  be  received  till 
 it  has  been  firft  examined  by  the  Bifhops,  who  in  thefe 
 «natters  are  altogether  as  competent  judges  as  the  Pope, 
 fcither  with  him*  or  without  nim. 
 
$1     The  Rights  of  Sovereigns. 
 
 he  deferves  to  have  excommunication  fulmi- 
 nated againft  him  ,-  becaufe  he  endangers  not 
 only  his  own  foul,  but  thofe  of  his  fubjetìs, 
 by  difobeying  the  decrees  of  the  common  Fa- 
 ther in  the  functions  of  his  paternal  authority. 
 When  it  was  added  to  the  Creed,  that  the 
 Holy  Ghoft  proceeded  from  the  Father  and  the 
 Son,  though  the  Greek  Church  has  refufed  to 
 admit  of  that  addition  ever  fince,  yet  becaufe 
 it  does  not  appertain  to  laymen3  even  inverted 
 with  fovereign  and  regal  dignity,  to  meddle 
 with  the  difculTion  of  matters  of  faith,  all  ca- 
 tholics were  obliged  to  fubmit  their  belief 
 to  that  decree.  When  the  antient  ufage  of 
 communicating  to  the  laity  in  both  fpecies 
 was  changed,  and  they  only  receiv'd  the  com- 
 munion in  the  fpecies  of  bread,  tho'  the  Greeks 
 do  at  this  day  obferve  the  antient  ufage  at 
 certain  times  and  places  ;  neverthelefs  the  king 
 of  France  was  obliged  to  fubmit  to  this  inno- 
 vation. And  if,  at  prefent,  as  the  German 
 nation  propofed  in  the  council  of  Trent,  the 
 antient  ufage  was  renewed,  every  Prince 
 would  be  obliged  blindly  to  fubmit  to  it, 
 whether  they  thought  the  alteration  good  or 
 not  §  i -,  becaufe  the  Pope's  mouth  is  the  oracle 
 of  faith.  If 
 
 f  In  all  Father  Paul's  arguments,  between  thefe  two 
 marks  §  £,  he  continually  attributes  to  the  Pope  what 
 he  fays  neverthelefs  of  the  Church  in  general,  which  is 
 true  in  the  fenfe  wherein  he  exprcffes  it,  but  hot  in  ihe 
 fenfe  of  his  application, 
 
T'he  Rights  of  Sovereigns*      33 
 
 If  any  opinions  are  introduced  into  a  ftate 
 contrary  to  thofe  of  the  Roman  Church,  fron\ 
 whom  would  the  fovereign  of  that  ftate  be  ob- 
 lig'd  to  demand  the  decifion  thereof,  but  from 
 that  very  Church  ?  For  otherwife  he  could 
 not  regulate  his  own  belief,  nor  that  of  his 
 fubjetìs,  upon  fuch  article  ;  and  how  extrava- 
 gant foever  the  decifion  might  feem  to  him, 
 he  would  be  oblig'd  to  adopt  it,  inafmuch  as 
 the  decifion  of  fuch  doubts  is  not  under  the 
 cognizance  of  the  fecular  power  ;  for  inftance, 
 'tis  decided,  that  a  prieft,  who,  at  his  ordina- 
 tion, receives  immediately  from  Chrift  the 
 power  of  abfolving  fins,  may,  neverthelefs, 
 be  hinder'd  jure  fofitivo  (by  pofitive  law) 
 from  abfolving  them  ;  fo  that  if  he  then  gave 
 abfolution,  the  fame  would  be  null  and  void. 
 The  diftindion  introduced  by  the  Court  of 
 R<?//j£,  between  the  power  of  order  and  the 
 power  of  jurifditìion,  does  not  feem  to  me  to 
 have  been  eftablifh'd  by  Jefus  Chrift,  when  he 
 ordained  his  difciples  priefts  of  a  flock  where 
 there  was  no  jurisdiction  to  exercife.  Neverthe- 
 lefs, this  diftin&ion  muft  be  adhered  to  from 
 the  obligation  all  are  under  to  obey  the  Church 
 in  matters  of  opinion,  and  to  believe  what- 
 ever flie  believes  to  be  true,  becaufe  the 
 Church  is  the  proper  judge  of  all  fuch  points. 
 Every  prince  is  fubjetì  to  the  holy  fee  in  this 
 cafe,  and  in  this  fenfe  the  ecclefiaftical  monar- 
 chy may  be  called  univerfal  ;  fo  that  i{  a  fo- 
 vereign become  difobedient  on  this  account, 
 
 D  he 
 
34     The  Rights  of  Sovereigns. 
 
 he  deferves  to  be  feparated  from  the  body  of 
 the  Church  ,  for  fear  left  his  bad  example 
 fiiould  infeci:  the  found  members,  and  to  be 
 marked,  as  Cain  was,  in  the  forehead,  that  be- 
 ing known  and  abhorred  by  all  men,  they 
 may  fhun  his  company,  and  not  hear  what  he 
 might  fuggeft  from  his  evil  confcience.  (j 
 
 Having  fhewn    that  the  Pope's  authority 
 flows  immediately  from  Chrift,  let  us  now  ex- 
 amin  how  far  it  may  extend,  and  for  what 
 end  Jefus  Chrift  gave  it  to  him,  becaufe  the 
 extenfivenefs  of  the  obedience,  which  princes 
 and  all  Chriflians  ought  to  pay  him,  ihould 
 be  regulated  according  to  the  extent  of  the 
 faid  authority  ;    fince   to    give  him    greater 
 bounds  than  Jefus  Cbrift  has  fet  him,  would 
 be  no  lefs  than  ufurpation,  as  well  as  a  cri- 
 minal prefumption,  in  pretending  to  exprefs 
 what  the  gofpel  does  not  exprefs,    it  being 
 as  much  as  to  fay  that  the  goipel  wants  words 
 for  its  matter.  Now  in  all  the  New  Teftament 
 there  are  but  two  paffages  where  Jefus  Chrift 
 fpeaks  of  St.  Peter's  authority.     The  firft  ex- 
 preffes  the  reward  of  that  apoftle's  zeal  and 
 faith,   who  was  the  firft  that  owned  the  divi-' 
 nity  of  Jefus  Chrift..    But  whom  fay  ye  that  I 
 am  ?  Peter  anfwerd,  Thou  art  Chrift  the  fon 
 of  the  living  God.    Jefus  anfwerd,  Bleffed  art 
 thou,  Simon,  the  fon  of  Jonas,'  forflejli  and  blood 
 hath  not  revealed  this  to  thee,  but  my  father 
 which  is  in  heaven.   And  1  alfo  fay  unto  thee 
 that  thou  art  Peter,  and  upon  this  rock  I  will 
 
 build 
 
The  Rights  of  Sovereigns.      35 
 
 build  my  Church i  and  I  zvill  give  unto  thee  the 
 keys  of  the  kingdom  of  heaven  ;  and  whatfoever 
 thou  JJxilt  bind  upon  earthy  fhall  be  bound  in  hea- 
 ven, and  whatfoever  thou  JJmlt  loofe  on  earth, 
 pall  be  loo  fed  in  heaven.  That  was  the  tin;e 
 when  Peter  was  defign'd  for  a  Prieft,  but -not 
 eftablifh'd.  The  fecond  time  was  after  the 
 refurre&ion ,  when  Jefus  put  this  Queftion 
 to  Peter,  Loveft  thou  me?  And  Peter  an- 
 fwer'd.  Lord,  Thou  knowefl  that  1  love  thee. 
 Then  Jefus  replied  to  him,  Feed  my  Sheep. 
 And  thefe  were  the  words  by  which  Jeftts 
 Chrift  eftablifh'd  his  priefthood.  When  he 
 promifed  it  to  him,  he  gave  him  the  power 
 of  binding  and  loofing  ;  and  when  he  put  him 
 in  poffeflion  of  it,  he  charged  him  to  feed 
 men.  Now  this  flock  is  fed  two  ways  ;  with 
 facraments,  and  with  docirine.  If  in  the  ex- 
 ercife  of  the  priefthood,  and  paftoral  care  of 
 feeding  the  flieep  of  Chrift,  by  adminiftring 
 the  Sacraments  to  them,  and  teaching  them, 
 any  òpe  fliould  ftart  up,  pretending  to  ex- 
 plain the  dotìrin,  and  abufing  the  nourish- 
 ment of  the  facraments  ,  the  Pope  is  con- 
 cerned to  make  ufe  of  his  power  of  binding 
 and  loofing,  by  excommunicating  him  for  his 
 rafhnefs,  and  cutting  him  off  from  the  body  of 
 the  faithful.  Neverthelefs,  it  muft  be  remem- 
 ber'd  all  this  while,  that  we  are  treating  of  the 
 eftablifiment  of  the  Church,  when  Jefus  Chrift 
 pronounc'd  the  Words  bind  and  loofe  ;  and 
 tkat  by  confequence  the  ufe  of  the  power  of 
 D  2        .  bindirg 
 
$6     The  Rights  of  Sovereigns. 
 
 binding  always  ought  to  have  for  its  objeft 
 the  eftablijJwient  of  the  Church,  and  not  her 
 deftru&ion.  In  like  manner  Jefw  Chrift  did 
 not  pronounce  the  words,  feed  my  Jheep,  till 
 he  had  asked  Peter  feveral  times,  whether  he 
 loved  him  Ì  becaufe,  without  love,  yea,  with- 
 out redoubled  love,  it  was  impoflible  to  feed 
 his  flock  y  therefore  St.  Peter's  immediate  au- 
 thority was  altogether  fpiritual,  his  power 
 confifting  in  the  liberty  of  binding  and  loofing 
 {onhyfed  in  <edificatione  ecclefu  cantate  conjunfia* 
 The  faith  and  obligation  of  chriftians  up- 
 on this  article  extends  thus  far,  and  no  far- 
 ther :  And  if  the  Pope  pretends  from  this  pre- 
 rogative to  derive  an  univerfal  authority  of 
 commanding  princes,  and  under  colour  of  di- 
 ftributing  to  chriftians  the  nourishment  of  fa- 
 cram  ents  and  of  dodrine,  to  oblige  princes 
 to  give  his  holinefs  an  account  of  their  a&ions, 
 and  upon  their  refufal  to  do  it,  to  proceed 
 againft  them  with  the  utmoft  rigor,  as  if 
 they  were  apoftates  from  the  chriftian  faith,  this 
 is  to  challenge  a  power  not  expreffed  in  the 
 gofpel,  nor  commanded  by  Chrift,  but  is  a  mere 
 invention  of  the  ftate,  which  aims  at  the  com- 
 mand of  the  whole  univerfe  for  worldly  in- 
 tereft.  This  can  never  be  denied  till  a  new 
 gofpel  be  found  out,  any  more  than  what  we 
 laid  above,  <viz.  That  the  authority  of  the 
 Popes  in  our  days  cannot  be  greater  than  that 
 of  St.  Peter  ^  and  the  other  apoftles  and  Popes 
 of  the  primitive  Church.    Read  the  New  Te- 
 
 ftament 
 
The  Rights  of  Sovereigns,      yj 
 
 ftament  over  and  over,  you  will  find  no  place 
 where  Jefus  Chrift  fettled  his  difciples  in  any 
 domain  or  temporal  intereft  ;  lo  far  from  it, 
 that  he  bids  them  not  trouble  their  heads 
 about  what  they  fliall  eat  or  put  on,  but  to 
 expedi  all  from  the  good  providence  of  their 
 heavenly  father,  who  knew  how  to  cloath 
 them  better  than  Solomon  ;  for  he  who  gives 
 cloathing  and  nourifliment  to  the  plants  and 
 fowls  of  the  air,  will  not  abandon  the  faith- 
 ful. 
 
 Jefus  Chrift  himfelf  abhorred  fovereignty, 
 and  being  ask'd  one  day,  whether  he  were  a 
 king  ?  anfvver'd.  That  he  was  a  king  indeed  ; 
 but  his  kingdom  was  not  of  this  world.  And 
 forefeeing  by  his  divine  prefcience  that  the 
 people  who  follow'd  him,  and  had  experience 
 his  great  power  by  his  miraculous  multipli- 
 cation of  the  loaves,  had  a  defign  to  carry  him 
 away,  and  make  him  a  king  by  force,  did  he 
 not  fly  and  abfcond  to  avoid  thofe  vain  ho- 
 nours ?  But  the  Pope,  Jefus  Chrift' s  vicar,  is  fo 
 far  from  imitating  the  example  of  this  divine 
 minifter,  that  he  arrogates  to  himfelf  the 
 power  of  making  kings  and  princes  when  he 
 pleafes,  wherein  he  has  fometimes  fucceeded  ; 
 witnefs  what  happen'd  not  long  ago  in  Ireland, 
 and  afterwards  in  Tufcany.  Now,  fince  it  has 
 been  fhown  that  Jefus  Chrift  has  not  given  him 
 this  authority,  no  prince  is  oblig'd  to  obey  him 
 upon  that  account  ;  and  if  any  body  is  excom- 
 municated for  refufing  to  own  Ireland  for  a 
 D  3  kingdom^ 
 
3  8     The  Rights  of  Sovereigns. 
 
 kingdom,  or  Tufccwy  for  a  great  dutch  y,  this 
 excommunication  would  be  void,  becaufe  'tis 
 not  the  Pope's  bufinefs  to  beftow  fecular  dig- 
 nities, to  which  the  Pope  himfelf  is  fubjeót  in 
 his  own  perfon,  and  to  which  he  was  formerly 
 fiibjefi  in  the  exercife  of  the  papal  miniftra- 
 tion% 
 
 We  fay  it  again,  that  the  Pope  is  fet  up  to 
 form,  feed,  and  inftruci  the  flock.  On  this 
 account  every  one  ought  to  obey  him  ;  and 
 whoever  fails  in  this  point ,  the  Pope  may 
 excommunicate  and  curfe  him  ;  but  the  Pope 
 cannot  make  one  fingle  body  of  laws,  com- 
 pofed  of  articles  of  faith  and  the  canon  laws, 
 becaufe  the  latter  are  blended  with  an  infi- 
 nite variety  of  human  interefts,  which  do  not 
 oblige  to  fubmiffion. 
 
 Mahomet  was  very  cunning,  when  in  the 
 compofition  of  his  Alcoran  he  added  the  civil 
 laws  of  political  government,  that  all  hisfub- 
 je<Ss  might  think  themfelves  equally  oblig'd 
 to  obferve  the  articles  of  their  creed,  and  the 
 laws  of  their  prince.  The  Court  of  Rotne, 
 rather  than  copy  after  Mahomet.,  ought  to  be 
 contented  with  the  honour  of  fuch  as  own  their 
 obligation  to  obey  the  Pope,  in  matters  of 
 faith  alone.  Tho'  there  were  fovereigns,  who, 
 out  of  a  godly  principle,  thought  fit  to  ftrip 
 themfelves  of  their  treafure  and  dominions  for 
 enriching  the  Church  with  them;  the  Popes 
 have  not  on  this  account  acquired  any  greater 
 authority  than  when  they  had  only  a  itone 
 
 feat 
 
The  Rights  of  Sovereigns-      39 
 
 feat  and  a  wooden  cròfier.  Thofe  princes  had 
 no  intention  to  fet  up  one  who  fhould  he 
 their  lord  and  matter,  to  exchange  their  free- 
 dom for  flavery,  and  to  be  forced  to  give  an 
 account  of  their  actions  in  temporal  affairs,  as 
 muft  have  been  the  cafe,  if  they  had  been  ob- 
 lig'd  to  obey  all  the  canon  laws  and  innova- 
 tions introduced  by  the  Council  of  Trent, 
 which,  to  fay  the  very  truth,  did  in  this  re- 
 fped  put  in  their  fickle  into  other  men's  corn. 
 
 A  reflection  occurs  to  me  jttft  now,  which 
 I  cannot  pafs  over  in  filence,  «u/&  That  ex- 
 communication is  generally  threatned  for  the 
 tranfgreffion  of  fonie  pofitive  law,  and  very 
 rarely,  if  ever,  for  difobedience  to  the  divine 
 laws.  Princes  have  their  authority  from  God, 
 and  are  accountable  to  none  but  him  for  the 
 government  of  their  people.  The  Pope  cannot 
 pretend  to  be  God's  vicar  in  this  refpetì:  -,  in 
 the  firft  place,  becaufe  it  is  not  written  ;  fe- 
 condly,  becaufe  princes  were  before  Popes  ; 
 from  whence  it  follows  that  it  muff  be  pro- 
 ved not  by  tradition,  but  by  the  Gofpel  itfelf, 
 that  God  is  the  author  of  fuch  derogation  from 
 the  feciilar  authority,  in  favour  of  the  Pope. 
 But  this  is  what  can  never  be  demonftrated, 
 and  reafon  itfelf  is  fufficient  to  convince  us  of 
 it,  for  the  care  which  the  Pope  would  be  ob- 
 liged to  take  of  temporal  affairs  would  fwal- 
 low  up  his  concern  for  fpirituals,  and  'tis  im- 
 pofliblé  to  ferve  God  and  the  world  at  the 
 lame  time.  Tho'  the  Pope  by  any  accident 
 D  4  fhould 
 
4°     The  Rights  of  Sovereigns. 
 
 fliould  be  deprived  of  his  dominions  and  trea- 
 fure,  and  reduced  to  that  poverty  which  was 
 the  appanage  of  the  primitive  pontiffs,  the 
 princes  would  undoubtedly  be  obliged  to 
 obey  him  neverthelefs  as  Pope,  and  in  the 
 fame  quality  he  has  a  right  to  command  them, 
 and  they  to  obey  him,  now  he  is  encompafs'd 
 with  fplendor  and  grandeur  -,  fo  that  if  they 
 refufe  to  obey  him  as  fuch,  he  may  excommu- 
 nicate them  with  reafon,  and  the  punifhment 
 would  be  proportionable  to  the  crime  ;  for 
 the  crime  being  fpiritual,  the  punilhment  in- 
 Aided  by  a  fpiritual  judge,  would  be  purely 
 fpiritual  in  like  manner,  and  by  confequence 
 valid  and  effe&ual.  But  the  Pope  rauft  take 
 heed  how  he  extends  this  right  to  other  mat- 
 ters, becaufe,  if  he  go  beyond  the  bounds  of 
 his  authority,  he  would  ceafe  to  aft  in  quality 
 of  Pope,  and  princes  being  no  longer  fubjeà 
 to  him,  would  not  be  obliged  to  obey  him. 
 
 If  there  be  any  who  call  this  diftintìion  fan- 
 taftical,  and  refufe  to  admit  of  a  truth  fo  uni- 
 verfally  receiv'd,  viz.  That  the  Pope  may  be 
 confider'd  in  different  qualities,  let  it  be  re- 
 membered that  I  aver  the  fame  of  legates, 
 vice-legates,  and  of  the  governors  of  towns  in 
 the  land  of  the  Church,  who,  if  they  con- 
 demn a  criminal  to  death,  or  lofs  of  mem- 
 ber, aft  irregularly  as  priefts,  be  their  fentence 
 ever  fo  juft  ;  nor  can  they  demand  fatisfaftion, 
 or  reparation,  for  any  injury  done,  even  to 
 their  own  perfons,  unlefs  they  firft  proteft  be- 
 fore 
 
Tloe  Rights  of  Sovereigns.     41 
 
 fore  the  fecular  judge,  that  their  demand  is 
 citra  focnam  fanguinh.  Yet  thofe  fame  pre- 
 lates condemn  criminals  to  death  every  day, 
 and  perhaps  with  more  feverity  than  other  go- 
 vernors, having  no  other  plea  to  palliate  their 
 canonical  irregularity,  but  the  diftin&ion  that 
 they  exercife  this  charge,  and  pronounce  this 
 judgment,  not  as  Priefts,  but  as  princes,  and 
 the  minifters  of  a  prince.  'Tis  not  therefore 
 a  contradiction,  according  to  them,  to  con- 
 fider  the  pope  one  while  as  pontiff  and  chief 
 prieft,  in  the  fun&ions  of  the  priefthood,  and 
 another  while  as  a  temporal  prince,  who  is 
 taken  up  with  fecular  interefts  and  maxims  of 
 ftate.  Neverthelefs,  it  would  be  ridiculous 
 in  the  Pope,  confider'd  even  as  a  temporal 
 prince,  to  aflèrt  that  he  has  any  more  au- 
 thority over  other  princes  than  one  neigh- 
 bour has  over  another  j  which  imports  no  fu- 
 periority,  and  by  confequence  no  right  to  com- 
 mand. But  this  has  been  fufficiently  handled 
 already. 
 
 $%\ 
 
 j%» 
 
 CHAP. 
 
41     The  Rights  of  Sovereigns. 
 
 CHAP.     III. 
 
 Whether  excommunicated  perfons  may 
 appeal. 
 
 WE  have  fully  prov'd  that  excom- 
 munication is  a  fentence  pronounc'd 
 againft  a  criminal  for  fome  fuppos'd  crime. 
 Now  cuftom  and  reafon  tell  us,  that  appeals 
 againft  all  fentences  are  lawful,  becaufe  all 
 judges  are  liable  to  be  deceived  by  falfe  and 
 plaufible  arguments.  'Tis  therefore  lawful  to 
 appeal  from  excommunication  to  a  fuperior 
 judge,  otherwife  chriftian  obedience,  inftead 
 of  being  an  eafy  yoke,  and  a  light  burden, 
 would  be  woife  than  Babylonijh  captivity. Thus 
 if  fentence  comes  from  the  tribunal  of  a  bi- 
 Ihop,  an  appeal  may  be  brought  to  the  arch- 
 bifhop  ;  if  from  an  arclibifhop,  to  a  primate ;  if 
 from  a  primate,  to  a  patriarch;  if  from  a  patri- 
 arch, to  an  apoftolical  nuncio;  and  if  from  a 
 nuncio,  to  a  provincial  fynod,  according  to  the 
 cuftom  of  every  province  t  And  finally^  ap- 
 peals may  be  made  from  all  provincial  or  pa- 
 triarchal fentences  to  the  Pope. 
 
 Indeed  this  cuftom  of  appealing  to  the  Pope 
 from  a  patriarchal  fentence  is  a  novelty  in  the 
 Church,  which  was  unknown  in  the  primitive 
 times.  In  the  age  that  fucceeded  next  to  the 
 Apoftles,  the  whole  chriftian  world  was  di- 
 vided 
 
Hoe  Rights  of  Sovereigns.     43 
 
 vided  into  four  patriarchates.  That  of  Rome> 
 by  dignity  and  prerogative,  was  the  firfl  ;  that 
 of  Antioch  the  fecond,  that  of  Alexandria  the 
 third,  and  that  of  Confi  ant  ino  fie  the  fourth-. 
 Many  years  after,  when  chriftianity  was  efta- 
 blifli'd  in  the  parts  about  Jenifalem ,  that 
 city  was  alfo  ere&ed  into  a  patriarchate,  and 
 added  to  the  other  four  ;  fo  that  all  chriften- 
 dom  was  then  divided  among  thofe  five  pa- 
 triarchs, who  had  each  certain  kingdoms  and 
 provinces  afligned  them,  that  they  might  have 
 the  oversight  of  the  inferior  prelates  in  thofe 
 dominions,  as  bifnops,  archbifhops,  and  pri- 
 mates ;  fo  that  all  appeals  in  any  part  of  chri- 
 ftendom,  when  brought  before  the  patriarch 
 of  the  Country,  had  their  final  decifion  with- 
 out further  appeal  :  The  chief  of  all  the  pa- 
 triarchs, in  point  of  precedency,  was  that  of 
 Rome*,  and  he  received  this  prerogative  from 
 St.  Peter,  who  exerciied  his  jurifdi&ion,  and 
 kept  his  refidence  there  a  long  time  ;  but  be- 
 fore St.  Peter  went  to  Rome,  he  founded  the  fee 
 of  Antioch,  from  whence  it  happen'd,  that  that 
 which  was  the  firfl:  in  the  order  of  the  patri- 
 archates, became  the  fecond  by  St.  Peter's  de- 
 parture, whofe  chair  at  Antioco  is  kept  holy  to 
 this  day.  But  tho'  the  patriarch  of  Rome  is 
 firfl  in  preheminence,  he  is  not  the  firfl:  in  au- 
 thority, but  only  fo  in  point  of  order,  in  the 
 fame  fenfe  with  the  prefident,  or  chief  of  an 
 àflèmbly,  who  is  one  that  is  honour'd  with  the 
 chief  place  among  his  collegues,  tho'  they  are 
 
 equal 
 
44     The  Rights  of  Sovereigns. 
 
 equal  to  him  in  authority.  Thofe  patriarchs 
 fucceeded  the  four  evangelifts,  who  had  the 
 fame  equal  meafure  of  authority,  tho'  not  of 
 grace  $  for  two  of  thofe  evangelifts  had  the 
 marks  of  an  apoftolick  character,  but  with- 
 out any  preheminence  over  the  others. 
 
 This  fuperiority  of  the  fee  of  Rome  was  un- 
 known in  ancient  times,  of  which  there  needs 
 no  other  proof,  than  what  palled  at  the  elec- 
 tion of  bifliops  and  archbifhops  in  all  the 
 eftates  of  chriftendom.  When  a  city  wanted 
 a  bifhop,  both  the  laity  and  the  clergy,  or  the 
 clergy  alone,  according  to  the  cuftom  of  the 
 town,  eletìed  him  ;  and  when,  in  procefs  of 
 time,  difputes  arofe  about  thofe  eletìions,  re- 
 course was  prefently  had  to  the  patriarch,  in 
 whofe  jurifdiftion  fuch  city  lay.  When  the 
 eletìion  was  ended,  the  prelate  eletì:  was  pre- 
 fented  to  the  patriarch,  who  confecrated  him, 
 and  gave  him  the  bifhop's  pall.  In  the  firft 
 Council,  which  was  held  by  St.  Peter  and  the 
 other  apoftles  in  Jerufalem,  the  elders  of  the 
 people  were  prefent,  to  give  their  opinion 
 about  the  decree  which  was  defign'd  for  a- 
 bolifhing  circumcifion.  And  the  laity  affifted 
 in  all  the  Councils  for  a  long  time  after.  Then 
 canonical  punifliments  were  inftituted  ad  cor- 
 rigendo* fratres  ;  and  afterwards  the  laity  neg- 
 lecting their  attendance  in  thofe  afTemblies, 
 ftations  were  decreed,  and  indulgences  grant- 
 ed for  thofe  who  fliould  repair  to  the  faid 
 afTemblies,  wherein  all  things  relating  to  the 
 
 (late 
 
The  Rights  of  Sovereigns.     45 
 
 ftate  of  chriftianity  were  determined.  The 
 laity  continued  alfo,  a  long  while  after  this, 
 to  give  their  votes  at  the  ele&ion  of  prelates 
 and  Popes  ,•  for  Celeftin  II.  who  was  advanced 
 to  the  holy  fee  in  1 143,  was  the  firft  who  was 
 chofen  Pope  folely  by  the  cardinals  ;  and  this 
 gave  the  court  of  Rome  a  handle  to  obtain 
 two  great  prerogatives,  vizi,  the  exclufion  of 
 the  laity,  and  the  delegation  of  the  cardinals 
 alone,  who,  at  their  inftitution,  had  no  other 
 title  than  curates  of  the  chief  Pariflies  of 
 Rome*,  and  were  therefore  much  inferior  to 
 bifhops.     But  to  return  to  our  fubjeót  : 
 
 A  fentence  of  excommunication  is  in  its 
 own  nature  fubje<ft  to  an  appeal,  not  only  to 
 the  end  that  the  perfon  who  is  injured  may 
 obtain  relief,  but  alfo,  becaufe  it  would  be 
 tyranny  to  fubjeft  the  perfon  accufed  to  the 
 opinion  of  a  fingle  judge,  who  would  there- 
 by be  in  a  condition  to  opprefs  him  at  difcre- 
 tion.  Upon  this  account,  fovereign  princes 
 are  wont  to  make  no  difference  betwixt  ci- 
 vil and  criminal  judges  ;  and  being  perfuaded 
 that  there  is  no  judgment  which  is  not  fuf- 
 ceptible  of  a  more  ferious  examination,  and 
 a  more  exaóì  difcuflion,  they  therefore  do  not 
 pafs  fentence  themfelves,  to  the  end  that  the 
 perfon  condemned  may  have  the  liberty  of 
 recourfe  from  one  judge  to  another.  Thus, 
 if  a  fovereign  prince  himfelf  fliould  pafs 
 fentence,  and  not  permit  an  appeal,  he  would 
 do  the  parties  an  injury  ;  and  it  would  feem 
 
 as 
 
4#     The  Rights  of  Sovereigns. 
 
 as  an  injury  done  to  himfelf,  if  he  admitted 
 of  a  judge  to  over-rule  his  decifions.  He  who 
 was  condemn'd  by  Gefar,  appeal' d  to  Gefar 
 himfelf  when  his  anger  was  over  j  and  even 
 now,  when  there  is  a  neceffity  for  the  inter- 
 vention of  the  Pope's  judgment  in  a  cafe  of 
 importance  ^  he  gets  the  fulleft  information 
 poflible  ;  and  tho'  he  is  fatisfy'd  in  his  own 
 confcience  of  the  merits  of  the  caufe,  yet,  for 
 all  this,  he  does  not  pronounce  fentence,  but 
 deputes  judges  to  do  it,  that  he  may  not 
 be  expos'd  to  the  common  law  of  appeals 
 from  his  judgment  ;  and  it  generally  follows, 
 that  fentence  is  pronounc'd  in  favour  of  the 
 complainant,  becaufe,  by  naming  fuch  depu- 
 tation, he  does  in  effect  declare  that  he  ad- 
 mits of  the  complaint. 
 
 As  to  the  ordinary  prelates,  there  is  no 
 doubt  but  as  fuch  a  one  owns  a  fuperior, 
 he  is  oblig'd  to  admit  of  appeals  from  his 
 fentences  ;  the  difpute  therefore  only  relates 
 to  the  fentences  of  the  Pope,  who  acknow- 
 ledges no  fuperior  ;  and  this  point  depends 
 on  the  queftion,  whether  the  Pope  or  a  Coun- 
 cil is  fuperior  ?  If  we  admit  the  fuperiority 
 of  a  Council,  all  doubts  concerning  this  mat- 
 ter would  vaniih  ;  but  fince  the  champions  for 
 the  court  of  Rome  will  not  acknowledge  this 
 fuperiority,  the  difficulty  remains  entire.  Be- 
 fides ,  tho'  they  fhould  admit  of  the  fuperi- 
 ority of  a  Council,  they  would  hardly  grant 
 them  the  liberty  of  receiving  appeals,     by 
 
 pie- 
 
The  Rights  of  Sovereigns*      47 
 
 pretending  that  this  tribunal  does  not  always 
 fubfift,  that  it  would  be  unneceflary  trouble  to 
 call  a  Council  for  a  particular  affair  ;  and 
 moreover,  that  when  affembled,  it  would  not 
 only  pronounce  judgment  on  the  affair  for 
 which  it  was  called,  but  would  hear  all  who 
 thought  themfelves  injured  by  the  Pope  ; 
 which  as  we  fay,  would  be  falling  out  of 
 the  frying-pan  into  the  fire,  and  terribly  ex- 
 pofe  the  authority  of  the  holy  fee.  Therefore 
 we  may  not  expeft  to  have  a  general  Council 
 calfd  by  the  Pope's  order  for  many  ages  : 
 No,  the  Court  of  Rome  too  well  remembers 
 how  dear  they  have  paid  for  thofe  in  time 
 paft.  If  I  don't  miftake,  befides  the  two  Vows 
 of  obedience  and  chaftity,  which  all  priefts 
 make  at  their  ordination,  a  third  vow  is  requi- 
 red of  him  who  is  raifed  to  the  papal  dignity, 
 'viz.  That  he  abjure  general  Councils,  or  pro- 
 mife  never  to  call  one  in  any  cafe  whatfoever. 
 If,  in  order  to  diffipate  the  Pope's  dread  of  a 
 Council,  it  were  propofed  (which  is  perhaps 
 impoffible)  fo  to  circumfcribe  the  authority  of 
 the  Council  when  affembled,  that  it  filali  not 
 meddle  with  any  other  affair  befides  that  for 
 which  it  is  fummoned,  then  it  would  be  ob- 
 jected, that  the  prelates  of  many  dominions 
 would  not  care  to  attend  them,  as  not  think- 
 ing themfelves  oblig'd  to  undergo  fuch  fatigues 
 for  the  fake  of  a  particular  prince  ;  from 
 whence  this  inconvenicncy  would  anfe,  that 
 many  of  the  prelates  would  be  for  reafìènv 
 
 bling 
 
48     T'he  Rights  of  Sovereigns. 
 
 bling  fuch  a  Council  at  pleafure.  Be  this  as  it 
 will,  I  am  inclin'd  to  think,  that  if  a  Council 
 was  afTembled  under  fuch  conditions ,  all 
 kingdoms  would  heartily  concur  ;  for  it  would 
 be  univerfal;  and  the  common  intereft  of  all 
 provinces,  were  it  once  eftablilh'd,  that  the 
 Pope  \yould  admit  of  appeals  to  a  Council,  in 
 all  cafes  where  people  fliould  think  them- 
 felves  injur'd  by  the  court  of  Rome,  and  that 
 he  would  authorife  the  validity  thereof  by  his 
 own  confent.  But  I  muft  own  this  is  only  a 
 chimerical  fpeculation,  and  what  is  never  like 
 to  come  to  pafs  ;  there  being  not  the  leaft  ap- 
 pearance that  the  Pope  will  ever  confent  wil- 
 lingly to  the  calling  of  a  Council  for  any  caufe 
 whatfoever,  no  not  for  the  fake  of  all  chriften- 
 dom,  and  much  lefs  for  that  of  a  fingle  poten- 
 tate. 'Tis  poflible,  neverthelefs,  that  the  court 
 o(Ro?ne  refufes  to  admit  fuch  appeals,  becaufe 
 of  the  impoffibility  there  is  of  obtaining  a  fi- 
 nal judgment,  and  not  becaufe  they  think  they 
 have  a  right  to  refufe  them,  and  that  their  fen- 
 tences  are  not  fubjetì:  to  reviews  of  the  like 
 nature.  For  by  allowing  of  fuch  appeal  to  a 
 tribunal  that  does  not  really  fubfift,  the  appeal 
 alone  will  have  the  force  of  a  fentence,  ac- 
 cording to  the  maxim,  Appellano  fingit  non  ju- 
 dicotomi.  Therefore,  from  the  very  moment 
 that  any  one  appeals  from  a  fentence  of  the 
 Pope  to  a  future  Council,  the  fentence,  and 
 all  that  follows  thereupon,  remains  in  fufpence 
 till  a   definitive  judgment,  which  cannot  be 
 
 obtained 
 
The  Rights  of  Sovereigns.     49 
 
 obtain'd  while  there  is  no  judge  ;  fo  that  the 
 bare  appeal  is  fufficient  to  annul  the  former 
 fentence.  Undoubtedly  'tis  to  avoid  thefe  in- 
 conveniencies  that  the  court  of  Home  rejects 
 the  fuperiority  of  councils,  tho'  they  are  fu- 
 perior  in  their  own  nature,  and  the  Popes  are 
 convine'd  of  it  in  their  own  confeiences.  There- 
 fore their  difowning  of  it  is  a  poifenous  re- 
 medy, for  it  is  making  an  article  of  faith  con- 
 trary to  all  manner  of  reafon,  merely  for  a- 
 voiding  a  political  inconvenience. 
 
 'Tis  in  vain  to  think  of  engaging  the  court 
 of  Home  to  admit  of  appeals  of  this  kind,  by 
 telling  them,  that  an  appeal  makes  no  more 
 account  of  a  fentence  than  if  it  had  never  been 
 pafs'd,  and  fufpends  all  the  effects  of  it,  and 
 that  an  excommunicated  perfon,  who  appeals, 
 is  not  fenfible  of  any  prejudice  from  excommu- 
 nication while  his  appeal  fubfifts  ;  but  that 
 thofe  appeals  ought  to  have  a  certain  time  fix'd, 
 after  which  fentence  may  be  fulminated,  if 
 no  final  judgment  intervene,  becaufe  'tis  then 
 fuppos'd  to  be  the  appellant's  own  fault  if  the 
 procefs  is  not  ended,  efpecially  in  the  prefent 
 cafe  ,*  for  the  canons  of  the  Church  are  exprefs 
 to  this  purpofe,  allowing  but  two  years,  at 
 mod ,  to  difpatch  all  ecclefiaftical  procefs.  No, 
 I  fay,  the  court  of  Home  would  not  fuffer 
 themfelves  to  be  taken  by  this  fpecious  bait. 
 They  know  full  well  that  this  limitation  of 
 time  can  only  be  to  the  difadvantage  of  the 
 
 E  ap- 
 
5o     The  Rights  of  Sovereigns. 
 
 appellant,  when  he  is  permitted  to  obtain  fuch 
 final  Judgment,  and  that  as  foon  as  it  becomes 
 impofiible  for  him  to  obtain  it,  becaufe  the 
 tribunal,  to  which  he  hath  recourfe,  doth  not 
 always  fubfift,  he  is  confequently  no  longer 
 fubjetì  to  the  prefcription  of  time.  Such  is 
 the  condition  of  a  pupil,  till  he  is  able  him- 
 felf  to  take  care  of  his  own  Interefts.  There- 
 fore the  court  of  Home  fees  plain  enough,  that, 
 by  admitting  of  appeals,  one  of  thefe  two 
 things  would  certainly  be  the  confequence,  ei- 
 ther that  its  fentences  mud  continue  in  fuf- 
 pence  till  a  judge  was  conftituted,  or  that  for 
 want  of  the  ordinary  judge,  the  Pope  would 
 be  oblig'd  to  appoint  one  on  purpofe  for  this 
 particular  affair  ;  but  with  this  condition,  that 
 it  fliould  be  by  confent  of  the  parties  con- 
 curring in  the  choice  of  the  judges.  For 
 otherwife,  if  the  perfons  chofen  were  fufpetì- 
 ed  by  either  of  the  parties,  the  other  could 
 not  be  compell'd  to  appear  before  a  tribu- 
 nal thus  eftablifh'd,  contrary  to  the  laws  of 
 natural  right.  For  avoiding  all  the  confufion 
 and  perplexity,  in  which  the  bare  acknow- 
 ledgmentof  thefuperiorityof  a  Council  would 
 involve  the  pontificai  authority,  the  court  of 
 Rome,  who  forefaw  all  the  prejudicial  confe- 
 quences  of  it  at  a  great  diftance,  cuts  the  knot 
 at  once,  and  abfolutely  denies  the  faid  fupe- 
 rtarity,  a  remedy  which  I  confefs  is  violent, 
 but  abfolutely  neceflary  to  anfwer  their  views. 
 
 We 
 
The  Rights  of  Sovereigns.      5 1 
 
 We  will  now  make  a  general  Inquiry  into  the 
 Equity  of  this  article,  and  then  proceed  to 
 the  particular  decifion  of  another  queftion. 
 
 There  are  only  two  pretences  for  rejecting 
 an  appeal  fròm  a  fentence,  viz.  the  infallibility 
 of  the  judges  who  paffes  it,  or  elle  his  fuperi- 
 ority.  If  his  infallibility  be  pretended,  it  may 
 be  laid  to  be  a  reaibn  both  natural  and  juft  at 
 the  fame  time  5-  but  if  his  fuperiority  be  pre- 
 tended, which  confifts  in  his  owning  no  other 
 judge  above  himfelf,  'tis  a  reafon  of  (tate, 
 which  only  refpefts  the  chief  judge.  As  to  the 
 former,  'tis  ceitain  that  if  the  law  could  have 
 fuppofed  fuch  infallibility  in  a  judge,  it  would 
 never  have  allow'd  of  appeals,  that  may  be 
 aptly  compared  to  Medicine,  which  is  de- 
 fign'd  for  the  recovery  and  health  of  the  con- 
 futation, and  on  that  account  ought  to  be  ac- 
 ceptable •  but  if  it  be  confider'd  abfh*actedly5 
 as  the  means  only,  'tis  impoffible  not  to  hate  it3 
 becaufe  of  the  diforders  into  which  it  throws 
 the  patient,  who  would  never  take  phyfick  if 
 he  was  fure  of  recovering  his  health  by  any 
 other  method.  Appeals  confider'd  in  them- 
 felves,  and  in  their  end,  are  good,  becaufe  they 
 ferve  to  repair  the  mifchief,  and  divert  the 
 prejudice  attending  the  falfe  judgment  of 
 a  former  judge  :  But  otherwife  they  are  odi- 
 ous, in  that  they  tend  to  prolong  law  fuits,and 
 to  elude  the  authority  of  a  former  judge  ;  notfr 
 the  law  having  not  the  leaft  hopes  that  equity 
 E  %  would 
 
52*      The  Rights  of  Sovereigns. 
 
 would  be  infeparable  from  all  fentences  pafTed 
 in  the  firft  inftance,  thought  it  indifpenfably 
 neceffary  to  conftitute  a  fnperior  judge,  tho'  it 
 plainly  fbrefaw  it  would  be  a  means  for  a  liti- 
 gious perfon  to  indulge  his  paffion  ;  fo  that 
 finding  itfelf  between  two  extremes,  either  of 
 authorizing  an  unjuft  fentence,  or  of  feeding 
 the  paffions  of  fuch  who  feek  to  fpin  out  cau- 
 ks  to  a  great  length  j  it  chofe  rather  to  per- 
 mit the  latter,  as  the  leaft  of  thofe  evils  :  Be- 
 fides,  by  the  admitting  of  appeals,  there  was 
 no  certainty  of  avoiding  the  injuftice  of  afen- 
 tence,  fince  the  judge  being  deceiv'd  in  the 
 firft  inftance,  it  might  happen  that  the  fuperior 
 judge  might  alfo  be  miftaken  in  approving  and 
 confirming  his  fentence.     For  we  can  expeót 
 no  lefs  from  human  weaknefs,  nothing  but  the 
 fpirit  of  God  being  capable  to  enlighten  the 
 underflanding.     Proceed  we  now  to  the  other 
 Queftion. 
 
 The  court  of  Ro?ne  reje&s  all  appeals  from 
 a  fentence  of  the  Pope,  for  this  reafon,  that 
 the  Pope  being  infallible,  cannot  err  in  paflGng 
 fuch  fentence.  If  it  can  be  proved  that  the 
 Pope  poffefles  this  extraordinary  prerogative, 
 which  raifes  him  above  human  infirmities,  fo 
 liable  to  error,  without  doubt  the  holy  father 
 is  very  much  in  the  right  not  to  fuffer  his  de- 
 cisions to  be  fubje&ed  to  a  fcrutiny,  fince  the 
 law  cannot  grant  the  fame  privilege  to  the  or- 
 dinary judges.  But  of  what  ufe  i§  infallibili- 
 ty 
 
^The  Rights  of  Sovereigns.      53 
 
 ty  in  this  cafe,  fince  we  have  demonftrated  in 
 Chap.  II.  that  excommunication,  to  be  valid 
 in  foro  confitenti*,  muft  have  fonie  deadly  fin 
 for  its  objed  ?  Now  every  one  knows  that  this 
 aggravation  of  fin  can  only  be  diftinguifli'd  in 
 confeffion,  becaufe,  tho'  an  a&ion  be  never  fo 
 evil,  it  cannot  be  finful,  if,  among  other  cir- 
 cumftances,  it  is  not  voluntary  ;  fo  that  the 
 Pope  may  happen  to  excommunicate  a  perfon 
 who  may  feem  to  have  incurr'd  excommuni- 
 cation, tho'  indeed,  and  in  foro  confitenti*,  he 
 has  not  deferv'd  it  ;  or  one,  who,  tho'  he  may 
 have  deferv'd  it,  is  capable  of  offering  fo  many 
 exceptions  as  would  make  it  appear  he  has  not 
 incurr'd  it.  Perhaps  the  court  of  Rome  may 
 approve  of  my  opinion,  with  refpeel  to  excom- 
 munications decreed  before  the  aci:  done  ;  be- 
 caufe  indeed  the  Pope,  who  pronounces  ex- 
 communication, cannot  forefee  what  excep- 
 tions the  criminal  may  produce  ;  but  they  will 
 not  admit  of  any  plea  againft  excommunication 
 fulminated  after  neceflary  admonition,  be- 
 caufe  if  the  criminal  had  any  thing  to  offer  by 
 way  of  exception,  he  had  time  to  produce  it 
 to  the  judge,  before  he  was  excommunicated  ; 
 but  having  not  done  it,  he  manifefts  his  con- 
 tumacy, and  proves  himfelf  guilty  j  which, 
 fay  they,  is  a  fin  bad  enough  to  authorize  ex- 
 communication. That's  their  opinion.  To 
 which  I  anfwer  j  It  may,  and  commonly  does 
 happen,    that  the  perfon  accus'd   being  per- 
 
 E  3  luuded 
 
54     ttt  Rights  of  Sovereigns. 
 
 fùaded  his  condemnation  is  inevitable,  does 
 not  produce  his  exceptions,  becaufe  'tis  cer- 
 tain he  had  better  be  condemned  for  contu- 
 macy, than  after  he  has  been  heard,  fince  then 
 he  referves  to  himfelf  a  right  of  producing 
 them  ex  integro   before  the  judge  to  whom 
 he  appeals,  and  who  is  the  proper  judge,  be- 
 caufe  hfe  had  no  concern  in  the  former  fentence, 
 and  is  not  a&ed  by  any  intereft  -s  but  it  rarely 
 falls  out  that  the  Pope  gives  admonition  before 
 his  excommunications,  even  when  it  has  hap- 
 pen'd  to  be  in  his  own  caufes,  as  when  he 
 complains  of  the  violation  of  his  jurifdidtion, 
 or  of  any  hurt  done  to  the  eccleiiaftical  li- 
 vings, or  when  he  claims  any  fiefs  or  lordfhips 
 efcheated,  and  the  like.     In  cafes  of  this  na- 
 ture, if  the  perfon  fummond  obey,    he  runs 
 the  risk  of  loiing  all  his  rights  entirely,  and  if, 
 after  having  fent  his  reafons  to  this  tribunal, 
 he  is  condemn'd  tho'  abfent,  what  might  he  not 
 fear  were  he  to  appear  there  in  perfon  ?  To  a  void 
 this  double  inconveniency,  perfons  are  oblig'd 
 to  let  fentence  of  outlawry  pafs  againft  them 
 for  non-appearance,  referving  to  themfelves  an 
 appeal  to  a  competent  judge  in  integro  &  fine 
 prejudice.     Is  it  not  vi/ible  that  this  refufal  to 
 appear  in  the  firft  inftance  is  neither  obftinacy 
 nor  rebellion  ?   "Tis  abfolute  neceffity,  there- 
 fore no  fin,  and  by  confequence  no  valid  caufe 
 pf  excommunication  ;  and  if  the  fame  be  ful- 
 minated, 'tis  unjuft,  and  ferves  at  beft  only  to 
 ^iicpver  the  iniquity  of  the  judge,  who  fufters 
 
 him- 
 
Tfje  Rights  of  Sovereigns.      *$$ 
 
 himfelf  to  be  carry 'd  away  by  his  own  private 
 intereft.  We  conclude  therefore  that  trie  court 
 of  home  has  no  ground  to  reject  appeals  on  ac- 
 count of  the  j  Jge's  infallibility. 
 
 Since  the  faid  court,  which  hates  to  difpute 
 or  argue,  but  aims  at  nothing  lefs  than  ablblute 
 defpotic  power,  reiufes  to  hearken  to  all  the 
 reafons  that  may  be  alledg'd  againft  fuch  pre- 
 tended infallibility,  and  lays  fo  much  ftrefs  on 
 the  words  of  our  Saviour,  and  the  prerogative 
 he  granted  St.  Peto\  as  to  make  the  Pope's 
 infallibility  an  article  of  faith,  it  will  be  ne- 
 ceflàry  to  have  recourfe  to  the  fcriptures,  which 
 we  propofe  to  do  in  a  future  chapter,  wherein 
 '  we  will  try  the  force  of  this  infallibility  by 
 the  true  meaning  of  thofe  facred  writings  ;  for 
 the  prefent  I  think  it  fufficient  to  obferve,  that 
 if  the  Pope  were  infallible,  he  would  confe- 
 quently  be  happy  in  this  life,  I  mean  /happy 
 with  celeftial  beatitude  ,-  for  1  am  not  fo  raft 
 as  to  attack  his  worldly  beatitude,  nor  his  or- 
 dinary title,  and  much  lefs  his  temporal  feli- 
 city ;  I  mean,  therefore,  fuch  a  beatitude  as 
 St.  Peter  enjoy 'd,  when  Jefus  Chrift  faid  to 
 him,  bleffedart  thou  Simon,  fon  of  Jonas  ;  for,  be- 
 ing predeftinated  to  glory,  he  wasaflur'd  of  re- 
 covering himfelf  from  his  lapfes  by  repentance. 
 But  I  can  hardly  think  the  Pope  is  (o  absolutely 
 confirm'd  in  grace  as  the  Angels  were  after  the 
 fall  of  Lucifer,  and  St.  Paul  after  his  conver- 
 sion j  for  if  the  Popes  had  this  precious  privi- 
 
 E  4  lege 
 
^6     T7#  Rights  of  Sovereigns. 
 
 lege,  Pope  *Marcellin  would  not  have  facrificd 
 to  idols  for  fear  of  death.  'Tis  true,  he  own'd 
 his  crime,  confefs'd  his  guilt,  and  intreated  the 
 Council  to  inflitì  fuch  punifliment  on  him  as 
 he  deferv'd  ;  upon  which  the  Council  only  put 
 it  home  to  his  own  confcience,  and  he  became 
 fo  good  a  penitent,  that  he  afterwards  obtain'd 
 the  crown  of  martyrdom.  His  fantìity  was 
 the  fruit  of  his  repentance,  not  the  fign  of  his 
 innocence.  Now,  if  a  Pope  may  err  fo  far  as 
 to  fall  into  idolatry,  his  pretended  infallibility 
 cannot  be  made  an  article  of  faith,  and  I  don't 
 
 believe 
 
 *  Marceilinus,  the  30th  bifhop  of  Rome,  including  St.  Fe- 
 ter,  fucceeded  Caius,  at  a  time  when  the  Church  began  to  reft 
 from  perfecution  ;  but  the  emperor  Dieclefian  being  a£ted  by 
 the  perfecting  fpirit  of  his  predecefTbrs,  Marceilinus,  for 
 fear  of  being  put  to  death,  did  notfcrupleto  offer  facrifice  to 
 Jupiter*  Hercules  and  faturn,  in  the  temple  of  Vejla.  Some 
 time  after  his  fhameful  apoìfacy,  a  great  number  of  priefts 
 and  believers  alTembling  at  Sinuejfa,  near  Rome,  Marceilinus 
 was  call'd  to  an  account  for  his  conduct,  when  he  own'd  his 
 fault,  and  denYd  punifhment  ;  upon  which,  'tis  faid  the  mem- 
 bers of  that  aifembly  anfwer'd,  primi  fede s  a  nemine  judicatur  ; 
 tu  reus,  tu  judex  ;  ex  ore  tuo  jujìificaberis,  ex  ere  tuo  condem- 
 naberis,  i.  e.*  no  body  judges  the  chief  See  ;  thou  art  both 
 criminal  and  judge  ;  out  of  thy  own  mouth  thou  fhalt  be  ju- 
 {iify'd,  out  of  thy  own  mouth  fhalt  thou  be  condemn'd.  'Tis 
 added,  that  the  fcandal  of  his  a£Kon  touched  him  fo  to  the 
 quick,  that  he  went  before  the  judges,  boldly  confefs'd  Jefus 
 Chrift  in  their  prefence,  and  wafhei  his  guilt  in  his  own  blood, 
 by  filtering  martyrdom  at  the  end  of  the  Srh  year  of  his  pon- 
 tificate. Some  authors,  great  (ticklers  for  the  Pope's  infallibi- 
 lity, treit  this  hiftory  as  fabulous  ;  but  tradition  has  preferv'd 
 it  fo  careFulIvMn  the  office  of  the  Church,  that  it  cannot  be 
 qusftioa'd,  without  gir» fig  the  lie  to  an  infinite  number  oT 
 Faub  receiv'd  on  the  fame  authority. 
 
 / 
 
The  Rights  of  Sovereigns.      57 
 
 believe  the  champions  of  the  court  of  Rome 
 can  be  fo  fenfelefs  as  to  require  it.  Indeed, 
 when  one  puts  the  queftion  to  them,  whether 
 the  Pope  is  liable  to  err  or  not  ?  They  fay,  er- 
 ror in  opinion  muft  be  diftinguifli'd  from  error 
 in  pradice  ;  that  as  to  pradice,  the  Pope  is  no 
 more  than  other  frail  men  ;  and  may  therefore 
 be  either  faved  or  damned  ;  but  that  as  to  opi- 
 nion in  matters  relating  to  the  government  of 
 the  Church,  he  is  infallible  by  virtue  of  the 
 dignity  granted  by  Jejus  Chrift  to  Peter,  and 
 in  his  Perfon  to  all  his  fuccefTors.  But  to  this 
 it  may  be  anfwer'd,  that  all  the  adions  of  men, 
 whether  good  or  bad,  have  one  and  the  fame 
 juft  or  unjuft  intention  for  their  principle  j  be- 
 fides,  man  commits  no  crimes,  how  enormous 
 foever,  but  with  hopes  qf  finding  his  account 
 in  them.  With  this  view  the  revengeful  per- 
 fon fatisfies  his  revenge,  the  covetous  perfon 
 heaps  up  wealth  ;  and  fo  of  others,  fallimur  ra- 
 tione  boni.  From  hence  it  may  be  concluded, 
 that  whofoever  is  capable  of  finning,  is  capa- 
 ble of  having  an  evil  thought  ;  for  the  will 
 being  blind,  fubmits  tamely  to  the  didates  of 
 the  heart.  St.  Auguftin  fays,  beatitudini*,  caufa 
 faciunt  omnes  homines  quidquid  boni  vel  mali  fa- 
 ctum. But  we  will  refer  the  examination  of 
 this  infallibility  to  the  Xllth  Chapter,  and  will 
 own  it  with  the  above  diftindion,  tho'  there 
 are  many  who  pretend  it  died  with  St.  Peter, 
 and  that  it  was  a  perfonal  privilege,  in  no 
 wife  attached  to  his  dignity  $  but  as  I  fa  id  be- 
 fore, 
 
5  8     ^Tìoe  Rights  of  Sovereigns. 
 
 fore,  I  chnfe  rather  to  be  Javifh  in  my  obe- 
 dience, than  to  rob  the  Pope  of  that  juft  duty 
 and  refped  we  are  obliged  to  pay  him. 
 
 It  follows  from  what  has  been  already  faid, 
 that  the  fentences  of  all  judges  whatfoever 
 are  fubjeft  to  appeals  ;  that  excommunication 
 is  a  fentencethe  moft  liable  to  it  perhaps  of  all 
 others,  for  want  of  the  proofs  requifite  to  efta- 
 blilli  the  juftice  of  it.  The  bare  appearance 
 of  proof  is  fufficient  to  vindicate  the  equity  of 
 other  fentences,  whereas  excommunication 
 ought  to  be  founded  on  a  certain  knowledge 
 of  the  perfon's  criminal  intention  ;  which  is  a 
 circumftance  that  can  be  known  only  to  God. 
 It  follows  alfo  from  the  premiffes,  that  the 
 Pope  is  not  infallible  in  all  things,  one  Pope 
 having  been  guilty  of  Idolatry  ;  and  that  an 
 appeal  entirely  fufpends  the  effetìs  of  a  fen- 
 tence,  till  definitive  judgment  is  pafs'd  upon 
 the  caufe  ;  fo  that  an  excommunicated  perfon 
 who  appeals,  is,  during  that  interval,  no  ways 
 affe&ed  by  the  excommunication.  As  to  the 
 court  of  Home's  refufal  to  admit  of  an  appeal, 
 becaufe  the  Pope,  by  whom  fentence  is  pro- 
 nounc'd,  has  no  fuperior  that  can  amend  his 
 judgment  :  I  anfwer,  that's  only  a  reafon  of 
 ftate,  didated  by  felf-intereft,  which  rather 
 than  admit  of  a  fuperiority  in  any  other,  would 
 oblige  the  pretended  criminal  to  acquiefce  in 
 the  firft  fentence,  tho'  it  were  pronounc'd  by 
 the  judge  in  caufa  propria  ;  but  this  fingle  cir- 
 awftftance  is  fufficient  warrant  for  an  appeal  ; 
 
 and 
 
*The  Rights  of  Sovereigns.     59 
 
 and  I  fain  would  know  of  thofe  gentlemen, 
 whether  every  prince,  whofe  authority  is  in- 
 dependent, ought  to  acknowledge  a  fupenor 
 in  temporals.  If  they  anfwer  in  the  affirma- 
 tive, who  does  not  fee  that  it  deftroys  the  fup- 
 pofition  of  fuch  princes  being  free,  indepen- 
 dent, and  not  feudatory  ?  If  they  fay  no,  then 
 fuch  prince  ought  not  to  fuffer  an  appeal  when 
 any  of  his  fub"je<fts  put  in  a  plea  againft  him  on 
 account  of  taxes,  damages,  or  freehold  ;  yet 
 we  fee  free  princes  every  day,  whether  kings 
 or  emperors,  permitting  their  fubjeds  to  bring 
 their  caufes  into  the  court  of  exchequer,  not 
 only  in  the  flrft  inftance,  but  alfo  in  the  nature 
 of  an  appeal  ;  and  if  the  ordinary  judge  of 
 appeals  be  not  in  the  way,  they  name  one 
 ad  hominem^  to  the  end  that  the  perfon,  who 
 thinks  himfelf  injur'd,may  have  an  opportunity 
 to  offer  all  his  reafons  againft  the  demands  of 
 the  attornies  of  the  exchequer  court.  Now 
 does  this  permiflion  in  any  wife  diminifh  the 
 prince's  fuperior  authority  ?  does  it  injure  his 
 honour?  Or  rather  on  the  contrary,  does  he 
 not  difplay  his  equity,  in  ftooping  fo  low  to 
 his  fubjetì,  as  to  give  him  the  liberty  of  plead- 
 ing boldly  againft  himfelf?  therefore  the  zea- 
 lots for  the  court  of  Rome  muft  acknowledge, 
 that  the  Pope  wrould  not  lofe  an  ace  of  his  fu- 
 periority,  but  rather  manifeft  his  honefty,  by 
 admitting  of  appeals,  and  appointing  certain 
 judges  to  examine  the  equity  of  his  fentences  ; 
 Whereas  by  refufing  appeals,  it  would  feem 
 
 thas 
 
6o     The  Rights  of  Sovereigns. 
 
 that  he  is  afraid  to  ftand  the  teft  of  them,  left 
 they  fliould  difcover  the  injuftice  of  his  con- 
 duct, or  elfe  rob  him  of  his  pretended  prero- 
 gatives. But  we  will  now  proceed  to  another 
 article. 
 
 char  iv: 
 
 Whether  a  Council,   or  the  Pope,   is 
 
 [up 
 
 erwr 
 
 FO  R  the  clearer  underftanding  of  this 
 queftion,  'tis  neceffary  firft  of  all  to 
 define  what  a  Council  is  ;  for  when  the  ef- 
 fence  of  a  thing  is  known,  'tis  eafy  to  difco- 
 ver its  real  virtue.  There  are  three  forts  of 
 Councils,  i.  Diocefan  ;  which  is  compos'd  of 
 a  bifliop  and  his  clergy.  2.  Provincial,  con- 
 fiding of  a  metropolitan,  archbifhop,  primate 
 or  patriarch,  and  his  Suffragans.  3,  General, 
 where  the  Pope  appears  in  his  own  perfon,  or 
 by  his  legates,  and  all  the  archbifliops,  bifliops, 
 primates  and  patriarchs  of  chriftendom,  be- 
 sides all  the  prelates,  who  by  privilege  or  cu- 
 ftom  have  a  vote  in  general  Councils  ;  for  the 
 bifhops  are  allow'd  their  votes  by  law,  the  rer 
 gular  abbats  by  cuftom,  and  the  generals  of 
 the  orders  by  privilege.  To  thefe  three  fome 
 add  a  national  Council  ;  but  this  is  not  men- 
 
 tion'd 
 
The  Rights  of  Sovereigns.     61 
 
 tiond  in  the  lift  of  legal  Councils  ;  becaufe^ 
 were  they  to  be  admitted,  a  king,  or  other  fe- 
 cular  prince,  might  aflemble  them  at  pleafure, 
 *  which  would  involve  him  in  the  fcandal  of  a 
 fchifmatic.  Neverthelefs,  if  the  Pope  fliould 
 permit  a  nation  to  affemble  in  Council,  this 
 afTembly  would  be  legal,  as  well  as  whatever 
 it  fhould  decide  j  but  then  fuch  Council,  and 
 the  canons  which  it  might  decree,  would  be 
 only  calculated  for  the  faid  nation,  and  not  for 
 the  reft  of  chriftendom.  To  leave  this  long 
 digreflion,  and  return  to  our  fub jeófc  :  I  fay  then, 
 that  a  Diocefan  Council,  or  Synod,  may  be  fum- 
 
 mon'd 
 
 *  Father  Vaul  here  falls  in  with  the  opinion  of  the  court  of 
 Rome,  that  the  Pope  alone  has  a  right  of  calling  Councils, 
 and  feems  to  have  forgot  that  this  pretended  right  is  a  mani- 
 feft  ufurpation,  which  has  been  a  long  while  contefted  with 
 the  Popes  by  the  emperors,  who  have  the  fole  right  of  call- 
 ing thofe  facred  afTemblies  ;  witnefs  the  firft  Councils,  which, 
 by  the  confeflion  of  all  faithful  hiftorians,  were  fummon'd  by 
 circular  letters  from  the  emperors.  But  they  did  not  prefide 
 therein  any  more  than  the  Pope,  who  had  his  feat  in  common 
 with  the  other  prelates  ;  the  holy  gofpels  being  placed  upon 
 a  throne,  to  reprefent  the  Holy  Ghoft,  the  head  of  the  church. 
 In  after  times,  the  emperors  had  fo  much  authority  in  the 
 Councils,  that  they  not  only  called  them  without  the  Pope's 
 advice,  and  fent  circular  letters  to  the  bifhops,  Signifying 
 what  routs  they  fhould  take,  and  whfcre  they  fhould  find  car- 
 riages and  provisions  at  the  emperor's  charge,  Eufeb.  hift. 
 lib.  io.  cap.  5.  but  alfo  took  cognizance  of  the  things  tranf- 
 a£ted  there,  prefcribed  fuch  and  fuch  points  for  their  deci- 
 fion,  and  reprimanded  the  Councils,  tho'  the  bifhop  of  Rome 
 was  prefent,  when  they  found  them  fill  into  the  leift  caball- 
 ing or  diforder,  SocrxUs,  lib.  2.  cap.  39  &  40.  Idem,  lib.  4. 
 cap.  34.  Befides,  in  thofe  early  Councils  every  thing  was  re- 
 folved  upon,  not  in  the  name  of  the  Pope,  nor  of  the  empe- 
 ror, bit  in  the  name  of  the  facred  afTembly. 
 
6l     *Ihe  Rights  of  Sovereigns. 
 
 mon'd  by  the  bifliop,  and  alio  that  he  is  ob- 
 lig'd  to  afTemble  one  every  two  Years,  to 
 remedy  finali  abufes  that  may  creep  in  among 
 his  Diocefam  j  I  fay  [mall  abufes  ;  for  if  they 
 be  of  fome  importance,  he  would  be  oblig'd 
 to  have  recotirfe  to  the  metropolitan,  who  in 
 this  cafe  ought  to  affèmble  a  provincial  Coun- 
 cil for  remedy  of  fuch  abufes ,-  but  in  cafes  of 
 the  utmoft  importance,  recourfe  muft  be  had 
 to  the  Pope  himfelf.  A  provincial  fynod  may 
 be  fummon'd  by  the  metropolitan,  archbifhop, 
 primate  or  patriarch  ;  but  its  decrees  are  only 
 intended  for  their  refpetìive  provinces.  In- 
 deed, in  cafes  where  leverai  provinces  have 
 been  concern'd,  the  feveral  metropolitans  of 
 fuch  provinces  have  heretofore  united  towards 
 forming  a  Council  ;  but  this  is  now  difufed^ 
 recourfe  being  had,  in  fuch  cafes,  dire&ly  to 
 the  holy  See*  Notwithftanding,  as  many  me- 
 tropolitans as  pleas'd  might  lawfully  hold  a 
 Council  at  this  day,  and  their  decrees  would 
 be  binding  to  the  refpetìive  provinces  for  which 
 they  are  concern'd. 
 
 An  affembly  of  this  kind  might  well  pafs 
 for  a  national  Council,  when  all  the  metropo- 
 litans of  a  nation  are  met  together.  But  as 
 this  would  be  impoffible,  except  for  an  affair 
 of  the  laft  importance,  fo  the  Pope's  decifion 
 would  be  absolutely  necefliry.  Befides,  for 
 as  much  as  fuch  an  affembly  could  not  be  held 
 without  the  prince's  confent,  it  would  feent 
 to  carry  in  it  a  contempt  of  all  recourfe  W  the? 
 
 Ptfpe^ 
 
The  Rights  of  Sovereigns.     6$ 
 
 Pope,  and  be  attended  with  the  imputation  of 
 fchifm. 
 
 It  muft  likewife  be  noted,  that  all  the  infe- 
 rior Councils,  as  the  court  oiRovie  calls  them, 
 are  only  capable  of  remedying  thofe  diforders 
 which  are  committed  againft  pofitive  law,  and 
 that  when  difputes  arife  concerning  matters 
 of  faith,  or  divine  right,  there  is  an  abfolute 
 neceflky  of  recurring  to  a  univerfal  Council,  or 
 elfe  demanding  a  decree  from  the  Pope.  The 
 reafon  is  plain,  becaufe  it  may  happen  that  in 
 matters  of  Church  difcipline  one  province  may 
 fpy  a  fault  in  another,  and  concur  with  it  for  a 
 remedy;  but  as  to  opinions  and  articles  of 
 faith,  all  catholics  ought  to  have  the  fame  be- 
 lief, and  to  affent  to  the  truth  of  whatfoever 
 is  propos'd  to  them  with  that  charatìer. 
 
 Therefore  a  general  Council,  aflfembled  by 
 the  Pope's  authority,  is  the  fame  thing  with 
 refpetì:  to  the  whole  chriftian  world,  as  the 
 States  General  to  the  United  Provinces,  the 
 parliament  to  England,  the  cortes  to  Spain,  the 
 diet  of  the  empire  to  Germany,  and  the  gene- 
 ral diet  to  Poland-,  in  a  word,  'tis  the  very 
 quintefcence  of  chriftianity  ;  fo  that  whatever 
 is  determin'd  in  fuch  an  affembly  may  be  re- 
 garded as  the  fenfe  of  the  univerfal  Church. 
 Thè  Pope  fummons  this  affembly,  not  only  be- 
 caufe he  is  the  firft  in  dignity  and  authority  in 
 the  chriftian  republic,  but  alio  to  the  end  that 
 it  may  not  be  iummon'd  without  due  exami- 
 pation  of  the  caufes  for  which  it  is  delir'd,  it 
 
 being 
 
6\     The  Rights  of  Sovereigns. 
 
 being  not  reafonable  that  paflors  fliould  leave 
 their  flocks  for  trifling  matters,  or  only  for  pri- 
 vate viewSj  which  would  never  want  the  fpe- 
 cious  name  of  the  public  good,  if  every  one 
 was  at  liberty  to  call  a  Council.  Be  this  ever 
 fo  true,  'tis  no  lefs  certain,  that  when  'tis  ne- 
 ceffary  for  the  good  of  the  Church  to  affemble 
 a  Council,  and  the  Pope  negle&s  to  do  it,  or 
 refufes  it,  if  requir'd,  the  cardinals  may  law- 
 fully call  one,  as  they  have  pretended  to  do  at 
 other  times.  And  where  they  are  wanting  in 
 this  point,  the  bifliops  have  the  fame  right, 
 being  equally  concern'd  to  watch  over  the 
 Lord's  heritage  ;  and  finally,  if  the  Pope, 
 cardinals  and  bifhops  are  all  afleep,  it  is  the 
 bufinefs  of  the  *  fecular  princes  to  call  one, 
 °viz.  the  emperors,  as  advocates  of  the  Church, 
 and  kings  and  iovereign  princes,  as  they  are 
 diftinguifli'd  members  of  the  body  of  the 
 Church,  and  conftituted  by  God's  grace,  as 
 well  as  the  prelates  and  Popes,  to  take  care  of 
 Chriffs  flock.  Therefore  we  find  in  the  cata- 
 logue 
 
 *  Father  Paul  continues  in  his  ultramontane  prejudices, 
 fince  it  appears  even  by  the  infcription  of  the  Council  of 
 Sirmhiniy  which  he  quotes  a  little  after,  that  the  emperor 
 alone  order'd  the  afTembly  ;  and  if  he  had  but  vouchfafed  to 
 read  the  infcription  of  former  Councils,  he  would  have  there 
 found  the  fame  thing.  .  In  fine,  the  hiftory  of  France  would 
 have  furnifh'd  him  with  instances  of  feveral  national  Coun- 
 cils afìembled  by  the  authority  of  her  kings,  who  for  all  that? 
 were  never  reckoned  heretics,  Greg,  de  Tours  hifi.  Hincmar Coti- 
 ca. Tall.  Therefore  he  fhould  have  faid,  that  things  are  as 
 he  iiys  they  .ire  now,  not  thro*  any  right  of  the  cauri  oÌ 
 P.Os.'ìc.  bur  thro'  cuftom,  eftabHfh'd  by  its  afurpations* 
 
The  Rights  of  Sovereigns.      6$ 
 
 logue  of  orthodox  Councils,  Anno  Domini 
 352,  fuit  concilium  Sardinenfe ,  a  Sardignd 
 ditiuin^  congf •  e  tantum  'fracefto  Conft'antini  impe* 
 rotori?  pro  Atanaflo.  And  again,  A*  D.  553, 
 fuit  Stmienfe  fub  Juko  Papa  cr  Lontanano  im- 
 peratore^ quod  fàulo  pofl  LofiftantinUì  in  Firmio 
 jujjit  còngr  gerì.  Viri  fràtres  regular  fradide- 
 rtini  fidei  ùrtodùxa  contra  Ariwtu  And  after- 
 wards, A.D.  650,  fuit  Tclctanum  Honutri  pro- 
 vincial^ Imperatore  (j  Papa  jubentifrm,  quod  a 
 correzione  prucfatcrwn  eft  incheanda  fynòaus3  (? 
 ab  eifdcm  tertia  pars  danda  eft  ecchfiis. 
 
 I  faid  above,  that  a  national  Council,  cai  I'd 
 by  the  authority  òf  a- prince,  might  bereckon'd 
 fchifmatical,  whereas  here  I  aver  that  a  fe- 
 cular  prince  has  a  right  to  call  a  Council  in 
 certain  cafes.  Whatever  this  may  feem,  yet 
 'tis  no  contradi&ion  ;  for  a  national  Council 
 may  be  liable  to  that  fufpicion  which  a  gene- 
 ral Council  cannot,  to  the  fummoning  whereof 
 all  chriftian  princes  concur  3  now  fiich  a  Council 
 being  fummon'd  by  the  concurrence  of  all  chri- 
 ftian princes,  and  pairing  for  the  univerfal  body 
 of  chriftendom,  it  could  not'  be  chargeable  witli 
 fchifm.  I  was  very  willing  to  be  the  more  ex- 
 plicit upon  this  head,  that  critics  might  have 
 no  manner  of  handle  to  cenfure  my  propo- 
 fitions. 
 
 Therefore  the  champions  of  the  court  of 
 ìtoìhe  are  bafely  miftaken,  when  they  infer,- 
 from  the  Pope's  having  a  tight  to  call  a  Coun- 
 cil, that  he  is  confequently  Fuperior  Co  a  Couri- 
 
 F  cil: 
 
66     The  Rights  of  Sovereigns. 
 
 cil  ;  for  when  a  Council  is  called  by  any  other, 
 he  who  calls  it  may  challenge  the  fame  fupe- 
 riority, which  furely  they  would  not  be  will- 
 ing to  acknowledge  in  any  princes,  nor  even 
 in  any  prelate  ;  confequently  the  right  of  calling 
 thofe  affemblies  is  no  mark  of  fuperiority.  The 
 Council  oiChalcedon  declares,that  every  Coun- 
 cil held  without  the  concurrence  of  the  Pope's 
 legates  is  invalid  ;  which  I  think  a  reafonable 
 decree,  becaufe  a  Council  ought  not  to  be 
 held  without  the  Pope's  confent  ;  yet  this 
 does  not  conclude  any  thing  for  the  Pope's 
 fuperiority  ;  for,  does  it  follow  from  the  necef- 
 fary  intervention  of  fuch  and  fuch  perfons  in  a 
 fenate,  that  thofe  perfons  are  fuperior  to  the 
 faid  fenate  ?  On  the  contrary ,that  canon  ofChal- 
 cedon  formally  eftablifhes  the  fuperiority  of  a 
 Council,becaufe  itfelf  declares  the  reafons  that 
 are  capable  of  rendring  it  invalid  ;  for  other- 
 wife,  if  the  Pope  fìiould  think  fit  to  renew  a 
 Council  by  reafon  of  his  legates  not  being 
 prefent  in  it,  there  had  been  no  need  of  that 
 decree,  and  a  bull  from  the  Pope  would  have 
 been  fufficient  to  declare  fuch  Council  null  and 
 void.  We  likewife  read  of  feveral  provin- 
 cial Councils,  which  having  been  confirm'd 
 by  the  Pope,  their  canons  and  decrees  have 
 thereby  acquired  the  fame  virtue  as  if  they 
 had  been  deciiions  of  the  holy  See  ;  but  this 
 is  no  better  argument  than  the  former  for  the 
 fuperiority  of  the  Pope  over  an  univerfal 
 Council,  becaufe  a  provincial  Council  is  as 
 
 much 
 
The  Rights  of  Sovereigns.     6y 
 
 much  inferior  to  a  general  one,  as  a  province 
 to  the  whole  world.  We  might  alio  men- 
 tion the  Council  of  Trent,  whicn  wjs  general^ 
 and  confirm'd  by  the  Pope.  Now  it  muft  be 
 obferv'd  that  thefe  confirmations  are  of  twd 
 forts.  One,  which  may  be  caii'd  confirmation 
 in  the  proper  fenfe  of  the  word,  and  without 
 which,  all  eftablifhments  are  of  no  validity  ; 
 but  this  was  not  that  fort  of  confirmation 
 which  the  Pope  gave  to  the  Council  of  Trenti 
 as  we  fhall  fhew  hereafter.  The  other  fort 
 may  be  call'd  an  atteftation,  or  a  declaration 
 of  the  reality  of  any  decree,  that  it  was  thus 
 deliver'd  in  writing,  and  thus  determind  in 
 Council.  This  was  that  confirmation  which 
 the  Pope  gave  to  the  Council  of  Trent  \  but 
 from  hence  there  is  no  more  room  to  infer  thd 
 Pope's  fuperiority  over  a  Council,  than  to  fayj 
 fuch  or  fuch  a  biihop,  or  other  ordinary,  is  fu- 
 perior  to  the  Pope,  becaufe  a  bull  granted  by 
 his  holinefs  was  attefled  or  fubferibed  by  that 
 bifhop  or  ordinary.  Will  any  body  fay  that 
 the  bifhop's  name  at  the  bottom  is  a  confirma- 
 tion of  the  Pope's  bull  ?  Does  it  amount  td 
 any  thing  more,  at  befi  ,  than  an  atteJ 
 tionto  remove  all  doubts  of  its  being  authen- 
 tic ?  But  to  make  this  matter  Mill  plainer,  the 
 Council  of  Trent,  in  the  fourth  Sefnon,  regu- 
 lated the  canon  of  the  books  in  the  Old  and 
 New  Teftament.  Dare  any  be  fo  bold  as  te' 
 fay  the  Council  thereby  confirm'd  the  gofpel  ? 
 
 JF  %  Methink* 
 
6  8      The  Rights  of  Sovereigns* 
 
 Methinks  I  hear  fome  warm  ftickler  for 
 the  court  of  Rome  running  down  my  diftinc- 
 tion,  and  demanding,  with  an  air  of  confi- 
 dence, why  is  all  this  wafte  of  words  thrown 
 away  to  prove  what  fort  of  confirmation  the 
 Pope  gave  to  the  Council  of  Trent,  when  the 
 thing  ts  fo  exprefly  demonftrated  in  the  hiftory 
 of  that  Council  ?  Well  then,  let  us  turn  to 
 the  decree  of  that  Council,  which  aótually  en- 
 jo  ins  the  legates  to  demand  confirmation  of 
 their  decrees  and  decifions  in  thefe  terms  : 
 *  Illuftrijjimi  Domini  ac  RcverendiJJimi  Patresx 
 ylacetne  *vobis  ad  laudem  Dei  omnipoteivis ,  ut 
 buie  (aera  fynodo  finis  imponatur9  (j  omnium  & 
 (ingtdorum,  qua  tarn  fuh  falic.  record.  Paido  III. 
 &  Julio  11L  quam  fub  fanciijjìmo  noftro  Pio  IV. 
 Romanis  pontificibus,  in  ea  decreta  &  definita 
 funi,  confi?  ?n  at  in,  nomine  Janffa  hups  I y nodi 
 per  apoftolka  jedis  legal  os  &  prafidentes,  a  beatif- 
 fimo  Romano  pontifice  petatur  ?  Refponderunt, 
 placet. 
 
 The  cardinals  Moron  and  Simoneite  demand- 
 ed the  fame  confirmation  in  the  terms  follow- 
 ing: BtàtiJJìme  pater,  in  decreto  fuper  fine  Con- 
 cila (ecumènici  Tridentini,  pridie  nonas  Decem- 
 bris  prat  eriti  publicato,  flatutumfuit^ut  per  fanc- 
 
 titatis 
 
 *  This  ceremony  was  obferv'J  at  the  cl  >fe  of  the  25th  and 
 I  >fl  Seflion  of  the  Council.  See  "The  Wffcry  of  the  Council  of 
 Trent,  by  our  Author  Father  Paul.  And  what  is  there  foid  of 
 this  pretended  confirmation  from  page  7S8,  to  the  end,  or  the 
 third  edition  in  quarto. 
 
The  Rights  of  Sovereigns.     69 
 
 titatis  nceftra  kgatos  peteretur  nomine  ditii  Con- 
 diti a  fanciitate  vejfra  confirmatio  omnium  (j 
 fihgulorwn  in  eo  definitorum,  Qjtapropter  nos 
 cardinale^  volente*  ex?qui,  humiliter  petittius  no- 
 viine  ditti  Condili  a  fanttitate  ve  fir  a  confi)  - 
 mationem  omnium  (j  fingulomm  in  ipfo  definito- 
 rutti  »,  fihtibus  audit is ,  pet  it  ioni  ve fir <e,  nomine 
 Concilii,  confientìentes,  quj  definita  [tint  de  car- 
 dinalium  confido,  (j  ajjenfu,  autoritate  apoflclica 
 cohfirmamus.  And  in  the  bull  :  Cum  autem  ipfia 
 fiatiti  a  fynodix,  fro  fina  erga  fedem  apofiolicam 
 reverenda,  antiquorum  Cone ilior urn  vejligiis inht- 
 ■  rtns,  decretorum  fuorum  omnium  cot'firmationem 
 a  nobis  petierit,  nos  (j  omnia  confirm amus,  Qr. 
 I  doubt  not  but  when  thofe  two  cardinals 
 returned  to  Rome,  they  chofe  to  exprefs  them- 
 felves  in  this  manner,  on  purpofe  to  tickle  the 
 vanity  of  that  court  ;  and  1  own,  had  I  been 
 in  their  place,  I  fhould  have  done  the  lame, 
 Otherwife  I  am  perfuaded  the  printer  would 
 not  have  been  '  differ 'd  to  publifii  my  fpeech, 
 which  could  not  be  fincere  without  being  dif- 
 agreeable.The  terms  of  the  bull  of  confirma- 
 tion cannot  be  drawn  into  a  precedent,  .fince  it 
 cannot  be  denied  that  thofe  who  dictated  it 
 were  both  judges  and  party  5  for  which  there 
 need  no  other  proofs  than  the  words  antiquo- 
 rum  Concilicrum  vefiigiis  inh<crens.  Indeed  the 
 term  generalium  is  not  added,  which  is  the 
 point  in  difpute  •  for  as  to  provincial  Councils, 
 I  have  already  fhevvn  they  are  out  of  the  que- 
 ft  ion  ;  and  I  am  furpriz'd  that  a  court,  which 
 
 F  3  ins 
 
Jo     tffje  Rights  of  Sovereigns. 
 
 has  fo  many  fagacious  minifters  that  thorough- 
 ly ttnderftand  its  interefts,  fhould  be  guilty  of 
 fuch  a  grofs  oniiiTion  as  the  word  generalium. 
 But  'tis  a  proof  that  they  thought  they  had  not 
 good  grounds  to  life  it  ;  for  I  am  perfuaded  if 
 they  had,  they  would  never  have  forgot  it. 
 
 The  court  of  Rome  thinks  the  Pope's  fupeT 
 riority  authoriz'd  in  a  fpecial  manner  by.  the 
 terms  of  the  faid  decree  of  Council  ;  but  to 
 tón£ùt£  this,  one  need  only  reflect  upon  the 
 nianner  how  the  laid  decree  was  formed.  To 
 this  end  it  mull  be  remembered  that  all  the 
 prelates  being  quite  tired  out  with  the  long 
 duration  of  that  Council,  with  the  expence 
 they  were  there  obliged  to,  and  with  the  lofs 
 of  io  much  time,  without  improving  it  to  the 
 advantage  of  chriftendom  in  genera),  all  their 
 decrees  being  formed  after  the  model  of  the 
 Uiaxims  of  Rome ,  they  watch'd  with  impa- 
 tience for  the  moment  of  their  feparation,  that 
 they  might  return  home  and  reft  from  their  far 
 tigues.  In  fiiort,  the  whole  world  waited  to 
 fee  an  end  put  to  this  Council,  and  even  the 
 princes,  who  were  not  there  in  perfon,  long'd 
 is  heartily  for  their  feparation,  as  they  did  at 
 .fir  ft  for  their  meeting.     The  emperor  himfelf, 
 
 o  preffed  more  than  any  body  for  their  af- 
 ipfhbling,  that  he  might  have  the  means  to 
 ciuih  thofe  heretics  who  began  to  grow  formi- 
 dable in  his  dominions,  or  at  leaft  to  oblige 
 fheni  to:  be  filent,  tiil  the  controverted  points 
 were  decided,  finding  by  fad  experience,  that 
 
 what 
 
The  Rights  of  Sovereigns.     7 l 
 
 what  would  have  been  a  healing  remedy  at 
 other  times,  did  only  inflame  the  wound, 
 heartily  confented  to  their  feparation.  Mean 
 time,  if  the  princes  had  not  thus  defir'd  it,  the 
 Pope  would  never  have  put  an  end  to  this 
 Council,  tho'  'tis  very  certain  he  fecretjy  wifh'd 
 for  it  more  than  any  body,  to  free  himielf  from 
 the  greateft  danger,  to  which  the  papal  autho- 
 rity had  been  expos'd  for  many  ages  :  And  Za- 
 cbary  Delfino,  a  Venetian  nobleman,  who  was  his 
 nuncio  at  Vienna,  obtained  a  cardinal's  cap  for 
 perfuading  the  emperor  Ferdinand  to  confent 
 to  its  diffolution.  Now  the  Council  was  dif- 
 folv'd^  and  declar'd  at  an  end  by  the  following 
 propofition  to  the  fathers,  placctne  vobis  ut  buie 
 (aera  fynodo  finis  imponatur  ?  And  without 
 flaying  for  an  anfwer  to  that,  they  added  in  the 
 fame  breath,  &  petatur  confirmatio  omnium, ^yc. 
 To  which  the  fathers  anfwer'd,  placet.  When 
 one  con/Iders  the  difpofition  the  fathers  were 
 then  in,  as  has  been  before  remark'd,  who  can 
 doubt  but  this  word  placet  was  pronoune'd  fo 
 quickly,  only  becaufe  it  was  the  word  intend- 
 ed to  put  an  end  to  that  tedious  Council,  and 
 that  the  fathers  gave  little  or  no  regard  to  the 
 confirmation  which  they  were  required  to  in- 
 treat  of  the  holy  father  ?  Nor  can  it  be  doubt- 
 ed that  thefe  two  propofitions  were  clofely 
 coupled  together,  artfully  to  eftablifh  the  de- 
 pendency of  the  Council,  and  the  fuperiority 
 of  the  holy  See  ?  But  who  does  not  perceive 
 that  in  a  matter  of  fuch  importance  as  the  eft  j- 
 F  4  blifhing 
 
J I      The  Rights  of  Sovereigns, 
 
 blifliing  the  Pope's  authority  by  the  decifiqn 
 of  a  Council,  it  was  neccflàry,  without  delay- 
 ing, or  confounding  it  with  the  Council's  Lift 
 words,  to  make  a  fpecial  decree  for  that  pur- 
 pofe,  after  mature  deliberation  ?  But  it  was 
 piuch  to  be  queftion'd  whether  they  would 
 have  had  the  defiYd  Succefs,  (q  that  the  fliort- 
 eft  way  was  to  have  recourfe  to  artifice  ->  but 
 an  artifice  io  grofs  and  flaring,  as  {hews  it 
 to  be  wilful  negleci.  Having  faid  enough  on 
 fhis  head,  we  proceed  to  ex.imii.e  tie  validity 
 pf  this  confirmation. 
 
 A  general  Council  being,  as  I  have  already 
 faid,  an  affembly  of  all  chriftendom,  does 
 not  exclude  the  fecular  princes,  who  are  many 
 times  prefentj  not  indeed  to  vote  in  articles  of 
 faith,which  are  things  pot  within  the  jurifdiflion 
 pf  the  fecular  power  •  .but  to  give  the  Council 
 their  protection  and  advice.  And  at  this  day, 
 when  their  interefts  will  not  permit  them  to  be 
 abfent  from  their  dominions,  they  fend  their 
 embafIàdors5  and  the  Pope  does  not  forget  in 
 the  bull  of  convocation  to  invite  and  exhort 
 them  to  go  thither  iq  perfori.  The  Popes  them- 
 felves  have  many  times  been  perfonally  prefent 
 in  Council,  and  now  they  fend  their  legates  ; 
 fp  that  the  prefence  of  the  Popes,  either  im- 
 mediately in  their  own  perfori  s,  or  mediately 
 t>y  their  fubftitutes  and  vicegerents,  or  repre- 
 sentatives, is  neceflàry  to  render  the  Council 
 valid,  according  to  the  afore-cited  decree  of 
 that  Ox  Chakcdon^  which  declares  every  Coun7 
 
The  Rights  of  Sovereigns.      J$ 
 
 cil  null  that  is  pretended  to  be  general,  with- 
 out the  prefence  of  the  Pope's  legates.  Then 
 what  a  vain,  whimfical  piece  of  formality  is 
 it,  to  defire  of  the  Pope  at  Ro?ne,  the  confir- 
 mation of  what  has  been  decreed  by  himfelf, 
 or  with  his  own  concurrence,  at  Trent  ?  Is  it 
 not  plain,  that  if  the  decrees  made  at  iff»?, 
 with  his  approbation  and  advice,  tho'  abfent, 
 were  good,  juft,  agreeable  to  fcripture  and 
 tradition,  it  were  needlefs  to  revife  them  at 
 Rome,  and  that  this  was  done  with  a  view  on- 
 ly to  raife  the  Pope's  fuperiority,  and  not  to 
 examine  or  confirm  any  thing  already  examin'd 
 by  himfelf,  and  corroborated  by  the  votes  and 
 prefence  of  others  ?  Moreover,  is  it  not  de- 
 monftrable  that  nothing  was  offer'd  to  the  con- 
 sideration of  that  Council,  but  what  was  pro- 
 posed by  the  Pope's  legates?  fo  that  nothing 
 was  brought  upon  the  ftage  but  what  the 
 court  of  Rome  had  a  mind  to  :  Which  cuftom, 
 tho'  not  obferv'd  in  the  primitive  Councils,was 
 a  check  to  thofe  who  had  a  defign  to  encroach 
 upon  the  Pope's  prerp^ative.  In  the  firft  fef- 
 fion,  under  Pius  IV.  a  decree  was  propos'd  by 
 the  holy  father,  that  the  Council  fliould  make 
 fuch  deeifions  only,  touching  the  chriftian  faith, 
 as  might  be  thought  necefliry  3  and  this  de- 
 cree was  paflèd  as  well  as  all  the  others  that 
 were  propos'd.  The  prelates  and  princes  (aw 
 indeed,  when  'twas  too  late,  that  the  ablathès, 
 proponéHtiìm  legal  ir,  was  a  fure  fign  of  their 
 (la  very,  and  they  complain'd  of  it  to  the  Pope,- 
 
 but 
 
74     The  Rights  of  Sovereigns. 
 
 but  he  brought  himfelf  off  without  much  dif- 
 ficulty, by  pretending  he  had  not  time  to  ex- 
 amine either  the  gender  or  the  cafe.  And  this 
 was  the  condutì:  obferv'd  during  the  whole 
 Council,  in  which  nothing  was  propos'd  but 
 from  the  Pope  by  his  legates.  To  what  pur- 
 pofe  then  was  this  confirmation  defir'd  ? 
 
 Here  follows  a  piece  of  hiftory  worthy  of 
 remark.  The  court  of  Rome  apprehending 
 that  the  Council  might  hereafter  be  told,  by 
 way  of  reproach,  in  a  full  affembly,  that  they 
 were  not  free,  took  care  that  another  decree 
 (hould  be  propos'd  in  the  24th  feffion,  decla- 
 ring that  by  the  terms,  fropnentibus  legati %  it 
 was  not  their  intention  to  change  the  methods 
 of  treating  ufually  obferv'd  in  general  Coun- 
 cils. On  the  other  hand,  the  court  of  Rome 
 being,  to  the  laft  degree,  jealous  of  the  Pope's 
 privileges  and  authority,  took  great  care  to 
 have  it  declar'd  in  one  of  the  canons  pak'd  in 
 the  25th  feffion,  that  in  all  things  eftablifli'd 
 by  the  faid  Council,  touching  reformation  and 
 ecclefiaflic  difcipline,  a  falvo  is  intended  for  the 
 Pope's  authority.  But  can  any  thing  be  more 
 fuperfluous  ?  for  in  other  decrees ,  either 
 this  authority  is  attack'd,  or  it  is  not.  If  it 
 be  particularly  attack'd,  this  general  exception 
 cannot  help  it  ;  arfd  if  it  be  not,  the  faid  ex^ 
 ception  is  needlefc.  In  the  fame  feffion  it  was 
 declar'd,  that  if  any  embafladors  fliould  give 
 place  to  others  in  this  Council,  the  princes, 
 their  matters,  fiioy,!d  not  thereby  fyffer  at  all  in 
 
 their 
 
The  Rights  of  Sovereigns.     75 
 
 their  rights.  But  is  not  this  too  a  mere  com- 
 plement from  his  holinefs  j  fince,  if  the  reme- 
 dy was  good,  it  were  needlefs  to  have  fo 
 long  difputed  the  pundHlioes  of  honour? 
 
 I  beg  pardon  of  the  courteous  reader  for 
 bringing  the  Council  of  Trent  fo  often  upon 
 the  ftage.  For  1  look  upon  it  as  an  argument 
 ad  hominem*,  a  thoufand  times  more  conclufivè 
 than  a  hundred  general  arguments,  fince  none 
 can  be  ftronger  than  thofe  taken  from  tha  ca- 
 nons even  of  this  Council,  which  pioufly  de- 
 fended the  rights  of  the  holy  See  $  and  yet 
 with  all  this  they  could  not  pleafe  the  court  of 
 Rome)  unlefs  the  Pope's  fan&ion  were  added 
 to  their  proceedings.  We  fhall  in  the  next 
 place  examine  the  nullity  of  this  confirmation  ; 
 and  when  that  is  prov'd,  it  will  be  eafy  to 
 eftablifli  the  fuperiority  of  a  Council  over  the 
 Pope,  and  confequently  decide  the  queftion 
 which  is  the  main  fubjeft  of  this  chapter. 
 
 If  the  confirmation  of  a  decree  ought  to  be 
 receiv'd  at  the  fame  time  with  the  decree  it 
 felf,  one  cannot  fuppofe  the  infallibility  of 
 judgment,  becaufe  that  would  need  no  confir- 
 mation, according  to  the  maxim,  jniflra  fit 
 per  filtra  quod  poteft  fieri  per  pandora.  Mean 
 time  this  infallibility  is  plainly  fuppos'd,  be- 
 caufe in  every  feffion  of  the  Council  of  Trent 
 there  is  this  expreffion,  fancfa  fynodus  in  fpiritu 
 fanfto  legitime  congregata,  i.  e.  the  [acred  fynod 
 lawfully  affembledin  the  Holy  Ghoft.  Now,  how 
 is  it  poffible  for  a  decree  to  be  falfe  or  erro- 
 neous, 
 
j6     The  Rights  of  Sovereigns. 
 
 neous,  which  is  infpir'd  by  the  holy  Ghofi  ? 
 There  is  no  variablenefs  in  God,  but  in  the 
 Pope  there  may,  for  'tis  a  mark  of  imper- 
 fection. If  therefore  God  in  his  mercy  in- 
 fpires  a  Council,  he  will  not  alter  his  purpofe, 
 whatever  may  happen,  becaufe  the  Lord  is 
 not  fubjeft  to  accidents,  and  changeth  not. 
 Now,*  who,  that  has  heard  Jefus  thrift  fay, 
 where  foever  two  or  three  Jhall  be  gathered  together 
 in  my  name*,  I  will  be  in  the  midft  of  thèvi^  can 
 doubt  of  this  invisible  dire&ion  of  God  è  Af- 
 ter fo  pofitive  a  promife,  ought  a  Council,  the 
 afifembly  of  all  chriftendom,  to  be  fearful  of 
 erring,  and  can  they  want  confirmation?  If, 
 notwithftanding  this  promife  of  Chrift,  it  be 
 afferted  that  the  Pope's  prefence  is  necelfuy  in 
 a  Council,  'tis  not  becaufe  he  has  any  authority 
 there,  but  purely  to  fulfil  the  conditions  laid 
 down  by  Jefus  Or//?,  in  thefe  words,  in  ?ny 
 name  ;  which  fignify  that  the  affembly  have  the 
 fervice  of  GhriJTs  Church  for  their  moving 
 caufe,and  final  objefì.Thefame  conclusion  may 
 be  drawn  from  the  terms  of  applaufe  given  to 
 thefaid  Council,  iiiz.  (and a  ecumenica  fynodus 
 Tridentina,  c]m  fidemcorfiteaviur,  ejus  decreta  fer- 
 vemus  $  i.e.  let  us  confefs  the  faith,  and  ob ferve  the 
 decrees  of  the  [acred  general  Council  of  Trent.  To 
 which  the  prelates  anfwer'd,  femper  confitea- 
 mur,  [emper  fervcrnm,  item  omnes  ita  credimvsy 
 omnes  idipfiim  fentimus,  omn?s  confentientes  & 
 ampleet  antes  [ubfcnbimm  :  H<ec  eft  fides  beati 
 Petri,    (j    apoflolorim  5    hdc  eft  fides  ptrum , 
 
 h<cc 
 
The  Rights  of  Sovereigns,     77 
 
 hac  eft  fides  crtodoxorum,  ita  credimus  &  feriti- 
 mus  ;  i.  e.  this  is  the  faith  of  blejfed  Peter, 
 and  the  apo files,  of  the  fathers^  and  the  orthodox, 
 we  tinanimoufly  biluce,  embrace,  and  fubferibe 
 it,  and  will  all  confefs  and  keep  it.  After  fuch 
 a  confeffion  as  this,  the  queftion  is,  whether, 
 if  the  Pope  had  refufed  his  confirmation,  the 
 chriftians  would  not  have  been  obli^d  to  be- 
 lieve the  decifions  of  that  Council  ?  If  it  be 
 faid  no,  the  confequence  is  plain,  that  the 
 Council  told  a  lie,  in  laying  it  was  the  faith  of 
 St.  Peter,  and  the  apofties.  If  it  be  anfwer'd 
 in  the  affirmative,  then  the  Pope's  confirmation 
 was  not  at  all  necefTary. 
 
 Perhaps  the  court  of  Rome  will  reply  to  this, 
 that  confirmation  only  extends  to  the  decrees 
 of  a  pofitive  law,  and  not  to  tnofe  matters  of 
 fairh  which  are  already  declar'd  to  be  the  faith 
 of  St.  Peter;  and  that  therefore  every  Coun- 
 cil, which  undertakes  to  limit  the  authority  of 
 the  court  of  Rome,  cannot  avoid  falling  into 
 an  abfurd  temerity,  lìnee  it  will  always  lie  in 
 the  breaft  of  that  court,  either  to  confirm,  or 
 rejeci  its  decifions  upon  this  fo  nice  an'  affair. 
 But  what  will  thofe  gentlemen  fay  to  a  decree 
 palTed  in  the  6th  feffion  of  the  time  Council, 
 under  Julius  111.  whereby  the  -continuation  of 
 the  Council  was  fufpended  for  reafons  therein 
 mention'd  è  And  then  'tis  added,  interea  tamen 
 fanita  fynodus  exhertatur  omnes  principes  chri- 
 ftianos,  &  omnes  prdatos,  ut  obfcrnent,  &  re- 
 fpefii-ve  obfervare  fachwt  in  fuis  regnis,  oumia 
 
 &  fin- 
 
78     The  Rights  of  Sovereigns. 
 
 &  ftngula,  qua  per  hoc  facrum  occwmnkum 
 Concilium  fuerunt  hattenus  flatuta  (j  decreta  ; 
 i.  e.  the  holy  fynod  exhorts  all  chriftian  princes  and 
 prelates,  that  theyobferve,  and  caufe  to  be  obfervd^ 
 in  their  refpecfive  dominions,  all  and  fingular 
 the  ftatutes  and  decrees  hitherto  paffed  by  this  fa- 
 cred  general  Council.  But  had  the  Council 
 been  of  opinion  that  its  decrees  could  not  be 
 valid,  without  being  confirm'd  by  the  Pope, 
 it  would  have  been  extravagant  rafhnefs  in 
 them  to  recommend  the  obiervation  thereof 
 before  they  had  defir'd  fuch  confirmation; 
 And  in  the  laft  fefiion,  the  following  words 
 were  regifter'd  a  little  before  the  palling  of 
 that  decree  which  requires  the  Pope's  confir- 
 mation. Super  eft  nunc  ut  omnes  principes,  quod 
 facit  in  domino,  maneant  ad  operavi  [nam  ita 
 praftandam,  ut  qua  ab  ea  decreta  fitnt  ab  hare- 
 licis  depravati  aut  violavi  non  permittant,  fed  ab 
 his  &  omnibus  devote  recipiantur  &  fideliter  ob- 
 ferventur  :  quod  ft  in  his  recipiendis  aliqua  diffi- 
 cultas  oriatur  (quod  non  credit)  qua  declaration 
 nem  aut  definitionem  poftulat,  prater  alia  reme- 
 dia  in  hoc  Concilio  inftituta,  confidit  fantfa  fyno- 
 dus  fanffijfimum  Komanum  pontificem  curatu- 
 rum,  ut  vel  evocatio  ex  iis  prafertim  provinciis, 
 unde  difficult  as  orta  fuerit,  iis,  quod  eodevi 
 negotio  trattando  videbitur  expedire,  vel  etiam 
 Concila  gener  alls  cele  brat  ione,  fi  neceff ariani  judi- 
 caverit,  vel  commodiore  qnacumq;  ratione  ei  vi- 
 
 fum 
 
The  Rights  of  Sovereigns.     ^9 
 
 finn  fuerit,  provinciarum  necejjitatibus  pro  Dei 
 gloria  &  ecdefi<e  hanquilitate  confulatur. 
 
 Now  let  every  confcientious  perfori  deter- 
 mine whether  it  may  be  lawfully  inferr'd  from 
 thefe  words,  that  the  Council  thereby  own'd 
 the  dependency  of  its  decrees  on  the  Pope  j  or 
 rather,  if  they  are  not  as  it  were  a  delegation 
 of  authority  to  the  Pope,  to  concern  himfelf 
 in  'dubious  cafes  relating  to  the  decrees  efta- 
 blifli'd  by  the  f.iid  Council. 
 
 And  in  the  25  th  Seflion,  Chap.  II.  con- 
 cerning reformation,  there  are  thefe  words  : 
 Prtccipit  fanttafynoditi  patriarchio  (j  omnibus  aliisy 
 ut  in  fynodo  provinciali  pofl  finem  hups  Concilii 
 habenda^  omnia  palavi  recipiant,  necnon  warn 
 obedientiam  Romano  pontifici  fipondeant  &  profi- 
 tcantur.  Which  imports  a  command  of  the 
 fynod  to  the  patriarchs,  &c.  to  pay  true  obe- 
 dience to  the  Pope.  Now,  if  the  Council 
 were  inferior  to  the  Pope,  I  Ihould  think  it 
 fenfelefs  and  ridiculous  to  recommend  them  to 
 that  obedience.  Laftly,  towards  the  conclu- 
 fion  of  the  fame  chapter,  the  Council  having 
 prefcrib'd  the  form  of  regulating  the  catholic 
 universities,  adds,  the  Pope  foall  take  care  that 
 the  unherfities,  which  are  immediately  under  hh 
 protection  and  infitation^  be  vifited  and  reform  d 
 by  his  delegates*,  &c.  I  make  two  remarks  up- 
 on thefe  words  :  1 .  That  the  Council  law  very 
 plainly,  that  if  they  had  not  made  this  excep- 
 tion touching  the  unherfities  fubjett  to  the  Pope, 
 he  would  have  thought  himfelf  authoriz'd  al- 
 lò 
 
8ò     The  Rights  of  Sovereigns. 
 
 fo  to  vifit  and  reform  the  others  above-men- 
 tion'd,  elfe  the  exception  would  be  needlefs. 
 2.  That  this  condud  of  the  Council,  in  pre- 
 fcribing  to  the  Pope  what  he  has  to  do,  clearly 
 fhews  that  they  did  not  own  him  for  a  fupe- 
 rior.  What  pafs'd  in  the  23d  feflion  on  thè 
 que/Hon  concerning  the  chalice,  proves  the 
 truth  of  this  ;  for  the  Council  refers  the  defi- 
 flon  of  it  to  the  Pope,  in  thefe  terms,  decrepit 
 integrum  negotiant  ad  fanftijjìmiim  dominimi  no-t 
 firwn  effe  referendum  ;  which  formal  delegation 
 is  a  proof  that  the  Council  does  not  depend  ori 
 the  Pope  ;  for  the  inferior  does  not  delegate  to 
 the  fuperior,  becaufe  the  latter  has  a  natural 
 right  of  judging,  whereas  it  belongs  to  the 
 foimer  only  by  way  of  reference  :  To  con- 
 clude, in  the  laft  feflion  'tis  faid  that  fome 
 prelates  were  deputed,  by  order  of  Council,  to 
 form  an  index  of  prohibited  books,  and  ex- 
 amine the  catechifm,miifal,  and  Roman  brevi- 
 ary, and  to  make  a  report  thereof  to  the  Coun- 
 cil, which  was  to  form  a  decree  thereupon  : 
 *  [and  the  Council  being  not  able  to  give  their 
 judgment  of  all  in  a  trice,  becaufe  of  their 
 number,  referr'd  the  whole  to  the  judgment 
 of  the  Pope.]     This  feems  to  me   a    plain 
 
 ctecla- 
 
 *  What  is  inferted  betwixt  the  two  crochets,  is  not 
 exprefs'd  in  the  [fattati,  but  'twas  tiken  from  the  hiftory 
 of  the  Council,  and  'twas  thought  necefary  to  phce  it  here  at 
 length,  becaufe  the  confequunce,  which  the  author  draw* 
 from  that  refolntton  of  the  Council,  is  founded  upon  the  lift 
 words,  rcfen-rd  the  whole  to  the  jvà.g>nent  of  the  JV  e. 
 
The  Rights  of  Sovereigns.     8 1 
 
 declaration,  that  the  Council  meant  rather  to 
 ghe  authority  to,    than  receive  it  from  the 
 Pope,  and  that  they  only  regarded  him  as 
 their  vicar,  or  fuffragan,  vvhofe  power  was  un- 
 der their  regulation.  Tell  me  not  of  Pius  lVth's 
 bull  of  confirmation,  in  which  are  thefe  words: 
 Nobis  adeo  Conditi  libertari  faventibw, ut  etiam  de 
 rebus  fedi  apoftolic<e  proprie  refervatis,  liberum 
 ipfi  Concilio  arbitrimi  per  litems  ad  legatos  no- 
 flros  fcriptas  ultro  permiferimm  ;  i.  e.  we  have 
 fuch  a  regard  to  the  freedom  of  the  Council,  that, 
 of  our  own  accord,  we  have,  by  letters  written 
 to  our  legates,  permitted  them  to  judge  arbitra- 
 rily,   even    of  things  property  referti d  to  the 
 apoftolical  See.    But  this  liberty  is  all  mere 
 delufion,  if  (<as  is  pretended)  'tis  abfolutely 
 neceffary  to  defire  the  Pope's  confirmation  of 
 what  is  concluded  ;   for   if  he  has  a  power 
 to  grant  it,   he  has  the  fame  power  to  re- 
 fufe  it  ;   which  at    once  deftroys   this  pre- 
 tended freedom.     I  chofe  to   fingle  out  all 
 thefe  remarks  from  the    Council  of  Trent  5 
 becaufe,  as  that  Council  was  moft  partially 
 zealous  for  the  papal  authority,   I  thought 
 it  would  the   better  anfwer  our  end,  viz. 
 to  eftablifh  the  authority  of  a  Council  over 
 the  Pope. 
 
 In  the  catalogue  of  lawful  Councils  there 
 is  this  note,  Anno  Domini  ^66,  Romanum  ter- 
 tium  provinciale  fub  Hilario  Papa  a  quinqua- 
 ginta  epifcopis  congregatum  potijjimum  fiatuen- 
 tibus,    ut  canones  Niceni  Concila  &  apoflolicx 
 
 G  fedii 
 
Si     The  Rights  of  Sovereigns. 
 
 Jedis  conftituantur  ;  i.  e.  it  was  chiefly  or dairìd 
 by  fifty  bijhops,  affembled  in  the  third  provin- 
 cial Council  at  Rome  ,  under  Tope  Hilary, 
 A>  D.  466,  that  the  canons  of  the  Nicene  Coun- 
 cil, and  the  apoftolical  See,  Jhould  be  obferv'd. 
 So  that  here  is  a  fingle  provincial  Council 
 commanding  obedience  to  the  decrees  of  ano- 
 ther Council,  and  of  the  holy  See.  Another 
 aflèmbled  at  Worms,  under  Pope  Leo  III.  and 
 the  emperor  Charles  the  Great,  exprefly  or- 
 ders, that  no  perfon  be  excommunicated  for 
 a  trivial  fault,  that  the  minifters  of  God  be 
 fober,  and  the  table  of  the  bifhops  frugal. 
 Another  general  Council,  affembled  at  Vienna 
 in  f  311,  approved  the  decrees  of  Pope  Cle- 
 ment V.  calFd  Clement's  conftitutions.  But 
 we'll  go  back  ftill  higher,  not  forgetting  the 
 principle  I  before  laid  down,  that  the  Pope 
 has  undoubtedly,  at  this  day,  no  more  au- 
 thority than  St.  Peter  had.  Now  the  firft 
 general  Council,  which  was  held  at  Jerufa- 
 lem  by  St.  Peter  himfelf,  by  the  apoftles  and 
 other  difciples  of  the  primitive  Church,  proves 
 it  to  have  been  the  opinion  of  thofe  times,  that 
 a  decree,  made  by  all  together,  had  more  force 
 than  if  made  by  St.  Peter  alone.  The  que- 
 ftion  debated  in  this  Council  was,  whether 
 circumciiion  was  neceflàry  any  longer  ?  Peter 
 fays,  Men  and  brethren,  you  know,  how  that  a 
 good  while  ago  God  made  choice  among  us,  that 
 the  gentiles  by  my  mouth  Jhould  hear  the  word  of 
 the  gofpel  and  believe.    And  God,  who  know- 
 
 etb 
 
■Zltf  Rights  of  Sovereigns.      85 
 
 tth  the  hearts,  bare  them  witnefs,  giving  them 
 the  Holy  Ghoff,  even  as  he  did  tinto  us.  Hi- 
 therto Peter  acknowledges  that  God  had  given 
 all  baptiYd  believers  tì  gre:;t  a  portion  of  his 
 grace  and  fpirit  as  to  htmfelf.  After  him, 
 Barnabas  and-Pdw/fpoke  of  the  miracles  which 
 God  had  wrought  among  the  gentiles  ;  and 
 then  James  fays,  Men  and  brethren,  hearken  un- 
 to  vie  :  Simon  hath  declard  how  God  at  the  fir  ft 
 did  xifit  the  gentiles,  to  take  out  of  them  a  people 
 for  his  name.  After  which  he  goes  on  thus  : 
 Wherefore  ?ny  fentence  is,  that  we  trouble  not 
 ihem  which  from  among  the  gentiles  are  turni 
 to  God,  but  that  We  write  unto  them  that  they 
 àbftaìn  from  pollutions  of  idols,  and  from  forni- 
 cation, &c.  Then  it  pleased  the  apoftlss  and  el- 
 ders, with  the  whole  Church,  to  [end  chofen  men 
 out  of  their  own  company  to  Antioch,  with  Paul 
 and  Barnabas,  namely,  Judas,  jimamed  Barfa- 
 bas,  and  Silas,  chief  men  among  the  brethren: 
 And  they  wrote  letters  by  them  after  this  manner. 
 
 The  apoftles,  and  elders,  and  brethren,  &c 
 
 We  have  therefore  fent  Judas  and  Silas,  who 
 fiali  alfo  tell  you  the  fame  things  by  word  of 
 mouth  1  for  it  feemedgoodtothe  Holy  Ghoft  and 
 to  us,  to  lay  upon  you  no  greater  burden  than  theft 
 neceffary  things  :  That  ye  abftain  from  meats  of- 
 fered to  idols,  and  from  blood,  and  from  things 
 ftrangled,  and  from  fornication  :  From  which, 
 if  you  keep  your  fehes,  ye  fiali  do  well.  Fare 
 ye  well.  "Tis  palpable  from  all  the  traduc- 
 tions of  this  Council,  that  St.  Peter  did  not 
 G  2  pretend 
 
84     The  Rights  of  Sovereigns* 
 
 pretend  to  the  lead  fuperiority  over  thofe  who 
 compos'd  it,  that  they  regarded  him  only  as 
 their  colleague,  and  even  embrae'd  the  opi- 
 nion of  St.  James,  who,  after  he  had  made 
 the  decree  himfelf,  put  an  end  to  the  Council, 
 in  the  name  of  the  Holy  Ghoft.  In  another 
 part  *of  the  Atis  of  the  Apoftles,  we  find  thefe 
 words  :  When  the  apofiles,  who  were  at  Jerufa- 
 lem,  heard  that  Samaria  had  receivdthe  word 
 of  God j  they  fent  unto  them  Peter  and  John.  Is 
 it  not  evident  from  this  circumftance  that  Pe- 
 ter valued  himfelf  upon  obeying  the  apoftolical 
 college,  inftead  of  pretending  to  any  fuperi- 
 ority over  them  ?  For  the  college  fends  Peter, 
 and  he  forthwith  obey'd.  From  that  time  to 
 this  I  can't  find  any  augmentation  of  authority 
 ever  granted  to  the  holy  See,  except  by  tra- 
 dition. When  the  Pharifees  reproached  Chrift, 
 that  his  difciples  tranfgreffed  the  tradition  of  the 
 elders,  becaufe  they  did  eat  with  unwajhed  hands, 
 laying  afide  the  commandments  of  Gody  he  tells 
 them,  that  they  (the  Pharifees)  who  were  fo 
 zealous  for  the  tradition  of  the  elder r,  did  there- 
 by tranfgrefs  the  commandment  of  God. 
 
 It  may  indeed  be  faid  with  too  much  ju- 
 ftice,  that  'tis  the  conftant  fate  of  the  high 
 priefts  to  be  captivated  by  this  paflionate  thirft 
 after  worldly  grandeur,  tho*  there's  no  crime 
 in  the  whole  gofpel  againft  which  Jefus  Chrifi 
 has  exprefs'd  more  refentment.  St.  John  the 
 evangelift  tells  us,  in  his  8th  chapter,  that 
 Ch-ifty  in  a  long  difcourfe  which  he  had  one 
 
 day 
 
The  Rights  of  Sovereigns.     85 
 
 day  with  the  chief  prieft,  (and  we  don't  find 
 throughout  the  whole  gofpel  that  Chrift  ever 
 exprefs'd  himfelf  with  more  warmth)  gave 
 him  thefe  hard  words  :    If  I  fay  the  truth, 
 
 why  do  ye  not  believe  me  ? He  that  is  of 
 
 God,  bearetb  God's  word  ;  ye  therefore  hear  it 
 not,  becaufe  ye  are  not  of  God.  He  adds  after- 
 wards, It  is  my  father  that  honour eth  me,  whom 
 ye  fay  that  he  is  your  God,  yet  ye  have  not  known 
 him  •  but  I  know  him  ;  and  if  I  Jloould  fay  I 
 know  him  not,  1  Jloould  be  a  liar  like  unto  you. 
 Thefe  reproaches  of  being  not  of  God,  of 
 knowing  not  God,  and  of  being  liars,  did  not 
 move  them  a  jot  -,  but  when  he  attacks  the 
 antiquity  of  their  origin,  by  faying,  before 
 Abraham  was,  1  am,  they  took  up  ftones  to 
 caft  at  him.  No  wonder  therefore  to  find  this 
 ambition  of  worldly  honour  lurking,  even  at 
 this  day,  in  the  chief  Priefts,  fince  they  have 
 it  as  by  inheritance  from  the  fynagogue.  But 
 to  return  to  the  authority  of  a  Council. 
 
 We  don't  find  that  J  ejus  Chrijl,  when  he 
 conferr'd  the  priefthood  on  his  difciples,  gave 
 them  any  authority  different  from  that  of  Pe- 
 ter. When  he  instituted  the  fiera ment  of  the 
 eucharift,  after  he  had  flipped  with  them,  he 
 faid  to  them  all,  take,  eat,  and  as  often  as  ye 
 do  this,  do  it  in  remembrance  of  me.  So  that 
 he  conferred  on  them  all  equal  authority  of 
 confecration.  And  when  he  was  rifen  again, 
 he  gave  them  equal  power  of  binding  and  loo- 
 fing.     He  breathed  on  them,  and  faid  unto 
 
 G  3  them, 
 
8(5     T'he  Rights  of  Sovereigns. 
 
 them,  Receive  the  Holy  Ghoft.  JVhofefoever  fins 
 ye  remit,  they  are  remittedunto  them  ;  and  whofe* 
 foever  'fins  ye  retain,  they  are  retained.  So  that 
 Peter  in  theie  two  functions,  or  rather  thee, 
 had  not  the  leaf!  fuperiority  over  the  reft,  and 
 thofe  words  afford  no  manner  of  foundation 
 for  the  diftinétion  made  by  the  court  of  Rome, 
 betwixt  the  power  of  order,  and  that  of  jurif- 
 diftion.  Confequently,  the  bifhops  being  the 
 fucceflbrs  of  the  apoftles,  as  the  Council  of 
 Trent  declares;  and  the  Pope,  the  fucceflfor  of 
 St.  Peter  ;  it  follows,  that  in  the  exercife  of 
 their  epifcopal  authority,  they  depend  no  more 
 upon  the  Pope  than  the  apoftles  did  on  St.  Pe- 
 ter  ;  but  when  united  together,  they  have  an 
 abfolute  fuperiority  over  him,  as  has  been 
 fhown  in  the  two  preceding  pages.  But  the 
 Romanics  objetì,  that  the  keys  were  promis'd 
 to  St.  Peter  a]one.  I  will  give  thee  the  keys  of 
 the  kingdom  of  Heaven.  I  allow  it  ;  but  fince 
 they  take  it  for  granted  that  the  power  of  bind- 
 ing and  looflng  is  exercifed  by  the  fowtrofthe 
 keys,  they  muft  yield  me  this  point,  that  the 
 laid  promife  is  not  Angular,  became  the  power 
 that  flows  from  it  is  exercifed  by  many.  St.  Pe~ 
 ter,  at  another  time,  who  was  fubjed,  as  well 
 as  all  mankind,  to  the  frailty  of  human  na- 
 ture, which  is  apt  to  demand  large  rewards  for 
 the  leaft  fervice  done  to  God,  took  the  liber- 
 ty to  fay,  behold  we  have  forfaken  all  and  fol- 
 lowed thee,  what  fhall  we  have  ?  It  cannot  be 
 deny'd  there  was  a  deal  of  preemption  in  this 
 
 demand  ; 
 
The  Rights  of  Sovereigns.      87 
 
 demand  ;  for  what  reward  could  he  think  he 
 had  deferved,  for  leaving  a  paltry  fifhing  boat, 
 and  a  ragged  net  è 
 
 This  ambition  of  preheminence  difcover'd 
 it  felf  in  the  difciples,  even  in  the  pretence  of 
 Jefus  Chrift.  There  arofe  a  ftnfe  among  themy 
 which  of  them  JJjould  feem  to  be  the  greateft  •> 
 but  Jefus  faid  unto  them,  let  the  greateft  among 
 you  be  as  the  lea  ft  ^  and  the  chiefefl  as  he  that 
 fervtth.  If  our  Saviour  had  approv'd  of  a  fu- 
 periority  in  a  proper  fenfe,  was  not  that  a  fit 
 opportunity  to  have  declar'd  it  ? 
 
 If  a  Council  be  not  fuperiorto  the  Pope,  to 
 whom  ftiould  the  Church  of  God  apply,  when 
 ever  there  Ihould  be  more  Popes  than  one,  as 
 happen'd  at  the  time  of  the  Council  of  Con- 
 ftance,  when  no  lefs  than  three  aflum'd  that 
 name;  one  of  whom  was  Gregory  XII.  a  Ve- 
 netian. As  to  tiie  other  two,  one  pretended 
 to  excommunicate  the  other,  who  denying  his 
 competitor's  authority,  excommunicated  him 
 in  his  turn.  Now  what  was  the  confequence 
 of  all  this  ?  Why  the  flock  of  Chrift  did  not 
 know  their  true  paftor.  But  'tis  impoflible 
 that  God,  who  in  his  goodnefs  has  provided 
 remedies  for  the  body,  ihould  forget  to  make 
 the  fame  provision  for  the  Soul,  as  they  do  in 
 eflfeft  declare,  whp  deny  the  luperiority  of  a 
 Council. 
 
 1  intend  not,  by  this,  to  deny  the  primacy 
 of  St.  Peter )  and  by  confequence  that  of  the 
 Pope.     I  own  this  primacy,  but  I  can  never  al- 
 
 G  4  low 
 
88     *The  Rights  of  Sovereigns. 
 
 low  that  ufurpation  of  authority  which  St.  Pe- 
 ter never  had,  and  which  by  confequence  is  not 
 attainable  at  this  day  by  the  Pope  ;  for  tho'  he 
 was  the  head,  or  chief  of  the  apoftolical  col- 
 lege,he  was  not  therefore  fuperior  to  the  others. 
 There  would  be  a  contradiction  in  fuppofing  a 
 fuperiority  among  colleagues.  But  having  ful- 
 ly difcufled  this  queftion,  I  fliall  now  con- 
 clude this  chapter,  hoping  I  have  fufficiently 
 prov'd  that  a  Council  is  fuperior  to  all  ecclefi- 
 aftical  dignities. 
 
 CHAP.     V. 
 
 Whether  a  lawful  prince  may  be  de- 
 privd  of  his  dominions  by  reafon  of 
 excommunication  ? 
 
 IN  fome  foregoing  chapters  we  have  fuffi- 
 ciently ihewn  the  rigor  of  the  punifhment 
 of  excommunication,  that  it  extends  fo  far  as  to 
 render  a  chriftian  incapable  of  fharing  the  be- 
 nefit ofChrifi's  redemption.  We  have  likewife 
 demonftrated  that  a  punifhment  fo  terrible  is 
 due  to  none  but  thofe  who  are  guilty  of  the 
 mod  enormous  crimes  ;  yet  the  defenders  óf 
 the  papal  authority  don't  think  this  chaftife- 
 nient  fevere  enough,  and  therefore  they  add, 
 that  every  prince  under  excommunication  piay 
 
 fome^ 
 
The  Rights  of  Sovereigns.     89 
 
 foinetimes  be  depriv'd  of  his  dominions,  and 
 that  the  next  pofleffor  needs  no  other  title  to 
 them  than  executioner  of  the  Pope's  fen- 
 tence  :  I  fay  fometimes,  becaufe  excommuni- 
 cation does  not  always  carry  with  it  this  two- 
 fold punifliment,  but  only  when  certain  cir- 
 cumftances  of  the  crime  engage  the  Pope  to 
 add  this  claufe  to  it.  Thofe  even  who  are  not 
 acquainted  with  modern  hiftory,  and  have  on- 
 ly ftudy'd  the  canons  of  the  Church,  will  think 
 this  claufe  ftrange  and  abfurd  ;  for  thofe  very 
 canons,  which  feem  to  have  been  made  purely 
 for  eftablilhing  the  rights  of  the  Pope,  men- 
 tion not  a  word  about  it  ;  but  it  muft  appear 
 Hill  much  more  extravagant  to  thofe  who  have 
 any  knowledge  of  antiquity,  efpecially  if  they 
 compare  the  carriage  of  modern  princes  to- 
 wards the  holy  See,  with  the  infults  that  were 
 put  upon  it  by  the  princes  of  ancient  times.  In- 
 deed we  read  that  fome  were  excommuni- 
 cated, but  never  that  they  were  depriv'd  of 
 their  dominions,  or  fo  much  as  reprimanded, 
 tho'  they  had  extremely  injur'd  the  holy  fa- 
 ther. 
 
 In  the  time  of  the  Emperor  Juftiman  ; 
 Pope  Vigil  was  cited  before  the  judges,  and 
 went  to  Conftantimple  ;  where,  at  the  felici- 
 tation of  the  Emprefs  Theodofia>  whofavour'd 
 the  Ariam,  he  was  laid  in  irons  ;  yet  the  em- 
 peror was  not  excommunicated  for  that  infult, 
 neither  then  nor  after.  Another  time,  when 
 Gilfulfus,  Duke  of  Bene<venty  carry 'd  an  army 
 
 into 
 
9o     The  Rights  of  Sovereigns. 
 
 into  Campagna  di  Roma,  defiroying  all  the 
 country  with  fire  and  fword,  Pope  John  fent  to 
 tell  him,  that  if  he  would  avoid  the  divine 
 vengeance,  he  muft  decamp  immediately.  This 
 was  only  a  charitable  admonition,  but  fo  ef- 
 fetìual,  however,  that  the  duke  obey'd  ;  for 
 admonitions  are  commands,  when  accompa- 
 ny'd  with  the  fanótity  of  the  prelate  who  gives 
 them.  On  the  other  hand,  if  one  confiders 
 the  lamentable  condition  of  the  king  of  Na- 
 varre, who  was  turn'd  out  of  his  dominions 
 by  the  king  of  Spain,  one  cannot  but  ftand 
 aftonifli'd  at  the  feverity  of  the  punifhment, 
 compared  with  the  lightnefs  of  the  crime. 
 This  unhappy  prince  made  an  alliance  ,  it 
 feems,  with  Lewis  XII.  king  of  France,  whom 
 Pope  Julius  II.  had  excommunicated ,  and 
 confequently  incurr'd  only  the  minor  excom- 
 munication ;  yet,  tho'  he  had  committed  no 
 crime,  the  catholic  king,  who  was  a  zealous 
 executioner  of  the  Pope's  fentences,  imme- 
 diately feiz'd  his  dominions.  Many  things 
 might  be  faid  upon  this  fubjeft,  but  now  we 
 will  examine  it  as  matter  of  law  ;  for  as  to  the 
 fad,  the  Romani/is  are  fo  far  from  denying  it, 
 that  they  feem  to  boaft  of  it,  without  flaying 
 to  confider  what  crime  deferves  luch  a  punifh- 
 ment. We  proceed  now  to  inquire  whether 
 the  Pope  has  the  power  of  decreeing  itagainft 
 any  fovereign  ?  And  to  make  this  inquiry  with 
 the  greater  exatìnefs,  the  queftion  muft  not  be 
 reflrain  d  to  the  Pope  only,  but  extended  in 
 
 general 
 
The  Rights  of  Sovereigns.     91 
 
 general  to  all  the  bifiiops  ;  for  according  to  the 
 maxims  of  the  court  of  Rome,  all  bifiiops  have 
 a  right  to  excommunicate  Princes,  tho'  we 
 have  no  inftance  of  the  fatì:  in  our  times  ;  and 
 tho'  indeed  it  ought  not  to  be,  becaufe  a  fub- 
 ordinate  power  has  no  right  to  cenfure  a  power 
 which  is  abfolute  and  independent.  This  is  fo 
 conftant  a  maxim,  that  if  the  Romani  ft  5  Svili 
 afTert  this  right  in  the  bifiiops,  they  muft  of 
 courfe  own  them  to  be  independent  ;  and  if 
 they  aver  on  the  other  hand,  that  they  are  de- 
 pendent and  fubordinate  to  the  Pope,  they  muft 
 difown  their  pretended  authority,  and  not  fuf- 
 fer  them  to  extend  it  over  free  princes  ;  but 
 to  gain  their  point,  they  deny  our  inference, 
 and  affert  that  a  king  or  emperor  ought  to  be 
 fubjeót  to  the  meaneft  bifiiop,  as  long  as  he 
 lives  in  his  Diocefe. 
 
 But  I  defire  them  to  anfwer  me  this  queftion, 
 whether  they  would  approve  of  a  bifhop  of 
 Spain,  who,  conducing  himfelf  according  to 
 their  maxims,  fo  advantageous  for  the  eccle- 
 fiaftical  authority,  ihould  excommunicate  a 
 king  of  Spam,  for  reafons  which  he  might  think 
 very  juft,  and  deliver  up  his  dominions  to> 
 another  ?  If  they  fay  no ,  I  would  ask 
 them  the  reafon,  whether  it  is  for  want  of  au- 
 thority in  the  fiiid  prelate,  or  becaufe  they 
 think  the  punifiiment  too  fevere  }  If  the  for- 
 mer, let  them  (hew  me  thofe  different  degrees' 
 of  excommunicatory  power  in  the  gofpel.  For 
 my  part,  1  find  no  text  there  upon  this  iubjetf, 
 
 but 
 
92,     The  Rights  of  Sovereigns* 
 
 but  that  addrefs'd  to  St.  Peter,  du  Jhall  bind 
 and  loofe  ;  and  that  in  another  place,  directed 
 to  all  the  Apoftles,  ye  Jhall  remit  and  retain, 
 which  are  terms  fo  near  the  fenfe  of  the  for- 
 mer in  a  fpiritual  language,  that  they  may  be 
 call'd  fynonymous.  If  the  terms  of  the  text 
 were  duly  confider'd,  when  Jtfw  Chrijl  fpeaks 
 to  St.  Peter,  he  addrefles  him  in  the  Angular 
 number  and  future  tenfe,  1 will  build- —  Jhall 
 be  bound  and  loofed  ,-  but  when  he  fpeaks  to 
 St.  Peter  and  all  the  apoftles  together,  he  ufes 
 the  prefent  tenfe  :  Receive  ye  the  Holy  Ghoft  ; 
 whofefoever  fins  ye  remit,  they  are  remitted  ;  and 
 whofefoever  fins  ye  retain ,  they  are  retained. 
 Moreover,  'tis  to  be  obferv'd  that  Jefvs  Chriji 
 fays  this  to  Peter  before  his  paflion,  when  he 
 could  not  be  the  paftor  of  a  flock  not  yet  re- 
 deemed, and  when  it  was  not  yet  expedient 
 to  give  the  power  of  binding  and  loofing,  be- 
 caufe  the  knots  which  bound  up  mankind  in 
 chains  were  as  yet  too  tight,  before  Adam's 
 fin  was  repaired  ;  but  when  Jsfus  fpeaks  to  the 
 apoftles,  the  redemption  had  been  wrought  by 
 our  Saviour's  death  and  refurretìion.  From 
 hence  I  infer  that  the  authority  of  the  apoftles 
 was  at  leaft  equal,  if  not  fuperior  to  that  of 
 St.  Peter,  and  that  the  biftiops  have  confe- 
 qnently  the  fame  in  their  fundions  as  above. 
 
 If  the  court  of  Rome  condemns  fuch  con- 
 duct of  the  Spanijh  prelate,  as  being  too  fe- 
 vere,  it  fairly  implies  that  there  may  be  a  fault 
 in  excommunications  of  this  nature  ;  and  in 
 
 the 
 
Tl?e  Rights  of  Sovereigns.     93 
 
 the  inflitìing  of  thofe  punifhments  $  confe- 
 quently  'tis  lawful  for  all  perfons  to  examine 
 them  whether  they  are  faulty  or  not  ?  There- 
 fore 'tis  not  an  article  of  faith  to  be  believ'd 
 implicitly.  They  will  fay,  perhaps,  that  they 
 fhould  not  blame  this  a£  of  the  bifliop,  for  ei- 
 ther of  thofe  reafons,  but  only  for  its  tenden- 
 cy to  involve  chriftendom  in  confufion,  by  au- 
 thorizing princes  to  invade  the  territories  of 
 their  neighbours.  And  I  infer  further,  that 
 when  excommunication  is  to  be  fulminated, 
 regard  fliould  be  had  to  the  intereft  of  the 
 public,  and  to  reafons  of  ftate,  for  avoiding 
 univerfal  fcandal  ;  which  is  a  maxim  we  laid 
 down  before. 
 
 But,  if  upon  the  whole,  they  fhould  fay 
 they  would  approve  the  conduft  of  a  bifliop 
 that  fulminates  excommunication  with  this 
 referve,  that  the  motive  of  it  feems  to  him  to 
 be  juft,  they  muft  pardon  me  for  frankly  own- 
 ing that  I  cannot  believe  them,  becaufe  this 
 would  be  acknowledging  that  every  bifliop  is 
 a  Pope  in  his  Diocefe  ;  an  opinion  by  them  de- 
 tefted  as  much  as  that  which  fets  a  bifliop  up- 
 on a  level  with  the  Pope,  to  whom  they 
 afcribe  greater  authority  than  to  a  bifliop,  tho' 
 they  can  produce  no  text  to  fupport  it. 
 
 This  monarchical  authority  ot  the  Pope  has 
 caufed  me  to  make  a  reflexion,  which  I  think 
 very  true  and  juft,  viz.  that  all  other  things  of 
 this  world,  whether  created  or  generated,  lofe 
 their  vigor  and  force  in  procefs  of  time  $  but 
 
 tbe 
 
^4     ^he  Rights  of  Sovereigns. 
 
 the  Pope's  authority  is  fo  far  from  lofing,  that 
 it  always  gains  -,  and,  which  is  very  miraculous, 
 is  more  vigorous  in  its  old  age  than  its  youth* 
 If  we  caft  our  Eyes  on  the  productions  of  na- 
 ture, and  the  ordinary  generation  of  things* 
 we  find  them  declining  with  age,  and  defti- 
 tute  of  their  former  vigor.  Men  do  not  live 
 fo  marly  months  now,  as  heretofore  they  did 
 years.  The  brute  creatures  are  not  fo  capable 
 of  fatigue  as  formerly.  The  fruits  of  the  earth 
 have  not  the  fame  favour,  fweetnefs  and  fub- 
 ftance,  and  are  more  dangerous  to  the  confti- 
 tution.  Then  as  to  bodies  politic  ;  thofe, 
 which  were  once  fam'd  for  their  wifdom  and 
 power,  are  become  weak  and  fupine  ;  and  the 
 lubjetìs,  who  formerly  burned  with  zeal  and 
 duty  to  their  fovereigns,  upon  all  occafions^ 
 are  now  become  cold  and  indifferent:  The 
 arts  and  fciences  have  fuffer'd  the  fame  dimi- 
 nution ,•  where  is  there  now  an  Apellef,  a  Phi- 
 dias>  and  a  Politi  etiti  ?  Our  age  has  no  Arif- 
 totle,  Plato,  nor  Socrates  in  the  fchools,  nor  no 
 Achille^  Alexander ,  and  Hannibal  in  the  field. 
 The  Tnrkijfj  empire  is  a  farther  proof  of  this 
 viciflitude  ;  this  empire,  founded  upon  the  (la- 
 very  of  the  people,  and  their  blind  obedience 
 to  the  fovereign  ;  which  they  think  honourable 
 in  this  life,  and  meritorious  in  the  next  ;  how 
 is  it  fallen  from  its  ancient  fplendor  !  The  Ma- 
 hotnetansywho  now  fee  thro'  all  the  whimfies  of 
 the  Aktrariy  and  find  how  contrary  its  laws 
 are  generally  to  the  prefervation  and  advanta- 
 ges 
 
The  Rights  of  Sovereigns.      95 
 
 ges  of  fociety,  have  not  that  faith  which  their 
 anceflors  had  in  Mahomet.  Thefe  decays  are 
 all  natural,  and  there's  nothing  in  this  world  in 
 which  they  are  not  vifible.  In  my  opinion  this 
 fingle  argument  might  have  convinced  Ariftole 
 that  the  world  would  have  an  end  ;  which  he 
 fo  abfólutely  deny'd,  becaufe,  faid  he,  expe- 
 rience taught  him,  that  corruption  is  the  caufe 
 of  generation  ,•  fo  that  he  thought  it  impoffible 
 for  the  world  to  ceafe,  confidering  the  daily 
 refurretìion  of  individuals. 
 
 On  the  other  handy  in  an  ecclefiaftic  monar- 
 chy we  find,  that,  excepting  holinefs,  which 
 does-  not  increafe  j  and  refpetì,  which  dimi- 
 nifhes  from  time  to  time,  authority  augments 
 every  day.  But  this  increafe  is  owing  purely 
 to  a  refined  piece  of  fecret  policy,  by  means 
 whereof  the  Popes  have  artfully  worked  them- 
 felves  into  fecular  affairs,  and  efpecially  when  a. 
 fiate  finds  it  felf  under  an  obligation  to  change 
 its  fovereign.  Then,  if  the  Pope's  help  is  im- 
 plored, tho'  the  affair  is  purely  civil  and  inde- 
 pendent of  the  ecclefiaftical  jtirifdióìion,  he 
 does  not  lofe  a  moment,  but  flies  to  the  af- 
 fiftance  of  the  fovereign  who  defires  it,  as  a 
 fure  way  to  gain  him  over  to  the  interefts  of 
 the  holy  fee,  and  to  make  him  a  defender  of 
 its  authority.  Thus  when  Pepin  depriv'd  ChiU 
 ferie  III.  King  of  France,  of  his  crown  and 
 dignity,  on  pretence  that  he  was  a  weak  flug- 
 gifli  prince,  Pope  Zacbary  confirmed  his  elec- 
 tion in  750.    So  when  Qharkmam>  King  of 
 
 France, 
 
<)6     The  Rights  of  Sovereigns. 
 
 France,  feiz'd  the  imperial  crown,  excluding 
 Conftantin>the  fon  oflren^fs^  Pope  Leo  crown- 
 ed him  in  St*  Peters  Church  at  Rome.  In  like 
 manner,  when  the  empire  was  divided  be- 
 twixt him  and  Nicephorw,  the  Pope  gave  his 
 approbation.  Thefe,  and  many  other  accidents 
 of  this  kind,  are  what  the  Popes  improve  to 
 juftify  their  titles,  and  to  make  it  believ'dthat 
 they  can  do  every  thing  as  well  as  he  from 
 whom  they  pretend  to  hold  their  power.  By 
 this  method  alfo,  the  Popes  have  engag'd  Etf- 
 gland  more  than  once  to  become  tributary  to 
 the  holy  See,  by  paying  it  an  annual  tribute  of 
 a  hundred  marks  óf  gold 5  which  was  called 
 St.  Peters  Pence.  And  this  the  Englijh  go- 
 vernment confented  to,  for  warding  off  a  blow 
 then  threatned  by  the  French,  who  had  too 
 great  a  refpetì  for  the  Church  to  invade  a  fief 
 of  the  holy  See.  To  this  very  caufe  muft  be 
 afcrib'd  the  advancement  of  fome  rich  afpiring 
 princes  to  the  dignity  of  king,  great  duke,  &c4 
 who  thinking  their  former  titles  too  tnean* 
 have  recourfe  to  the  Pope  *  and  if  they  do  but 
 engage  to  make  fome  fmall  acknowledgment 
 to  the  holy  See,  they  need  no  more  to  obtain 
 their  wilhes.  The  court  of  Rome  has  flip'd 
 no  opportunity  to  put  in  pra&ice  a  method  fo 
 effectual  for  augmenting  the  Pope's  authority  ; 
 and  as  it  thereby  makes  princes  defenders  of 
 that  authority,  which  the  holy  See  claims  to  it 
 felf  in  fecular  matters,  fo  in  fpirituals  he  has 
 fecured  the  monks  of  all  orders  whatfoéver  to 
 
 feis 
 
'The  Rights  of  Sovereigns.      97 
 
 his  own  intereft,  by  exempting  them  from  the 
 jurifditìion  of  the  bifhops. 
 
 This  was  the  courfe  which  the  See  o(Ro?ne 
 took  to  make  itfelf  neceflaty.    Yet  the  an- 
 cient fovereigns,  and  thole  who  had  no  need 
 of  the  Pope's  protection  to  eftablifli  or  aggran- 
 dize their  authority,     could  not  bear  thofe 
 ufurpations.     Indeed  they  became  familiar  by 
 time,    which   brings  all  things  to  maturity  ; 
 and  by  the  Pope's  cunning  improvement  of  the 
 heceflities  of  princes,  who  before  had  opposed 
 their  authority,   or  by  the  fpeedy  affiftance  of 
 Others,    whofe  towering  hopes   of  greatnefs 
 call'd  for  fuch  a  fupport.     But  for  a  Pope  to 
 pretend  to  take  away  a  prince's  hereditary  do- 
 minions,  under  colour  of  fome  flight  difobe- 
 dience,  is  what  princes  ought  never  to  fufTerj 
 becaufe  the  injury  of  turning  a  prince  out  of 
 his  property-,  is  much  greater  than  the  courtefy 
 of  granting  it  to  him  who  defires  it  ;  for  a 
 title  granted,  tho'  perhaps  irregularly,  does  not 
 immediately  offend  another;  and  if  itfhould, 
 that's  all  ,•  but  a  prince  cannot  be  depriv'd  of 
 his  dominions  without  being  injur'd;  fo  that  if 
 the  firft  aótion  may  pafs  for  a  favour,  tho'  a- 
 gainfì  law,  certainly  the  (econd  is  a  very  great 
 injury. 
 
 All  the  dilTentions  which  have  been,  and 
 are  ftill  in  the  Church,  have  their  fource  front 
 the  new  cuftoms  and  pretenfions  of  the  court 
 of  Rome^  who  would  fain  kt  humane  tra- 
 dition upon  an  equal  foot  with  the  gofpel  of 
 H  Jefm 
 
98      The  Rights  of  Sovereigns. 
 
 Jefus  drift,  becaufe'tis  on  fuch  tradition  that 
 they  found  the  many  prerogatives  of  the  Pope, 
 which  were  entirely  unknown  in  the  pureft 
 times  of  antiquity.  From  hence  comes  that 
 diverfity  in  opinion  between  thofe  who  are  for 
 hearkening  to  tradition,  and  others  who  are 
 fortronfulting  only  the  facred  text,  as  the  foun- 
 tain of  revealed  truth,  becaufe  infpir'd  by  God, 
 and  who  fet  by  tradition  as  a  mere  human  pro- 
 du&ion  ;  for  which  they  are  branded  with  the 
 odious  character  of  heretics  and  fchifmatics. 
 But  the  cafe  would  be  quite  otherwife,  if  the 
 Pope  would  tread  in  the  fteps  of  St.  Te- 
 ter  and  the  other  apofHes,  and  primitive  fa- 
 thers, who  were  infpir'd  by  God  with  a  holy 
 zeal  for  his  glory,  in  comparifon  whereof  they 
 accounted  all  this  world's  honour,  and  even 
 life  itfeif,  as  lefs  than  nothing.  If  the  Pope, 
 I  fay,  would  imitate  their  condud,  I  don't 
 know  one  chriftian  that  would  not  be  afham'd 
 to  deny  him  all  poffible  reverence,  and  the  moft 
 entire  obedience,  I  mean,  to  his  pofitive  laws  ; 
 for  as  to  the  articles  of  faith  which  are  con- 
 formable to  the  fcriptures,  whoever  prefumes 
 to  call  them  in  queftion,  muft  be  heretics  in 
 my  efteem,  as  I  have  already  protefted  more 
 than  once. 
 
 Now,  the  claufe  which  is  fometimes  added 
 to  excommunication,  w&  that  a  prince  ex- 
 communicated (hall  be  depriv'd  of  his  domi- 
 nions, as  a  punifhment  for  his  offence,  that 
 they  filali  devolve  to  the  next  pofTefTor,  and 
 
 that 
 
The  Rights  of  Sovereigns.     99 
 
 th*t  his  fubjetfts  are  thenceforth  abiolv'd  from 
 their  oath  of  fidelity,  and  from  all  obligation 
 of  obedience  to  their  former  fovereign,  was 
 never  prdfiifedy  did  I  fay  ?  no  not  fo  much  as 
 ever  mention  d  in  the  primitive  times.  Lyctifj 
 gitS)  when  tax'd  with  an  omiflion  in  the  com- 
 piling of  his  laws,  becaufe  he  had  prefcrib'd 
 no  punifhment  for  a  parricide,  anfvver'd  that 
 he  did  not  think  it  poffible  for  (o  horrid  a 
 crime  to  enter  into  the  heart  of  man,  becaufe 
 nothing  was  more  contrary  to  human  nature  : 
 Therefore,  I  fay,  'tis  utterly  needlefs  to  rake 
 into  antiquity  for  a  proof  whether  the  Pope 
 may,  or  may  not,  make  ufe  of  this  claufe, 
 fince  'tis  an  innovation  of  but  a  hundred  and 
 fifty  years  ftanding.  Confequently,  if  the 
 moft  holy  Popes  of  antiquity  did  not  inflict 
 fuch  punifhment  for  the  moft  flagrant  crimes 
 that  ever  were  committed  by  princes  in  rebel- 
 lion againft  the  See  of  Rome^  it  muft  be  in- 
 fer'd  as  their  belief,  either  that  they  had  no 
 authority  for  it,  or  that  it  was  unjuft.  I  know 
 fome  will  objeft,  that  thofe  Popes  were  neg- 
 ligent, and  did  not  confider  they  had 
 that  power  ;  but  this  is  a  notion  1  can  never 
 come  into,  becaufe  many  of  them  demon- 
 strated, both  by  their  pradfice  and  dodn'ne, 
 that  they  were  enlightened  by  the  divine  fpirit,- 
 Proceed  we  now  to  examine  the  nature  of  that 
 claufe. 
 
 'Tis  an  augmentation  of  fpiritual  punifti- 
 inent  with  that  which  is  corporal.    But  is  it 
 
 #  2  not 
 
I  OD    The  Rights  of  Sovereigns. 
 
 not  àbfurd  to  make  the  lead  comparifon  \>e- 
 twixt  the  damnation   of  the   foul,  and  the 
 fufferings  of  the  body  ;  the  former  being  con- 
 fiderà as  infinite,  and  the  latter  by  their  own 
 nature  limited  and  temporary?  This  made  our 
 Lord  Grifi  fay,  What  focili  it  frofit  a  wan,  tho 
 hejfculdwin  the  whole  world,  if 'he  lofe  his  foul? 
 What  need  then  is  there  for  adding  the  lofs  of 
 temporal  goods  to  excommunication,  which 
 of  itfelf  deprives  a  man  of  everlafting  glory, 
 by  denying  him  the  facraments,  which  are  the 
 means  and  pledges  thereof?  Is  not  this  actu- 
 ally adding   finite  to  infinite,  which  addition 
 cannot  make  it  more  infinite  than  it  was  be- 
 fore ?  Is  it  not  as  much  as  to  fay  that  the  firft 
 punifhment  is  inefficient  ;  becaufe,  if  it  were 
 Sufficient,  the  addition  would  be  needlefs  and 
 unjuft,  and  would  rather  diminifh.  than  add  to 
 the  weight  of  excommunication?  The  com- 
 mon law  fays,  that  a  judge  may  not  condemn 
 a  criminal  to  corporal  punifhment,  and  to  pay 
 a  fine  for  one  and  the  fame  foot.  If  the  crimi- 
 nal (fays  the  law)  be  guilty  of  fuch  crimes  as 
 deferve  fevere   puniiliment,  the  punifhment 
 filali  be  proportion'd  to  the  guilt.    If  it  be  a 
 petty  crime,  and  the  judge  thinks  fit  to  punifh 
 him  ah  extra,  that  is  to  fay,  by  a  fine,  he  may 
 not  lay  corporal  punifhment  on  him  at  the 
 fame  time,  becaufe  to  fubjedt  the   criminal 
 both  to  corporal  and  pecuniary  punifhment  at 
 once,  would  be  pimifhing  him  t^ro  ways  at  a 
 time.    Now  when  one  mean  is  fufficient  for  an 
 
 end, 
 
The  Rights  of  Sovereigns,  ioi 
 
 end,  'tis  in  no  wife  expedient  to  make  ufe  of 
 two  ;  but  if  the  crime  be  fo  heinous  as  to  de- 
 ferve  the  fevered  punifhment,  i>/2.  death,  it  is 
 frill  more  unjuft  to  add  pecuniary  punifhment  to 
 it;    becaufe  death    makes  fatisfetìion  for  trie 
 greateft  crime  in  nature,    and  the  law  of  God 
 teaches,   that  he  who  if  put  to  death  is  jitfiified 
 from  his  fin.     'Tistrue,  indeed,  that  fometimes 
 the  judges  join  pecuniary  and  corporal  punifh- 
 ments  together;  but  'tis  only  when  the  corporal 
 punifhment  is  unufual,and  lighter  than  what  the 
 law  preferì bes  for  fiich  crime  ;  fo  that  I  afferr, 
 that  when  the  punifhment  is  capital,  the  crimi- 
 nal ought  not  to  be  fined. 
 
 Therefore,  upon    due   examination  of  the 
 matter,    it  will  appear  that  the  Pope  cannot 
 condemn  an  excommunicated  perfon  to  the 
 lofs  of  worldly  goods;  which  may  be  as  fitly 
 compar'd  to  arine,  as  excommunication, which 
 is  the  death  of  the  foul,  to  the  lofs  of  life. 
 Confequently,   when  the  Pope  aóts  otherwife, 
 it  muft  be  allow'd  that  he  either  fets  common 
 law  at  defiance,  or  that  excommunication  is 
 not  really  fo  terrible  a  punifhment  as  is  given 
 out.     Tell  me  not  that  the  Pope  is  above  the 
 law,  and  by  confequence  nor  oblig'd  to  ob- 
 ferve  fuch  forms  ;  for  the   law   is   founded 
 not  only  on  the  civil  power,  but  alfo  on  the 
 law  of  nature,   to  which  all  mankind  is  fub- 
 jefl,  and  which  no  perfon  can  refift  ;  becàufe, 
 according  to  the  order  of  fecond  caufes,  the 
 lav/  of  nature  fupplies  the  place  of  the  divine 
 
 H  3  law. 
 
101    7  he  Rights  of  Sovereigns. 
 
 law.  Befides,  whoever  compliments  a  judge 
 fo  far  as  to  own  him  bound  by  no  rule,  gives 
 him  full  range  to  make  what  criminals  he 
 thinks  fit,  and  to  puniih  the  innocent  at  difcre- 
 tion.  But  our  Lord  Chrtft^  to  avoid  fuch  an 
 imputation,  fays,  I  came  not  to  break  the  Law, 
 bur  to  fullfil  it.  For  my  own  part,  I  cannot 
 help*  comparing  this  complication  of  punifli- 
 nient  to  a  candle  lighted  at  noon-day,  which 
 rather  expofes  the  folly  of  the  perfon  that 
 kindles  it,  than  adds  to  the  light  of  the  fun. 
 But  now  to  argue  de  ?ninore  ad  vidjus.  When 
 a  prelate,  or  the  Pope  himfelf,  excommuni- 
 cates a  private  perfon,  they  never  add  the 
 claufe  of  confifcation  or  lofs  of  goods  ,♦  why 
 then  is  that  claufe  inferted  againft  a  prince,  to 
 whom  greater  refped  is  due  than  to  a  private 
 perfon  ?  Let  it  not  be  faid  that  the  crimes  of 
 a  private  perfon,  and  a  prince,  are  not  weigh- 
 ed in  the  fame  balance  ;  for  I  fliould  have  re- 
 couife  immediately  to  this  certain  axiom,  that 
 God  has  but  one  balance  for  the  crimes  of  all 
 mankind  ;  for  as  the  apoftle  fays,  with  God 
 there  is  no  refpett  of  perfon /,  whether  bond  or  free. 
 It  may  be  objected  perhaps,  that  when  the 
 civil  power  banifhes  a  perfon,  it  commonly 
 adds  the  confifcation  of  eftate.  This  I  own  ; 
 for  banifliment  is  only  an  accidental  punifh- 
 ment,  which  confifts  merely  in  a  perfon's  depri- 
 vation from  the  focicty  of  his  fellow-citizens, 
 and  may  render  that  perfon  more  happy  abroad, 
 than  if  he  ftaid  at  home.    This  made  Ariftides 
 
 fay 
 
*The  Rights  of  Sovereigns.    103 
 
 fay  in  his  exile,    f  crier  airws  nifi  ferii  ffeinut. 
 Now  the  law  puniihes  a  man   in  his  edate, 
 when  it  cannot  come  at  his  body,  by  reafon  of 
 his  abfence  ;  but  'tis  not  fo  in  the  prefent  cafe. 
 The  Pope  has  already  condemn'd  the  criminal 
 to  the  mod  rigorous  punifliment,  in  depriving 
 him   of  the  facraments,  and  driving  him  from 
 the  Church  j  which,  according  to  the  court  of 
 Rome^   carries  along  with  it  the  death  of  the 
 foul.      Therefore  'tis  not  requifite  to  add  the 
 confifcation  of  eftate  to  that  fentence,  becaufe 
 the  death  of  the  foul  is  more  thanfufficient  ia- 
 tisfa&ion  for  the  groffeft  crimes.     Let  it  never 
 be  faid  that  an  excommunicated  perfon  is  as 
 one  condemn'd,  who  has  loft  the  reliih  of  all 
 comfort  in  this  life,  and  may  therefore  be  law- 
 fully depriv'd  of  his  dominions.     This  argu- 
 ment deftroys  itfelf  ;  for  we  know  by  faith, 
 that  all  the  damned  do  not  feel  the  extremeft 
 degree  of  punifliment;    there  being   greater 
 and  lefler  degrees  of  torment  in  hell,  as  there 
 are  different  degree^»  of  glory  in  heaven  ;  from 
 whence  it  follows  by  parity  of  reafon,  that  the 
 extremity  of  punifliment  ought  not  to  be  in- 
 fii&ed,  in  this  world,  for  a  fin  which  is  an  aiilof 
 the  foul,  fince  they  are  not  all  equally  punifli'd 
 for  fuch  fins  in  the  world  to  come. 
 
 But  the  Pope's  condud  would  need  no  bet- 
 ter warrant  than  a  demonftration  that  he  hasre- 
 ceiv'd  worldly  power  from  Chrift;  who,  if  he 
 confer'd  it  on  Peter  and  the  other  apoftles, 
 certainly  did  not  give  it  them  to  make  no 
 
 H  4  ufe 
 
104    T/tf  Rights  of  Sovereigns. 
 
 sfe  of  it.     'Tis  plain  then,  that  if  the  courtiers 
 of  the  Roman  See  could  produce  only   one 
 word  out  of  the  holy  fcriptures,  to  authorize 
 this  important  claim,  it  were  enough  -,  but  fince 
 nothing  like  it  can  be  found  throughout  the 
 whole  Bible,  let  them  not  pretend  to  urge  it 
 with  this  plea,  that  becaufe  Ckrifi  gave  power 
 to  Peter  to  govern  his  Church  ;  and  becaufe, 
 for  the  well  governing  of  it,  'tis  neceffary  to 
 cut  off  the  rotten  members;  therefore  when 
 a  prince  is  excommunicated,  it  were  better  he 
 fhould  ceafe  to  be  a  prince,    be  firip'd  of  all 
 he  has,    and  reduc'd  as  near  as  poffibie  to  no- 
 thing,  that  his  punifhment  may  bea  terror  to 
 others.      This  argument   is  ex*.fi:ly  of  a  fize 
 with  a  very  trite  maxim  at  Rome>  that  a  here- 
 tic ought  either  to  be  converted,   or  burnt. 
 'Tis  not  only  a  Very  fallacious  and  inconclufive 
 way  of  reafoning,  but  injurious  to  mercy,  that 
 mod  glorious  attribute   of  God,   hinders  re- 
 pentance,  and  makes  the  prophet  a  JLr,  by 
 whom  God  declares,  hi  the  day  that  a  wicked 
 man  refurneth  from  his  mickedmfK  all  his  inl- 
 qirùes  xpill  J  not  remember.     The  judgments  of 
 God  are  vaftly  different  from  thofe  of-  men$ 
 but   always  for  the  better  :  For  example,  if  a 
 delinquent  confefleth  his  crimes  to  men,  he 
 expofeth  himfelf  to  condemnation^  but  if  he 
 confeffeth  them  to  God,  he  obtaineth  rorgive- 
 nefs.    Thus,  faith  he,  My  ways  are  not  as  your 
 pays. 
 
 There 
 
The  Rights  of  Sovereigns.  105 
 
 There  are  innumerable  fouls  in  heaven 
 that  were  once  the  vileft  of  finners,  but 
 were  afterwards  juftify'd,  and  now  excel  • 
 in  glory  who  always  preferv'd  their  inno- 
 cence. There  is  greater  joy  in  heave?1  01  * 
 firmer  that  repenteth,  than  over  ninety  c 
 juft  perfons  that  need  no  repent  race.  If  there- 
 fore repentance  gives  luch  a  luftre  to  the  (oul, 
 as  renders  it  more  beautiful  than  it  was  before 
 its  fall,  why  then,  to  apply  it  to  the  prèfent 
 cafe,  may  not  a  prince,  depriv'd  of  his  domi- 
 nions for  a  fpiritual  crime,  which  è  i  /  be 
 repair'd  by  the  contrition  of  the  foul  ;  why,  I 
 fay,  fliould  not  fuch  prince  be  reftor'd  to  his 
 former,  if  not  greater  fplendor,  frhèn&é  re- 
 pents, returns  to  his  duty,  and  defires  to  be 
 readmitted  to  favour?  Tell  me  not  of  his 
 having  fpiritual  grace  alone  ;  for  I  would  fain 
 know  why  he  may  not,  together  wirh  tnat 
 grace,  have  reftitution  alfo  of  hi s  temporali- 
 ties taken  from  him  by  reafon  of  his  olfence, 
 fince  his  converfion  renders  him  the  better  man 
 for  having  offended. 
 
 Pope  Gregory  the  Great  {hewed  this. to  be 
 his  real  fentiment,  when,  like  a  true  penitent, 
 he  cry'd  out,  It  is  good  for  lift;  0  Lxr.L,  that  I 
 have  finned:  When  God  chdftlzed  j-:£,  that 
 eminent  pattern  of  patience,  as  loon  as  he 
 found  himielf  reduc'd  to  the  fevered  extremi- 
 ty, he  was  (o  outragious  as  to  curie  the  very 
 day  of  his  birth,  and  to  tax  GoJ  with  cruelty 
 and  injuftice  ;  but  afterwards,  when  he  came 
 
 to 
 
1 06   *The  Rights  of  Sovereigns. 
 
 to  himfelf,    he  be?'d  pardon,  obtain'd  favour, 
 and  the  Lord  guve  him  twice  as  much  as  he 
 had  before      The  Pope  \  raéts  to  imitate  God 
 in  the  feverity  of  puniihment,  but  not  in  par- 
 doning or  reftoriag  the  offender,  and  only  does 
 it  by  halves  -,  for  when  once  the  dominions  of 
 an  excommunicated   prince  are  become  the 
 poffefiion  of  another,  the  Pope,  with  all  his 
 authority,  cannot  make  him  reftore  them  ;  be- 
 caufe,  if'  the  Pope'o  decree  be  juft,  the  pofTef- 
 for  always  thinks  himfeif  fufficienny  autho- 
 rize to  keep  them   as  his  lawful  property. 
 That  which  involv'd  Judas  in  a  ftate  of  dam- 
 nation,  was  his  defpair  of  ever  obtaining  re- 
 ftoring  grace  for  his  former  crime.    So  the  de- 
 priving a  prince  of  all  poflibility  of  being  re- 
 eftablimd,  is  the  way  to  make  him  defpair  of 
 ever  being  reftor'd  to  favour.  If  the  Pope  pre- 
 tend, in  his  excufe,  that  fuch  prince  ought  to 
 be  very  fpeedy  in  his  obedience,  if  he  would 
 avoid  double  punifliment  :    I  anfwer,   that 
 Chrift  did  not  atì  after  this  manner  j  for  he 
 promifes  to  repair  the  lofs  furfer'd  by  fin,  at  all 
 times,  without  limitation.     And  if  the  Pope 
 replies,    that  he  alfo  makes  all  the  reftitution, 
 in  his  power,  to  fuch  excommunicated  prince, 
 by  reftoring  him  the  pledges  of  divine  favour  : 
 I  anfwer  again,  that  the  holy  father  is  in  the 
 wrong  to  be  the  occafion  of  fuch  loflfes  as  he 
 cannot  repair  ;    for  if  he  would  imitate  God, 
 he  ought  to  know  that  repentance  not  only- 
 wipes  out  all  the  evil  of  fin,  but  alfo  renders 
 
 the 
 
The  Rights  of  Sovereigns.    107 
 
 the  finner  a  better  man  in  the  fight  of  God 
 than  he  was  before  he  had  finned. 
 
 But  now,  under  favour,  we  will  examine 
 both  the  good  and  the  evil  that  attend  iucti 
 excommunications  as  deprive  a  prince  of  his 
 dominions.  The  benefit  which  arifes  fiorn 
 hence  is  twofold,  according  to  them;  for  fitft, 
 fay  they,  the  crime  for  which  ftich  punilhment 
 is  inflitìed,  being  fuppos'd  to  be  very  heinous, 
 the  more  fevere  the  punilhment  is,  the  more 
 it  will  be  proportion 'd  to  the  crime.  Second- 
 ly, if  the  prince  fhould  continue  obftinate  in 
 his  crime,  fuch  fevere  punilhment  will  ferve 
 as  a  continual  fpur  to  urge  him  on  to  confeis 
 his  fault  and  repent.  Thus  the  Nhieviter,  who 
 were  drown'd  in  their  fins,  did  not  repent  till 
 they  were  threatned  with  an  univerfal  confla- 
 gration. They  add  further,  it  ferves  for  a 
 warning  to  others  to  abftain  from  the  like 
 crimes,  left  they  fall  under  the  lame  punilh- 
 ment; Od -runt  -peccare  inali  formi  J  ine  pcen<em 
 The  wicked  are  deter'd  from  fin  by  the  fear 
 of  punilhment.  Thus  far  thefe  gentlemen. 
 But  for  my  part,  I  find  that  vvhat  they  here  call 
 good,  is  attended  with  very  great  evil;  and 
 like  a  drop  of  neat  wine  mixt  in  a  glafs  of 
 poifon,  which  lofés  its  goodnefs,  and  becomes 
 homogeneous  with  the  poifon  itfeif.  For  as  to 
 the  firft  argument,  it  will  eafily  be  demolifh'd 
 by  the  following  reflection,  viz.  that  excom- 
 munication being  a  fpiritual  punilhment  in- 
 fluSed  on  the  foul  of  a  finner,  'tis  undoubted- 
 
io8    The  Rights  of  Sovereigns. 
 
 ly  the  greateft  of  all  punifliments,  fince  'tis 
 a  cutting  off  from  the  body  of  the  Church, 
 and  therefore  it  cannot  be  augmented  ;  where- 
 as the  adding  corporal  punifliment  to  it,  fuppo- 
 ies  that  excommunication  is  not  fo  efficacious 
 as  is  given  out  ;  becaufe  the  joining  of  two 
 punifhments  together,  the  one  fpiritual,  and 
 the  other  temporal,  is  a  fairconfeffion  that  the 
 fpiritual  is  not  fufficientj  for  a  remedy,  that 
 will  do  of  itfelf,  is  never  compounded  with  an 
 auxiliary. 
 
 As  to  the  other  advantage,  which,  fay  they, 
 flows  from  this  two-fold  punifliment,  fiiz. 
 that  it  fpurs  the  criminal  to  repentance  $  I  re- 
 fer them  to  their  own  argument  $  from  whence 
 it  muft  be  infer'd,  that  fuch  converfion  is  not 
 the  effefl  of  punifliment  already  infii&ed,  but 
 of  more  which  is  threatned  :  For  example, 
 the  Nmevìtes,  when  threatned,  repented  ;  but 
 the  people  of  Pentapolis*,  when  punifli'd,  died 
 without  remedy  ;  fo  Fkaraoh>  the  more 
 plagues  Mofes  brought  upon  his  land,  the 
 more  he  harden'd  his  heart.  Would  to  God 
 that  the  Popes  had  been  more  cautious  and  de- 
 liberate in  excommunications  of  this  nature; 
 they  would  have  been  flill  fovereign  Pontiffs, 
 whereas  they  are  now  no  more  than  bilhops, 
 and  fuch  bilhops  too  that  are  delpiied  and  ab- 
 horred as  antichrifts.  The  truth  is,  that  after 
 all  they  have  advanc'd,  where  one  excommu- 
 nicated perfon  has  been  converted,  there  are 
 ten  who  have  pufh'd  their  difobedience  to 
 
 apoftacy. 
 
The  Rights  of  Sovereigns.   109 
 
 apoftacy  ;  fuch  is  the  condition  of  the  damned, 
 whobeich  out  the  moft  horrid  blafphemies; 
 having  no  greater  torments  to  fear,  nor  pardon 
 to  expert;  and  fuch  is  the  corruption  of  our 
 nature,  that  we  are  prone  to  render  evil  for 
 evil. 
 
 When  the  Pope  excommunicates  a  prince, 
 and  deprives^  him  of  his  dominions,  he  cannot 
 make  his  condition  worfe,  for  he  deprives  him 
 of  fpiritual  and  temporal  life  both  together. 
 To  be  fure  then,  fuch  prince,  if  he  were  able, 
 would  deftroy  the  Pope  and  papacy  with  all 
 his  heart  ;  nay,  would  do  worfe,  if  worfe 
 could  be.  When  Luther  was  excommunicated, 
 he  had  only  preach'd  againft  indulgences  ->  but 
 after  his  excommunication,  he  publifh'd  above 
 a  hundred  propofitions  againft  the  Roman  Ca- 
 tholic faith,  and  the  Pope's  authority.  When 
 Henry  Vili,  was  excommunicated  lor  the  di- 
 vorce of  Catharine  of  Arragon,  he  and  all  his 
 kingdoms  apoftatiz'd  from  the  Church,  and 
 became  the  fliarpeft  perfecutors  of  the  papacy, 
 to  which  they  had,  till  then,  been  devout  tri- 
 butaries. Let  no  one  therefore  boaft  of  the 
 good  effetìs  of  excommunication,  becaufe  the 
 luccefs  of  the  jufteft  punifliment  depends  en- 
 tirely upon  the  good  dilpofition  of  the  peribn 
 correded. 
 
 How  many  canonical  punifliments  are  now 
 out  of  ufe,  becaufe  the  pious  zeal  of  the  peo- 
 ple, who  even  courted  martyrdom,  is  cool'd 
 in  the  fame  proportion  as  the  perfonal  fanótity 
 
 of 
 
ilo  The  Rights  of  Sovereigns. 
 
 of  the  Popes  is  diminifli'd  ?     And  it  will  be 
 juft  fo  with  excommunication,  when  once  it  is 
 attended  with  the  deprivation  of  dominions. 
 Who  knows  what  may  be  the  dreadful  confe- 
 rences of  fuch  a  claufe?   What  defolations 
 and  plunderings?  How  many  maffacres  of  the 
 innocent?    How  many  rapes  and  burnings? 
 What  rapine  and  violence?  If  fuch  are  the 
 means,  what  will  the  end  be?   It  will  be  in 
 vain  to  pretend  that  fuch  dominions  are  tranf- 
 fer'd  into  the  hands  of  a  prince  more  pious 
 and  obedient.     We  mufl  not  do  evil^  that  good 
 may  come  on  it.    But  this  is  not  all  yet  ;  who 
 knows  what  disturbances  may  happen  in  the 
 recovery  of  fuch  loft  dominions  ?  It  cannot 
 be  expetìed  that  fuch  an  undertaking,  as  the 
 feizing  a  prince's  dominions^    will  always  be 
 attended  with  the  fame  eafy  fuccefs,  as  when 
 the  king  of  Navarre  was  depriv'd  of  his  do- 
 minions.    For  at  that  time  the  very  novelty  of 
 the  attempt  frightned  that  unhappy  prince's 
 fubjeóls,  who,  rather  than  be  put  under  the 
 curie,    fubmitted  to  the  ufurper  without  re- 
 fiftance.  But  now  people's  eyes  are  open'd,  and 
 perfons  of  the  meaneft  rank  can  difpute,  and 
 prove,  that  the  Pope  has  exceeded  his  autho- 
 rity ;  and  that  if  chriftians  are  oblig'd  to  obey 
 the  Pope  in  matters  of  faith,  they  are  equally 
 oblig'd  to  fpend  their  lives  in  defence  of  their 
 prince  and  country.     In  fliort,  if  man  was  fo 
 wife  as  to  forefee  contingencies,  I  cannot  but 
 think,   that  if  a  Pope  forefaw  the  misfortunes 
 *  which 
 
The  Bights  of  Sovereigns.    1 1 1 
 
 which  fuch  condud  would  occafion,  tho'  in  his 
 confcience  he  thought  he  had  the  jufteft  realbn 
 for  it  in  the  world,  he  would  tremble  with 
 horror,  as  the  ele<ft  will  in  the  laft  day  of 
 judgment  at  their  neighbour's  condemnation, 
 tho'  they  are  fecure  of  being  fav'd  themfelves. 
 Thefe  are  the  reafons  produc'd  to  juftify  the 
 conduct  of  the  court  of  Rome^  in  point  of  ex- 
 communication, becaufe  there's  no  paffoge  in 
 the  gofpel  on  which  it  can  be  clearly  efta- 
 bliflied  ;  and  tho'  fomething  like  it  may  be 
 found  there,  it  muft  be  underftood  in  a  re- 
 ftrain'd  fenie  ;  for  the  gofpel  fays,  If  time  eye 
 offend  thee>  pluck  it  out.  But  where 's  the  man 
 that  obeys  this  command  in  the  letter  ?  Or 
 where's  the  Pope,  who,  tho'  as  liable  to  vice 
 as  other  men,  plucks  out  his  eyes  or  his  ears, 
 that  are  commonly  the  inlets  oi  fin  ?  Surely 
 then  there  is  much  leis  reafon  to  do  a  thing 
 which  has  no  manner  of  precedent  ;  for  in  odi- 
 ofis  non  eft  ampliandiun.  When  Chrift  gave 
 commiflion  to  the  difciples  to  go  and  convert 
 the  Gentiles,  he  told  them  exprefly,  that 
 wrhereever  the  people  did  not  receive  nor  hear 
 them,  they  fliould  depart  thence,  and  fhake 
 off  tne  very  duft  from  their  feet,  as  a  teftimo- 
 ny  that  they  would  have  nothing  more  to  do 
 with  them  :  So  when  he  prefcrib'd  them  the 
 rules  of  brotherly  correction,  he  told  them  it 
 ought  to  be  done  with  modes  and  forms,  and 
 that  if  a  perfon  did  not  amend  after  admoni- 
 tion,  they  fliould  account  him  as  a  heathen 
 
 and 
 
1 1 1    The  Rights  of  Sovereigns. 
 
 £nd  a  publican.  In  fhort,  I  never  could  find 
 that  our  Saviour  infiided  any  temporal  punifh- 
 ment  on  the  iroft  ohftinate  /inner.  But  the 
 Popes  have  atìed  far  differently.  Hiflory  tells us, 
 Pius  V.  who  was  a  Pope  of  a  holy  life 
 and  convention,  threatned  the  emperor  MaU 
 r  to  depoje  him,  as  having  forfeited  the 
 -.rial  government,  if  he  did  not  revoke  a 
 certain  decree  which  he  had  paffed  againft  the 
 eccl,efiafl:ical  liberties.  But  here  are  two  things 
 to  be  confiderai,  firft,  that  he  threatned  him, 
 and  that  was  all  ;  now  fuch  a  menace  is  better 
 than  putting  it  in  execution.  Secondly,  that 
 tho'  he  had  deprived  that  emperor  of  his  dig- 
 nity, he  would,  by  io  doing,  have  only  exer- 
 ciied  an  ad:  ..porai  authority,    which  the 
 
 Popes  have  over  the  emperor,  tho'  not  de 
 jure,  yet  at  leaft  de  fatto  &  de  confuchidine, 
 and  by  confent  of  the  parry  ;  for  'tis  owing  to 
 the  Popes  that  the  empire,  which  paffed  from 
 the  eaft  to  the  weft,  and  firft  into  France,  is  at 
 this  day  fix'd  in  Germany  ;  and  'tis  no  lefs  ow- 
 ing to  the  indulgence  of  the  Popes,  that  the 
 imperial  government,  which  was  at  firft  elec- 
 tive, ^became  afterwards  fucceffive.  From 
 hence  it  follows,  that  they  have  as  much  right 
 to  depofe  him,  as  any  private  man  can  have  to 
 make  void  a  grant  ìor  the  ingratitude  of  the 
 perfori  to   whom   be  it.     But  to   take 
 
 away  the  dopi  of  a  rvw  prince,  who  de- 
 
 rivei  his  powej  -d  lately  from  God  alone, 
 
 without  being  obiigM  to  the  leali  favour  from 
 
 the 
 
The  Rights  of  Sovereigns.     113 
 
 the  Pope,  for  his  eftablifhment,  is  crying  in- 
 juftice.  Therefore  let  the  See  of  koine  be 
 contented  with  the  power  of  excommuni- 
 cation, which  is  great  enough  in  confcience, 
 and  let  them  keep  as  much  as  poffible  within 
 the  bounds  of  the  eeciefiaftical  monarchy, 
 which  is  purely  fpiritual,  without  being  io 
 vain  as  to  imagine  that  a  chriftian  prince,  tho* 
 difobedient,  may,  for  the  edification  of  the 
 Church,  be  lawfully  depriv'd  of  his  domi- 
 nions ,•  for  St.  Peter  himfelf,  whom  the  Popes 
 ought  to  propofe  for  their  pattern,  fays,  Ho- 
 nour the  king.  Servants  be  fubjett  to  your 
 viafters  with  all  fear  ;  not  only  to  the  good  and 
 courteous,  but  alfa  to  the  froward.  For  this  is 
 thank-worthy,  &c. 
 
 If  St.  Peter,  who  prefcrib'd  this  fubmiffioft 
 to  the  fecular  power,  had,  in  his  confcience, 
 thought  it  lawful  to  treat  temporal  princes,  in 
 any  cafe,  with  fo  much  feverity,  ftirely  he 
 would  not  have  been  filent  in  a  point  of  fuch 
 importance  as  this.  Mean  time  he  is  fo  far 
 from  approving  it,  that  he  recommends  the 
 obfervation  of  a  precept  the  very  reverfe  to  it, 
 I  mean,  abfolute  fubmiffion.  From  hence  I 
 conclude,  that  fince  Peter  did  not  believe  fuch 
 conduct  equitable  in  itfelf,  or  even  confiftent 
 with  the  papal  function,  it  ought  not  to  be  in- 
 troduce by  the  means  of  human  tradition  -, 
 which,  as  I  have  faid  already,  has  been  the 
 fource  of  numerous  difputes,  and  given  birth 
 to  their  opinion,  who  accufe  the  Pope  of  af- 
 
 I  fuming: 
 
114     The  Rights  of  Sovereigns. 
 
 fuming  more  authority  than  St.  Peter.    Haviflg 
 faid  enough  on  this  point,  we  difmifs  it. 
 
 CHAP.     VI. 
 
 7h ether  excommunication  is  jufily  in- 
 cur d  by  infringing  ecclejiaftical 
 liberty  : 
 
 FO  R  the  better  foiution  of  this  queftion, 
 'tis  necefTciry  to  diftinguifh  that  ecclefi- 
 aftical  liberty  is  violated  fometimes  by  private 
 perfons,  and  fometimes  by  fovereigns  :  If  by 
 a  prince,  it  may  affetì  either  the  perfons  of  ec- 
 clefiaftics,  or  their  eftates  ,-  the  former,  by 
 hindring  them  in  the  exercife  of  their  func- 
 tions, or  when  they  concern  themfelves  not 
 as  ecclefiaftics,  but  as  private  perfons,  in  af- 
 fairs out  of  the  jurifdidion  of  ecclefiaftics  ;  the 
 latter,  by  cutting  off  the  clergy's  tenths,  and 
 the  like  grievances.  I  thought  this  refk&ion 
 very  neceffiry  for  deciding  feveral  queftions, 
 which  will  occur  hereafter,  and  cannot  bedif- 
 cufled  afunder,  becaufe  of  the  relation  they 
 have  to  one  another. 
 
 When  an  injury  is  done  by  a  private  perfon 
 to  ecclefiaftical  liberty,  in  refpeól  either  to 
 eftates  or  perfons,  the  prelate  may  with  juftice 
 proceed  againft  him,  even  to  fentence  of  ex- 
 
 com- 
 
T/tf  Rights  of  Sovereigns.     115 
 
 communication,  if,  after  he  has  twice  admo- 
 niflx'd  him,  the  criminal  obftinately  per/ifts  in 
 the  violation  of  fuch  liberty,  or  offers  no  ex- 
 cufe,  efpecially  when  the  injury  is  important 
 and  notorious  ;  I  fay,  if  the  injury  be  impor- 
 tant and  notorious  ;  becaufe,  tho'  it  be  mani- 
 feft,  and  yet  trifling,  the  prelate  ought  to  re- 
 member the  decree  of  the  Council  of  Worms  $ 
 formerly  mention'd  ;  which  orders,  that  no  per- 
 fon  fiali  be  excommunicated  for  a  trivial  caufe  : 
 I  add,  that  the  bifliop  may  lawfully  inflift 
 this  punifliment  for  the  injury  done,  as  well 
 to  the  eftates  as  perfons  of  the  clergy,  becaufe 
 private  men  are  oblig'd  to  refpeft  both  alike. 
 If  a  perfon  is  convi&ed  *  of  a  defign  upon  the 
 life  of  an  ecclefiaftic,  he  incurs  excommuni- 
 cation ipfo  fatfo^  without  previous  admoni- 
 tion ;  which  is  not  neceflary  in  this  cafe,  eve- 
 ry one  being  fufficiently  forewarn'd  in  law  not 
 to  attempt  the  life  of  a  clergyman  ;  fo  that 
 whoever  ftrikes  a  clergyman,  is  as  much  ex- 
 communicated as  if  fentence  were  actually  paf- 
 fedagainft  him^  and  publifh'd.  Neverthelefr, 
 I  muft  not  forget  to  take  notice,  that  cafes  of 
 feltdefence  ought  always  to  be  excepted  $  for 
 if  it  be  decided  that  a  prieft,  who,  going  to 
 celebrate  mafs,  kills  a  man  in  his  own  de- 
 fence>  cum  moder Amine  inculpate  tutele,  is  not 
 only  exempt  from  the  breach  of  the  canon 
 againft  homicide,  but  from  the  very  imputa- 
 tion of  fin  ;  fo  that  he  may  approach  the  attar 
 with  nnwafh'd  hands,  and  legally  celebrate 
 I  a  mafs  ; 
 
lid     The  Rights  of  Sovereigns. 
 
 mafs  ;  and  all  this  becaufe  felf-defence  is  au- 
 thorized by  a  law  of  nature,  not  made,  but 
 implanted  in  our  very  beings,  and  from  which 
 no  other  law  can  derogate  ;  we  have  the  fame 
 reafon  to  make  this  exception  at  another  time 
 in  favour  of  the  laity,  who,  being  not  fo  fìritì- 
 ly  oblig'd  as  the  clergy  to  fubmit  to  the  ca- 
 nons, are  more  at  liberty  to  obey  this  law  of 
 nature. 
 
 It  ought  alfo  to  be  confider'd,  in  regard  to 
 the  conduft  of  a  private  perfon,  who  violates 
 the  ecclefiaflical  liberties  with  relation  ta 
 eftates,  that  if  his  attempt  be  barely  injurious, 
 he  deferves  the  ecclefiaftic  cenfures  ;  but  with 
 this  precaution  before-mention'd,  that  fuch  cen- 
 lures  be  preceded  with  two  admonitions. 
 Now  if  the  criminal,  after  the  faid  admoni- 
 tions, offers  no  plea  in  excufe  for  his  conduct, 
 and  adually  perfifts  in  his  attempt,  it  ought 
 certainly  to  be  deem'd  injurious  ;  but  on  the 
 other  hand,  if  he  protefts  again!!:  the  admoni- 
 tion, pretending  to  have  aóted  jure  proprio,  and 
 by  virtue  of  fonie  title,  be  it  what  it  wMy 
 then  the  ecclefiaflics,  whom  it  concerns,  fliall 
 not  fummon  fuch  laymen  before  the  ecclefi- 
 afticai  court,  but  before  the  fecular  tribunal, 
 which  fliall  judge  of  the  validity  of  the  pre- 
 tended title  ;  for  'tis  a  rule  in  law,  that  the 
 plaintiff  or  proiecutor  bring  his  ^tìion  in  that 
 court  to  which  the  defendant  belongs.  Thus 
 for  example  ;  if  a  Venetian  has  any  demand 
 upon  a  citizen  of  Bergamo,  he  mtift  bring  his 
 
 a&ion 
 
*rht  Rights  of  Sovereigns.     117 
 
 action  againft  him  at  Bergamo,  and  not  cite 
 him  to  appear  at  Venice.  If  indeed  lb  much 
 time  is  fpent  in  proving  the  title  as  renders  the 
 fait  tedious,  then  excommunication  may  be 
 publifli'd  ;  but  if  it  be  publifli'd  before  fuch 
 proteftation,  all  the  confequences  of  it  ought 
 to  be  fufpended  ,  for  the  delinquent  can- 
 not be  deem'd  contumacious  while  his  injury 
 does  not  appear  ;  and  if  not  contumacious,  he 
 cannot  be  fubjctì  to  excommunication.  'Tis 
 needlefs  to  dwell  longer  upon  thefe  confede- 
 rations, which  are  not  fo  much  as  controver- 
 tible, if  the  jurifdi&ion  of  the  judge,  which 
 ufes  to  be  difputed,  be  not  refus'd,  or  call'd  in 
 queftion. 
 
 If  a  fovereign  prince  breaks  in  upon  eccle- 
 fiaftical  liberty,  we  have  already  obferv'd, 
 that  diftindion  ought  to  be  made  between 
 eftates  and  perfons  ;  if  a  feizure  be  made  of 
 eftates,  there  fliould  be  another  diftinétion  be- 
 tween the  tenths  and  other  ecclefiaftical 
 eftates.  Every  thing  relating  to  the  tenths 
 fliall  be  refer'd  to  its  proper  head,  and  the 
 power  of  a  prince  to  feize  them,  fliall  be  the 
 fubjcft  of  the  tenth  chapter.  Therefore,  if  a 
 prince  lay  hands,  not  upon  the  tenths,  but 
 other- eftate  of  the  clergy,  and  feize  it  for  the 
 good  of  the  publick;  for  inftance,  if  he  make 
 ufe  of  the  Church-lands  for  building  a  wall, 
 making  ditches  about  a  city,  or  trenches  for 
 the  paffuge  of  a ■  river,  or  canal,  or  any  thing 
 elfe  for  the  publick  good  and. fafety  ;  tho'  fuch 
 
 I  3  fove- 
 
1 1 8     The  Rights  of  Sovereigns. 
 
 fovereign  refufe,  after  the  Pope's  admonition,  to 
 reflore  tbofe  lands,  whatever  ceniure  he  may 
 deierve  in  other  cafes,  he  incurs  none  in  this, 
 becaufe  it  falls  under  the  law  of  necefiary  de- 
 fence, which,  I  have  already  fhewn,  is  except- 
 ed out  of  this  queftion.  But  if  a  fovereign 
 prince  ufurp  the  eflates  of  the  clergy,  with  no 
 
 ler  view  but  to  fill  his  own  coffers,  to  furnifh 
 him  diverfion,  to  pamper  his  luxury,  or  to 
 maintain  the  fplendor  and  vain  pomp  of  his 
 court  ;  notwithflanding  all  that  has  been  faid 
 to  prove  that  the  authority  of  the  Pope  over 
 princes  is  purely  fpiritual,  and  confequently 
 that  they  are  accountable  to  God's  tribunal 
 only  for  their  crimes  ;  yet,  for  all  this,  I  fay, 
 that  fuch  prince  deferves  excommunication, 
 becaufe  the  power  given  to  the  Pope  by  thrift 
 himlelf  to  feed  the  chriftian  flock,  includes  in 
 it  an  obligation  to  defend  the  ecclefiaftics  in 
 the  peaceable  enjoyment  of  their  temporal 
 maintenance,  that  they  may  be  the  better  pre- 
 pared to  perform  the  offices  of  the  priefthood, 
 and  to  distribute  that  bread,  which  is  the  chief 
 and  truly  celeftial  nouriihment. 
 
 It  cannot  be  deny'd  that  the  ufe  the  prince 
 makes  of  the  eftate  of  the  clergy  which  he 
 feizes,  may  either  diminilh,  or  augment  the 
 nature  of  his  crime.  We  read  that  Herod, 
 king  of  the  Jezv.^  lent  fonie  of  his  confidents 
 to  the  tomb>  of  David  and  Solomon^  to  carry 
 away  the  facred  treafures,  which  were  there 
 repofited  ;    and  a  fudden  iiuih  of  fire  came 
 
 out 
 
The  Rights  of  Sovereigns.     1 1  o 
 
 out  of  the  tomb  and  confum'd  them.     But 
 king  Hyticanm,   who,  fome  time  alter,  took 
 three  hundred  talents  out  of  thofe  tombs,  to 
 buy  a  Peace  from  the  king  of  Egypt,  came  to 
 no  harm,  nor  thofe  whom  he  fent  with  that 
 commiffion.     God  was  pteas'd  to  make  it  ap- 
 pear by  this  variety  of  fuceefc,  that  the  end 
 and  defign  which  a  perfon  propofe    is  always 
 more  to  be  regarded  than  the  a&ion  itfeJf,  be- 
 caufe  the  former  renders  the  latter  either  good 
 or  evil.     Very  pertinent  to  this  purpofe,  1  re- 
 member a  laudable  a&ion  of  Pope  John  IV. 
 whofe   Memory   I    therefore    revere.      This 
 Pope  made  no  fcruple  to  /trip  all  the  Churches 
 of  Rome  of  their  mod:  precious  ornaments,  for 
 redeeming  a  number  of  chriftian  fLves  from 
 the  infidels,  remembring  from  the  Revelations, 
 that  thofe  animated  ftones  were  the  truly  pre- 
 cious ftones,  which  were  to  go  towards  the 
 building  of  the  heavenly  Jcrufakm.   A  prince 
 may  be  faid  to  make  an  attempt  againfteccie- 
 fiaftical  liberty,  with  refpetì  to  peribns,  when 
 he  molefts  the  Clergy,  either  in  the  exercife 
 of  their  functions,  or  in  atìions  which  they  do> 
 not  as  priefts,  but  as  ordinary  perfons.     If  a 
 prince  difiurbs  a  clergyman  in  his  prieftly  cha- 
 racter or  functions,  he  deferves  excommunica- 
 tion (provided  two  admonitions  be  given  in 
 the  firft  place)  for  'tis  faid,  Touch  not  my  anoint ■+ 
 ed:  Now,  by  the  word  anointed,  all  thofe  are 
 underflood  who  are  anointed,   or  confecrated 
 by  divine  ordination.     Lut  this  point  deferves 
 
 I  4  parti- 
 
1 20     The  Rights  of  Sovereigns. 
 
 particular  regard,  and  the  niceft  examination, 
 in  order  to  avoid  miftakes  on  either  fide. 
 
 A  prince  neither  can,  nor  ought  to  concern 
 himfelf  with  the  functions  of  the  priefthood, 
 which  is  an  office  above  the  fecular  power  ;  nei- 
 ther is  it  his  bufine fs  to  introduce  new  rites,  or 
 new  modes  of  performing  the  offices  of  a  pried, 
 this  being  a  point  referv'd  to  the  Pope  and 
 Church  alone.  But  if,  for  juft  reafons,  a  prince 
 commands  the  priefts  to  perform  their  func- 
 tions in  the  ordinary  way,  this  cannot  be  cal- 
 led an  infringement  of  ecclefiaftical  liberty, 
 but  rather  an  encouragement  and  protection  of 
 it  ;  and  no  man  in  his  right  fenfes  could  reckon 
 it  criminal  in  a  governor,  or  other  fecular  ma- 
 giftrate,  much  lefs  a  prince,  to  bid  his  chap- 
 lain, when  he  celebrates  mafs,  do  it  in  the  com- 
 mon way. 
 
 If  a  prince  infringes  the  liberty  of  ecclefi- 
 aftics,  for  aótions  which  they  do,  not  as  priefts, 
 but  as  laymen,  he  is  undoubtedly  fo  far  from 
 incurring  excommunication,  that  he  is  not  in 
 the  lead:  blameable  ;  for  tho'  the  prelate  is  not 
 iubjecft  to  the  fecular  power  in  his  quality  of 
 pried,  yet  when  he  commits  any  worldly,  civil, 
 or  fecular  a&ion,  he  is  forthwith  fuppoò'd  to 
 ad:  as  a  layman,  and  confequently  refponfible 
 to  that  prince  who  is  lord  of  all  that  are  born 
 within  his  dominions.  All  ecclefiaftics  are  ob- 
 lig'd  to  obey  the  common  laws  of  their  coun- 
 try, and  the  prohibitions  which  the  prince 
 thinks  fit  to  ifiue  for  the  well-governing  of  his 
 1  :  domi- 
 
The  Rights  of  Sovereigns.     1 2 1 
 
 dominions.  For  inftance,  if  a  prince  forbid 
 his  fubjedts  from  trading  in  fait,  or  prohibit  all 
 commerce,  or  intercourfe,  with  the  dominions 
 of  a  neighbouring  prince,  it  would  be  ridicu- 
 lous for  ecclefiartics  to  plead  the  privilege  of 
 their  order  for  an  exemption  from  thefe  obliga- 
 tions. A  prince  would  have  but  the  fhadow 
 of  power,  if  he  muft  be  oblig'd  to  the  pre- 
 lates approbation,  before  he  can  make  a  decree 
 that  includes  the  clergy  as  well  as  his  other 
 fubje&s.  The  prince  demands  to  be  obey'd  on 
 this  occafion,  not  by  the  order  of  priefthood, 
 but  by  the  perfons  therewith  inverted.  It  might 
 be  here  expelled,  perhaps,  that  1  fhould  ex^ 
 amine  whether,  when  ecclefiartics  are  punifh- 
 abie  for  fecular  atìions,  their  lay  fovereign  has 
 a  right  to  judge  them  ì  But  1  refer  this  inqui- 
 ry to  its  proper  head,  viz.  the  Xith  Proposi- 
 tion. But  obferve,  by  the  way,  that  I  fpeak 
 of  fecular  anions  only  ;  for  if  an  ecclefiafttc 
 renders  himfelf  criminal  in  adminiftring  the  fa- 
 craments,  or  in  his  other  lacred  functions,  he 
 would  be  accountable  to  none  but  an.ecclefi- 
 aftic  judge,  who  is  alone  capable  and  autho- 
 rize to  take  cognizance  of  his  fault. 
 
 Another  remark  is  very  neceflary  in.  this 
 place,  t/2.  that  all  this  authority  here  afcrib'd 
 to  fecular  princes,  over  the  ecclefiafiics,  muft 
 be  underftood  only  of  princes  who  are  invert- 
 ed with  the  royal  or  fu  preme  dignity  ;  for  if 
 lie  be  of  an  inferior  rank,  if  he  be  only  a  feu- 
 datory prince,  his  authority  will  not  be  near 
 
 fo 
 
121     The  Rights  of  Sovereigns. 
 
 fo  extenfive  ;  for  fuch  hold  their  fovereignty 
 not  jure  proprio,    but  jure  adventitio,  and  are 
 as  the    reprefentatives  of  another    fuperior 
 prince  ;  and  in  this  refpeft,  having  their  hands 
 ty'd  up  from  making  new  laws  and  orders, 
 they  muft  be  content  with  thofe  that  were  in 
 force*  either  when  the  government  was  con- 
 iign'd  to  them,  or  at  the  time  of  their  accef- 
 fion.     But  if  it  happens  tha£  by  the  change  of 
 the  times,  or  unexpe&ed  accidents,  fuch  fubor- 
 dinate  princes  think  fit  to  make  new  laws,  or 
 to  derogate  from  old  ones,  they  are  oblig'd  to 
 have  the  confent  of  the  Jord  of  the  fief,  or 
 fome  other  perfon  or  Council,  from  whom 
 they  receiv'd  their  inveftiture  ;  fo  that  if,  on 
 fuch  occasions,  they  themfelves  violate  eccle- 
 fiaftical  liberty,  they  well  deferve  to  be  cen- 
 fur'd,  becaufe  they  want  the  privilege  of  fo- 
 vereign  authority  to  proteft  them.      Some 
 perhaps  will  accufe  this  diftinóiion  of  fulfome 
 flattery  towards  thofe  who  enjoy  that  privi- 
 lege, and  as  an  infult  on  thofe  who  are  de- 
 prive of  it  ;  but  let  fuch  remember  that  my 
 authority  for  this  is  the  Council  of  Trent  , 
 where,  in  more  places  than  one,  there  are  ex- 
 ceptions in  favour  of  an  emperor,  a  king,  and 
 all  that  are  inverted  with  fovereignty,  where- 
 as there  is  not  one  in  favour  of  inferior  prin- 
 ces, who  have  only  the  title  of  petty  fove- 
 reigns. 
 
 Befidesthe  violation  of  ecclefiaftical  liberty, 
 which  a  fecular  prince  may  commit,  with  re- 
 
 fpeft 
 
T/tf  Rights  of  Sovereigns.     1 1 3 
 
 ipe<3  either  to  perfons  or  eftates,  he  may  like- 
 wife  violate  the  privilege  or  immunity  of  con- 
 fecrated  places.  Indeed  a  great  refpeói  ought 
 to  be  paid  to  thofe  places,  as  they  belong  in  a 
 fpecial  manner  to  God  ;  and  they  are  not  fub- 
 je&tothe  diftinftion  we  madéuieof  with  re- 
 gard to  his  minifters,  whofe  acftions  are  fome- 
 times  holy,  and  at  other  times  profane.  For 
 thofe  places  are  always  facred,  be  they  pro- 
 faned never  fo  often.  We  read  of  Afylums  in 
 all  ages  and  countries.  Under  the  old  law, 
 cities  of  refuge  were  conftituted  by  divine  ap- 
 pointment in  every  tribe,  where  criminals 
 might  flicker  themfelves  from  the  purfuit  of 
 juftice.  The  capitol  was  vefted  with  the  fame 
 privilege  in  old  Rome,  and  the  pagans  thought 
 they  honour'd  their  Jupiter  by  giving  him  the 
 title  of  Capitolinus.  In  the  fucceeding  ages, 
 thofe  who  fled  only  to  fome  ftatue  of  their 
 prince,  enjoy 'd  the  like  privileges.  In  the 
 hiftory  of  Alexander  the  Great,  we  read  of  an 
 order  that  prince  gave  to  Megabizes,  that  if  he 
 could  apprehend  a  certain  notorious  criminal, 
 he  fhould  bring  him  t@  exemplary  juftice,  but 
 with  a  caution  not  to  hurt  him,  if  he  had  ta- 
 ken fantìuary  in  an  Afylum.  And  while  En- 
 gland was  in  the  Roman  Catholic  Church,  the 
 hiftory  of  thofe  times  makes  mention  of  the 
 famous  fantìuary  at  Weftimnfter,  which,  ac- 
 cording to  tradition,  was  the  refidence  of  an- 
 gels. In  fliort,  confecrated  places  have  al- 
 ways enjoy'd  this  franchife,  and  a  prince  who 
 
124     The  Rights  of  Sovereigns. 
 
 refolutely  goes  about  to  violate  it,  deferves 
 all  the  eccleiiaftical  cenfures,  and  becomes 
 highly  guilty  before  God's  tribunal,  who  has 
 always  fhe wn  himfelfa  jealous  guardian  of  the 
 immunities  of  fuch  places.  Among  the  cafes 
 of  confcience,  this  is  one,  that  the  minuteft 
 robbery  committed  in  the  Church  is  heinous 
 facrilege  ;  and  every  private  perfon  who  vio- 
 lates the  freedom  of  a  confecrated  place,  on 
 any  pretence,  be  it  never  fo  flight,  not  only 
 falls  under  the  ecclefiaflical  cenfures,  but  is  ac- 
 countable for  the  crime  to  the  fecular  tribu- 
 nal, and  ought  to  fuffer  punifliment.  Yet  for 
 all  this,  it  mufi  be  obferv'd  that  this  propo- 
 fition,  relating  to  the  immunity  of  places  con- 
 fecrated, is  not  fo  univerfal,  but  that  'tis  ma- 
 ny times  liibjed  to  exception.  The  canon 
 law  mentions  twelve  cafesD  in  which  perfons 
 are  not  oblig'd  to  regard  fuch  immunity. 
 Thefe  cafe^  include  fuch  enormous  and  hei- 
 nous crimen  for  which  chrifiian  charity  can- 
 not, poffibly  grant  a  fafeguard  to  miicreants, 
 that  are  unworthy  of  human  fociety.  This 
 exception  is  founded  uppn  a  fuppofition,  that 
 it  would  be  a  greater  ih  againft  God  to  fuffer 
 enormous  crimes  to  go  unpunifh'd,  than  to 
 violate  the  immunity  of  fucii  places  i  for  the 
 faid  ad  is  not  accounted  a  criminal  violation, 
 when  'tis  done  to  obviate  a  greater  crime.  So 
 a  furgeon,  who  takes  away  the  life  of  a  man  by 
 cutting  off  a  limb,  is  not  liable  to  be  punifli'd 
 a  murderer,  becaufe  he  propqs'd  to  cure 
 
 him 
 
The  Rights  of  Sovereigns.     ll$ 
 
 him  by  that  operation,  and  not  to  kill  him. 
 Since  then  thePartizaw,  even  of  the  court  of 
 Rome,  do  allow,  that  there  are  cafes  which  do 
 not  oblige  to  the  obfervance  of  ecclefiaftical 
 immunity,  I  will  venture  to  affirm,  that  be- 
 fides  thofe  twelve  cafes,  a  fecular  prince  may 
 (et  himfelf  above  the  laws  in  numberlefs 
 other  cafes,  of  equal  importance,  not  provi- 
 ded for  by  the  law  ;  for  there  are  more  cafes 
 than  laws  -,  and  let  a  legiflator  be  never  fo 
 exaóì,  'tis  impoffible  but  that  an  infinite  num- 
 ber of  other  accidents  will  efcape  his  exaft- 
 nefs  ;  for  all  thefe  different  cafes  are  fo  nume- 
 rous, that  a  man  may  as  well  number  the 
 grains  of  find  on  the  fea-fhore,  as  pretend  to 
 reckon  them.  Therefore,  if  a  prince,  in  a 
 cafe  that  is  altogether  new,  but  important, 
 fliall  negleét  the  obfervation  of  this  immu- 
 nity, he  is  not  liable  to  excommunication, 
 tho'  another  perfon  Jhould  think  the  cafe  to  be 
 of  no  importance  ;  for,  provided  a  man's  in- 
 tention be  good,  'tis  not  abfolutely  neceffory 
 for  his  opinion  to  be  right,  and  a  prince's  good 
 intention  will  excufe  him  from  any  crime,  and 
 by  confequence  from  the  punifliment  of  ex- 
 communication, which  can  never  be  fulmi- 
 nated againft  him  for  violating  a  confecrated 
 place,  in  taking  out  a  criminal,  in  order  to  pu- 
 nito, him  for  a  crime  which  he  accounts  hei- 
 nous ;  forno  body  knows  the  principle  of  a 
 man's  own  adions  better  than  himfelf,  and  it 
 may  eafily  happen  that  a  (franger  may  think 
 
 light 
 
1 2(5    The  Rights  of  Sovereigns. 
 
 light  of  a  crime,  which  the  perfons  concern'd, 
 and  present,  may  reckon  very  confiderable. 
 But  note,  that  in  this  cafe  the  prince  alone, 
 and  not  the  ordinary  magiftrate,  is  the  proper 
 judge  of  the  nature  of  the  crime,  and  the  im- 
 portance of  the  cafe,  unlefs,  after  better  con- 
 federation, he  thinks  fit,  in  refpeft  to  the 
 Church,  to  aft  otherwife,  even  when  he  finds 
 it  neceffary  to  lay  that  refpeóì  afide.  But 
 enough  of  this  fubjetì:. 
 
 CHAP.     VII. 
 
 What  eccle/laftical  freedom  is  ?  whe- 
 ther it  includes  only  the  concerns  of 
 the  Church,  or  all  ecclefiaftical  per- 
 fons ? 
 
 rTT  H  E  great  refpefì  we  owe  to  our  parents, 
 ■*•  is  the  rule  of  that,  which  all  Christians 
 Ought  to  bear  to  the  Church.  This  precept 
 of  the  decalogue  enjoyning  filial  duty,  has  been 
 religioufly  obferv'd  even  by  the  idolaters,  who, 
 tho'  they  never  faw  the  glorious  beams  of  di- 
 vine reafon,  have  learnt  from  nature  itfelf  how 
 much  they  are  obiig'd  to  obey  and  honour  their 
 parents  ;  and  no  body  can  give  a  greater  indi- 
 cation of  a  brutifh  nature,  than  to  know  this 
 to  be  a  duty,  and  at  the  fame  time  forget  to 
 
 pay 
 
The  Rights  of  Sovereigns.     1 1J 
 
 pay  it.  Now,  I  fay,  that  the  obligation  of 
 refpetì  to  the  Church,  may  be  deduc'd  as  a 
 minori  ad  majtis^  from  our  duty  of  obedience 
 to  parents  ;  for,  if  we  confider  what  the 
 Church  is,  we  muft  acknowledge  her  to  be  a 
 very  affectionate  mother,  who  nurfes  us,  brings 
 us  up,  and  gives  us  nourishment  fuitable  to  our 
 weaknefs,  and  our  natural  ignorance  of  the 
 divine  myfteries.  'Tis  by  her  affiftance  that 
 the  mind  of  man  is  fortify'd  in  the  knowledge 
 of  God,  and  of  the  duty  of  believers,  in  the 
 ufe  of  the  facraments,  and  in  the  obtaining  of 
 grace  and  glory.  From  thefe  great  benefits 
 may  be  judg'd  the  importance  of  fuch  a  requi- 
 tal, efpecially  when  compar'd  with  the  merit 
 of  human  atìions  ;  in  regard  to  which,  'tis  a 
 treaiure  of  inexhauftible  riches,  therefore  the 
 obligation  of  refpetì  to  the  Church  ought, 
 with  great  reafon,  to  be  plac'd  at  the  head  of 
 the  duties  of  believers.  Whoever  afpires  to 
 the  glorious  name  of  a  true  chriftian,  whether 
 he  be  a  fubjeft,  or  a  fovereign,  ought  to  prac- 
 tife  this  duty,  which  is  fo  light  a  burden,  that 
 no  dignity  whatfoever  can  exempt  a  man  from 
 bearing  it.  The  traces  of  this  refpect  may  be 
 found  in,  the  grofs  darknefs  of  barbarous  na- 
 tions, which  are  obferv'd  to  pay  the  great- 
 eft  reverence  to  perfons  and  things  facred  ;  the 
 two  fpecies  that  conftitute  a  Church.  Thefe 
 few  reflections  may  feem  fufficient  to  decide 
 the  prelent  queftion  ;  for  if  it  be  allow'd  that 
 the  Church  confifts  of  places  and  perfons,  it 
 
 apparently 
 
1 2  8     *The  Rights  of  Sovereigns. 
 
 apparently  follows,  that  whoever  violates  ei- 
 ther the  one  or  the  other,  is  guilty  of  injuring 
 ecclefiaftical  freedom  5  which  includes  things, 
 as  well  as  peifcllKj  that  are  deem'd  ecclefi- 
 aftical. The  knowledge  which  refults  only 
 from  fuch  general  topics,  is  that  which  is  moft 
 pleafing  to  the  court  of  Rome,  who  would 
 confine  our  underftanding  to  the  iingle  ope- 
 ration of  conception,  without  permitting  it  to 
 examine  and  diftinguifli  between  the  different 
 forts  of  obligations,  and  the  various  ways  of 
 difcharging  them.  Nevertheiefs,  we  fhall  con- 
 tinue as  we  began,  by  recurring  to  the  di- 
 ftinftion,  by  which,  as  by  the  pole  ftar,  we 
 fhall  fteer  our  courfe,  not  doubting  but  it  will 
 fafely  guide  us  to  the  port?  of  true  knowledge. 
 To  prevent  all  manner  of  difpute,  1  lay  it 
 down  for  a  principle,  that  whoever  violates 
 ecclefiaftical  liberty,  whether  in  things  or  per- 
 fons,  belonging  to  the  Church,  deierves  ex- 
 communication •  for  by  fuch  behaviour  he  ads 
 in  contradi&ion  to  the  character  of  a  chriftian, 
 which  obliges  him  to  refpeót  both  the  one  and 
 the  other.  I  add,  moreover,  that  this  propo- 
 rtion takes  in  both  the  condition  of  a  fubjetì, 
 and  the  high  dignity  of  a  prince  ^  for  the  fu- 
 piernacy  of  the  latter  does  not  at  all  excufe, 
 but  rather  adds  to  his  obligation  to  protect  the 
 Church,  in  proportion  to  the  abundant  advan- 
 tages with  which  God  has  been  pieas'd  to  fur- 
 mih  him.  Let  thefe  few  wordò  ferve  for  the 
 text,  and  we  will  now  proceed  to  the  com- 
 mentary. Firft> 
 
The  Rights  of  Sovereigns.     1 2  0 
 
 Firft,  let  us  inquire  wherein  the  concerns  o£ 
 the  Church  cdnfift;  If  I  advance  that  the 
 Church  had  its  birth  at  the  death  of  our  Sa- 
 viour, I  believe  no  body  will  dare  to  contra- 
 di&  me.  It  arofe  like  the  bright  moon  at  the 
 fetting  of  the  fun  of  grace,  to  chafe  away  the 
 darknels  of  our  minds  5  but  the  foul  of  man  is 
 not  able  to  contemplate  its  fplendor,  nor  his 
 weak  eyes  to  behold  its  dazzling  rays,  which 
 light  us  in  our  flippery  paflàge  thro'  this  world, 
 left,  by  taking  a  falle  ftep,  we  Hide  into  the 
 bottomlefs  pit  of  hell.  The  Church  being 
 born  at  that  fealonable  crifis,  became  the  ten- 
 der nurfe  of  believers,  and  was  fupply'd  by 
 Qhrift)  from  that  very  moment,  with  the  milk 
 of  the  facraments,  whole  virtues  flow'd  from 
 our  Redeemer's  wounds.  Then  it  was  the 
 Church  had  its  beginning  ;  and  in  order  to 
 promote  the  converfion  of  Jews  and  Gen- 
 tiles with  fuccefs,  by  mollifying  the  hard 
 hearts  of  the  former,  and  difpelling  the  dark- 
 nefs  of  the  latter,  drift  gave  the  Church 
 apoftles  for  her  coadjutors,  who  were  difpeiVd 
 over  all  parts  of  the  world,  to  fo.w  the  feed 
 of  the  word  of  God,  which  was  fbllow'd  with 
 a  wonderful  harveft,  for  the  field  was  wa- 
 ter'd  with  the  blood  of  the  divine  husbandman. 
 
 Such  were  then  the  concerns  of  the  Church, 
 being,  as  it  were*  the  firft  bloffom  of  this  ten- 
 der plant,  which  yielded  fuch  a  fragrant  fmeil, 
 as  was  fufficient  to  revive  the  fouls  of  tho.e 
 who  were  at  the  very  gates  of  death.  Now, 
 I  fay,  the  concerns  of- the  Church,  as  they 
 K  were 
 
1 30    The  Rights  of  Sovereigns. 
 
 were  then,  were  the  true  concerns  of  the 
 Church  ;  for  it  has  been  never  brighter,  never 
 more  pure  than  then,  when  being  juft  fprink- 
 led  all  over  with  the  blood  of  thrifts  and  af- 
 iifted  by  the  virgin,  the  difciples'and  martyrs, 
 it  obtain 'd  grace  from  heaven  in  abundance  : 
 Then  the  Church  had  no  other  care  nor  view 
 but  to  make  known  the  divinity  of  Chrift,  the 
 neceffity  and  confummation  of  the  redemp- 
 tion, and  to  adminiftertheiacraments  to  thofe, 
 who  obey'd  the  gofpel,  in  that  purity  in  which 
 they  were  inftituted  by  Chrift  ;  .fo  that  the 
 Church  then  apply'd  itfelf  chiefly  to  tiiefe  two 
 things,  the  propagation  of  the  faith,  and  the 
 comfort  of  believers.  Nor  do  I  think  that 
 this  will  be  difputed  even  by  the  creatures  of 
 the  holy  See.  There-fore  every  other  concern, 
 with  refpefi:  to  the  Church,  is  altogether  fo- 
 reign, if  not  fpurious. 
 
 If  therefore  a  prince,  or  private  man,  hin- 
 ders the  propagation  of  the  faith,  and  the  in- 
 creafe  of  believers,  the  one,  as  well  as  the 
 other,  defer ves  the  fevered  pun ifliméht;  fince 
 by  fuppreffing  faith  in  Chrift,  they  carry  their 
 wickednefs  to  the  higheft  pitch.  The  propaga- 
 tion of  the  faith  is  fo  much  the  duty  of  all  chri- 
 ilians,  that  whoever  would  be  fuch  in  practice, 
 as  well  as  in  profeffion,  ought  not  to  be  afraid 
 of  death,  but  to  lofe  die  laft  drop  of  their 
 biaod,  rather  than  commit  a  fingle  action  con- 
 trary to  the  faith.  For  Graft  tells  us,  Whofto- 
 ever  doth  not  own  my  name  before  men,  1  will 
 not  own  him  before  my-  father, 
 
 If 
 
The  Rights  of  Sovereigns.     1 3 1 
 
 If  it  be  prov'd  that  a  private  perfon  oppofes 
 the  propagation  of  the  faith,  he  ought  to  be 
 not  only  excommunicated,  but  alfo  corporally 
 punifli'd  as  a  heretic,  it  being  a  contradiction  to 
 fuppo'fe  that  a  perfon,  who  is  found  and  ortho- 
 dox in  his  private  opinion,  would  hinder  ano- 
 ther from  embracing  the  faith. 
 
 As  to  princes  guilty  of  this  crime,  whofe 
 high  rank  exempts  tnem  from  corporal  punifli- 
 nient,  they  ought,  however,  to  be  anathema- 
 tize and  branded  in  the  forehead,  as  perjurors, 
 and  deferters  from  the  body  of  chriftians.  But 
 to  fay  the  truth,  this,  which  is  the  firft  and 
 principal  concern  of  the  Church,  is  very  fel- 
 dom  attack'd,  and  has  not  yet  fallen  under  the 
 cenfure  of  excommunication  i  for  the  Popes 
 have  never  fail'd.to  recommend  the  propa- 
 gation of  chriftianity  with  zeal,  in  order  to  en- 
 gage princes  to  carry  the  faith  to  infidels,  at 
 the  point  of  the  fword,  it  being  not  enough 
 to  fend  it  by  the  tongues  of  the  preachers, 
 But  all  fuch  undertakings  generally  come  to 
 nought,  and,  ferve,  at  the  mod,  to  uiher  in  a 
 bùilirom  the  Pope.  Thus  fome  princes  play 
 the  fame  game.  .  They  not  only  profefs  their 
 obedience,  but  the  moft  flaming  zeal  for  thofe 
 catholic  expeditions.  They  offer  their  arms, 
 their  foldiers,  and  even  their  lives  ;  but  they 
 only  blufter  with  words,  while  their  guns  and 
 trumpets  are  iiient  ;  lb  that  the  fincerity  of  fo 
 many  fine  promifes  is  never  brought  to  the 
 touchftone.  Confequently  ail  our  reflections 
 on  this  main  concern  of  the  Church  are  aitoge- 
 
 K   i  ther 
 
1 3 1     The  Rights  of  Sovereigns. 
 
 ther  fuperfluous.  For  princes  are  well  enough 
 pleas'd  with  fair  promifes,  becaufe,  in  truth, 
 they  pay  the  fame  coin  to  others  in  the  like 
 cafe,  it  being  out  of  fafhion,  in  our  days,  to 
 merit  faintfhip  by  martyrdom. 
 
 A^  to  the  protection  due  to  the  faithful,  we 
 will  adjourn  the  inquiry  for  the  prefent,  in  or- 
 der to  confider  the  pretenfions  of  the  court  of 
 Rome^  who  would  make  us  believe,  that  all 
 the  actions  of  the  Pope  tend  either  to  com- 
 mand what  ought  to  be  done,  or  to  decide 
 whether  the  séìions  of  others  are  confident 
 with  the  rule  of  protecting  the  faithful. 
 
 The  intereft  of  the  court  of  Rome  very  much 
 refembles  leaven,  the  leaft  quantity  of :  which, 
 in  a  meafure  of  flour,  immediately  caufes  it 
 to  ferment,  fwell  and  increafe.  'Tis  the  fame 
 with  the  Pope's  univerfal  power.  The  faith- 
 ful are  the  laft  perfons  on  whom  he  beftows 
 ecclefiafrical  livings  ;  neverthelefs,  this  confe- 
 quence  is  undoubtedly  drawn  from  it,  that 
 every  thing  which  the  Pope  does  is  in  pursuance 
 of  that  prerogative. 
 
 To  make  due  provifion,  fay  they,  for  the 
 clergy,  all  the  faithful  muft  be  taught  to  refpeft 
 and  obferve  the  ecciefiaftical  liberties,  and  not 
 to  meddle,  by  any  means,  in  things  relating  to 
 their  tftates,  perions,  and  places,  on  pain  of 
 being  punifli'd.  Nay,  as  if  this  were  not 
 enough,  they  go  farther,  and,  without  confi- 
 dering  the  abiurdity  of  making  circumftan- 
 tkls  greater  than  the  principal,  affert,  that  in 
 all  cafes  where  ecclehafticai  eftates,  perfons, 
 
 and 
 
Hoe  Rights  of  Sovereigns.     1 3  J 
 
 and  places,  are  admitted  to  be  of  the  leaft 
 concern,  the  acceflary  claim  ought  to  fuper- 
 fede  the  principal.  To  give  an  example  with 
 refped:  to  eftates.  If  a  layman,  fay  they,  be 
 in  pofft  ilion  of  a  piece  of  land,  and  the  Church, 
 or  clergy,  put  in  a  claim  to  any  part  of  it,  the 
 caufe  ought  to  be  try'd  in  the  bifhop's  court, 
 and  the  civil  courts  muft  be  filent,  and  not  of- 
 fer to  lupport  the  reafons,  which  the  layman 
 is  capable  of  giving,  to  defend  his  right  of 
 fucceffion,  or  feoffment  in  truft  ;  and  if  a  lay 
 judge  prefumes  to  interfere  in  the  caufe,  he  de- 
 ferves,  according  to  them,  to  be  cenfur'd,  as 
 having  violated  ecclefiaflical  liberty.  To  give 
 another  Example,  with  refpeft  to  perfons.  If 
 a  clergyman  makes  an  attempt  upon  the  life, 
 or  honour,  of  a  layman,  as  too  often  happens, 
 they  infill:  that  the  complaint  be  laid  before  the 
 ordinary  pf  the  place,  and  that  the  injur'd  lay- 
 man acquiefce  in  his  deciiion  ;  and  if  he  (hould 
 find  fault  with  it,  they  would  not  fail  to  ex- 
 claim againft  it  as  a  breach  of  ecclefiaftical  li- 
 berty. If,,  for  the  fake  of  peace  and  good  or- 
 der, a  prince  iliould  think  fit  to  forbid  the 
 carrying  of  arms,  and  a  clergyman  fnould,  not- 
 withstanding, appear  arm'd  in  pubiic,  he  would 
 plead  his  innocence  of  the  crime  of  difobe- 
 dience,  and  that  if  he  were  guilty,  none  bnt 
 his  bifhop  had  a  right  to  try  him.  If  th, 
 ecclefiaftics  do  not  obfeive  the  common  laws, 
 either  in  buying  or  felling,  if  they  pretend  to 
 be  not  obliged  by  the  commands  of  the  prince, 
 and  to  be  exempt  from  taxes  and  gibels,  and 
 K  3  from 
 
1 34.     The  Rights  of  Sovereigns. 
 
 from  being  convened  before  lay-tribunals,  on 
 refufing  to  pay  their  debts,  who  will  prefume  to 
 fay  their  pretenfions  are  groundlefs,  or  refufe 
 to  own  them,  fmce  they,  immediately  trump 
 up  the  common  outcry  of  an  infringement  of 
 the  ecclefiaftical  liberties  ? 
 
 Wè  will  now  give  an  infhnce,  with  tefpeft 
 to  ecclefiaftical  places.  Notwithflanding  the 
 regard  which' pious  princes  fliew  every  day 
 for  Churches,  a  refpeft  from  which  they  never 
 recede  but  in  cafes  of  the  utmoft  neceiiity  •  yet 
 the  court  of  Rome  would  have  all  convents,and 
 prelates  houfes  to  be  fancluaries  for  the  greateft 
 villains. .  Thus  they  are  for  building  thofe 
 places  on  the  top  of  Olympus,  above  the  thun- 
 der of  juftice,  and  the  orders  of  their  fove- 
 reign,  be  they  ever  fo  advantageous  to  the 
 public  $  for,  according  to  their  maxims,  no- 
 thing in  fociety  is  preferable  to  the  refpetì 
 which  they  claim  for  ecclefiaftical  liberty  ;  fo 
 that  if  it  fliould  happen  that  a  bafiion  could 
 not  be  eredled,  for  defence  of  a  town,  againft 
 an  enemy,  without  violating  that  liberty,  it 
 were  better  to  leave  the  town  expos'd  to  the 
 rage  of  the  enemy,  than  to  violate  that  liber- 
 ty. Nay,  they  go  farther,  and  fay  that  all 
 laymen,  who  are  employ'd  in  a  prelate's  houfe, 
 ought  to  be  exempt  from  lay- jurifdiftion.  If 
 a  layman  injures  a  clergyman,  they  pretend  it 
 belongs  only  to  the  clergy  to  be  judges  of  it, 
 and  that  if  a  man,  or  woman,  are  accus'd  of 
 adultery,  according  to  their  laws,  they,  the 
 the  clergy,  only  ought  to  try  them,  and  to 
 
 judge 
 
cThe  Rights  of  Sovereigns.     135 
 
 judge  of  them  ttflive  and  pa/Jive.     If  an  hofpi- 
 tal,  a  fchool,  or  mount  of  piety,  be  erected, 
 they  will  have  them  to  be  immediately  fubjeft 
 to  the  bifhop.     In  fliort,  where  the  Church  is 
 concernei  for  no  more  than  a  brafs  farthing, 
 they  immediately  recur  to  eccleiuftical  liberty, 
 and  fay  the  prince  has  nothing  to  do  in  the 
 matter..    Now,  after  what   has  been  (aid,  I 
 think  I  had  reafon  to  compare  the  intereft  of 
 the  clergy  to  leaven,  a  little  of  which   lea- 
 veneth  a  whole  lump  of  dough.     This  exor- 
 bitant intereft  is  a  colour  tor  forming  an  ec- 
 clefiaftical  (tate  within  every  civil  frate,  when, 
 upon  any  turn,  the  clergy  will  be  ready  to  cry 
 out  of  the  infringement  of  their  liberties.    Let 
 thofe,  'who  have  fhoulders  broad  enough  for 
 fuch  a  burden,  carry  it. 
 
 I,  for  my  own  part,  do  alTert,  according  to 
 the  diftin&ion  1  before  laid  down,  that  if  a 
 private  .perfon,  or  even  a  prince,  injure  the- 
 Church,  either  in  preventing  the.  propagation 
 of  the  faith^  or  in  pretending  to  regulate  the 
 dodrine  of  Cbrift,  m  the  difpenfation  of  the 
 iacraments,  which  are'  the  ordinary  nourifli- 
 ment  of  believers,  whereby  the  foul  is  forti- 
 fy'd  in  the  true  faith,  and  in  the  practice  of 
 good  works  ;  I  fay,  whofoever  does  this,  vio- 
 lates ecclefiaftical  liberty,  in  attacking  the 
 real  intereft  of  the  Church,  and  confequently 
 deferves  her  cenfure.  And  the  faid  punifhment 
 would  then  be  adequate  to  the  offence  ;  for 
 'tis  not  juft  that  he,  who,  inftead  of  fervmg 
 the  Church,  does  her  all  the  injury  in  his. 
 
 K  4  power> 
 
1 3^    Tfo  Rights  of  Sovereigns- 
 
 power,  fhould  enjoy  the  benefits  of  the 
 Church,  which  are  purely  fpiritual  ;  and  'tis 
 no  more  than  what  right  and  reafon  require  to 
 cut  off  and  feparate  fuch  perfon  from  the  body 
 of  the  Church,  who  difcovers  himfelf  to  be  a 
 rotten  member,  and  capable  of  infetìing  the 
 reft.  +ln  the  year  728,  when  the  emperor  Leo 
 was  prevaifd  on  by  the  fuggeftions  of  an  apo- 
 ftate,  to  break  to  pieces  all  the  facred  images  in 
 the  fquare  of  Conftantinopley  Pope  Gregory  III. 
 held  a  Council  of  Italian  biihops  in  the  Vati- 
 can, who  made  decrees  for  eftabiifhing  the  ve- 
 neration due  to  images,  and  put  that  emperor 
 under  excommunication.  I  might  here  alfo 
 mention  the  editì  cali'd  the  Interim  otCharktN. 
 who,  for  the  fatisfa&ion  of  thofe  who  diffent- 
 ed  from  the  catholics,  drew  up  fuch  a  regu- 
 lation of  the  controverted  articles,  as  pleas'd 
 neither  of  the  parties,  and  both  anathematiz'd 
 him  ;  but  the  Rowanijis  made  leaft  noife,  be- 
 caufe  they  had  a  Angular  refpeci:  for  him.  I 
 add,  that  the  fame  cenfnre  is  juftly  applicable 
 to  any  one  who  difturbs  an  ecclefiaftic  in  the 
 exercile  of  his  functions  :  Thus,  when  the  em- 
 peror Frederic  fet  himfelf  up  for  a  judge  to  de- 
 cide the  fchifm  between  Pope  Alexander  III. 
 and  Vittor  the  Anti-Pope,  and  Alexander^  for 
 many  reafons,  refus'd  to  appear  before  the 
 emperor's  tribunal  ;  yet  that  prince  ,  in 
 Alexanders  abfence ,  gave  fentence  in  fa- 
 vour of  the  Anti-Pope  ,  and  forbid  Alex- 
 ander to  perform  the  pontifical  functions  ; 
 and  what  was  the  confequence  ?  why  truly, 
 
 Alex- 
 
The  Rights  of  Sovereigns.     1 37 
 
 Alexander  excommunicated  the  emperor  ;  who, 
 being  frightned,  fled,  for  the  fecurity  of  his 
 perfori,  to  the  city  of  Venice^  and,  imploring 
 theaffiftance  of  the  republic,  they  took  arms, 
 and  reftor'd  him  to  his  dignity  ;  after  which, 
 he  made  his  peace  with  the  Church,  and  the 
 Venetians  had  all  the  honour  of  it.  For  what  re- 
 lates to  the  injuries  of  ecclefiaftical  perfons,  I 
 find  in  the  hiftory  of  Councils,  which  Cfow, 
 king  of  France,  wrote  ro  the  Council  of  Or- 
 leans  ^  that  he  and  his  would  be  obedient  to 
 the  commands  of  the  church  and  the  Pope, 
 particularly  in  not  forcing  the  clergy  to  lift  in 
 his  troops.  All  fuch  violations  of  perfonal  li- 
 berty deferve  excommunication  as  juftly  as 
 violating  the  interefts  of  the  Church  ;  for  the 
 freedom  of  her  minifters,  in  the  exercife  of 
 their  funftions,  is  one  of  her  principal  con- 
 cerns. But  the  general  pretence  of  the  court 
 of  Ro?n?9  that  all  perfons  and  eftates,  which 
 are  in  any  wife  whatfoever  depending  on  the 
 Church,  are  therefore  exempt  from  lay-jurif- 
 diction,  and  that  to  touch  them  would  be  a 
 violation  of  ecclefiaftical  liberty,,  tho'  they  are 
 included  in  the  diftinction  we  eftablilh'd  above, 
 is  what  a  man  muft  have  the  ftomach  of  an 
 oftrich  to  digeft.  Surely  one  would  imagine 
 they  had  forgot  what  they  fo  often  boaft  of, 
 <uiz<  that  this  ecclefiaftical  liberty,  which  takes 
 in  both  eftates  and  perions,  owes  its  origin  to 
 the  emperor  Conftantin  the  Great,  in  the  time 
 pf  Pope  St.  Syhefter  ,•  from  whence  it  appears 
 to  be  a  favour  granted  by  the  fecular  power, 
 
 for 
 
1 3  8     The  Rights  of  Sovereigns. 
 
 for  the  greater  honour  of  the  Church ■;  (o  that 
 *tis  the  highefl:  ingratkude  to  retort,  what  was 
 only  owing'to  thecouftefy  of  princes,  againft 
 their  liberty.  I  do  not  mean  by  this,  that  I 
 would  have  ecclefiaftical  liberty  violated  upon 
 all  occasions,  much  lefe  in  matters  relating  to 
 the  true  interefts  of  the  Church,  facred  pla- 
 ces, Ór  eccìefiaftics  in  the  exercife  of  their 
 iunótions.  But  to  pretend,  that  a  prince  is  not 
 a  fovereign  of  his  eccle/iaftical  fubjeòts,  is  to 
 abridge  him  of  that  authority  which  he  de- 
 rives immediately  from  God,  nature,  and  the 
 law  of  nations.  Note,  I  intend  only  a  free 
 prince,  who  owns  no  fuperior  authority  in  his 
 government. 
 
 I  find  by  the  20th  chapter  of  the  25  th  M- 
 fion  of  the  Council  of  Trent,  that  they  fpokc 
 of  princes  wish  greater  refpetì  than  the  court 
 of  Rome  have  ever  done  on  thefe  occalions. 
 This  chapter,  which  was  compos'd  purely  for 
 defence  of  the  ecclefiafticàl  liberties,  is  fome- 
 xvhat  long,  but  begins  thus:  Cnpiens  fanti  a 
 >y  nodus,  ecchfwflicarii  dtfciplinam  a  quibufcunq; 
 impedimenti*  confervari,  feculares  principe*  ad- 
 -monendos  effe  cenfmt,jvs  luum  ecdefu  reftkui,fed 
 &  fubditos  fuos  ad  debitam  erga  cUrum  reveren- 
 iiam  revocaturos,  nee  permi-ffuros  ut  officiale*  nut 
 inferiore*  magifirati's  ccdefia  &  perfonarum  ecde- 
 fwfiicarum  immunitatem  violent  :  decrepit  itaq; 
 fatros  canones  in  faworem  ecclefiafticarum  perfo- 
 nàrum  liberiate  ecd?fi£  contra  violatore*  effe  ob- 
 fervando*  ;  prdterea  admonet  imperatorem,  rege*, 
 ~refptiblkas>  principe*,  ne  ab  ullìs  baronibus,  do- 
 
 micelli*, 
 
The  Rights  of  Sovereigns.     139 
 
 micellis,  rettoribus  Udì  fatkfiftkr'i  fed  federe  in 
 cos  qui  libertaìóm,  immumtatem,  at  que  jurif- 
 di'lionem  impediunt,  ammadvertant,  imitante 
 anteriore!  optimos  teligiòfijfitifoi  pfMtipéf,  qui-  res 
 ététèfiÀ  fua  imprimis  aitthorilaie  ac  munificentia 
 dUX&unt-,  ne  dim  ab  aliorum  injuria  v'indicai 'Unti 
 i.  e.  The  [tiered  fynod  being  defwoiu  that  the 
 cccbfiaftical  "di! ci* line  fhen'd  be  (ecurd  from  all 
 impediment  ivhatfoever,  thought  it  convenient 
 ■for*  featlar  princes  to  be  admonijh'd  to  reflore  the 
 
 rehto'her  -rights,  and  to  remind  their  lily; 
 of  the  reverence  due  to  the  clergy,  and  not  to  ; 
 viit  the   officials,  or  inferior  juagifirates,  to  vio- 
 late the  freedom  of  the  Church  and  ecdefiaftical 
 perfens.     Therefore  the  (aid  Council  decreed  fe- 
 ver al  faer  ed' canons,  to  be  obfervd,  in  favour  of 
 fuch  perfons,   again]}  the  violaters  of  the  '  IB 
 of  the  Church.     Moreover,   the  Council  ad- 
 infixes  the  emperor,  kings,  republics  and  primes, 
 not  to  Cuffer  the  clergy  to  be  injur  d  by  any  lords  of 
 manors,  reitors,  or  the  like,  but  feverely  to  ani- 
 madvert upon  fuch  as  violate  their  liberties,  im- 
 munities, and  jurifdiffion,   in  imitation  of  if 
 inoft  religious  princes,    their  anceflors,  who  de- 
 fended the  inter  efis  of  the  Churdi  from  the  injury 
 of  others,  as  well  as  promoted  the  fame  by  their 
 authority  and  bounty. 
 
 I  think  the  zeal  of  the  Council  fore  cclefiafti- 
 cal  liberty  appears  very  plain  in  this  canon,  'by 
 their  exhorting  the  fecular  princes  to  defend  it, 
 in  imitation  of  the  princes  that  liv'd  in  the  pri- 
 mitive ages  of  chriftianity,  who.,  at  the  fame 
 
 time 
 
1 40     The  Rights  of  Sovereigns. 
 
 time  that  they  made  it  their  bufinefs  to  en- 
 large the  pale  of  the  church,  thought  it  equal- 
 ly their  duty  to  defend  her  from  injury.  But  I 
 don't  perceive  that  the  excommunication  of 
 princes  is  fo  much  as  pretended  throughout 
 the  whole  hiftory  of  that  council  ;  fo  far  from 
 it,  that  if  any  differences  happen,  relating  to 
 the  violation  of  ecclefiaftical  liberty,  it  refers 
 the  decifion  thereof  to  princes  ;  and  inftead  of 
 treating  them  as  criminals,  as  the  court  of 
 Borne  fometimes  does,  calls  them  the  protec- 
 tors of  that  liberty. 
 
 Above  all  the  different  kinds  of  ecclefiafti- 
 cal  liberty,  the  court  of  Rome  is  moft  jealous 
 of  the  violation  of  thefe  three,  vtssi  perfons, 
 eftates,  and  facred  places  ;  tho',  in  truth,  they 
 have  not  the  laft  much  at  heart,  being  far 
 more  ready  to  forgive  tranfgreflbrs  for  an  in- 
 jury done  to  places ,  than  to  perfons  and 
 eftates. 
 
 As  far  as  I  can  fee,  we  have  now  fuflfi- 
 ciently  examined  all  that  relates  to  the  iub- 
 jetì  of  ecclefiaftical  liberty,  and  ftiew'd,  that 
 the  woift  the  laity  can  do,  in  prejudice  of  ec- 
 clefiaftical liberty,  is,  1.  The  hindring  the 
 propagation  of  the  faith,  and  the  meddling 
 with  the  adminiftration  of  the  facraments,  and 
 do&rines  effential  to  falvation.  2.  Molefting 
 ecclefiaftical  perfons  in  their  minifterial  func- 
 tions. 3.  Seizing  the  eftates  of  ecclefiaftics 
 for  the  conveniency,  or  pleafure  of  the  prince. 
 
 And 
 
The  Rights  of  Sovereigns.     1 41 
 
 And  laftly,   The  offering  contempt  to  facred 
 places,  when  the  fame  may  be  avoided. 
 
 I  believe  there  is  no  chriftian  prince  but 
 would  value  himfelf  for  not  taking  thofe  fteps, 
 that  might  involve  him  in  the  guilt  of  the  things 
 which  1  have  condemn'd  j  and  if  he  aóts  other- 
 wife,  I  own  lam  of  opinion  that  he  deferves  the 
 cenfures  of  the  Church.  We  will  now  take  to 
 pieces  all  the  other  pretenfions  of  the  court  of 
 Rome*,  who  finding  it  impoflible  to  eftablilh 
 an  univerfal  monarchy  in  temporals,  would, 
 at  leaft,  curtail  the  authority  of  fecular  prin- 
 ces, as  far  as  lies  in  their  power. 
 
 CHAP.     VIII. 
 
 Whether  the  fojfejfion  of  temporalities, 
 belonging  to  the  Churchy  is  not  of 
 divine  right  ? 
 
 f  Am  perfuaded,  that  by  the  propofing  of 
 ■*"  this  queflion,  I  may  be  faid,  once  in  my 
 life,  to  have  given  into  the  meaning  of  the 
 court  of  Rome.  Others  perhaps  will  think  it 
 wrong  ftated  5  but  that  court,  inftead  of  be- 
 ing of  their  opinion,  will  think  it  a  neceffary 
 difpute,  becaufe  it  gives  them  a  handle  for 
 determining  it  by  a  pofitive  decree.  Bur  fince 
 it  is  no  difficult  matter  to  refolve  a  queftion, 
 
 whofe 
 
1 42.     TTtf  Rights  of  Sovereigns. 
 
 whofe  very  foundation  is  dubious,  I  fear,  tho' 
 we  might  feem  perfectly  agreed  at  the  firft,  ic 
 will  not  hold  long,  and  that  we  fhall  cìafli  a- 
 gain  as  foon  as  the  queftion  is  decided  in  the 
 negative. 
 
 The  court  of  Rome  being  concern'd  to  pro- 
 cure all  poffible  fan&ion  to  the  Church's  pof- 
 iefrion  of  temporalities,  has,  for  forile  time 
 paft,  laboured  to  perfuade  mankind  that  fuch 
 poffeffion  is  of  divine  right  ;  but  'tis  fo  far  from 
 being  true,  that  whoever  fliould  offer  to  main- 
 tain it,  would  expofe  himfeif  for  a  mere  /£- 
 noramus^  by  calling  in  queftion  a  matter  which 
 has  been  clearly  determin'd  long  ago.  It  be- 
 ing, however,  neceflary,  in  fome  meafure,  to 
 fuit  ones  felf  to  the  temper  of  a  patient,  in 
 order  to  compafs  the  chief  end,  the  recovery 
 of  his  health  -,  we  will,  therefore,  for  once, 
 allow  it  to  be  a  difputable  point,  that  we  may 
 have  the  opportunity  of  deciding  it  in  fuch  a 
 manner,  that  it  fhall  not  be  fo  much  as  que- 
 ftion'd  hereafter;  otherwife  'tis  well  known 
 the  court  of  Rome  will  always  think  them- 
 felves  at  liberty  to  improve  their  pretentions 
 on  this  Icore.  We  will  examine  the  queftion 
 both  as  to  law  and  fa#. 
 
 Whoever  is  willing  to  be  .guided  in  this 
 matter  by  the  Scriptures,  will  there  find  that 
 the  children  of  Ifracl  were  divided- into  twelve 
 tribes.  God  promis'd  this  people,  in  the  per- 
 fon  of  Abraham^  that  happy  country,  which 
 was  afterwards  cali'd  The  Lund  of  Fvoviife^ 
 
 according 
 
The  Rights  of  Sovereigns.     1 43 
 
 according  to  the  promife  which  God  made  to 
 Abraham.  After  JoJIjua  had  made  himfelf 
 mafter  of  it,  'twas  divided.  Now  all  the  people 
 fought  to  conquer  it,  yet  'twas  divided  among 
 eleven  of  the  tribes  only  ;  that  of  Levi,  confid- 
 ing of  all  the  priefts  and  ministers  of  the  tem- 
 ple, being  excluded,  which  the  facred  fcrip- 
 tures  exprefs  in  thefe  terms  :  The  Icrd  hath  gi- 
 ven no  inheritance  to  the  tribe  of  Levi,  becaufe 
 the  Lord  God  of  Ifrael  is  their  inheritance,  as 
 he  hath  {aid  unto  them.  From  whence  God 
 would  give  us  to  underftand,  that  thofe  who 
 are  dedicated  to  the  fervice  of  his  altar,  ought, 
 without  embaraffing  themfelves  with  poflei- 
 fions,  to  depend  on  providence  alone  for  their 
 maintenance,  and  to  flick  entirely  to  the  work 
 of  the  miniftry  v  and  that  the  laity  fliould  take 
 pains  to  fupply  the  necefTities  of  the  clergy, 
 becaufe  they  ftand  continually  as  a  wall  of  re- 
 paration betwixt  the  fins  of  the  people  and  the 
 wrath  of  God.  I  fought  a  man  to  fiand  (is  a 
 hedge  between  we?  and  the  earth,  that  1  might 
 not  deflroy  it.  King^Hezekiab,  :\vho  well  un- 
 derftood  the  will  of  God,,  knowing  it  was 
 rmpofTible  for  the  mind  of  man,  while  emba- 
 rafs'd  with  the  management  of  temporal  af- 
 fairs, to  be  duly  intent  upon  the  function :> 
 the  priefthood,  took  away  their  eftates  ;  but 
 to  reward  them  with  intereft,  commanded  the 
 laity,  at  the  fame  time,  to  pay  the  clergy  the 
 tithes  of  all  they  had.  For  it  was  but  reafon- 
 able,  that  while  the  one  were  wholly  ,em- 
 
 plo 
 
1 44     The  Rights  of  Sovereigns. 
 
 ploy'd  in  the  fervice  of  God,  intruding  the 
 people  in  the  law,  and  praying  for  their  fins, 
 the  others  fliould  reward  them  with  the  fweat 
 of  their  brows,  not  only  in  furnifhing  them 
 with  their  daily  bread,  but  alfo  in  giving  them 
 every #  tenth  year  the  entire  harveft  of  their 
 lands  for  their  maintenance.  This  cannot  be 
 reckond  poverty,  but  rather  wealth  without 
 inheritance,  profit  without  pains,  lie  that 
 ferveth  at  the  altar,  ought  to  live  by  the  altar ,  as 
 having  nothing,  and  poffejfmg  all  things.  If  the 
 tribe  of  Levi  had  been  admitted  to  a  ihare  with 
 the  other  tribes,  they  would  have  had  but  one 
 twelfth  part  of  the  land  ;  whereas,  by  being 
 excluded,  they  had  a  right  to  a  tenth  part.  In 
 a  word,  by  this  means  the  clergy  render'd  the 
 inoft  frightful  morifter  in  the  world  agreeable, 
 a  monfter  which  was  worfe  than  all  others, 
 inafmuch  as  the  fight  of  other  monfters  was  a 
 fatisfadion  of  cui  iofity  ,•  but  this  has  been  ab- 
 horred and  avoided  at  all  times  and  pia ees. 
 The  reader  will  perceive^  by  this  defcription, 
 that  I  mean  Poverty,  of  all  monfters  the  vioft 
 monflrous.  Inter  monftra  vionftroftor  egeftas. 
 The  laity  think  it  a  fcandal,  but  the  clergy 
 their  honour;  and  he  comes  neareft  the  cha- 
 racter of  a  true  clergyman,  according  to  them, 
 who  is  in  the  ftate  of  the  greateft  poverty  ;  for 
 things  are  always  the  more  valuable,  the  near-* 
 er  tlfey  come  up  to  their  original  production 
 or  inftitution,  otherwife  we  cannot  but  efleem 
 them  degenerated,  and  as  fruits  out  of  feafon, 
 
 which- 
 
The  Rights  vf  Sovereigns.     1 45 
 
 which  have  the  fame  colour  indeed  as  others, 
 but  not  To  good  a  tafte. 
 
 In  the  law  of  grace,  Jefus  Chrifi  fpeaks  ftill 
 more  plainly,  Take  no  thought  of  what  ye  jhall 
 eat}  or  wherewith  ye  foall  be  cloathed,  fcr  your 
 heavenly  father  knowcth  what  ye  have  need  of. 
 Care  not  then  for  the  morrow  -,  but  feek  ye  firfi 
 the  kingdom  of  God,  and  all  thefe  things  foAlbe 
 mini  fir  ed  unto  y  on.  And  in  another  place.  Bear 
 rw  bag,  neither  fcrip,nor  fooes.  Again,  he  ask'd 
 the  difciples,  When  I  [ehi  you  without  bag  and 
 [crip,  lacked  ye  any  thing  V  This  is  the  very  ef- 
 fenceofthepriefthood,  to  lay  afide  earthly  af- 
 fections, and  to  throw  off  the  things  of  this 
 world,  in  order  to  have  a  greater  portion  in 
 heaven.  While  the  Church  was  poor,  it  was 
 fear'd,  reverenc'd,  and,  in  a  word,  always  af- 
 filed by  the  holy  fpirit,  which  far  exceeded 
 all  human  force.  In  the  very  fame  manner, 
 the  Israelites,  while  they  were  in  the  defert, 
 without  pofTeiilons,  without  water,  or  even 
 pafture,  found  the  almighty  power  of  God  rea- 
 dy to  fupply  their  wants,  by  raining  down 
 vianna  upon  their  camp,  and  fending  them  wa- 
 ter out  of  the  rock  -,  but  as  foon  as  ever  they 
 had  pafs'd  Jordan,  and  faw  themfelves  matters 
 of  the  land  of  promife  ,  where  they  reap'd 
 without  the  labour  of  lowing ,  Providence 
 feem'd  fufpended  as  to  them,  or,  at  leaft,  more 
 conceal'd  ;  for  no  more  manna  came  down 
 from  heaven,  nor  did  rivers  gufh  any  more 
 out  of  the  rocks  by  the  touch  of  a  rod.    /  am 
 
 L  a  jea- 
 
1 46    The  Rights  of  Sovereigns. 
 
 a  jealous  God,  faith  the  lord.  Whoever  trufts 
 lolely  to  human  induftry,  does  in  fome  mea- 
 fure  fet  limits  to  God's  power  and  providence. 
 A  beggar  intreating  St.  Peter,  one  day,  to  give 
 him  but  a  penny  by  way  of  alms  ;  he  faid, 
 Silver  and  gold  have  I  none  -,  but  fuch  as  I  have, 
 that  I  .give  unto  thee  ;  that  is  to  fay,  he  blefs'd 
 him  in  the  name  of  God. 
 
 In  the  primitive  age  of  the  Church,  a  perfon 
 could  not  be  admitted  into  the  number  of  a- 
 poftles,  without  firft  felling  all  his  poilèflìons  ; 
 for  riches  flick  like  glue  to  the  wings  of  the 
 foul,  and  hinder  it  from  mounting  aloft  5  and 
 they  are  like  a  *  ftone,  which  hangs  as  a  dead 
 weight  to  the  body,  and  drags  it  upon  the 
 ground,  when  it  has"  a  defire  to  afcend  heaven- 
 ward. The  Greek  Church,  which  was  always 
 poor,  has  fuffer'd  far  lefs  fcandals  than  the  La- 
 tin Church,  which  has  given  birth  to  above  a 
 hundred  arch-heretics,  who  have  rafhly  pre- 
 tended to  teach  dotìrines  purer  than  thofe  of 
 their  Church.  You  never  heard  of  a  broacher 
 of  new  do&rines,  but  was  either  rich,  or,at  leaft, 
 had  a  competency  ,  for  men  of  this  kidney  ne- 
 ver breed  under  the  difcouragements  of  pover- 
 ty ;  therefore  the  Greek  Church  has  not  pro- 
 duce one  fince  the  firft  fchifm.    Befides,  the 
 
 keeping 
 
 *  A  conceit  taken  frojn  the  emblems  of Ala  at ,  in  v-hich  a 
 chrifthn  foul  is  reprefented  under  the  figure  of  a  young  ram, 
 who,  with  one  Land,  which  has  wings,  points  towards  nea- 
 ven,  while  a  great  ftone,  ty'd  to  tlie  other  hand,  drags  him 
 downward.    * 
 
The  Rights  of  Sovereigns.     1 47 
 
 keeping  of  the  clergy  in  a  ftate  of  abfolute  de- 
 pendence on* the  laity  for  their  maintenance,  is 
 attended  with  thefe  two  advantages  ;  firft,  in 
 that  it  obliges  them  to  be  always  watchful  of 
 their  conduct,  and  to  fet  good  examples  to  the 
 laity,  for  fear  of  lofing  their  fubfiftence  ;  fe- 
 condly,  it  excites  compaflion  in  the  laity  to 
 ufe  their  utmoft  efforts  to  relieve  the  necefli- 
 ties  of  the  clergy.  On  the  contrary,  when 
 they  are  not  only  provided  with  neceffaries,  but 
 even  with  fuperfluities,  they  are  quite  indiffe- 
 rent what  others  may  think  of  them,  from 
 whom  they  have  no  advantage  to  hope  for, 
 nor  no  evil  to  fear.  Judas,  the  caterer  and 
 purfe-bearer  of  the  apoftolical  college,  is  a 
 glaring  inftance  of  the  mifchievous  influence 
 which  money  may  have  upon  the  foul  of  an 
 ecclefiaftic,  fince  it  made  an  apoftle  himfelf 
 turn  traitor.  J  e  fas  Chi  ft  forefeeing,  by  his 
 divinity,  what  an  end  Judas  would  come  to, 
 gave  him  the  management  of  money,  either 
 becaufe  nothing  worfe  could  happen  to  him, 
 or  elfe  to  keep  the  fame  temptation  from,  fall- 
 ing in  the  way  of  the  other  difciples,  who 
 were  eleóìed.  The  firft  time  Judas  mur- 
 mured, was  when  Mary  Magdalen  poured 
 coftly  ointment  on  the  head  of  J  e  fits  Qjrifl. 
 He  would  fain  have  had  it  fold,  and  put  the 
 money  in  his  pocket >  but  he  conceal'd  his 
 avarice  under  the  fpecious  pretence  of  charity 
 to  the  poor.  To  what  furpofe,,  fays  he,  is  this 
 wafte  ?  It  might  have  been  fold  for  three  htm- 
 L  2  dred 
 
1 48     Hie  Rights  of  Sovereigns. 
 
 drcd  pence  and  given  to  the  poor.  But  the 
 Evangelia  adds.  That  he  [aid  this±  not  that  he 
 cared" for  the  poor,  but  becaufe  he  was  a  thief , 
 and  had  the  bag,  and  bare  what  was  put  there- 
 in. On  the  other  hand,  St.  Matthew  was  a 
 Publican,  that  is  to  fay,  an  Ufurer  $  but  by  his 
 renouncing  the  management  of  money,  he 
 became  a  pious  apoftie,  and  one  of  the  Evan- 
 geiifts  j  whereas  Judas,  who  had  nothing 
 that  he  could  call  his  own,  by  managing  the 
 treafure  of  Jefus  Chrifl,  became  fuch  an  un- 
 godly traitor,  that  he  fold  his  Lord  and  Ma- 
 iler for  a  fum  of  money.  There's  not  one  of  a 
 thoufand,  in  the  whole  army  of  faints,  which 
 the  Church  has  produe'd  ever  fince  its  infancy, 
 but  has  found  entrance  into  heaven  by  the  gate 
 of  poverty.  The  very  Pagans  were  convine'd 
 how  incompatible  riches  are  with  the  tranqui- 
 lity of  the  mind  ;  and  Seneca  laid  it  down  as  a 
 maxim,  Si  vis  vacare  animo,  ant  pauper  fis,  aut 
 pauperi  fimilis.  In  fliort,  the  poflèffion  of  tem- 
 poralities is  (o  far  from  being  of  divine  right, 
 that  'tis  inconfiflent  with  the  very  beginning, 
 progrefs,  and  end  of  the  Church.  Every  chri- 
 stian, and  a  clergyman  more  than  any  other,  is 
 oblig'd  to  regulate  his  life  according  to  that  of 
 Jefus  Chrifl,  who  never  had  any  provifion  of 
 temporalities  for  his  fubfiftence,  that  we  any 
 where  read  of  On  the  contrary,  we  find  that 
 Maty  Magdalen,  her  After,  and  fome  other  de- 
 vout women  follow'd  him,  and  miniitred  unto 
 him  in  his  neceffities.     Indeed  his  almighty 
 
 power 
 
The  Rights  of  Sovereigns.     14.9 
 
 power  did  not  want  the  affiftance  of  human  in- 
 duftry,  for  in  a  cik  .of  extremity  he  could 
 have  work'd  a   miracle  ;  but  we   no  where 
 read  that  he  ever  did  fo  for  his  own  fake  or  fer- 
 vice.     We  read,  that  when  he  had  fcRcd,  and 
 was  an  hungred,    the  devil   tempted  him  to 
 command  the  flones  to  be  made  bread,  but  he 
 would  not  do  it.  Let  it  not  be  fuggefted,  that 
 he  was  not  liable,  by  virtue  of  his  divinity,  to 
 the  evils  of  poverty  3-  for  fm  excepted,  he  was 
 fubjeft,  like  us,  to  all  the  infirmities  of  hu- 
 man nature.     Neither  do  we  read  that  he  ex- 
 erted his  almighty  power  in  creating  any  thing 
 out  of  nothing,  that  being  an  attribute  which, 
 it  feems,  he  was  willing  to  referve  to  his  fa- 
 ther, contenting  himfelf  only  with  the  multi- 
 plication  of  beings,    or  transforming   them  : 
 Thus  he  multiply'd  the  loaves  and  the  few 
 fmall  fifties,  for  feeding  the  multitude,  that 
 followed  him,  and  turn'd  water  into  wine  at 
 the  marriage  of  Quia.     In  a  word,  he  made 
 h  little  ufe  of  his  almighty  power,  that  his 
 difcipies  were  fometimes  redue'd  to  fuch  ne- 
 ceiiity,  that  they  fhiclid  the  ears  of  corti,  and 
 did  eat,  rubbing  them  in  their  hands.     And  our 
 Saviour,  before  he  afcended  into  heaven,  com- 
 manded them  to  eat  of  every  thing  that  was  fet 
 before  them,  without  providing  for  themfehes. 
 Certainly  ^11  thefe  operations  were  not  the 
 effect  of  chance  without  a  myftery,  for  Chrift 
 was  not  govern'd  by  chance  ;  the  view  of  ail 
 his  actions  being  for  our  inftruótion,  and  we 
 
 L  3  ought 
 
I  50     The  Rights  of  Sovereigns. 
 
 ought  to  drive  to  imitate  him,  after  the  ex- 
 ample of  the  apoftles. 
 
 Some  perhaps  may  upbraid  me  with  preach- 
 ing up  a  do&rine  which  1  do  not  pratìife  my 
 felf,  becaufe  I  wear  the   habit  of  an   order 
 which  is  poffcfb'd  of  a  great  eft  ate  ;  I  own  the 
 truth  t)f  the  charge  in  part,  but  hope,  as  to 
 my  felf,  that  I  ftiould  be  a  brother  of  the  or- 
 der, if  my  convent  had  no  endowment  at  all. 
 'Tis  not  my  bufinefs  to  deprive  my  order  of  its 
 poffeflions  ;  and  tho'  it  were  reduc  d  even  to 
 its  ancient  poverty,  it  muft  be  confef/d   it 
 would  fignify  very  little  towards  a  general  re- 
 form, fince  the  many  other  orders  would  cer- 
 tainly refufe  to  come  into  it.     After  riches 
 crept  into  the  Church  of  Chrift,  they  were  fo 
 generally  valu'd,  that  the  Council  of  Trent 
 pafs'd  a  decree  for  excufing  all  friers  from  the 
 vow  of  poverty,  without  fo  much  as  except- 
 ing thofe  who  had  a  mind  to  be  excepted  ; 
 for,  it  feems,  the  monks  were  not  efteem'd  by 
 the  common  people,  if  they  did  not  appear  to 
 live  at  their  eafe,  and  the  Council  was  not 
 willing  that  the  wealth  of  fome  fliould  be  ta- 
 citly reproach'd  by  the  poverty  of  others.   For 
 the  fame  reafon  the  court  of  Rome  often  com* 
 plains  of  the  general  coldnefs  of  charity ,  and 
 want  of  refpeci  among  believers  ,♦  unhappy  dif- 
 pofitions,  which,  fay  they,  cannot  be  correct- 
 ed but  by  deceiving  the  fenfes,  which  only 
 judge  of  what  ftrikes  them  ;    from  whence 
 they  infer,  that  worldly  grandeur  is  a  neceffa- 
 
The  Rights  of  Sovereigns.     151 
 
 ry  expedient  to  imprefs  men  with  that  refpetì: 
 and   reverence,  which,   becaufe  of  their  cor- 
 ruption, cannot  pofnbly  arife  from  the  confide- 
 ration  of  heavenly  treafure.Thus  as  the  Church 
 pioufly  makes  ufe  of  images  of  the  deity,  to 
 promote  the  worfhip  of  God,  whom  no  pen- 
 cil, nor  chizzel,  can  exprefs,  nor  no  ideas  com- 
 prehend ;  fo,  in  order  to  make  minifters  pafs 
 for  great  men,  'tis  proper  to  reprefent  them  to 
 the  eyes  of  the  vulgar  in  the  dazzling  fplendor 
 of  riches.     That  is  the  expedient  which  the 
 Homanijis  have  thought  fit  to  make  ufe  of.  We 
 will  not  inquire  whether  it  be  good,  becaufe 
 all  expedients  being  confider'd  only  as  trials  of 
 skill,  to  make  a  thing  fucceed,  one  does  not 
 expert  them  to  be  as  equitable  as  a  law.  Now, 
 fince  no  expedient,  properly  fo  call'd,  amounts 
 to  the  force  of  a  human  law,  much  lefs  does  it 
 come  up  to  that  of  a  diyine  law  ;  the  obfer- 
 vation  whereof  is  unalterable,  and  abfolutely 
 necefTary  ;  not   from  any   law  of  ftate,  but 
 from  the  equity  of  the  thing  in  nature.     Thus 
 the  court  of  Koinè  carry  a  mark  of  that  guilt 
 in  their  foreheads,  which  they  charge  upon 
 their  enemies,  I  mean  the  crime  of  fubjeéìing 
 the  government  of  God's  Church  to  maxims 
 that  are  meerly  human  ;  mean  time,  can  any 
 thing  be  more  contrary  and  oppofite  than  God 
 and  the  world,  fpiritand  flefli  ?  My  ways  are 
 not  as  your  ways.    The  wifdom  of  this  zvorld  is 
 foolifinefs  with  God,  who  takcth  the  wife  in 
 their  own  craftinefs,     Finally,  'tis  certain  that 
 
 L  4  avian 
 
1 51     Tk  Rights  of  Sovereigns. 
 
 a  man  is  known  by  his  confer fation.  From 
 whence  it  follows,  that  if  we  have  recourfe  to 
 fuch  human  means,  we  fliew  plainly  that  the 
 fpirit  of  God  is  not  in  us  ;  for  divine  wifdom 
 fays,  Truft  in  the  lord  with  all  thy  hearty  and 
 lean  not  tinto  thy  own  wifdom.  He  who  found- 
 ed the  Church  has  promis'd  to  preferve  it.  Be- 
 held 1  am  With  you  unto  the  end  of  the  world. 
 Let  us  not  pretend  to  find  out  means  which 
 Chrift  has  not  taught,  left  we  be  deceiv'd  by 
 trufting  too  much  to  our  felves,  as  men  en- 
 fnaid  by  the  words  of  their  own  mouthy  and  ta- 
 ken by  their  own  facings.  In  fine,  if  a  perfon 
 of  acute  parts  fhould  feek  for  reafons.to  prove 
 that  the  pofTeffion  of  temporalities  is  compa- 
 tible with  the  priefthood,  I  doubt  not  of  his 
 fuccefs  ;  but  he  will  never  be  able  to  prove 
 that  pofTeffion  to  be  neceflary,  much  lefs  to  be 
 injoin'd  as  neceflary  in  the  law  of  God.  From 
 hence  it  follows,  that  the  Church  has  no  title 
 to  the  pofTeffion  of  kingdoms,  nor  of  any  fecu- 
 lar  power  j  for  if  {lie  may  not  poflefs  the  eftates 
 of  private  perfons,'much  lefs  may  fhe  enjoy  the 
 patrimony  of  a  prince.  Whoever  reads  the  gof- 
 pel  will  find,  that  nothing,  next  to  fin,  was 
 more  abhor'd  by  Chrift  than  royalty.  He  there- 
 in exprefly  declares,  My  kingdom  is  not  of  this 
 worlds  if  my  kingdom  were  of  this  world,  then 
 would  my  fervants  fight,  that  I  Jloould  not  be 
 deliver  d  to  the  Jews.  And  as  foon  as  the  peo- 
 ple that  followed  him  would  have  made  him  a 
 kins;,  he  fled.  Indeed  he  was  flander'd  by  the 
 *   •• ,  •      •      -         Pha- 
 
The  Rights  of  Sovereigns.     15$ 
 
 Pharifees  for  taking  upon  him  the  title  of  king; 
 but  that  was  pure  calumny  ;  and  fo  far  was 
 he  from  owning  the  regal  dignity,  that  he  fub- 
 mitted  himfelf  to  be  judg'd  by  the  Roman  Pra> 
 tor  ;  Tliey  delw/d  him  up  to  an  umuft  judge. 
 And  when  Filate  a<k'd  him,  Art  thou  a  king 
 then  ?  J  e  [us  anfwer'd,  Thou  fay  eft  that  1  am  a 
 King.  Again,  when  they  hailed  him  with  the 
 title  of  king,  and  Pilate  laid,  Shall  J  crucify  your 
 king  ?  and  when  they  fet  up  the  inscription  of 
 King  Of  The  Jews  upon  the  crofs;  all 
 this  was  done  by  way  of  fcorn  and  derifion. 
 On  the  other  hand,  he  was  declared  a  king  by 
 the  prophet  many  ages  before.  Behold  thy 
 king  cometh  unto  thee  poor,  and  riding  upon  an 
 aft,  and  upon  a  colt,  the  foal  of  an  afs.  And 
 the  wife  men  fought  him,  faying,  Where  is  he 
 that  is  born  king  oi  the  Jews  Ì  how  ftiail  we  re- 
 concile fuch  contradictory  texts  of  fcripture  ? 
 with  this  one  paflige  only,  Be  lift  up  ye  eger- 
 ia fling  gates,  and  the  king  of  glory  fiali  come  in. 
 This  imports  that  our  Lord  Chrift  is  king  in- 
 deed, but  king  of  an  everlafting  kingdom  ; 
 and  in  this  quality  he  was  acknowledged  by 
 the  prophets,  the  wife  men,  and  thofe  fouls 
 that  had  a  triumphant  entrance  with  him  into 
 heaven  ,•  and  he  explains  it  himfelf  in  thefe 
 terms,  My  kingdom  is  not  of  this  world  ;  by 
 which  he  does  not  deny  his  being  a  king,  but 
 fays  only  that  he  was  not  a  king  of  this  wrrld. 
 Tbe  prince  of  this  world  hath  not  any  thing  in 
 vie, 
 
 He 
 
1 54     The  Rights  of  Sovereigns. 
 
 He  therefore  who  pretends  to  be  Chriffs 
 vicegerent  upon  earth,  ought  to  be  like  him, 
 in  afpiring  to  the  kingdom  of  glory,  and  to 
 abhor  all  temporal  fovereignty  to  that  degree, 
 that  it  may  be  faid  of  him  as  of  CV//?,  he  takes 
 upon  him  the  form  of  a  fervant.  In  fhort,  they 
 ought  to  hate  it  as  much  as  the  ancient  Popes, 
 whofe  title  was,  Bijioop^  fervant  of  the  fervant s 
 of  God.  But  forafmuch  as  the  mind  of  man 
 is  incapable  of  raifing  itfelf  to  thofe  fublime 
 fpeculations,  this  feems  to  me  a  very  fufficient 
 reafon.  Our  Lord  Chrift  conftituted  Peter  and 
 the  apoftles  the  firft  founders  of  the  Church, 
 and  furnifli'd  them  with  all  gifts  neceiTury  for 
 the  building  of  it.  Therefore  he  would,  with 
 very  good  reafon,  be  deem'd  a  heretic,  that 
 Jhould  dare  to  fay  our  Lord  let  them  want  the 
 necefliry  means  for  advancing  and  fupporting 
 the  Church.  Let  us  fee  then  what  talents, 
 what  prerogatives  were  to  be  found  in  the  an- 
 cient Popes  'y  for  as  they  were  eftablifli'd  by 
 the  infallible  fpirit,  they  will  be  a  rule  to  us 
 for  diftinguifhing  the  neceffary  charaderiftics  of 
 true  Popes.  Now  1  do  not  find  that  they  were 
 either  rich,  or  ambitious  of  principalities  or 
 kingdoms  ;  on  the  contrary,  I  obferve  they 
 were  poor  holy  men,  who  mortify 'd  theni- 
 felves  by  the  renouncing  of  all  worldly 
 wealth,  and  many  times  lacrificed  their  lives 
 for  the  faith  of  our  Lord  Chrifl.  'Tis  to  no 
 purpofe  to  urge  that  new  the  times  are 
 chang'd,  that  the  Church  is  at  reft,  fince  the 
 
 martyrs 
 
The  Rights  of  Sovereigns.     155 
 
 martyrs  have  glutted  #the  cruelty  of  the  ty- 
 rants, inibmuch,  that  many  times  the  very 
 executioners,  tho'  in  the  dark  fiate  of  paga- 
 nifm,  have  flood  in  admiration  at  the  conftan- 
 cy  of  the  chriftians,  and  acknowledge  this 
 was  owing  to  a  power  not  human,  but  di- 
 vine ;  and  while  their  hands  have  been  yet 
 reeking  with  the  blood  of  the  martyrs,  have 
 fubmitted  themfelves  to  martyrdom,  for  the 
 confeflion  of  Jefus  Cbriji  :  Since  thofe  times 
 (fonie  will  fay  perhaps)  when  the  flower  of 
 faith  was  fufficiently  fprinkled  by  the  blood  of 
 the  martyrs  ;  fuch  apoftolical  poverty  has  cea- 
 fed  to  be  neceffary.  'Tis  fufficient  that  every 
 good  catholic  be  perfuaded  that  the  Church's 
 poflèflìon  of  Lands,  or  acquifition  of  treafure, 
 dominions,  and  kingdoms,  are  not  eflèntial  to 
 prelates  or  Popes  ;  for  there  has  been  a  Church 
 with  prelates  and  Popes,  perhaps  more  holy 
 than  the  prefent,  who  did  not  enjoy  thefe  tem- 
 poral prerogatives.  JTis  pretty  remarkable 
 that  Mofes,  tho'  God  lov'd  him  fo  well  that 
 he  appointed  him  the  deliverer  of  his  people, 
 and  made  him  the  depofltary  of  his  almighty 
 power,  to  confound  Pharoab,  and  to  keep  the 
 rebellious  Israelites  from  difobedience,  yet  he 
 would  not  have  him  to  be  a  prieft  j  and  whea 
 there  was  a  neceffity  for  one,  God  fingled  out 
 his  brother  Aaron  for  the  priefthood  ;  plainly 
 intimating,  that  the  mitre  and  the  fword,  the 
 crofs  and  the  fcepter,  were  incompatible.  Yet 
 he  was  not  a  whit  the  lefs  favourable  hi  the 
 
 fight 
 
I  $6     T'he  Rights  of  Sovereigns* 
 
 fight  of  God  ;   for  the  fcripture  fays,    Mofes 
 died  according  to  the  word  of  the  Lord,  and 
 that  when  he  was  alive,  God  admitted  him 
 to    fuch    familiarity,     that    he   {poke   with 
 him  face  to  face.     In  a  word,  the  Lord  made 
 him  a  prophet,  but  not  a'prieft  ;  for  the  gift  of 
 prophecy  is  feparate  from  the  prieilhood  ;  and 
 the  priefthood  would  have  as  ill  become  Mofesy 
 as  the  gift  of  prophecy  would  become  him 
 that  reprefents  the  peifon  of  a  ibvereign.  Mo- 
 fes loved  Aaron  nevertheless  $    for  one  day 
 their  wives  being  at  variance,  Mofes  curs'd  his 
 fifter-in-law  ;  who  being  thereupon  immedi- 
 ately cover'd  with  a  leprofy,  Aaron  had  re- 
 courfe  to  Mofes  to  cure  her  ->  upon  which  he 
 pray'd,    and  ihe  was  prefently  heal'd.     All 
 thefe  privileges  he   enjoy 'd   without  being  a 
 prieft,  for  reafons  already  mention'd.     Daniel 
 was  fo  entirely  belov'd  by  God,  that  he  fays 
 of  him,   7  have  found  a  man  after  ?ny  own 
 heart  ;  therefore,  of  a  fliepherd,  he  made  him 
 a  king,  gave  him  victory  in  forty  battles,  pro- 
 tected him  from  the  ftrength  of  the  giant,  and 
 the  perfecution  of  Saul,  gave  him  the  fpirit  of 
 prophecy,  fanéìify'd  him  thro'  repentance,  and 
 reveal'd  fuch  divine  Arcana  s  to  him  ,    that 
 whatever  be  wrote  was  the  voice  of  the  holy 
 fpirit.     More  than  all  this,  Jefus  Chrift  ftil'd 
 himfelf  the  fon  of  David;  yet,  with  all  thefe 
 advantages,  David  was  not  a  prieft,  becaufe  it 
 was  abfolutely  neceffary  for  the  people  to  have 
 z  good  king,  and  a  better  coqlcj  not  be  found 
 
 than 
 
The  Rights  of  Sovereigns-     157 
 
 than  David  in  any  other  line  ;  and  I  am  firm- 
 ly perfuaded,  that  if  a  prieft  might  have  been 
 king  at  the  lame  time,  no  body  in  the  world 
 was  more  worthy  than  David  of  both  thole 
 qualities  ;  but  God  would  not  have  it  lb,  ei- 
 ther for  our  inftru&ion,  or  not  to  expofe  him 
 to  the  danger  of  fuch  a  ftrong  temptation. 
 
 We  conclude,  therefore,  that  the  enjoy- 
 ment of  temporal  eftates,  dominions,  and 
 kingdoms,  by  a  Pope,  is  foreign  to  the  ponti- 
 fica^ and  is  like  depositing  a  ftandard,  and 
 fome  cannon  bullets  in  a  Church,  which  indeed 
 fiiew  the  devotion  of  the  donor,  but  have  no 
 relation  at  all  to  the  Church  ;  and  if  they  are 
 taken  from  the  Church,  flie  lofes  nothing  by 
 the  bargain.  So,  we  fay,  that  the  pofTeffion 
 of  thofe  eftates  has  no  manner  of  relation  to 
 the  proper  interefts  of  the  Church  ;  fo  that 
 every  one  may  difpute  her  right  and  title  to 
 fuch  pofieifion  ,  without  violating  the  leaft 
 punctilio  of  refpeft  due  to  the  Pope  ;  for  a 
 man  is  no  more  a  Pone  with  the  poiTeflion 
 of  fuch  eftates  and  fovereignties,  than  he  is 
 without  any  the  leaft  marks  of  fovereignty  ; 
 which  was  the  cafe  of  the  Popes  for  a  long  fe- 
 ries  of  ages  paft.  This  being  fufficient,  we 
 proceed  to  another  queftion. 
 
 CHAP. 
 
158     TJje  Rights  of  Sovereigns. 
 
 CHAP.     IX. 
 
 Whether  a  republic,  as  well  as  a  free 
 prince,  may  be  depriva  of  their  do- 
 minions by  virtue  of  excommuni- 
 cation ? 
 
 HP  H  E  decifion  o£  this  queftion,  in  a  ftriéì 
 ■*■  fenfe,  muft  be  own'd  to  be  very  unne- 
 cessary ;  fince  it  was  fufficiently  prov'd  in  the 
 5th  Chapter,  that  a  free  prince  cannot  in  right 
 be  depriv'd  of  his  dominions  under  pretence 
 of  excommunication  $  from  whence  it  fol- 
 lows, that  fuch  deprivation  can,  with  far  lefs 
 colour  of  reafon,  be  denounc'd  3gainft  a  re- 
 public ;  for  'tis  a  maxim  with  the  court  of 
 Rome  never  to  excommunicate  an  entire  city, 
 much  lefs  feveral  cities  and  countries,  which 
 are  generally  comprehended  in  a  republic.  But 
 in  a  cafe  of  contumacy,  the  Pope  ufes  to  pub- 
 lifli  an  interditì,  which  is  a  punifliment  far  lefs 
 than  excommunication,  as  (hall  be  fliewn  by 
 and  by  ;  fo  that  fince  it  has  been  prov'd  that 
 'tis  unjuft  to  add  the  deprivation  of  eftates  to 
 another  punifliment  that  is  more  fevere,  it 
 would  certainly  be  much  more  unreafonable 
 to  add  it  to  a  punifliment  that  is  not  equal  to 
 it  ;  from  whence  it  follows,  as  a  known  truths 
 that  when  the  partifans  of  the  court  of  Rome 
 
 are 
 
TJje  Rights  of  Sovereigns.     159 
 
 are  agreed,  that,  according  to  our  firft  propo- 
 rtion, a  free  prince  cannot  lawfully  be  de- 
 prive of  his  own  dominions,  they  will  be  ob- 
 lig'd,  with  much  more  reafon,  to  own  the 
 fame  thing  with  refped:  to  a  free  republic  ,•  but 
 'tis  in  vain  to  expeft  they  will  ever  be  fo  can- 
 did as  to  make  this  fair  conceffion  ;  for,  let  a 
 maxim  be  never  fo  reafonable,  they  will  not 
 yield  to  the  force  of  it,  if  it  carries  the  leaft 
 difadvantage  in  it  to  the  papal  authority  ;  info- 
 much,  that  even  tho'  a  truth  fliould  be  de- 
 monftrated  to  them  mathematically  ,  they 
 would,  at  leaft,  raife  objections  againft  it,  if 
 not  pretend  to  confute  it.  For  this  reafon  I 
 was  oblig'd  to  add  this  queftion  here,  for  the 
 abundant  confolation  of  all  fincere  minds,  to 
 let  them  fee,  as  I  have  already  faid,  that  not 
 a  free  prince,  and  much  lefsa  republic,  can  be 
 legally  depriv'd  of  their  dominions,  by  virtue  of 
 excommunication. 
 
 Before  we  proceed,  let  us  ftate  the  diffe- 
 rence between  excommunication  and  an  inter- 
 dióì.  Excommunication,  as  has  been  already 
 faid,  is  the  cutting  off,  by  which  an  ecclefiafti- 
 cal  judge  feparates  a  chriftian  from  the  whole 
 body  of  the  Church,  by  reafon  of  a  pretended 
 crime  :  Now,  the  confequence  of  this  fepa- 
 ration  is,  that  the  perfon  who  is  excommuni- 
 cate is  debarr'd  from  receiving  the  facraments, 
 and  cannot  apply  to  himfelf  the  merits  of  the 
 head  and  members  of  the  Church  ;  fo  that  he 
 is  look'd  upon  as  a  Pagan  and  a  Publican.  In- 
 *  deed 
 
1 60    The  Rights  of  Sovereigns. 
 
 deed  excommunication  does  not  (trip  him  of 
 faith,  that  being  ah  aft  of  the  foul,  but  de- 
 prives him  of  the  fruits  of  faith.  From 
 hence,  therefore,  I  infer,  that  excommuni- 
 cation is  the  vvorft  curfe  that  can  be  denounc'd 
 againft  one  who  confefTes  Chrift  Jefus,  and  that 
 'tb.  In  fliort,  the  ne  firn  ultra  of  the  Church's 
 power  to  punifh  offenders. 
 
 On  the  other  hand,  an  interdici:  is  no  more 
 than  a  rod,  which  the  Church  makes  ufe  of  ra- 
 ther to  terrify  than  punifh  a  rebellious  firmer, 
 in  order  to  make  him  return  to  himfelf,  and 
 has,  for  its  view,  the  correction  of  fuch  crimi- 
 nals, and  not  their  deflruftion,  either  in  this 
 mortal  life,  or  that  which  is  to  endure  for 
 ever  ;  for  a  chriftian's  being  under  an  interdict, 
 is  no  bar  to  his  falvation,  hnce  the  Church,  all 
 the  while,  does  not  deny  him  baptifm,  nor 
 confirmation,  nor  confeffion,  nor  marriage  on 
 certain  licenfed  days,  nor  the  convention  of 
 the  faithful,  nor  the  communion  at  the  hour 
 of  death,  nor  preaching,  nor  the  recommen- 
 dation of  his  foul,  nor  even  the  facrifice  of 
 the  mafs  on  certain  days  of  the  year.  Indeed 
 'tis  his  very  great  unhappinefs  to  be  depriv'd 
 of  the  daily  mafs,  of  extreme  un&ion,  of 
 chriftian  burial,  and  of  prieft's  ordination  j  be- 
 caufe  he  can  have  no  part  in  the  oblation  of 
 that  living  facrifice,  which  reconciles  God  the 
 Father  to  wretched  finners,  nor  nourilh  him- 
 felf, in  this  life,  with  the  bread  of  heaven, 
 that  carries  with  it  all  the  heavenly  graces, 
 
 and 
 
l^he  Rights  of  Sovereigns.     I  <5i 
 
 and  all  the  riches  of  the  deity  ;  nor  fortify  him- 
 felf  with  extreme  untìion,  which  is  the  facra- 
 ment  of  departing  fouls,  for  his  pafTage  from 
 the  prefent  life  to  eternity.  And,  finally,  'tis 
 no  fmall  grief  to  him  that  he  is  depriv'd  of 
 thè  confolation  of  having  his  bones  laid  to  reft 
 in  the  facred  coemetery  of  chriftians,  as  in  the 
 bofom  of  our  common  mother  jj  but,  how- 
 ever, the  other  facraments,  which  are  free  for 
 him  to  make  life  of,  are,  even  according  to 
 the  opinion  of  the  Romiflo  cafuifts,  Sufficient 
 helps  to  conduci:  a  man  to  the  poffeflion  of 
 éVerlafting  happinefs.  To  render  this  diffe- 
 rence more  viable,  I  filali  give  this  familiar 
 example  :  'Tis  the  very  fame  cafe  with  excom- 
 munications and  interdicts  as  it  is  with  the 
 monks,  who  abfolutely  expel  from  their  con- 
 vent a  fubjeét  who  is  rebellious  and  convicted 
 of  any  great  crime  ;  but  only  impofe  certain 
 penances  on  one  who  is  guilty  of  a  fmall  fault, 
 without  depriving  him  of  the  common  privile- 
 ges of  the  fraternity.  I  do  not  fpeak  here  of  the 
 facraments  óf  marriage  and  ordination,  which 
 are  forbid  to  a  perfon  who  is  under  an  inter- 
 did,  becaufe,  tho'  both  thofe  facraments  ought 
 to  co-operate  to  the  benefit  and  falvation  of 
 believers  ;  yet  when  abus'd,  as  fometimes 
 they  are,  they  tend  to  a  perfon's  ruin  and  de- 
 ftru&ion  ;  therefore,  I  do  not  look  upon  them 
 as  abfolutely  neceflary  to  falvation.  This  is 
 enough  to  fhew  the  difference  there  is  between 
 the  two  eeelefiaftical  puriifhments,and  that  an  in- 
 
 M  terdid 
 
1 6z     The  Rights  of  Sovereigns. 
 
 terdid  is  a  very  flight  punifhment  in  compari- 
 fon  of  excommunication.  The  confequence 
 therefore  is  very  fair  and  plain,  whether  it  be 
 granted,  or  not,  by  the  Romanifts,  that  fince 
 a  free  prince  cannot  be  depriv'd  of  his  domi- 
 nions by  excommunication,  an  interdici  can 
 by  no  means  fubjeét  him  to  fuch  deprivation  at 
 the  fame  time  j  for  as  the  addition  of  that 
 claule  to  all  excommunications  is  irregular,  it 
 would  be  flill  worfe  to  tack  it  to  an  interdict, 
 which  is  a  punifhment  far  inferior  even  to  the 
 minor  excommunication.  I  am  apt  to  think 
 there  is  no  logician  upon  earth  but  will  draw 
 the  fame  confequence,  and  that  enough  has 
 been  faid  to  convince  fcrupulous  confciences 
 how  abfurd  it  would  be  for  an  ecclefiaftical 
 judge  to  infliot temporal  punifliment  fora  fpi- 
 ritual  crime,  fuppoling  no  other  reafon  for  it 
 than  the  enormity  of  fuch  crime  ,  at  the 
 fame  time  that  he  inflióis  a  fpiritual  punifli- 
 ment fevere  enough  for  the  greateft  of  crimes. 
 And  from  hence  it  may  be  clearly  infer'd,  even 
 according  to  the  maxims  of  the  See  of  Romey 
 that  whoever  falls  under  an  interdid,  has  no 
 reafon  to  fear  being  depriv'd  of  his  domi- 
 nions. 
 
 Now  we  will  confider  what  reafon  the  court 
 of  Rome  has  for  not  excommunicating  a  city 
 or  republic,  as  well  as  a  free  prince.  How 
 flagrant  foever  be  the  crime  and  difobedience 
 oi  a  republic,  all  the  wit  of  man  can  only  judge 
 of  the  faft  by  appearance,  cho'  there  flioald 
 
 4.  not 
 
The  Rights  of  Sovereigns.     1 6$ 
 
 not  be  the  lead:  doubt  of  the  real  otfender.  'Tis 
 very  well  known  that  a  republic  is  a  politi- 
 cal body,  conflicted  of  many  members,  which 
 is  not  govern'd  alter  the  manner  of  human 
 bodies,  whofe  members  feem  generally  diffe- 
 rent in  their  particular  operations,  tho'  they  atì: 
 all  upon  one  and  the  fame  principle  and  me- 
 thod of  operation.  Among  the  aphorifms  of 
 Hippocrates,  this  is  one  :  cc  Tis  the  fame  thing 
 "  to  draw  blood  from  one  vein  as  from  ano- 
 cc  ther,  becaufe  it  may  be  faid  of  them  all, 
 cc  Confenfw  mm  &  conjpiratio  una."  The  fame 
 form  of  government  holds  in  a  free  fiate,  in 
 which  there  are  various  Councils  ,•  but  they 
 all  receive  motion  from  the  will  of  the  fove- 
 reign,  who,  like  a  heart  to  the  body,  diffufes 
 fpnits,  blood,  and  fuch  other  alterations  as 
 are  fuitable  to  his  own  difpofition.  But  the 
 model  of  a  republic  is  different,  becaufe  every 
 member,  which  makes  a  part  of  that  body, 
 has  its  operations  independent  on  the  fenci- 
 ments  of  the  other  parts  ;  and  every  one  of 
 them  may  be  confiderai  diftinóily  as  a  micro- 
 cofm  of  the  whole  fphere,  of  which  he  is  re- 
 ally but  a  part.  Tho'  one  citizen,  or  fubjeót, 
 may  have  more  power,  or  parts,  than  another, 
 it  does  not  follow  that  he  has  a  right  to  com- 
 pel the  other,  whether  he  Will  or  no,  to  be  of 
 his  own  opinion.  He  may  indeed  do  what  he 
 can  to  perfuade  him,  but  muft  life  no  vio- 
 lence ;  for  if  he  fhouid  proceed  to  extremity, 
 he  would,  by  fo  doing,  fubvert  the  order  of 
 
 M  2  eovern- 
 
1 64     The  Rights  of  Sovereigns. 
 
 government,  and  introduce  infupportable  ty- 
 ranny.    If  any  refolutions,  pafs'd  in  a  fenate, 
 are  fo  far  difobedient  to  the  Church  as  to  de- 
 leave her  cenfures,  it  will  be  no  eafy  matter  to 
 diftinguifh  which  of  the  fenators  voted  for  the 
 affirmative  -,  and  fliall  therefore  the  whole  fe- 
 nate be  excommunicated  in  the  lump  ?  This 
 would  be  to  involve  the  innocent  with  the 
 guilty,  fince  it  may  happen  that  fome  of  the 
 members  never  voted  their  way.    But  to  avoid 
 this  extreme,  Chrift  has  told  us,  that  it  is  bet- 
 ter to  pardon  a  hundred  criminals  than  to  pu- 
 nifli  one  innocent  perfon  ;  and  the  Church, 
 which  knows  how  much  ihe  is  oblig'd  to  imi- 
 tate that  divine  matter,  difpenfes  with  excom- 
 munication, which  is  the  extremeft  degree  of 
 punifliment,  and  has  recourfe  only  to  an  inter- 
 did:,  which,  tho'  it  takes  in  all  republicans, 
 cannot  be  reckoned  for  a  deftru&ive  remedilefs 
 punifliment,  becaufe  it  carries  along  with  it  a 
 corrective  ;  for  as  we  have  already  fhewn,  an 
 interditì  does  not  deprive  believers  of  thofe 
 helps  that  are  neceflary  to  their  falvation. 
 
 It  may  be  objected,  perhaps,  that  when 
 there  is  a  certainty  that  fuch  refolution  of  a  fe- 
 nate is  pafs'd  by  the  unanimous  votes  of  all  the 
 members,  excommunication  would,  in  fuch  a 
 cafe,  be  denoune'd  with  juftice  againft  the 
 faid  fenate,  as  fuppofing  all  the  members  were 
 delinquent;  but  1  anfwer,  this  reafon  will  not 
 hold  with  refpedt  to  the  reft  of  the  fubjeóts  of 
 fuch  republic,  becaufe  'tis  impoflible  for  all 
 
 of 
 
T'be  Rights  of  Sovereigns.     16$. 
 
 of  them  to  be  fenators,  who,  according  to  the 
 pra&ice  of  all  the  republics  in  the  world,  are 
 only  a  number  of  the  beft  fubjetìs,  chofen  out 
 of  the  whole.  But  admitting  that  a  refolution 
 was  formed  by  the  concurrence  of  all  the  fub- 
 jetìs,  yet,  as  they  have  no  fliare  in  the  admi- 
 niftration,  fo  they  can  have  no  filare  of  the 
 guilt  of  it  ;  and  confequently,  when  a  whole 
 republic  is  excommunicated,  it  would  be  ab- 
 folutely  impoflible  for  the  innocent  to  efcape 
 being  punifh'd  with  the  guilty,  and  the  former 
 might  chance  alfo  to  be  the  greater  number. 
 
 If  the  republic  happen  to  be  a  democracy,  'tis 
 certain  the  commonalty  cannot  be  refponfible 
 for  the  atìions  of  thofe  magiftrates,  or  fena- 
 tors,  whom  they  have  instituted,  or  deputed  ; 
 and  it  is  a  mere  jeft  to  fay,  that  the  commo- 
 nalty, in  fuch  a  cafe,  are  oblig'd  to  chufe,  or 
 concitate  other  magiftrates,  or  fenators,  better 
 difpos'd,  in  order  to  repair  the  contumacy,  or 
 other  mifconduft  of  the  former,  and  that  if  the 
 commonalty  refufe  fo  to  conftitute  new  ones, 
 they  incur  the  guilt  of  their  deputy's  misbe- 
 haviour. This  pretence,  I  fay,  is  not  to  be  al- 
 low'd,  becaufe  the  commonalty  having  de- 
 puted, or  chofe  the  fenators,  or  magiftrates, 
 with  a  view,  as  'tis  fuppos'd,  only  to  the  pub- 
 lic weal,  and  the  good  government  of  the 
 frate  ;  'tis  not  the  fault  of  thofe  that  deputed 
 them,  if  matters  do  not  fucceed  accordingly, 
 and  the  ele&ors  ought  ftill  to  be  well  thought 
 of  j  fince,  by  the  fame  argument,  if  a  doftor 
 
 M  3  be 
 
\66     Tloe  Rights  of  Sovereigns. 
 
 be  chofe  pbyfician  to  an  hofpital,  and  all  the 
 patients  ftiould  happen  to  die  under  his  hands, 
 t'.oe  who  deputed  him  would  be  to  blame  for 
 it.  ti o',  when  they  eleded  him,  they  had  all  the 
 moral  certainty,  that  could  be,  of  his  fuffici- 
 encv.  Another  reafonftill,  which  fecures  the 
 con.fnonaity  from  being  refponfible  for  the 
 fcuirs  of  their  magiftrates,  is  this  :  That  by 
 arpo'nting  a  fenate,  or  magiftrates,  and  vett- 
 ing the  authority  in  their  hands,  they  fhut 
 rhemieives  entirely  out  of  the  fecret  $  io  that 
 not  kno -ving  the  caufes  which  determine  the 
 fefufcfc,  or  magiftrates,  to  form  fuch  or  fuch 
 reiciutions,  they  have  no  plea  to  condemn,  or 
 r:    ^de  ihem,  and  annul  their  decrees. 
 
 From  all  this  it  may  be  concluded,  that  tho* 
 wruu"  I  have  demonftrated  to  be  true  were  ab- 
 foiuteiy  ialfe,  and  that  a  free  prince  might  be 
 deprived  of  his  dominions  by  virtue  of  excom- 
 munication, yet  a  republic  cannot  run  that  risk, 
 Lccauie  the  fame  is  never  excommunicated  de 
 jail  ,  nor  can  it  be  ever  de  jure^  the  court  of 
 Knme  themfelves  being  confcious  of  their  in- 
 difpenhble  obligation  not  to  confound  the  in- 
 ir>ctnt  with  the  guilty.  Moreover,  fince  it 
 m.  y  Mi  out  there  will  be  fome  perfons  whofe 
 innocence  alone  may  protect  them  from  ecclefi- 
 aftical  excommunication,  it  will  be  always  al- 
 lowable for  every  private  perfon,  in  cafe  he  be 
 excommunicated,  to  examine  ftriftly  whether 
 he  i:>  innocent  or  guilty,  in  order  to  fee  whe- 
 ther his  excommunication  be  juftly  founded  ; 
 
 for 
 
The  Rights  of  Sovereigns.     i6j 
 
 for  if  it  be  not,  he  will,  by  that  means  alone,  be 
 fafe  from  all  the  confequences  of  the  excom- 
 munication ;  which  being  unjuft,  cannot  poffi- 
 bly  fubfift,  according  to  one  of  our  maxims, 
 laitl  down  in  another  part  of  this  difcourfe, 
 and  which  we  fliall  more  and  more  confirm 
 hereafter. 
 
 Now  the  confequence  of  all  this  is,  that 
 'tis  not  an  article  of  faith  to  believe  that  eve- 
 ry excommunication  is  valid,  becaufe  it  makes 
 a  great  noife,  before  it  has  pafs'd  the  touchftone 
 of  a  fevere  examination  ;  foce ,  as  I  have 
 laid  elfewhere,  excommunication  being  only 
 the  effect  of  human  judgment,  and  by  confe- 
 quence fubjed:  to  fallacy  and  delufion,  if  the 
 judge  has  actually  given  into  fuch  delufion,  it 
 would  be  a  wicked  thing  to  fuppofe  that  God 
 would  approve  of  the  miftake  of  oppreffing 
 one  who  is  guilty  only  in  appearance.  There- 
 fore, to  prevent  fuch  delufion,  'tis  not  only 
 lawful  to  examine,  but  alfo  an  appeal  is  allow- 
 able to  make  this  examination  in  order,  and 
 canonically,  as  the  true  touchftone,  that  can 
 Ihew  us  the  truth  or  fallhood  of  fuch  fen- 
 tences. 
 
 M  4  CHAP, 
 
1 6%     Hoe  Rights  of  Sovereigns. 
 
 G  H  A  P.     X. 
 
 Whether  a  fecular  prince  has  a  law-* 
 fui  right  to  receive  the  clergy  s 
 tenths,  ana  to  order  what  is  useful 
 to  the  fiate,  with  refpetl  to  the 
 efiates  and  perfons  of  ecclefiaftics  ? 
 
 13  E  fore  I  proceed  to  the  particular  exami- 
 *^  nation  of  the  clergy's  tenths,  I  would 
 have  us  make  fonie  general  refleótions  upon 
 the  right  that  fecular  princes  have  to  exa<S  the 
 tenths  of  the  eftates  of  their  lay-fubje&s,  and 
 to  impofe  on  them  taxes,  gabels,  fubfidies, 
 tolls,  &C.  And  before  we  enter  into  thefe 
 considerations,  we  ought  to  inquire  how  far  a 
 fubjeét  is  oblig'd  in  confcience  to  obey  his 
 prince,  and  whether  he  fins  by  difobedience. 
 
 The  fii  ft  precept  of  the  fecond  table  of  the 
 decalogue  is  to  honour  our  father  and  mother. 
 Now  there  is  not  a  catholic  expofitor  upon 
 earth,  but,  by  the  words  father  and  mother3 
 underftands  and  includes  the  fpiritual  and 
 temporal  nobility  in  fuch  a  fenfe ,  that  a 
 man  is  oblig'd  ,  by  the  divine  law  ,  to 
 honour  his  legal  father,  that  is  to  fay,  his 
 prince,  or  his  prelate,  as  much  as  his  car- 
 nal father,  from  whom  hi  derives  his  birth  ,- 
 unlefs  it  fliould  be  objected,  that  the  ten  com- 
 mandments are  not  univerfal,   and  that  he, 
 
 who 
 
The  Rights  of  Sovereigns-     1 69 
 
 who  has  not  a  father  by  blood  alive,  is  only 
 obliged  to  the  obfervation  of  nine.     But  there 
 is  no  body  who  has  not  either  a  father,  or  fu- 
 perior, in  fome  fenfe  or  other  :   In  this  cafe, 
 every  patient  is  inferior  to  his  phyfician,  every 
 layman  to  his  mailer  ;  and  even  a  prince,  who 
 has  no  fuperior  in  hurnams^  has  his  fuperior  a- 
 jnong  the  ecclefiaflics.     In  fliort,   the  Pope, 
 who  has  no  fuperior  in  dignity,  has  his  fupe- 
 riqr  in  fome  fpccial  cafes,  when,  as  a  finner,  he 
 makes  conleiiion  to  another,  who,  during  his 
 fun&ion,  is  more  a  Pope  than  himfelf.     Our 
 Lord  Chift  alfo,    as  man,    had   parents,  on 
 whom  he  depended,  who  were  confequently 
 his  fuperiors  $  and  when  the  virgin  Mary  found 
 him,  after  tedious  fearch,   file  laid  unto  him, 
 Son,  why  haft  thou  thus  dealt  with  w  ?  behold 
 thy  father  and  I  have   fought  thee  [orr owing. 
 She  did  not  fpeak  this  by  way  of  hyperbole, 
 for  flie  very  well  knew  the  divinity  of  her  fon, 
 both  by  the  revelation  of  the  angel,  and  the 
 infpiration  -of  the  Holy  Ghoft  ,•  but  fhe  fpoke 
 after  this  manner,  becaufe  Jofeph  was  his  fa- 
 ther by  adoption  ,    as  God  was  by  nature  ; 
 moreover,  the  Evangeli!!  adds,  he  was  fubjeff 
 unto  them.    Formerly,  a  father  by  adoption  had 
 fuch  authority  over  his  adopted  fon,  that  he 
 hacj  a  right  to  punifli  him,  when  he  offended, 
 as  much  as  if  he  had  been  his  own  natural  fon. 
 Therefore  this  necelTity  of  fubjeclion,  or  fub- 
 Oiclination,  from  which  no  perfon  whatfoever 
 ib  exempt  forms  a  kind  of  hierarchy,  which 
 
 leads 
 
170     The  Rights  of  Sovereigns. 
 
 leads  us  to  the  apprehenfion  and  acknowledg- 
 ment of  the  neceffity  of  a  firft  principal  of  all 
 things  that  are  in  the  world.  Thus  Diomfim 
 the  Areopagite,  before  he  was  enlightned  by 
 faith,  faid  as  much  as  it  was  poflible  for  man, 
 guided  by  natural  reafon  alone,  to  fay,  Caufa 
 caufamm  mtferere  mei  !  i.  e.  0  caufe  of  caufes 
 lave  mercy  oh  me  !  Afterwards,  when  he  had 
 the  good  fortune  to  be  inftru&ed  by  St.  Paul> 
 with  whom  he  difputed,  he  profefs'd  chrifti- 
 anity,  became  the  apoftle  of  the  Gauls,  and 
 was  efteem'd  one  of  the  chief  faints  of  the  ca- 
 tholic Church. 
 
 It  was  therefore  necefTary  to  make  this  di- 
 greflion,  to  fhew  that  every  body,  from  the 
 loweft,  even  to  the  higheft,  has  a  fuperior  in 
 fbme  fenfe  or  other  ;  a  corlfideration,  which, 
 by  endlefs  progreffion,  brings  us  to  the  pillars 
 of  that  divine  Hercules,  where  is  the  non  plus 
 ultra  of  fuperiority  and  grandeur.  Now,  fince 
 every  one  has  fuperiors,  and  that  he  is  oblig'd 
 to  obey  thofe  fuperiors  by  the  exprefs  com- 
 mand of  God,  it  follows,  by  confequence, 
 that  every  one  ought,  by  virtue  of  the  fame 
 divine  command ,  to  pay  obedience  to  his 
 prince,  fear  thou  the  Lord  and  the  king,  fays 
 Solomon  ;  where,  tho'  he  places  the  king  in  the 
 fecond  rank,  he  feemsto  mean.,  that  the  obli- 
 gation of  obedience  to  God  and  the  king  is 
 in  fome  fort  equal.  This  is  what  I  think  all 
 are  agreed  in  ;  but  if  I  Ihould  go  about  to  ex- 
 pend the  obligation  of  fearing  and  honouring  to 
 
 that 
 
Tlje  Rights  of  Sovereigns.     171 
 
 that  of  contributing,  I  apprehend  that  I  fliould 
 meet  with  fome  who  would  not  be  lb  ready  to 
 give  into  my  opinion  :  Yet  they  are  fynonymous 
 terms  in  the  law  of  God.  'Tis  faid  in  the  Pro- 
 verbs,  Honour  the  Lord  with  thy  fub fiance  ; 
 which  fort  of  honour  confifts  in  paying  tribute 
 or  imports  ;  for  to  honour  another  with  one's 
 fubftance,  can  mean  nothing  elfe  than  giving 
 him  a  part  thereof. 
 
 To  pafs  from  the  text  to  the  explication  of 
 it.  We  fay,  that  a  prince  is  oblig'd,  by  di- 
 vine authority,  to  defend  his  dominions,  to 
 proteft  his  fubje&s,  to  procure  them  provi- 
 sions, to  guard  them  againft  contagions,  male- 
 factors, and  public  enemies,  and  to  do  them 
 fo  many  other  offices,  that  a  great  man,  who 
 perfetìly  knew  the  heavy  weight  of  govern- 
 ment, faid,  if  ever  he  fiiould  happen  to  find  a 
 crown  in  his  way,  he  would  not  fo  much  as 
 ftoop  to  take  it  up  from  the  ground.  This  be- 
 ing the  cafe,  'tis  but  reafonable  that  the  prince 
 fiiould  be  rewarded  for  all  his  fatigue,  and 
 that  for  this  end,  he  fliould  have  the  means  in 
 his  own  hands  for  obliging  his  fubje&s  to  grant 
 him  a  fupply  towards  his  expences  ;  which 
 means  are  taxes,  tenths,  and  various  forts  of 
 imports,  which  he  has  the  power  of  raifing. 
 'Tis  well  known  that  the  treafury  refembles 
 the  fpleen,  which  is  nourifli'd  with  a  part  of 
 the  aliment  of  the  other  members,  and  which, 
 while  it  is  in  a  certain  ftate  of  mediocrity,  pre- 
 ferves  the  body  in  health.  Therefore  'tis  equal- 
 
171     The  Rights  of  Sovereig  ns< 
 
 ly  criminal  in  thefubjetìs,  to  refufe  paying  the 
 prince  moderate  imports,  and  in  the  prince, 
 not  to  take  care  of  the  people  under  his  go- 
 vernment :  Thus,  when  the  night  ciofes  the 
 eyelids  of  mankind  to  fleep,  the  heavens  open 
 millions  of  eyes  upon  them,  as  it  were  to 
 watcivfor  their  prefervation  ;  fo  that  we  may 
 fay,  aflra  regimi  homines^  with  the  poet,  & 
 et'iam  cwant. 
 
 This  right  of  fovereigns  to  levy  tenths,  and 
 other  -imports,  on  their  fubjeds,  both  for  an 
 acknowledgment  of  his  fovereignfy,  and  de- 
 fraying the  expences  of  his  government,  is  fo 
 lawful  and  univerfal,  that  even  infidel  princes 
 are  not  excluded  from  it  ;  fo  that  chriftians, 
 \vho.happen  to  be  born  in  the  TurkiJJj  domi- 
 nions, are  oblig'd  in  confcience,  as  long  as  they 
 liv.e  there,  to  difcharge  all  the  duties  of  their 
 dependence.  Trincipi  populi  uà  non  ?naledices; 
 for  if  we  were  not  oblig'd  to  this  acknow- 
 ledgment by  the  bonds  of  faith,  yet  thofe  of 
 fociety  demand  it  ;  and  'tis,  moreover,  decided 
 by  the  canons,  that  we  ought  to  place  an  infi- 
 del in  the  rank  of  our  neighbour,  becaufe  he 
 is  capable  of  being  a  partaker  of  the  benefits 
 of  our  Saviour's  redemption,  if  he  will  obey 
 the  gofpel.  This  is  what  Jefvs  Chrifl  defign'd 
 alfo  as  a  leflTon  for  us,  who,  when  a  certain 
 lawyer  ask'd   him,  Mafter^  what  JJoall  I  do  to 
 
 tit  eternal  life  ?  the  mm  of  his  anfwer  was, 
 Loy'f  God  and  thy  neighbour.  To  which  the 
 iawyer  demanding,  Who  is  my  neighbour  ?   Je- 
 
 fus 
 
The  Rights  of  Sovereigns-     173 
 
 fits  told  him  the  (lory  of  that  inhabitant  of  Je- 
 rusalem, &£.  one  that  liv'd  after  the  law  of 
 Mofes,  who  fafling  among  thieves,  was  ftript 
 of  his  raiment,  and  fo  wounded,  that  they 
 left  him  half  dead  :  But  by  chance  there  came 
 down  a  certain  prieft  off  the  law  that  way, 
 and  when  he  faw  him,  he  pafs'd  by  on  the 
 other  fide  :  And  likewife  a  levite,  /.  e.  a  mi- 
 nifter  of  the  temple,  when  he  was  at  the  place, 
 came  and  look'd  on  him,  and  pafs'd  by  on  the 
 other  fide  ;  but  a  certain  Samaritan,  one  who 
 profefs'd  another  religion,  as  he  journeyed, 
 came  where  he  was,  and  when  he  faw  him,  he 
 had  compaflion  on  him,  and  went  to  him, 
 bound  up  his  wounds,  carry'd  him  to  an  inn, 
 and  paid  the  hoft  for  his  cure.  Now,  fays  Jefus 
 Chnft  to  the  lawyer,  which  ofthefe  three,  think- 
 eft  thou,  was  neighbour  unto  him  that  fell  among 
 the  thieves  Ì  why,  he  did  not  fcruple  to  fay  the 
 Samaritan,  who  Jhevtfd  mercy  on  him.  Jefus 
 Chrift  approv'd  of  his  anfwer,  by  faying,  go  and 
 do  thou  likewife  :  So  that  a  chriftian  is  oblig'd 
 to  look  upon  him  as  his  neighbour,  who  fhews 
 him  a<Ss  of  charity.  From  hence  I  infer,  that 
 if  men  are  oblig'd  in  confcience  to  be  obe- 
 dient and  tributary  fubje&sto  an  infidel  prince, 
 under  whofe  government  they  live,  they  have 
 much  more  reafon,  furely,  to  pay  fuch  obe- 
 dience and  tribute  to  a  chriftian  prince,  their 
 natural  fovereign,  to  whom  they  are  united  by 
 the  profeffion  of  the  fame  faith  ;  and  that  who- 
 ever 
 
1 74     ^Tht  Rights  of  Sovereigns. 
 
 ever  tranfgrefles  this  command,  is   guilty  of 
 the  breach  of  God's  law. 
 
 We  will  now  proceed  to  try  how  far  the 
 argument  will  bear  with  refpetì  to  the  ciergy. 
 The  queftion  then  is,  whether  a  fecular  prince 
 has  a  legal  authority  to  demand  the  clergy's 
 tenths4?  To  this  I  anfwer  readily,  that  if  the 
 obligation  of  fubjetìs  to  their  prince  is  as  ge- 
 neral as  that  of  the  prince  to  his  fubjefts, 
 (which  was  demonftrated  juft  now)  the  cler- 
 gy are  under  an  indifpenfible  neceflity  to  plead 
 iome  fpecial  privilege  that  exempts  them  from 
 any  fuch  obligation  j  for  the  fovereign  prince's 
 authority  is  bound lels  and  univerfal,  and  even 
 this  privilege  ought  not  to  be  barely  human, 
 but  they  muft  hold  it  from  God  himfelf  ;  for 
 the  authority  of  the  prince  is  founded  on  the 
 divine  law,  and  not  on  that  of  man.  Some 
 men,  of  the  beft  learning,  have  been  fo  fenfi- 
 ble  of  the  force  of  the  argument,  that  finding 
 no  way  to  come  off,  they  have  given  it  up  en- 
 tirely, and  own'd,  that  'tis  very  true  the  prince 
 has  a  rteht  to  exatì  fuch  tribute  from  all  his 
 fubjeóts,  but  that  this  fecular  right  terminates 
 in  the  laity.  A  fine  crafty  anfwer  this,  but  in 
 the  main  really  frivolous  !  for  I  would  fain 
 know  which  of  thefe  two  ought,  according  to 
 God's  law,  to  be  in  greateft  fubje&ion  to  his 
 prince  ?  whether  a  Chriftian  to  a  Turk^in  whofe 
 dominions  he  lives  ?  or  an  ecclefiaftic,  living 
 in  a  chriftian  country,  to  the  fecular  prince  ? 
 in  the  one  cafe,  'tis  my  dwelling  only  that  ren- 
 ders 
 
The  Rights  of  Sovereigns.     175 
 
 ders  me  fubjeft  to  the  Turk,  whofe  fovereign- 
 ty  overfuch  my  dwelling  is  no  lefs  than  ufur- 
 pation  and  tyranny  ;  but  in  the  other  cafe,  the 
 ecclefiaftic  dwells  in  a  place  where  the  prince 
 has  the  legal  right  of  fovereignty,  and  is  more- 
 over united  to  him  by  the  fame  faith.  I  fhould 
 be  glad  to  know  what  anfwer  they  could  pot 
 fibly  make  to  that  objection  ;  for  it  they  fhould 
 be  fo  imprudent  as  to  affeit,  that  a  chriftian  is 
 more  oblig'd  to  obey  a  7}/rÀ',than  a  clergyman 
 his  chriftian  prince  ;  1  would  ask  them,  by  what 
 rule  have  the  Popes  fo  often  publifli'd  croifa- 
 does,  and  invited  all  chriftians  to  fall  upon  the 
 Turks ò  fince  fuch  chriftians,  who  live  under  the 
 dominion  of  the  Turks  ^  are,  if  that  after tion  be 
 tme,moreoblig'dtoobeytheT//rA',than  the  cler- 
 gy are  oblig'd  to  own  the  authority  of  chritf  ian 
 princes?  Now,  'tis  certain  that  every  clergyman 
 is  fubjetì  to  his  lay-prince  in  all  things  that  are 
 independent  on  the  ecclefiaftic  miniftry.  But, 
 in  the  functions  of  the  priefthood,  the  eccle- 
 fiaftic is  not  fubjetì  to  the  temporal  prince, 
 who  has  in  that  cafe  no  authority  over  him  ,- 
 and  if  he  ftiould  pretend  to  ufurp  it,  he  would 
 deferve  blame  and  cenfure,  as  we  have  fhewn 
 under  another  head.  On  the  other  hand,  the 
 payment  of  tenths  is  a  thing  fo  far  from  being 
 injurious  to  the  priefthood,  that  it  has  no  re- 
 lation to  it.  For  we  have  elfewhere  demon- 
 ftrated,  that  the  clergy's  pofleffion  of  tempo- 
 ralities is  fo  far  from  being  jure  di-vino,  that 
 Yis  hardly  compatible  with  the  priefthood  ; 
 
 and 
 
I J 6     The  Rights  of  Sovereigns. 
 
 and  from  hence  it  neceflarily  follows,  that  by 
 virtue  of  fuch  poflèffions,  they  are  fubjeft  to 
 the  prince,  and  that  the  fovereign,  however 
 he  became  fuch,  has  authority  to  treat  them 
 on  a  level  with  the  other  fubje&s.  Left  any 
 fhould  accufe  me  of  replying  to  the  fame  thing 
 a  hundred  times,  I  will  reduce  all  that  I  have 
 to  fay,  as  to  this  head,  to  one  fingle  point,  «pfe. 
 whether  'tis  poflible  to  forpi  an  ecclefiaftic  fo- 
 vereignty  within  one  that  is  fecular?  The  whole 
 controverfy  turns  upon  this  one  queftion  > 
 which,  however,  I  have  divided  into  fo  many 
 chapters,  only  to  render  it  the  more  clear  and 
 intelligible  ;  for,  tho'  I  have  made  twelve  fe- 
 parate  articles  of  it,  they  have  fo  near  an  af- 
 finity to  each  other,  that  it  wa  simpoffible  to 
 treat  of  the  one,  without  breaking  in  upon 
 the  other. 
 
 If  it  be  certain  that  not  one  good  reafon  can 
 be  produc'd  why  ecclefiaftics  fhould  be  tole- 
 rated in  the  poffelfion  of  temporalities,  how 
 vainly  then  do  fome  people  argue,  who  fay, 
 that  the  fecular  prince  is  oblig'd  to  regard 
 them  as  a  thing  facred,  and,  as  it  were,  divine  ? 
 We  will  now  inquire  how  tenths  came  to  be 
 firft  eftablilh'd.  The  prieft  thinks  he  is  autho- 
 rize to  colled:  the  tenths  of  the  laity's  poffef- 
 fions  by  the  exprefs  command  of  God  ;  that 
 confequently,  if  the  eftate,  which  the  prieft 
 poffefieth,  confifts  only  in  the  tenths,  he  fhall 
 be  exempt  from  the  import  of  the  prince,  be- 
 caufe  it  would  be  unreafonable  for  him  to  pay 
 
 the 
 
The  Rights  of  Sovereigns.     1 77 
 
 the  tenth  of  a  tenth,  lince  God,  by  obliging 
 the  laity  to  pay  their  tenths  to  the  clergy,  does 
 not  oblige  the  clergy  to  pay  them  to  the 
 judge,  the  governor  of  the  people,  or  king  ; 
 and  in  things  odious  (as  they  fay)  there  mud 
 be  no  comment,  where  the  text  is  filent.  But 
 what  will  they  fay,  if  it  be  made  appear  that 
 the  poffeffions  of  the  clergy  do  fo  far  exceed 
 the  tenths,  they  receive  from  the  laity,  that 
 they  amount  even  to  one  third  of  all  the  pro- 
 duct of  the  earth,  fea,  mountains,  rivers,  and 
 of  all  the  yearly  fruits  produe'd  by  nature?  For 
 an  inftance,  or  rather  proof  of  this,  I  will  on- 
 ly mention  France  and  Spain,  where  the  clergy 
 is  the  chief  and  the  richeft  of  the  three  orders 
 of  the  (late.  I  do  not  fpeak  of  England,  be- 
 caufe  'tis  known  that  the  greateft  and  cleared: 
 revenues  of  the  king,  at  prefent,  arife  from 
 the  fpoils  of  the  regular  clergy,  or  monks  of 
 the  ifland.  To  inftance  only  in  the  city  of  Ve- 
 nice,  the  tenth  of  the  laity's  poffeffions  fcarce 
 amounts  to  200,000  Ducats,  whereas  the  tenth 
 of  the  clergy's  eftate  comes  to  more  than 
 500,00,  by  raifing  not  the  tenth,  but  only 
 the  fifth  of  the  produce  of  nature,  without 
 reckoning  the  other  payments  which  the  laity 
 make,  out  of  their  own  eftates,  to  the  curates 
 and  ecclefiaftic  prelates,  and  which  are  not  in- 
 cluded in  the  above  account  ;  becaufe  the 
 tenths,  which  are  levy'd  upon  the  clergy,  are 
 rais'd  only  from  fuch  of  their  pofleffions  as  are 
 patrimonial  benefices,  with  an  exception  to 
 
 N  per- 
 
1 78     The  Rights  of  Sovereigns. 
 
 perfons,  who,  according  to  the  fimplicity  of 
 the  ancients,  remain  in  poffeffion  of  jus  qutfi- 
 tum  perfo?i<€,  i.  e.  fer final  eftate,  and  not  that 
 which  is  real. 
 
 But  if,  for  inftance,  a  fecular  prince  has  no 
 right  in  himfelf,  according  to  the  court  of 
 Hornby  to  levy  the  clergy  Ts  tenths,  from  whence 
 (fay  I)  muli  he  raife  the  fums  neceffary  for  his 
 Èxpences,  and  for  the  defence  of  his  govern- 
 ment, cities  and  fubjeóts,  and  even  of  the 
 clergy  ?  If  it  be  anfwer'd,  that  he  ought  to 
 tax  the  eftates  of  the  laity  only  ;  I  reply,  that 
 it  would  be  tranfgreffing  the  precept  of  mu- 
 tual juflice  and  equity,  for  the  clergy  to  re- 
 fufe  contributing  their  quota,  in  proportion  to 
 the  benefit  they  reap  in  common  with  the  pub- 
 lic, by  their  protection  :  befides,  that  'tis  un- 
 charitable to  lay  the  whole  burden  upon  the 
 one,  and  none  at  all  upon  the  others,  or  fo 
 ;much  as  to  lighten  their  burden,  who  natu- 
 •  rally  ought  to  bear  as  great  a  part  of  it  as  the 
 others.  Nay,  the  facrednefe  of  the  ecclefi- 
 aftic  fiate  would  tend  to  the  oppreffion  of  the 
 laity,  if  the  getting  into  eccleliaftical  orders 
 were  fufficient  to  excufe  a  man  from  bearing  a 
 filare  of  the  public  taxes.  But  to  argue  more 
 clofely  to  the  point  :  If  it  ihould  happen,  in 
 procefs  of  time,  that  all  the  efrate  of  the  laity, 
 or  the  greateft  part,  however,  fhould  become 
 the  property  of  the  clergy,  where,  1  pray,  muft 
 the  prince  raife  his  revenue?  becaufe,  accord- 
 ing to  the  fyftem  of  thole  extraordinary  zea- 
 lots 
 
The  Rights  of  Sovereigns.     179 
 
 lots  for  eccle/iaftical  liberty,  all  fuch  eftates 
 ought  to  be  free  from  taxation.  To  fay  that 
 this  is  fuppofing  an  impoffibility,  is  faying  no- 
 thing to  the  purpofe  ;  becaufe,  if  we  may  be 
 allow'd  to  judge  of  what  may,  by  what  al- 
 ready has  come  to  pa  ft,  and  confider  the  vaft 
 increafe  of  church-livings,  fince  the  clergy  had 
 a  being,  it  will  appear  that  their  engroffmg 
 the  whole  to  themfelves,  is  fo  far  from  being 
 fuch  an  impoffibility  as  fome  would  inumiate, 
 that  'tis,  on  the  contrary,  very  eafy,  and  we 
 might  fay  very  near  their  accompiifliment  too, 
 unlefs  they  meet  with  rubs  j  fuch,  for  inflance, 
 as  thofe  which  the  wife  and  vigilant  republic 
 of  Venice  have  now  laid  in  their  way.  It  may 
 be  objected,  perhaps,  that  there  are  fome  of 
 the  laity,  who,  having  no  eftate,  pay  nothing 
 to  their  prince  ;  I  grant  it  ;  but  I  take  this  to 
 be  a  cafe  wherein  the  laity  are  tax-free,  becaufe 
 thofe  taxes  which  a  prince  lays  upon  all  his 
 fubje&s,  are  founded  on  a  fuppoiition  that  they 
 are  well  able  to  pay  them  ;  for  if  a  lay-fubject 
 has  no  eftate,  or  at  leaft  but  a  fmall  one,,  he 
 cannot  bear  a  part  of  the  burden,  becaufe  he 
 is  commonly  forc'd  to  live  upon  the  charity  of 
 the  clergy,  or  elfe  to  earn  his  bread  by  daily 
 labour,  as  did  JofepVs  brethren  in  Egypt  5  in 
 which  are  manifeft  the  fad  effetìs  of  God's 
 curie  upon  mankind,  in  the  perfon  of  Adam^ 
 when  he  faid  to  him,  in  the  fweat  of  thy  face 
 thou  fialt  eat  bread.  Now  the  clergy  may  as 
 well  pretend  to  have  been  created  free  from 
 N  2  original 
 
1 80     Hoe  Rights  of  Sovereigns. 
 
 original  fin,  as  from  this  curfe,  tho'  they  are 
 become  the  executioners  of  it,  by  felling  a- 
 gain  to  the  laity  that  bread  which  they  receiv'd 
 from  their  anceftors,  under  the  title  of  alms. 
 Upon  the  whole,  therefore,  if,  while  part  of 
 the  fubjecls  are  exempted  from  taxes,  by  rea- 
 fon  Of  poverty,  another  part  plead  exemption 
 by  fpecial  privilege,  their  fovereign  would  be 
 much  more  at  a  lofs  than  even  the  fuperior  of 
 a  convent,  who  is  oblig'd  by  his  character  to 
 govern  and  maintain  his  monks,  without  any 
 income  from  them.  And  whoever  (hould  like 
 to  be  a  prince  on  thefe  terms,  I  think  he  would 
 richly  deferve  to  be  canoniz'd  for  a  faint,  who 
 was  poor  in  fpirit  indeed. 
 
 'Tis  in  vain  to  fay,  that  when  a  prince  is  in 
 thefe  unhappy  circumftances,  the  Pope  would, 
 by  an  indulto^  impower  him  to  lay  iuch  a  tax 
 upon  the  clergy  of  his  dominions,  as  might 
 anfwer  his  demands  -,  for  in  the  firft  place  it 
 muft  be  obferv'd,  that  fuch  indulto  being  en- 
 tirely dependent  on  the  Pope's  will  and  plea- 
 fure,  might  be  as  well  refufed  as  granted  ;  and, 
 in  the  fecond  place,  that  'tis  abfurd  to  fend  a 
 prince  a  begging  to  another  for  the  ways  and 
 means  which  God  himfelf  put  into  his  own 
 hands,  when  he  advanced  him  to  the  fovereign- 
 ty  i  for  confidering  what  J  e  fmCkrift  laid  to  Pi- 
 late, who  wasfo  far  from  being  a  prince,  that  he 
 was  only  the  minifter  of  an  idolatrous  prince  ; 
 Thou  couldft  have  no  power  at  all  againft  me, 
 except  it  were  given  thee  from  above  ;  it  muft 
 
 be. 
 
The  Rights  of  Sovereigns.     1 8 1 
 
 be  own'd  that  princes  derive  their  authority 
 immediately  from  God,  and  that  by  conse- 
 quence he  has  given  them  the  means  iufficient 
 to  fupport  that  authority,  without  being  be- 
 holden for  them  to  the  good  pleafure  of  ano- 
 ther. This  comports  likewiie  with  the  idea 
 we  have  of  divine  jufrice  :  For  if  a  free  prince, 
 who  is  ftii'd  prince  by  the  grace  of  God^  is  on- 
 ly accountable  to  him  for  the  mifgovernment 
 of  his  people  ;  and  if  fuch  mifgovernment  is 
 owing  purely  to  the  want  of  the  means,  he 
 cannot  be  puniffiable,  by  divine  juftice,  for 
 what  he  could  not  help.  An  idolater  does  not 
 commit  fin  by  continuing  in  his  idolatry,  it  he 
 never  had  an  opportunity  to  be  inftrutìed  in 
 the  chriftian  faith.  'Tis  true,  he  fins  as  well  as 
 chriftians,  if  he  gives  himfelf  up  to  other  vi- 
 ces ;  but  his  infidelity,  or  fin  of  idolatry,  will 
 never  be  put  in  the  balance  with  his  other 
 crimes,  becaufe  he  is  not  to  be  blam'd  for  not 
 believing  what  he  knows  nothing  of,  either  by 
 himfelf,  or  by  tradition.  Who  hath  believed 
 cur  report  ?  faid  the  prophet  ;  and  St.  Paul 
 therefore  drew  this  confequence,  faith  Cometh 
 by  hearing.  To  apply  what  has  been  juft  men- 
 tion d  to  the  cafe  ot  a  fovereign  prince  ;  if  he 
 leaves  his  fubjedts  to  be  invaded,  and  extir- 
 pated by  a  foreign  enemy,  or  elfe  does  not 
 defend  them  againft  villains  at  home,  for  want 
 of  foldiers  and  ftatefmen,  whom  he  cannot 
 get  without  money,  and  a  fuffkient  revenue  ; 
 1  do  affirm,  that  in  this  cafe  he  is  not  to  blame, 
 
 N  3  any 
 
1 8l     The  Rights  of  Sovereigns. 
 
 any  more  than  the  mole  for  not  looking  up  to 
 the  fun,  or  the  oftrich  for  not  flying  ;  becaufe, 
 tho'  the  one  has  Eyes,  and  the  other  wings, 
 yet  they  are  both  too  weak  for  thofe  purpofes. 
 
 Thofe  who  ftand  up  for  the  maxims  of  the 
 court  of  Rome,  have  ftill  another  obje&ion,  and 
 that  is  this.  Then,  according  to  your  opi- 
 nion (fay  they)  a  lay-prince  may  tax  his  ec- 
 clefiaftical  fubjefts  at  difcretion,  and  fleece 
 them  without  mercy,  much  like  the  king  of 
 England,  who  firft  took  their  eftates  from  them, 
 and  then  turn'd  them  out  of  his  dominions. 
 Jkit  thefe  gentlemen,  under  favour,  are  too 
 hafty  in  drawing  their  conclufions,  fince  every 
 impartial  reafoner  will  undoubtedly  perceive 
 that  I  have  no  fuch  meaning.  For  no  juft  prince 
 will  take  the  liberty  to  run  into  that  extreme, 
 no  not  even  with  refpetì:  to  the  eftates  of  his 
 lay-fubje&s,  and  much  leis  with  refpeót  to 
 their  freeholds;  becaufe  God  gives  leave  to 
 no  body,  not  even  to  a  mere  private  perfon, 
 to  fquander  away  his  eftate  in  excefs  and  de- 
 bauchery. 
 
 St.  Thomas^  in  his  treatife  de  regimine  pin- 
 upumy  fays,  that  'tis  pofiible  for  a  prince  to  be 
 a  tyrant  two  ways  ;  either  by  feizing  an  eftate, 
 to  which  he  has  no  right  nor  title,  or  by  go- 
 verning his  lawful  iubjeCts  in  an  unjuft  manner. 
 The  treafure  fet  apart  for  the  maintenance  of 
 thofe  whole  profeflion  it  is  continually  to  offer 
 up  praifes  to  almighty  God,  ought  not  to  be  em- 
 ploy ?d  in  offending  and  blafpheming  him.  Eve- 
 ry 
 
The  Rights  of  Sovereigns.     183 
 
 ry  time  that  a  temporal  prince  impofes  a  tax,  he 
 makes  himfelf  a  debtor  to  God  for  all  the  funis 
 he  thereby  levies,  and  muft  give  an  account  of 
 the  ufe  he  makes'  of  them.  Happy  therefore 
 are  thole  republics,  where  no  exactions  what- 
 foevercan  give  umbrage,  oruneafinef,  becaiife 
 they  who  lay  on  the  burden  are  thofe  who  bear 
 it,  and  have  not  an  opportunity  to  put  any  of 
 the  money  into  their  own  pockets. 
 
 As  the  ecclefiaftics  can  by  divine  right  exact 
 only  the  tenths  from  the  laity,  fo  the  temporal 
 prince  has  no  authority,  as  fuch,  to  exad:  of 
 the  clergy  more  than  an  annual  tenth  ;  and  if 
 he  would  have  larger  fubfidies,  he  ought  to  de- 
 fire  leave  of  the  Pope,  as  he  is  the  fovereign 
 prince  of  the  clergy,  and  the  protefìor  of  their 
 rights  and  privileges.  I  fay,  moreover,  that 
 every  fecular  prince,  who  has  not  a  fovereign 
 and  independent  power,  fuch  an  one,  in  fliort, 
 who  is  merely  feudatory,  has  not  a  right  to  ex- 
 a<5t  the  ordinary  tenths  of  the  clergy,  becaufe 
 this  right  is  peculiarly  attached  to  fovereign 
 power,  and  does  not  fuit  with  a  prince,  who 
 owns  a  fuperior,  which  makes  the  effential  dif- 
 ference betwixt  a  free  prince  and  another. 
 
 At  this  rate,  be  a  prince  ever  fo  free,  yet  if 
 he  requires  extraordinary  fubfidies,  he  muft 
 have  recourfe  to  the  Pope,  as  the  good  kings 
 of  France  and  Spain  have  always  done.  Indeed 
 there  may  be  an  exception  as  to  cafes  of  ex- 
 treme necefllty  ;  for,  as  a  private  man  may 
 apologize  for  his  robbing  the  altar,  and  even 
 
 N  4  for 
 
184     ffit  Rights  of  Sovereigns. 
 
 for  committing  wilful  murder,  by  pretending, 
 in  the  one  cafe,  that  he  had  no  other  way  to 
 get  a  morfei  of  bread,  for  prolonging  his  mi- 
 ferable  life  ;  and  in  the  other  cafe,  that  he  on- 
 ly aóìed  in  felf-defence  againft  a  powerful  ag- 
 grefiòr,  cum  moderammo  inculpate  tutela  ;  fo  a 
 prince,  for  inftance,  who  has  not  time  to  fend 
 before-hand  to  Rome,  may  come  off  very  well 
 with  the  Pope,  provided  he  demands,  or  le- 
 vies fuch  extraordinary  fubfidies,  with  a  pro- 
 mife  to  reflore  them,  if  he  has  not  the  holy 
 father's  approbation.  1  remember  to  have  reacj 
 a  brief  of  Pius  V.  dire&ed  to  the  emperor 
 Matthias,  which  was  fil.l'd  both  with  exhorta- 
 tions and  menaces,  becaufe  that  emperor  pub- 
 lifli'd  an  editì  in  oppoiition  to  the  pretended 
 ecclefiafticai  liberty,  for  rafting  certain  funis 
 above  the  ufual  tenths,  in  order  to  fupply  fonie 
 prefling  neceilities  of  the  ftate  j  but  as  foon 
 as  ever  he  made  known  that  indifpenfable 
 neceffity  to  the  Pope,  and  beg'd  an  indulto,  he 
 had  it  granted,  on  condition  that  he  would,  in 
 the  firft  place,  revoke  that  odious  edi&\  I  have 
 alfo  read  a  letter  on  this  fubjed,  from  Pope 
 SixtusW.  to  Philip  II.  king  of  Spain,  in  which 
 he  treats  him  with  exceeding  tendernefs,  as 
 confidering  the  then  circumftances  of  his  ma- 
 jefty's  affairs,  and  thofe  of  the  times.  The 
 Pope  tells  him  in  that  .letter,  of  a  great  fin  that 
 he  had  committed, .  by  eftablifhing  a  fort  of 
 pragmatic  fanftion,  which  included  bifliops, 
 r,rchbifiiops,  and  cardinals,  and  exhorts  him  to 
 
 repent 
 
The  Rights  of  Sovereigns.     1 8  $ 
 
 repent  of  it  before  God  ;  and  this  affair,  like 
 the  fprmer,  was  determine!  by  the  difpatch- 
 ing  of  an  indulto.  If  therefore  we  concede  to 
 the  courtiers  of  the  Roman  See,  that  a  prince 
 ought  to  obtain  leave  of  the  Pope  for  railing 
 extraordinary  fubfidies,  they  will  be  fo  inge- 
 nuous as  to  own  that  the  prince  has  authority 
 pv  fe  to  exaft  the  ordinary  tenths  of  the  clergy. 
 If  they  argue,  that  becaufe  the  mod  ferene 
 republic,  and  other  fovereigns,  raife  thofe 
 tenths  by  virtue  of  the  Pope's  indulto V, 
 they  have  not  fuch  authority  in  them- 
 felves  ;  I  anfvver,  that  the  court  of  Rome 
 has  been  a  long  time  ufed  to  the  policy  of 
 giving  others  what  they  had  before,  or  what 
 they  had  a  right  to  a  flu  me  of  themfelves.  And 
 it  has  happen'd,  in  procefs  of  time,  that  thofe 
 who  have  been  in  pofleflion  of  favours  of  this 
 kind,  have  fate  down  contented  with  fuch  their 
 pofleflion,  without  troubling  their  heads  whe- 
 ther they  held  them  by  a  right  natural,  or  de- 
 riv'd,  or  what  way  foever  they  came  by  them. 
 They  had  their  reafons  for  this  conduót,  firft, 
 to  avoid  the  reproach  of  ingratitude  by  dif- 
 owning  the  gift  ;  and  fecondly,  becaufe  it 
 leemed  to  thofe  princes  that  the  (aid  donation 
 was  a  frefh  proof  of  their  acquisition,  inaf- 
 much  as  it  obliged  the  donor  to  fupport  their 
 titles.  And  indeed,  tho'  Paul  IV.  had  not 
 given  the  king  of  England  the  title  of  king  of 
 Ireland^  I  don't  fee  what  could  have  hinder'd 
 him  from  bearing  that,  as  well  as  the  title  of 
 
 king 
 
I  So     The  Rights  of  Sovereigns. 
 
 king  of  Great  Britain -,  which  they  have  af- 
 funi'd  fince.  And  when  Pirn  V.  erected  Tuf- 
 cany  into  a  grand  dutchy,  I  think  verily  that 
 Orfmm,  duke  of  Florence,  might  as  well  have 
 done  it  himfelf,  if  he  had  not  lik'd  the  Pope's 
 conduci.  But  neither  the  king,  nor  the  duke, 
 fhewed  the  leaft  contempt  for  the  Pope's  fa- 
 vours of  that  kind.  It  was  a  punctilio  which 
 they  did  not  care  to  difpute  with  him,  nor  to 
 refufe  his  good-will  for  the  fake  of  a  ceremo- 
 nious formality  of  title,  the  rather  becaufe 
 every  religious  prince  feeks  occafions  to  fhew 
 his  veneration  for  the  mind  of  the  Pope,  who 
 is  their  common  father  in  thing?  fpiritual. 
 
 But,  as  the  Pope  has  granted  many  fuch  in- 
 dulto'* of  his  own  accord,  and  as  in  that  which 
 Qement  VI.  granted  to  the  moft  ferene  repub- 
 lic, it  was  declar'd  not  only  to  be  of  his  own 
 accord,  but  alfo  for  the  good  of  the  Church, 
 it  may  juftly  be  averred,  that  under  pretence 
 of  fuch  grants,  the  Pope  (lily  preys  upon  that 
 legal  right  which  every  free  prince  has  over  his 
 own  dominions  ->  another  inftance  of  which 
 is  this.  When  a  new  king  of  the  Romans  is 
 chofe,  who  is  then  call'd  emperor  elect  ,•  the 
 election  is  made  by  the  concurrent  votes  of 
 theie  three  princes  who  diiTent  from,  the  Church 
 of  Kom?,  <viz.  the  elector  Palatin,  and  thofe 
 of  Saxony  and  Brandenburg,  tho',  according  to 
 the  ecciefiaftical  cenfures,  they  are  depriv'd 
 both  of  their  dominions  and  rights.  What's  the 
 confequence  ?  why  the  Pope  makes  no  fcruple 
 
 never- 
 
The  Rights  of  Sovereigns.      1 87 
 
 neverthelefs  to  confirm  the  election,  and  de- 
 clares he  does  it  after  much  intreaty  made  to 
 him  for  redreffing  all  the  miftakes  in  matter  of 
 iaw  or  faft,  which  might  happen  in  the  faid 
 election.  But  who  pray  intreats  this  at  his 
 hands  ?  verily,  no  body  at  all.  For  thofe  prin- 
 ces care  not  one  rufli  for  his  confirmation;  and, 
 moreover,  think  what  is  called  their  miftakes, 
 their  fingular  honour.  The  emperor  perhaps 
 does  it  in  order  to  obtain  the  confirmation 
 with  the  more  eafe,  yet  neverthelefs  no  notice 
 is  taken  of  it  in  any  wife,  either  vha  voce,  or 
 in  the  Pope's  bull  ;  and  indeed  this  circum- 
 ftance  makes  fo  little  difference  in  the  thing, 
 that  'tis  of  no  fignification. 
 
 We  will  now  examine  whether  a  fecular 
 prince  has  a  legal  right  to  make  any  order  for 
 the  good  of  the  ftate,  with  refpect  to  the 
 eftates  or  perfons  of  eccleiiaftics. 
 
 This  queftion  may  be  refolv'd  in  a  very  few 
 words  ;  for  if  it  be  true  that  a  prince  is  efta- 
 blifli'd  by  God,  to  defend  and  well  govern 
 the  people,  it  neceflarily  follows  that  he  has 
 a  legal  power  to  order,  as  well  with  refpetì:  to 
 his  fubjetìs  perfons,  as  eftates,  whatever  he 
 thinks  may  contribute  towards  fuch  good  go- 
 vernment ;  and  it  would  be  as  abfurd  to  affert, 
 that  a  prince  ought  to  govern  where  the  clergy 
 will  not  be  governed,  as  to  expeót  that  a  phy- 
 fician  can  work  a  cure  where  the  patient  refu- 
 (es  his  medicines.  The  common  anfwer  to 
 this  is,  that  a  fecular  prince  has  nothing  to  do 
 
 with 
 
1 8  8     The  Rights  of  Sovereigns* 
 
 with  the  government  of  the  clergy,  becaufe 
 they  are  under  another  mafter,  and  that  all  the 
 obligation  incumbent  on  a  prince  towards  the 
 clergy,  is  to  defend  them,  as  well  as  the  laity, 
 from  foreign  enemies  and  domeilic  villain^ 
 and  confeqqently  that  he  is  oblig'd  to  iee  that 
 a  town  be  fupply'd  with  all  things  neceffiry  for 
 the  ufe  of  the  clergy,  as  weli  as  of  the  laity,  and 
 to  take  as  much  care  for  the  preiervation  of  the 
 one,  as  the  other.  I  would  fain  know  how 
 the  clergy  would  take  it,  if,  in  a  time  of  fa- 
 mine, a  prince  fliauld  prohibit  the  felling  of 
 bread,  or  other  provifions  to  them,  and  pre- 
 tend that  he  furnifh'd  fuch  or  fuch  a  city  with 
 provifions,  for  the  ufe  only  of  the  laity,  who 
 are  his  fubje&s,  and  not  for  that  of  the  clergy, 
 who  own  another  governor,  another  lord,  ano- 
 ther guardian.  I  believe  that  in  fuch  a  cafe 
 the  clergy  would  not  only  confefs  the  truth 
 of  the  axiom  I  have  laid  down,  viz.  that  the 
 clergy-gentlemen  have  their  particular  gover- 
 nor and  protector  in  fpirituals,  and  in  the 
 functions  of  the  priefthood  ;  but  alio,  that  as 
 to  their  own  perfons,  they  are  as  much  fubjeds 
 of  the  prince  as  the  laity.  If  a  river  over- 
 flows and  drowns  the  lands  of  the  clergy,  and 
 the  prince  takes  no  care  to  drain  the  waters, 
 and  turn  them  into  their  old  channel,  on  pre- 
 tence that  the  ruin  of  fuch  lands  is  nothing  to 
 him,  becaufe  he  has  no  power  over  the  own- 
 ers ;  I  doubt  not  but  the  clergy  would  then 
 change  their  note,  and  fay,  that  the  fovereign 
 
 ought 
 
The  Rights  of  Sovereigns.     189 
 
 ought  to  take  as  much  care  of  their  interefts, 
 as  thofe  of  others  :  And  'tis  as  certain,  that  in 
 ftich  a  cafe  as  this,  they  would  not  argue  for 
 the  abfolute  neceflity'of  an  indulto  from  the 
 Pope,  to  raife,  above  the  ordinary  tenths,  the 
 funis  neceflary  for  draining  the  waters  off  of 
 their  drowned  lands;  becaufe  they  would  fay, 
 while  they  wait  for  the  confent  of  the  court  of 
 Rojne^  their  corn  and  plants  would  rot  under 
 water.  This  being  the  real  ftate  of  the  cafe, 
 they  ought  not  to  ftifle  the  fentiments  of  their 
 confcience,  but  to  acknowledge  the  prince  for 
 their  fovereign,  when  he  commands,  as  wei} 
 as  when  he  defends,  and  not  to  imitate  the 
 Catitam,  &c.  Thofe  jlffyrians,  who  being 
 brought  by  Salmanazar  to  inhabit  Samaria^  af- 
 ter he  had  deftroy'd  the  kingdom  of  Ifrac!? 
 calfd  themfelves  the  friends  and  kindred  ot 
 the  inhabitants  of  Jerufalemj  while  they  were 
 happy  and  gay  >•  but  when  they  were  opprefs'd, 
 faid,  they  had  nothing  to  do  with  them,  and 
 that  they  were  foreigners.  To  avoid  giving 
 into  all  thefe  abfurdities,  there  needs  no  more 
 than  to  refleft,  that,  in  order  to  fornì  the  bo- 
 dy politic,  the  prince  muft  conditure  the  head, 
 and  all  the  fubjefts  the  members.  I  am  not  al- 
 iening that  a  temporal  prince  has  an  unlimited 
 power  ro  load  the  clergy  with  exorbitant  tax- 
 es ;  and  it  would  be  unjuft  in  the  Roinanifis  to 
 make  that  inference  from  what  1  have  faid. 
 notigh  for  me,  if  I  can  but  make  appear 
 lì  a-nd  equitable  it  is  for  a  prince  to  le- 
 vy 
 
1 90     cThe  Rights  of  Sovereigns. 
 
 vy  the  annual  tenths,  and  that  on  very  preiTing 
 occafions  he  may  raife  extraordinary  fubfidies, 
 after  leave  granted  him  ;  but  that  if  the  ur- 
 gency of  his  affairs  will  not  admit  of  a  delay, 
 he  may,  without  fuch  permiflion  firft  obtain'd, 
 force  the  clergy  to  contribute  their  quota,  for 
 promoting  the  publick  good,  of  which  they 
 are  partakers  in  proportion  with  the  laity.   He 
 that  foweth  his  feed  in  good  feafon,  gathereth  ; 
 but  he  that  foweth  out  of  time,   lofeth,  in- 
 ftead  of  gathering.     If  one  of  thofe  tenderly 
 confcientious  catholics,  who  thinks  it  fo  highly 
 criminal  not  to  make  application,  in  the  firft 
 place,  to  the  Pope,  fliould  be  going  a  journey, 
 and  by  misfortune  fall  and  wound  his  head,  I 
 fliould  be  glad  to  know  whether  he  would  re- 
 fufeto  be  heal'd  by  a  man  of  very  good  prac- 
 tice ;  but  being  not  enter'd  as  a  mafter  furgeon, 
 pra&ifes  furgery  without  authority,  and  with- 
 out a  lawful  certificate  ;  and  whether  he  would 
 chufe  to  keep  his  wound  open,  and  in  danger 
 of  mortifying,   till  he   has  fent  to  the  next 
 town  for  a  licenfed  mafter-furgeon,  who  is  fo 
 both  by  profeffion  and  appointment.     The  ap- 
 plication is  very  eafy,  and  the  anfwer  of  the 
 wounded    catholic,   if  it  be  fincere,  will  be 
 fufficient  to  juftify  the  conduól  of  fuch  lay-fo- 
 vereign,  who  exerts  his  authority  over  both 
 the  perfons  and  eftates  of  the  clergy.     If  a 
 brother  in  a  monaftery  fliould  be  afHióred  with 
 the  plague,  I  believe  that  none  of  the  monks 
 would  be  angry  with  the  lay-fovereign  for  re- 
 moving 
 
The  Rights  of  Sovereigns*     1 9 1 
 
 moving  him  immediately  to  an  hofpital,  but 
 would  rather  look  upon  it  as  a  very  wife,  juft, 
 and  charitable  precaution  of  the  prince,  for  the 
 common  prefervation  of  the  fraternity.  When 
 the  Hugonots  firft  introduced  their  opinions  in- 
 to France,  the  piety  of  the  moft  chriftian  king 
 inclin'd  him  to  make  very  earneft  remonftran- 
 ces  to  the  court  of  Rome,  and  to  defire  that  a 
 Council  might  be  call'd,  as  the  moft  effe&ual 
 remedy  :  The  Pope  was  ready  enough  to  fall 
 in  with  the  king's  requeft  ;  and  I  don't  deny 
 that  a  Council  is  the  moft  proper  remedy  that 
 can  be  thought  of,  when  evils  of  this  kind 
 happen  ;  but  the  Pope  faid  it  was  neceflary  that 
 all  the  chriftian  princes  Ihould  give  their  con- 
 fent  to  the  calling  it.  Mean  time  the  error 
 gain'd  ground  in  France  more  and  more,  lo 
 that  'twas  propos'd  in  the  king's  cabinet,  to 
 call  a  national  Council,  for  want  of  a  better 
 remedy  ;  but  fome  remonftrated  that  this 
 would,  in  a  manner,  break  the  unity  of  the 
 catholic  Church  5  when  one  of  the  counfellors 
 of  ftate  wittily  reply'd,  that  he  thought  it  ve- 
 ry unaccountable,  that  while  the  whole  king- 
 dom of  France  was  in  fuch  a  flame,  they 
 fliould  fit  ftill,  expecting  water  from  the  Tyber 
 to  quench  it,  when  they  had  fuch  large  rivers 
 of  their  own  as  the  Seine  and  Marne  ;  plainly 
 intimating  thereby,  that  when  danger  is  afar 
 off,  there  is  time  enough  to  deliberate  ;  but 
 that  when  deftrutìion  is  at  hand,  'tis  high  time 
 to  aft. 
 
 *  But 
 
1 91     The  Rights  of  Sovereigns. 
 
 But  while  we  plead  for  this  liberty  in  a  tem- 
 poral prince,  let  it  be  obferv'd  that  we  do  not 
 pretend  to  juftify  the  exceù  of  it  ;  fince  we 
 take  it  for  granted  that  he  knows  he  muft  one 
 day  give  an  exatì  account  of  his  adminiftration, 
 efpecially  of  the  laity's  eftates,  to  the  divine 
 juftioe.  Befides,  'tis  his  intereft  to  preferve  the 
 good  opinion  of  the  Pope,  and  other  chriftian 
 princes  ;  becaufe,  if  a  prince  be  never  fo  wick- 
 ed himfelf,  he  obliges  others  to  do  him  juftice, 
 and  to  fupport  his  intereft  j  for  'tis  certain,  that 
 with  what  meafure  we  meet  to  others,  it  fhall 
 be  meafur'd  to  us  again.  Therefore  I  argue 
 for  nothing  irregular,  but  only  for  obedience 
 to  the  law  of  neceflity,  which  is  fuperior  to 
 all  other  human  laws.  We  will  now  treat 
 briefly  of  the  advantages  refulting  from  my 
 argument. 
 
 If  the  grand  feignior  had  but  a  fmall  glimpfe 
 of  the  chriftian  faith  (for  if  he  had  a  full  view 
 of  it,  he  would  know  that  he  muft  renounce 
 all  worldly  intereft,  when  it  hinders  the  pro- 
 feflion  of  the  faith  in  Chrift,  according  to  thofe 
 words,  what  is  a  man  profited,  if  he  Jhall  gain 
 the  whole  world,  andlofe  his  own  foul  ?  )  If,  I  fay, 
 he  had  a  glimpfe  of  it  only,  and  fhould  figni- 
 fy  to  the  Pope,  that  he  is  willing  to  be  bap- 
 tiz'd,  on  condition  that  the  Pope  would  con- 
 firm him  by  an  authentic  bull  in  the  poffeflion 
 of  all  his  dominions  ;  I  would  fain  know  whe- 
 ther the  Pope  would  grant  fuch  a  bui!,  or  re- 
 f  ufe  it,  fince  the  granting  it  would  be  taking 
 
 *  '  away 
 
The  Rights  of  Sovereigns.     193 
 
 away  the  rights  of  as  many  chriftian  princes  as 
 have  been  depriv'd  of  their  dominions  by  the 
 Turks  ?  As  this  cafe  indeed  has  never  yet  hap- 
 pened, the  gentlemen  of  the  court  of  Rome 
 will  e'en  make  what  anfwer  they  lift  ;  but  if 
 they  (hould  fay  the  Pope  would  refufe  it  on  the 
 confederation  juft  mentioned,  I  frankly  own  to 
 them,  under  favour,  that  I  cannot  believe 
 them  ;  for>  methinks,  I  already  fee  a  bull  of 
 their  own  drawing  up,  in  the  mofl:  florid 
 terms,  dictated  by  their  own  virtue  and  elo- 
 quence, fetting  forth  how  advantageous  it  is 
 to  procure  the  public  good,  and  to  ficrifice  all 
 private  interefh  to  it  !  how  much  it  promotes 
 the  general  good  of  the  Church  of  God  to  re- 
 ceive fo  potent  a  prince  into  her  communion* 
 who,  it  may  be  expected,  will  beflow  as  ma- 
 ny favours  and  benefits  on  her,  as  he  has  hi- 
 therto done  her  wrongs  and  injuries  !  what  a 
 conqueft  it  will  be  over  the  empire  of  the  de- 
 vil, to  wafti  the  fouls  of  fuch  a  number  of  in- 
 fidels in  the  baptifmal  font,  and  thereby  enter 
 them  in  the  way  of  falvation  !  and,  in  a  word* 
 how  many  chriftians  condemn'd  to  death,  and 
 flavery  for  life,  will  by  this  means  be  preierv'd  ! 
 They  would  be  apt  to  fay,  fome  grains  of  al- 
 lowance ought  to  be  made  for  the  weaknefs  of 
 human  nature,  which  ought  not  to  be  drench'd 
 all  at  once  with  an  emetic  ;  which  would  be 
 the  cafe,  if  when  a  man  defires  life,  he  be  con- 
 demn'd to  the  bitter  portion  of  reducing  him- 
 felf  to   beggary  by  embracing   the  chriftiari 
 
 O  faith, 
 
1 94    The  Rights  of  Sovereigns. 
 
 faith.  The  prodigal  fon,  mention'd  in  the 
 gofpel,  had  forfeited  all  further  pretenfions  to 
 his  father's  efhte,  by  fquandering  that  fortune 
 which  he  had  given  him  in  riotous  living  ;  yet, 
 as  foon  as  he  return'd,  the  tender  father  put  the 
 beft  robe  on  him,  and  a  ring  on  his  hand,  and 
 made  a  feaft,  at  which  there  was  nothing  feen 
 but  mirth  and  joy;  and  all  this  was  done  at 
 the  expence  of  the  dutiful  fon's  fortune,  it  be- 
 ing the  common  intereft  to  bring  back  thofe 
 who  are  gone  aftray.  Finally,  to  thefe  reflec- 
 tions, they  might  add  innumerable  other  cu- 
 rious ones,  which  do  not  at  prefent  occur  to 
 my  mind.  They  might  fay,  that  as  a  Jew, 
 when  baptiz'd,  is  permitted  to  keep  an  eftate 
 gotten  by  ufury,  as  inceftuous  marriages  are 
 difpens'd  with,  to  avoid  the  fcandal  of  whore- 
 dom, and  the  like  ;  fo  'tis  but  juft  to  receive 
 a  Mahometan  prince  into  the  pale  of  the  Church, 
 and  let  him  continue  in  the  enjoyment  of  all 
 thofe  dominions  which  the  chriftian  princes 
 have  not  only  loft  to  him,  but  have  not  the 
 leaft  hopes  of  ever  recovering.  I  doubt  not 
 but  this  conduct  would  be  approv'd  ;  and  to 
 fay  the  truth,  there  is  a  great  deal  of  reafon 
 for  it.  Therefore,  fince  in  fuch  cafe  it  would 
 be  thought  conducive  to  the  publick  good, 
 thus  to  canonize  the  ufurpation,  or  feizure  of 
 the  eftates  of  the  clergy,  as  well  as  the  laity  : 
 As  for  inftance,  in  the  ifle  of  Rhodes,  which 
 was  the  patrimony  of  the  knights  of  St.  John, 
 as  it  is  now  of  the  knights  of  Malta,  the  fame 
 
 rule 
 
The  Rights  of  Sovereigns.     1 9  $ 
 
 role  ought  to  take  place  here,  and  the  concludi 
 of  a  lay-fovereign  muft  confequently  be  ap- 
 proved, who,  for  certain  urgent  r€a,fcns  of 
 ttdte,  which  he  knows  better  than  any  body 
 elfe,  lays  hands  upon  either  the  eftates  or  per- 
 form of  the  clergy  $  for  where's  the  reafon  that 
 every  one  of  his  fubjedfo  fliould  have  a  Alare  in 
 the  benefits  of  his  government,  and  only  a 
 part  of  them  bear  all  the  weight  of  it  ?  Don't 
 tell  me  that  there's  no  proportion,  compara- 
 tively  fpeaking,  betwixt  the  imports*  and  the 
 advantages  fo  much  boafted  of  ;  for  I  muft 
 needs  reply  in  my  turn,  that  neither  are  the 
 contributions  near  fo  exorbitant  as  is  pretended* 
 An  experimental  philofopher  will  tcil  us,  that 
 by  the  mere  operation  of  the  in  telle  dl,  he  can 
 divide  a  grain  of  millet  into  an  infinite  num- 
 ber of  parts,  as  eafily  as  the  vaft  globe  of  the 
 univerfe  ;  but,  without  examining  whether 
 thofe  parts  are  alike,  all  that  he  pretends  to 
 prove  is  their  proportion.  'Tis  theverv  faird 
 cafe  with  the  advantages  refulting  from  that 
 liberty  I  acknowledge  in  fovereigns;  which* 
 if  they  are  cdmpar'd  with  the  damages  or  im- 
 ports, the  latter  would  appear  vaftly  lefs  th.ui 
 what  1  have  reprefented  them.  The  fea-faring 
 man  carries  and  recarries  merchandize  from 
 one  pole  to  the  other,  in  hopes  to  enrich  htm- 
 feif,  and  is  many  times  oblig'd  to  throw  all  his 
 cargo  into  the  fea,  when  he  L  come  in  light  of 
 his  port  ;  by  which  means  he  lofes,  in  one  mo- 
 ment, what  has  coft  him  the  fvveat  and  toil  of 
 
 O  2  many 
 
1 9<5     The  Rights  of  Sovereigns. 
 
 many  months,  or  perhaps  years  ;  but  life  is 
 Tweeter  to  him  than  all  his  treafure  :  In  like 
 manner,  the  phyfician  cuts  off  an  arm,  to  hin- 
 der the  mortification  from  fpreading  to  the 
 heart.  Therefore,  I  fay,  a  prince  ought  to  be 
 excus'd,  tho'  his  conduct  may  appear  violent 
 and  injurious,  when  what  he  propofes  is  to 
 procure  a  greater  good,  or  to  prevent  a  great- 
 er evil,  minus  malum  habet  vatìonem  boni.  And 
 of  all  thefe  things  we  mud  leave  God  to  be 
 the  judge  ;  who  is  the  fearcher  of  hearts,  and 
 will  render  to  every  man  according  to  his 
 deeds  ;  for,  on  the  other  hand,  to  cenfure  the 
 anions  of  a  prince,  is  to  fet  up  a  prince  over 
 his  head. 
 
 CHAP.     XL 
 
 Whether  a  temporal  prince  has  a  right 
 per  fe,  to  judge  ecclefiaftical  cri- 
 minals ? 
 
 OAmuel)  the  prophet  and  chief  prieft,  was  ap- 
 *■*  pointed  judge  of  the  children  of  Ifrael 
 by  the  exprefs  command  of  God  ;  but  that 
 capricious  nation  could  not  long  bear  with  that 
 holy  judge,  much  lefs  with  the  rebukes  he 
 faw  fit  to  give  them  ,•  and  nothing  would  ferve 
 them  but  they  muft  have  a  king,  whom  they 
 
 earneftly 
 
"The  Rights  of  Sovereigns.     1 97 
 
 earneftly  demanded  of  him  to  grant  them. 
 The  prophet  declar'd  to  God  in  the  taberna- 
 cle, where  he  iio'd  to  meet  him,  the  humour 
 the  people  were  in,  and  God  commanded  him 
 accordingly  to  indulge  their  fond  defire,  and 
 to  anoint  Saul  king  over  all  Ifrael.  The  pro- 
 phet obey'd,  and  after  the  ceremony  of  Saul's 
 inftaliation  was  over,  the  chief  prieft  took  off 
 his  mitre,  and  calling  all  the  people  together, 
 declar'd,  that  if  any  one  had  been  injured  du- 
 ring his  adminiftration,  he  fhould  bear  record 
 of  him  before  the  Lord  and  his  anointed  ;  for 
 he  was  ready  to  anfwer  all  accufations,  and  to 
 undergo  the  punifliment  due  to  his  guilt.  God 
 has  been  pleas'd  to  leave  us  this  eminent  ex- 
 ample in  the  holy  fcriptures,  as  a  plain  evi- 
 dence of  the  obligation  that  the  clergy 
 are  under  to  fubmit  to  the  lawful  authority  of 
 the  fecular  prince,  when  their  tranfgreflions 
 come  under  his  cognizance.  Neverthelefs,  I 
 freely  own  that  this  propofition,  as  general  as 
 it  appears,  is  liable  to  many  exceptions,  and 
 the  facred  fcriptures,  from  whence  I  fetch  all 
 my  proofs,  favour  the  opinion  of  thofe  who 
 aflert  that  the  clergy  are  not  refponfible  to  the 
 lay-  tribunals  for  every  offence  ;  for  thofe  which 
 they  commit  in  the  functions  of  the  priefthood, 
 are  immediately  puniih'd  by  God  himfeif,  as 
 happen'd  to  thofe  of  old,  who,  for  making  ufe 
 of  /hunge  fire,  were  puniih'd  with  fudden 
 death  ;  or  if  God  does  not  punilh  them  upon 
 the  root,  he  referves  tnem  for  the  terrible  day 
 
 O  2  of 
 
1 98     The  Rights  of  Sovereigns. 
 
 of  his  vengeance.  Therefore,  I  would  be  un- 
 derilood  in  this  fenfe,  that  the  clergy  are  ac- 
 countable to  the  tribunal  of  their  temporal 
 prince,  for  all  the  faults  they  commit,  foreign 
 to  their  prieftly  fhndions  ;  every  one  knows 
 that  the  order  itfelf  does  not  make  the  clergy 
 wifer  or  better  than  other  men,  and  that  the 
 pried:  is  as  much  under  the  dominion  of  the 
 ienfesàs  the  layman,  and  as  much  fubje&ed  to 
 the  violence  of  all  the  ftoffions ';  fo  that  he  al- 
 ways appeal  to  be  as  frail  as  other  men  : 
 World  to  God  their  crimes  were  nothing  but 
 the  effe  d  of  mere  human  frailty,  and  that  they 
 did  not  lometimes  outftrip  the  moft  diffolute 
 debauchees  in  wickednek!  fuch  ecclefiaftks  are 
 not  exempted  from  the  judgment  of  temporal 
 court-  by  their  tfiara&er,  fince  this  is  what  they % 
 have  highly  diihonour'd,  by  ftriving  to  blal- 
 p.-.cme  the  law  oi  God  ;  and  if  a  prince  had  not 
 authority  to  pafs  judgment  on  fuch  crimes, 
 which  are,  as  we  may  lay,  only  fecular,  how 
 would  it  be  poffible  for  the  fovereign  to  keep 
 his  iubjeob  in  obtdience.  when  notorious,  wil- 
 ful cii>ViinaL,fhouid  plead  the  privilege  of  being 
 exempted  from  the  obligation  of  fubmitting 
 to  putii&ment?  the  only  way  an  eccleiiafuc 
 has  to  keep  out  of  the  verge  of  the  fecular  tri- 
 bunal, io  not  to  fall  into  thofe  crimes  which  it 
 belongs  to  that  tribunal  to  puniih.  Then  he 
 would  have  no  other  puniihment  to  fear  than 
 the  brotherly  correction  of  the  prelate,  his  fu- 
 perior  ;  but  thofe  who  pretend  that  the  facra- 
 
 m$qt 
 
The  Rights  of  Sovereigns.     199 
 
 ment  of  ordination  does  fcreen  a  finner  from 
 the  puniihment  he  defer  ves,  which  is,  in 
 fome  fort,  to  make  it  no  lefs  than  the  fomen- 
 ter  of  fin,  fhew,  that  they  have  not  the  Jeaft 
 notion  of  the  dotìrine  of  Jefus  Chrift,  who  has 
 no  greater  enemy  than  fin,  and  who  hates  it 
 more  than  he  does  the  devil  himfelf,  whom  he 
 hates  on  no  other  account  but  that  of  his  fin- 
 fulnefs. 
 
 The  gentlemen  of  the  court  of  Rome  will 
 tell  me,  without  queftion,  that  they  are  not 
 lo  abfurd  as  to  imagine,  that  an  ecclefiaftical 
 criminal  ought  not  to  be  punifh'd,  but  that  all 
 they  difpute  about,  is  the  competency  of  the 
 tribunal  ;  for  they  hold  that  fuch  a  man  is  cen- 
 furable  by  none  but  his  biiliop,  the  metropo- 
 litan, or  legate,  who  being  conftituted  the 
 prime  dignitaries  in  the  ecclefiaftical  fiate,  are 
 the  only  perfons  that  can  judge  canonically  of 
 his  crime.  I  always  laid,  and  do  (till  fay  the 
 fame  $  but  then  we  muft  fuppofe  the  crime,  or 
 offence,  of  fuch  clergyman,  to  be  in  a  matter 
 merely  ecclefiaftical.  I  have  given  divers  in- 
 ftances  of  this  in  a  former  chapter  ;  as, 
 when  he  does  not  adminifter  the  facraments 
 rightly,  when  he  changes  the  form,  or  matter 
 of  confecration  ;  and  in  a  word,  when  he  in- 
 troduces any  the  like  culpable  innovation  in  the 
 exercife  of  his  miniftry,  he  ought  to  be  try'd, 
 and  punHh'd  for  it  by  the  prelate,  becaufe 
 crimes  of  this  fort  are  not  taken  notice  of  in 
 the  civil  law.     The  fecular  prince  is  alfo  ig- 
 
 O  4  aorant 
 
200     The  Rights  of  Sovereigns. 
 
 norant  of  thefe  matters,  for  they  are  foreign 
 to  his  administration,  and  he  ought  to  fay  in 
 this  refpetì  with  St.  Paul,  what  have  I  to  da 
 with  thefe  things  ?  Nay,  I  dare  go  farther  than 
 thofe  gentlemen,  and  affirm,  that  every  lay- 
 man who  is  guilty  of  a  crime  in  a  matter  ec- 
 clefiaffical,  which  has  relation  either  to  doc- 
 trine or  the  facraments,  ought  to  be  punifh'd 
 by  the  ecclefiaftical  court,  becaufe  the  fove- 
 reign  cannot  be  fuppos'd  to  have  an  adequate 
 knowledge  of  the  nature  of  the  crime,  and 
 therefore  knows  not  fo  well  how  to  proportion 
 the  punifliment.  But  let  it  be  remember'd 
 that  1  fpeak  this  of  fuch  crimes  only  as  have 
 fome relation  to  doòìxineor  the  facraments  ;  for, 
 if  a  layman  commits  a  robbery  in  a  Church, 
 tho'  his  crime  be  no  lefs  than  facrilege,  and 
 feems  at  firft  view  to  be  a  crime  in  a  matter 
 that  is  properly  ecclefiaftical,  yet  he  is  fubjeét 
 to  the  temporal  prince,  and  'tis  the  province  of 
 temporal  courts  to  try  the  offender,  becaufe 
 'tis  poffible  for  the  fovereign  to  have  a  fuffi- 
 cient  knowledge  of  the  cafe  and  circumftances 
 of  the  matter  of  fad.  But,  on  the  other  hand, 
 if  a  layman  be  accus'd  of  witchcraft,  forafmuch 
 as  this  crime  concerns  ecclefiaflical  liberty,  it 
 does  not  come  within  the  jurifdidion  of  the 
 temporal  courts.  For  the  fame  reafon,  if  a 
 clergyman  be  accus'd  of  adultery,  robbery,  or 
 the  like  crimes,  which  are  offences  point  blank 
 àgaiaft  the  laws  of  the  ftate,  'tis  the  prince's 
 bufinefs  to  try  and  puniJh  them.,  becaufe  Yis 
 
 he 
 
The  Rights  of  Sovereigns.     20 1 
 
 he  who  makes  the  laws,  and  appoints  the  pu- 
 nishment due  to  the  tranfgreflors  :  Tell  me 
 not  that  the  criminal  might  be  as  well  punifn'd 
 by  the  ecclefiaftical  judge,  for,  1  fay,  the  of- 
 fender would  become  the  more  bold  and  info- 
 lent,  if  he  gets  but  the  leaft  hopes  of  retard- 
 ing, tho'  not  of  alleviating  the  punifliment. 
 'Tis  well  known,  that  the  ftiorteft  term,  which 
 the  Council  has  fet  for  the  decifion  of  an  ap- 
 peal from  the  fentences  of  the  ordinaries,  is  two 
 years.  Now,  if  a  temporal  prince,  who  is  in- 
 jur'd  by  the  crime  of  an  ecclefiaftic,  has  not  a 
 right  to  punifli  him,  the  latter  will  appeal 
 from  the  fentence,  and  fo  the  fovereign  will  be 
 oblig'd  to  go  a  begging  to  the  ecclefiaftical 
 couits  for  reparation  of  the  injury  done  him. 
 The  clergy  ought  to  ffiew  no  examples  to  en- 
 courage the  diffolutenefs  of  the  laity,  yet 
 nothing  lefs  can  be  the  confequence,  as  of- 
 ten as  the  laity  fee  an  ecclefiaftical  criminal 
 not  punifh'd  in  due  time  and  manner,  and  by 
 the  proper  court.  Befides,  it  ought  to  be  re- 
 membered that  the  authority  of  a.  fecular 
 prince  is  prior,  in  point  of  time,  to  that  of  the 
 clergy  and  bifliop's  court  :  'TL  laid,  Touch  not 
 my  Chrifts  or  anointed.  This  is  true  indeed,  as 
 far  as  they  are  anointed  and  confecrated, 
 which  i$  the  fignification  of  the  word  Chriftos; 
 but  St.  Peter  did  not  make  this  exception  when 
 he  commands  obedience  to  princes,  even  thofe 
 cali'd  DifcoUy  that  is  to  fay,  fuch  as  are  unjuft, 
 impertinent,  and  whimfical. 
 
 I  am 
 
201     The  Rights  of  Sovereigns. 
 
 I  am  fenfible,that  notwithstanding  what  has 
 been  urg'd,  1  Shall  be  accus'd  of  broach ing  a 
 novel  opinion,  the  mere  produci:  of  arrogatici 
 and  founded  only  on  violence  ;  but  I  leave 
 every  reafonable  man  to  judge  which  opinion 
 feems  tlje  neweft,  that  which  i  have  laid  co\m, 
 or  theirs  at  liome^  who  deny  fovereigns  part  of 
 their  proper  jurifdi&ion.  In  Short,  what  was 
 the  end  of  the  old  canons,  which  order'd,  that 
 every  clergyman,  convifted  of  any  enormous 
 crime,  ffiould  be  degraded  and  deiiver'd  over 
 to  the  fecular  judge?  Was  it  nor  ro  fave  an 
 ecclefiaSticai  judge  the  trouble  and  vexation  of 
 decreeing  exceffi  ve  and  capital  puniihment,  be- 
 caufe  it  does  not  become  a  fa  err  d  judge  to  dip 
 his  hands  in  blood,  even  tho'  the  enormity  of 
 the  crime  requir'd  it  ?  The  Council  of  Trent 
 confirm'd  this  cuftom  by  an  exprefs  decree  ,< 
 but  considering  that  in  order  to  conform  this 
 degradation  to  the  manner  prefcrib'd  by  the 
 ancients,  they  ihouid  be  oblig'd  to  delay  the 
 puniihment  of  the  criminal  a  long  time,  be- 
 caufe  of  the  many  biShops  it  would  be  necef- 
 fary  to  aflemble  for  that  end,  they  therefore 
 orderd  that  abbats  Should  be  fummon'd,  in- 
 stead of  bifliops;  and  for  want  of  thefe,  the 
 chief  incumbents  of  cathedrals. 
 
 Therefore,  I  fay,  'tis  not  Sacrilege,  as  is 
 loudly  pretended,  for  a  fecular  prince  to  try 
 ^nd  condemn  eccIeSLSHcal  criminals  ;  becaufe 
 not  only  the  canon  laws,  but  alio  the  Council 
 of  Trenti  demand  it  at  their  hands.  Degra- 
 dation 
 
The  Rights  of  Sovereigns.     103 
 
 dation  does  not  make  a  prieft  ceafe  to  be  a 
 prieft,  for  the  lacrament  or  ordination  is  one 
 of  thofe  that  impreCs  an  indelible  character, 
 which  all  the  power  of  man  cannot  deface. 
 The  whole  that  degradation  does,  is  the  put- 
 ting a  prieft  under  a  ftate  of  interdici,  by  for- 
 bidding him  the  exercife  of  his  office.  It  does 
 not  take  away  his  capacity  of  performing  his 
 functions  ;  and  ii  a  prieft,  who  is  degraded,, 
 conlecrate  the  facrifìce,  it  will  be  valid,  tho' 
 he  commit  a  fin  by  doing  that  which  is  forbid- 
 den him.  Moreover,  if  a  degraded  prieft  be 
 condemn'd  to  die,  and  a  layman  happen  to  fall 
 fo  ili  on  a  fudden,  that  his  life  is  in  danger,  and 
 no  other  prieft  is  at  hand  to  confefs  him,  then 
 the  prieft,who  is  under  fentence  of  death,might, 
 and  ought  to  hear  his  confeifion,  tho'  he  is  juft 
 going  to  the  gallows  j  and  the  dying  man,  fo 
 abfolv'd  from  his  fins  by  the  faid  prieft,  will 
 be  truly  and  properly  abfolv'd  before  God.  I 
 fay,  trut  fuch  prieft  not  only  tnight,  but  ought 
 to  confefs  the  dying  man,  becaufe  the  obli- 
 gation of  obedience  to  the  precept  of.  confei- 
 fion is  greater  than  the  fufpenfion  pronounc'd 
 by  the  biihops.  'Tis  evident,  therefore,  that,  ac- 
 cording to  Uie  canons  themielves,  a  fecular 
 prince  may  judge  ecciefiaftics ,-  and  if  it  hap- 
 pens that  he  do  it  without  degrading  them,  'tis 
 becaufe  every  crime  is  not  capital  ;  but  the  de- 
 linquent, tho'  he  does  not  delerve  death,  ought 
 not  to  come  off  without  any  puniihment  at 
 {tll3  for  the  fake  of  obferving  that  formality  3 
 
 betides 
 
204     ^je  Rights  of  Sovereigns* 
 
 befides  that  fuch  impunity  would  be  attended 
 with  the  inconveniency  1  have  already  men- 
 tion'd,  it  would  promote  licentioufnefs  among 
 the  laity,  becaufe  fin  is  always  countenance! 
 by  retarding  the  punifhment  of  the  criminal, 
 tho'  be  does  not  at  length  wholly  pafs  un- 
 puniihcL  When  a  prince  happens  to  punilh  a 
 clergyman,  without  flaying  for  his  degrada- 
 tion ,  he  fails  in  his  observation  of  the 
 canon  that  prefcribes  it  ;  and  all  the  fault  that 
 the  court  of  Rome  could  pretend  to  find  with 
 fuch  procedure,  would  be  only  the  negled:  of 
 a  mere  piece  of  formality,  in  no  wife  eflential 
 in  it  felf,  becaufe  degradation  does  indeed  fuf- 
 pend,  but  not  efface  the  character  of  ordina- 
 tion. But  to  return  once  more  to  the  ecclefi- 
 aftical  judges  ;  are  they  themfelves  fuch  ftriót 
 obfervers  of  thefe  canons,  that  when  they  find 
 an  irregular,  fcandalous  prieft,  in  countries 
 fubjetì  to  the  Church,  both  in  fpirituals  and 
 temporals,  they  degrade  him,  and  then  turn 
 him  over  to  the  fecular  arm  ?  No  verily  ;  they 
 firft  condemn  fuch  prieft  either  to  the  galleys, 
 or -the  gibbet,  according  to  the  nature  of  his 
 crime,  without  delivering  him  over  to  the  fe- 
 cular power,  obferving  the  diftin&ion  I  have 
 already  mention'd,  i)i%.  that  they  pronounce 
 this  ienteiice  not  as  p.  lefts  (  becaufe  then  they 
 would  fall  into  an  ab.urdity)  but  as  minifters 
 of  a  temporal  prince,  or  of  an  ecclefiaftic  one, 
 who  exe.cifes  a  temporal  power  and  authority. 
 By  this  conduct,  the;  do  as*  cood  as  acknow- 
 
 ledge 
 
The  Rights  of  Sovereigns.     205 
 
 ledge  that  'tis  neceffary,  for  the  good  govern- 
 ment of  a  temporal  'fiate,  to  pafs  judgment 
 without  delay,  and  to  condemn  the  guilty, 
 whether  they  are  laymen  or  clergy,  without 
 ftanding  for  the  ceremony  of  degradation,  or 
 carrying  them  about  from  one  tribunal  to  ano- 
 ther. Why  then  do  they  fcruple  to  allow  the 
 fame  right  to  a  temporal  prince,  who  is  as 
 much  concern'd  furely  as  they  are  to  govern  the 
 fubjeds  well,  and  not  to  fleep  when  the  guil- 
 ty deferve  punifhment  ;  efpecially  thofe  who 
 have  committed  great  crimes  ?  if  they  make 
 no  fcruple  to  break  thofe  canons  which  they 
 ought  to  obey,  I  don't  think  the  negleft  of 
 them  can  be  a  crime  in  a  temporal  prince,  who 
 indeed  owns  his  obligation  to  obey  the  divine 
 law,  but  does  not  think  he  is,  nor  is  he  any 
 way  obiig'd  to  mind  the  canons  in  matters  re- 
 lating to  his  government,  fince  he  has  no  fu- 
 perior  to  account  for  it  to,   but  God  alone. 
 
 Thefe  are  the  ufurp^tions  which  the  court  of 
 'Rome  would  fain  fee  eftablifli'd  all  over  the 
 world.  They  would  have  it  belie v'd that  the 
 ecclefiaftical  courts  have  greater  authority,  in 
 thefe  modern  times,  than  the  ancient  prelates 
 had  formerly.  They  preach  up  obedience  and 
 juflice,  but  leave  the  pradice  thereof  toothers. 
 If  a  layman  commits  a  robbery,  or  murder, 
 in  a  Church,  and,  being  profecuted  for  the 
 fame  at  law,  flies  for  protection  to  another 
 Church,  the  canons  are  againft  his  enjoy- 
 ing the  privileges  of  the  immunity  -,  becaufe, 
 
 fay 
 
10Ó     The  Rights  of  Sovereigns. 
 
 fay  they,  he  has  already  difhonour'd  the  facred 
 place  by  his  crime.  By  parity  o£  rea  fon,  when 
 a  clergyman,  who  is  by  hio  profeifion  bound  to 
 lift  up  hi,  eyes  to  heaven,  and  to  ufe  tits  hands  in 
 adminiftring  the  facraments,  is  tie  firft  man  to 
 fully  bi>  facred  character  by  robbery,  murder,  or 
 other  great  enormities,  why  then  fhould  he  en- 
 joy the  privileges  of  that  order  which  he  has  thus 
 defil'd?  forecclefiaftical  liberty  was  eftablifii'd 
 for  our  edification,  and  not  for  our  defiru&ion* 
 The  Council  of  Trent  is  full  of  decrees  made 
 in  favour  of  epifcopal  authority,  with  a  view 
 to  render  the  bifhops  more  eafy  in  the  govern- 
 ment of  their  diocefes  ;  which  was  often  mo- 
 lefted  and  hinder'd  by  temporal  princes  grant- 
 ing exemptions,  favours,  protections,  and  the 
 like,  to  certain  places  of  devotion,  military 
 orders,  and  royal  chaplains  ;  which  exemptions 
 and  privileges,  claim'd  by  offenders,  are  fo  ma- 
 ny impediments  and  obftacles  to  the  right  ad- 
 miniftration  of  juftice  :  Therefore  the  Council 
 frees  the  bifliops  from  fliewing  any  regard  to 
 conceifions  of  that  kind,  and  they  allow  a  bi- 
 fhop  the  more  liberty,  in  this  cafe,  to  encou-* 
 rage  him  to  conftant  refidence  in  his  diocefe, 
 and  to  reward  him  for  his  pains  in  it.  Why 
 then  fliould  not  a  lawful  prince  have  the  fame 
 free  liberty,  who  holds  his  authority  and  go- 
 vernment from  God  himfelf,  and  the  law  of 
 nature  ?  for  my  own  part,  I  cannot  help  think- 
 ing it  intolerable  prefumption,  to  pretend  to 
 make  the  bifhop's  jurifdiótion  larger  than  the 
 t  prince's 
 
The  Rights  of  Sovereigns.     207 
 
 prince's  to  whom  he  is  fubje&j  and  in  vvhofe 
 dominions  he  ;•■  flumes  that  authority. 
 
 The  Council  declares  in  a  hundred  cafes, 
 that  when  a  bifiiop  finds  himfeli"  embarafTed, 
 he  ought  to  call  for  the  affiftanoe  of  the  iecular 
 arm.     Is  it  not  the  higbeft  ingratitude  then  in 
 the  ecclefiaftical  tribunal,  to  pretend  to  difpute 
 the  prerogatives  of  the  temporal  one,    from 
 which  it  receives  protection  and  fuccour  ?  I 
 know  they  will  tell  me,  that  a  prince,  fuppo- 
 fing  he  be  an  ecclefiaftic,  would  enjoy  the  lame 
 privilege,  but  that  while  he  is  only  temporal, 
 he  ought  not  to  concern  himfelf  with  peribns 
 that  are  facred  :  To  this  I  lhall  repeat  the  lame 
 anfwer  I  have  already  given  ;  that  tho'  the  per- 
 fon  of  a  delinquent  be  facred,  the  action  is 
 not  fo,  and  fuch  a&ion  makes  him  forfeit  his 
 quality   and  privilege  of  confecration.     'Tis 
 remarkable  that  the  very  canon  law  excepts 
 twelve  mod  flagrant  cafes,  in  which  the  fecu- 
 lar  judge  is  fo  far  from  being  bound  to  regard 
 ecclefiaftical  immunities,  that  he  may  caule  a 
 criminal  attainted  of  any,  or  either  of  thofe 
 crimes,  to  be  arretted  in  that  very  Church  to 
 which  he  flies  for  protection.    Now  ecclefi- 
 aftical liberties  and  ecclefiaftical  immunities 
 are  but  one  and  the  fame,  and  only  differ  in 
 this,  that  ecclefiaftical  liberty  is  afcrib'd  to  per- 
 fons,  and  the  other  to  places  that  are  facred. 
 Since  therefore,  by  the  confeffion  of  the  Ro- 
 mijh  cafuifts,  the  enormity  of  the  crime  jufti- 
 fies  the  fecular  judge  in  laying  hands  upon  the 
 
 criminal, 
 
2o8     The  Rights  of  Sovereigns. 
 
 criminal,  notwithftanding  the  facrednefs  of  the 
 place,  and  tho'  even  the  holy  ficrament  be 
 there,  I  would  fain  know  why  the  fame  enor- 
 mity, when  found  in  the  perfon  of  an  eccle- 
 fiaftic,  does  not  authorize  the  prince  to  treat 
 him  in, the  fame  manner.  After  this,  'tis  no 
 wonder  if  fome  evil-minded  perfons  take  the 
 freedom  to  fay,  that  all  thisnoife  and  jealoufy 
 of  the  clergy  is  not  for  procuring  refped  to  the 
 dignity,  but  to  the  man  who  is  veiled  with  it  ; 
 and  that  a  multitude  of  worldly  interefls  and 
 paifions  are  often  cover'd  under  the  cloak  of 
 religion.  But  we  fhall  now  conclude  this  ar- 
 ticle, on  which  we  have  already  faid  more  than 
 enough  to  fatisfy  thofe  that  are  impartial,  but 
 fhall  never  be  able  to  add  what  will  convince 
 thofe  that  are  interefted  in  the  matter. 
 
 CHAP.     XII. 
 Concerning  the  Pope's  infallibility. 
 
 Vjn'Hile  I  was  pondering  upon  this  important 
 **  fubjed,  I  call'd  to  mind  the  genealogy 
 which  Anftotle  has  left  us  of  natural  philofo- 
 phy.  Its  great  grandfather,  fays  he,  was  ig- 
 norance, its  grandfather  admiration,  and  its 
 mother  doubt.  The  fight  of  thofe  eflfe&s,  file 
 could  not  account  for,  gave  birth  to  admira- 
 tion, for  we  are  apt  to  admire  what  we  do  not 
 t  know  : 
 
The  Rights  of  Sovereigns.     209 
 
 know  j  and  in  fine,  admiration  excited  the  un- 
 ftanding  to  go  in  fearch  of  the  mhyaxvà  where* 
 fore  of  thefe  eflfc&s^  and  from  hence  i  prang 
 dmbt  ;  and  the  diicuffion  of  things  doubtful 
 brought  forth  knowledge^  Wifdpm,  or  rather 
 true  philofophy.  Da-vid  has  recorded  that 
 cheery  man  is  a  liar  ;  and  St.  Paul  fays,  lei  him 
 who  thinMh  he  ftdndàh^  take  heedleft  be  f. 
 And  finally,  the  Council  of  Trent  fays3  no  per- 
 fon  can  he  fare  that  be  bas  okamd  X  ':  of 
 
 God.  Yet  we  are  told  every  now  and  then  of 
 a  man  who  has  eves  frron^  enough  to  look  ftea- 
 diiy  into  the  fun  of  trutn  without  being  daz- 
 led,  who  can  Aide  upon  the  llippery  ice  of  hu- 
 man weaknefs  without  failing,  and  who  is  con* 
 fequently  infallible  in  all  hi,  judgmc 
 
 At  firft,  a  man  knows  nothing  at  all  of  in- 
 fallibility, then  he  admires  it  ;  and  in  the  third 
 place  comes  to  doubt  of  it  ;  but,  at  la  ft,  with 
 the  help  of  fonie  diftinctions,  he  comprehends 
 it,  and  lbives  all  his  former  doubtings.  The 
 champions  of  the  court  of  koine  boaft  that  th;s 
 point  has  been  clearly  decided  bT  hrifth 
 in  the  affirmative.  If  io,  i  de-fire  no  more  ;  or 
 Jeri(s  Chrijt  being  the  truth  itfelf,  one  fingi* 
 word  of  his  proves  more  than  all  the  demon* 
 firation  which  the  wit  of  man  can  invent  ;  but 
 if  the  principle,  on  which  their  demonstrations 
 are  founded,  is  fidie,  they  mult  be  fo  too  ; 
 while,  on  the  other  hand,  the  word  of  our 
 Lord  Cbrifi  is  exempt  from  all  manner  of 
 faiftiood. 
 
 P  A  cer- 
 
 1 
 
1 1  o     The  Rights  of  Sovereigns. 
 
 A  certain  king  of  Japan,  having  heard  it 
 afferted  by  the  mifTionaries,  that  if  a  chriftian 
 had  faith,  he  was  able  to  remove  mountains  ; 
 he  fent  to  acquaint  their  fuperior,  that  he  intend- 
 ed in  a  few  days  to  fee  an  experiment  of  the 
 truth-  of  their  propofition,  and  that  if  they  did 
 not  fucceed,  he  would  punifli  him  and  all  his 
 countrymen  as  falfe  prophets.  This  meffage 
 was  extremely  mortifying  to  the  fuperior, 
 who  very  much  doubted  of  fuccefs  ;  for  in  ali 
 times  there  have  been  propofitions  advanc'd 
 in  difpute ,  which  could  never  be  prov'd , 
 when  brought  to  the  teft.  However, 
 an  honeft  cobler  apply'd  to  the  miffiona- 
 ries,  and  defir'd  them  to  tell  him  fincerely, 
 whether  J  e  fits  Chrift  had  really  declar'd  fo  him- 
 felf  ?  and  they  affuring  him  that  he  had,  he  of- 
 fer'd  himfelf  to  work  the  miracle,  being  tho- 
 roughly perfuaded,  that  if  Chrift  had  faid  it,  he 
 could  not  fail  of  fuccefs.  I  think  my  faith  is  as 
 ftrong  as  thecobler's  ;  and  if  they  can  fliew  me 
 that  our  faviour  has  any  where  promis'd  this 
 infallibility,  I  will  inftantly  believe  it,  for  I 
 know7  that  'tis  he  who  hath  made  va  ;  and  as  he 
 has  given  us  frail  nature,  which  is  fubjeót  to 
 err,  he  is  alio  able  to  fortify  us,  and  to  let  our 
 underftandings  above  the  reach  of  fallacy. 
 
 I  have  prayed  for  thee,  Peter,  that  thy  faith 
 fail  not.  This  text  is  all  the  proof  they  bring 
 for  infallibility  >•  which,  as  ihort  as  it  is,  might, 
 however,  ferve  for  a  proof,  if  it  was  not  fub- 
 je&  to  a  diftindion  ,*   for  it  muft  be  confiderà, 
 
 whether 
 
*  The  Rights  of  Sovereigns.     Hi 
 
 whether  this  prayer  of  Chriji  is  confin'd  only  to 
 faith,  or  whether  it  does  not  rather  extend  to 
 all  the  benefits  depending  thereon,  as  doftnne, 
 piety,  miracles,  and  eternal  falvation.  It  all 
 thele  graces  had  been  promis'd  by  Jefus  Chriji 
 to  Peter,  he  could  never  have  been  without 
 them.  'Tis  true,  he  had  them  all  at  one  time 
 or  another  ;  for,  after  his  conversion,  he  was 
 wholly  endowed  with  knowledge  and  the  gift 
 of  miracles,  and  was  the  firft  in  the  apoftoli- 
 cal  college,  as  well  as  the  chief  of  the  laints 
 in  Paradife  ,  but  all  thefe  advantages  were  the 
 fruits  of  hL  repentance,  and  he  acquir'd  thefe 
 great  prerogatives  as  a  reward  of  his  faith,  for 
 comeflmg  the  name  ofCbrtfl)  io  every  one  who 
 has  been  baptiz'd  may  obtain  all  thefe  rich 
 gifts,  as  the  price  of  that  facrifice  which  we 
 make  of  our  felves  for  the  name  ofjeflts  -,  for 
 the  juftice  of  God  does  not  deny  the  la- 
 bourer his  hire,  but  is  rather  lavifli  in  its  re- 
 wards, than  fparing,  as  God  himfelf  has  given 
 us  to  underftand  in  the  parable  of  the  yine- 
 dreflèr. 
 
 All  the  controverfy  turns,  in  fliort,  upon 
 thefe  two  points  :  Firft,  whether  it  was  a  pri- 
 vilege attached  to  the  perfon  of  St.  Peter,  or 
 to  his  dignity  ?  thefe  gifts  were  promis'd  to 
 Peter  in  confequence  of  his  faith,  yet  all  the 
 apoftles  had  them  as  well  as  he.  The  fecond, 
 which  of  the  two  is  perhaps  the  mod  difficult 
 to  anfwer,  is  whether  this  privilege  be  perfo- 
 
 P  z  nak 
 
1 1 1     The  Rights  of  Sovereigns. 
 
 nal,  or  whether  it  be  common  to  all  who  fuc- 
 ceed  in  Peters  chair  ? 
 
 Firft,  let  us  confider  at  what  time  the  pro- 
 mife  was  made.  It  was  when  Jefus  Chrift  in- 
 ftituted  the  eucharift  at  his  laft  fupper  with  the 
 apoftles,  when,  as  it  may  be  faid,  he  impove- 
 riili'd  himfelf,  by  diftributing  all  that  he  had 
 to  them,-  and  that  they  might  continue  worthy 
 of  the  dignity  to  which  he  advanc'd  them  , 
 he  warn'd  them  of  the  terrible  temptation 
 which  the  devil  was  preparing  for  them.  Sa- 
 tan, lays  he,  has  deftrdto  have  you,  that  he  ma) 
 fift  you  as  wheat  $  hit  I  have  prafd  for  thee, 
 Peter,  that  thy  faith  fail  not.  Who  does  not 
 fee  that  hereby  Jefus  Chrift  manifefted  an  ex- 
 traordinary love  for  Peter  ?  for  the  temptation 
 was  prepar'd  by  the  devil  for  all  the  apoflles, 
 and  Chrift  warned  them  all  of  it  ;  yet  he  tells 
 Peter  alone,  that  he  had  prayed  to  the  father 
 for  him  in  a  fpecial  manner  that  his  faith  fail 
 not.  It  may  be  faid  that  our  Lord  had  for- 
 got, or  made  no  great  account  of  the  other 
 difciples  -3  but  as  loon  as  God  cafts  his  eyes 
 upon  human  weaknef ,  he  remembers  us,  and 
 makes  us  fenhble  of  his  affiftance  ;  for  which 
 reafon  Jefus  Chrift  adds  immediately,  and  when 
 thou  art  converted,  ftrengthen  thy  brethren. 
 Therefore  he  did  not  forget  his  difciples  ;  but 
 it  feeitis  as  if  he  wouid  give  Peter  the  prefe- 
 rence of  fuperiority,  by  his  commanding  that 
 thi  ii  confirmation  in  the  faith  fhould  be  the 
 work  of  that  apoftle>  in  the  fame  fenfe  as  Pe- 
 ters 
 
The  Rights  of  Sovereigns.     213 
 
 tefs  abiding  in  the  faith,    was  the  eftett  of 
 Chuffs  prayer  for  him,  and  favourable  difpo- 
 fition  towards  him.     An  admirable  privilege 
 this,  without  doubt,   and  a  firong  proof  of 
 his  dignity  !  But  obferve  what  happen'd  a  few 
 hours  after.     His  divine  mailer  was  no  fooner 
 taken  into  cufiody,  but  Peter  is  expo^'d  to  the 
 temptation  of  a  filly  woman,  when  that  Peter 
 who  was  fo  dearly  lov'd,   that  Peter  who  was 
 fo  well  forewarn'd,  that  Peter  for  whom  Je- 
 fm  Chrift  pray'd  in  a  particular  manner,  denies 
 him,  and  fwears  that  he  knows  him  not  !  alas  ! 
 how  frail  is  man  !  who  can  ftand,  if  Peter  dag- 
 gers, who  had  fuch  mighty  aids  ?  God  forbid 
 that  any  fhould  think   our  faviour's  promife 
 and  prayer  for  him  were  of  no  effect.     One 
 word  of  Chrift  is  fufficient  ;  there  cannot  be  a 
 furer  ;  and  there's  no  greater  proof  of  it  thati 
 the  thief,  who,  by  virtue  of  that  divine  word, 
 afcended  dire&iy  from  the  crofs  to  Paradife. 
 But  fome  will  fay,  how  can  we  reconcile  the 
 promife   with  the  effetì:  ?    why,   if  we  duly 
 confider  what  it  was  Jefus  Chrift  promis'd,    we 
 {hall  find  that  he  executed  it  to  a  tittle.  /  have 
 frafd  for  thee,  Peter,  that  thy  faith  fail  not. 
 He  does  not  fay,   that  thou  fail  not  ;    which 
 would    amount    to   fuch    a   confirmation  in 
 grace  as   the  angels  in   heaven  had  after  the 
 fall  of  lucifer,  when  they  couid  not  foil  if  pof- 
 fibly  they  would.     Jefus  Chrift  promh'd  him 
 that  his  faith  fhould  not  fail  ;  for,  in  fhort,  fin 
 does  not  deftroy  faith,  till  the  man  apofiatizes. 
 
 P  3  Tho' 
 
214     The  Rights  of  Sovereigns. 
 
 Tho'  Peter  deny'd  Cbrift,  it  was  not  becaufe 
 he  doubted  of  his  divinity,  but  the  fear  of 
 dea  th  made  him  pretend  that  he  knew  him  not. 
 His  crime  was  not  the  holding  any  heretical 
 opinion,  as  was  that  of  glides,  but  his  being 
 afiraicUfo  conteis  the  name  of  Chrift. 
 
 There  is  a  notable  difpute  among  divines 
 concerning   what  fpecie^   of  crime   thole  are 
 guilty  of   who  are  forc'd  by  the  Turh  to  ab- 
 jure chrìftianity.     Some  fay  they  fin  againft  the 
 faith.     Sf.  Thomas  is  of  the  contrary  opinion, 
 and  Cays3  that  be  they  never  io  wicked,  they 
 are  ftill  chrifiians  in  ti  eir  hearts  5  and  if  they 
 return  to  their  firft  profeffion,  they  ought  not 
 to  be  rebjptiz'd  ;  but  he  lays,  their  fin  is  a  fin 
 againft  the  confeflion  of  the  faith,  which  every 
 chriftiah  is  ob.ig'd  to  make  at  the  hazard  of 
 his  life.    As  for  my  own  part,  I  fhouìd  be  apt 
 to  diftinguiih,    and   fay  thus  :    If  they   deny 
 Chrift,  becaufe  they  do  not  believe  in  his  divi- 
 nity, and  in  his  promiies,  they  fin  againft  the 
 faith  y  tor  he  cannot  be  calf d  a  believing  chri- 
 ftian,  wo  does  not  believe  in  Chrift}  but  if 
 they  deny  him  only  in  appearance,  and  thro' 
 fear  of  death,  they  fin  againft  the  confeffion  of 
 the  faith,  becaufe  they  prefer  this  life  to  the 
 profeflion  of  the  name  of  Chrift.     This  diftinc- 
 tion  will  ferve  to  fhew  us  of  what  fort  St.  Pe- 
 ters ciime  was  ;  he  denies  his  knowledge  of 
 Jefus  Chri/l,  and  backs  it  even  with  an  oath 
 and  blaipLemy  ;  but  a  moment  after,    Jefus 
 calling  his  eye  upon  him  in  Pilate's  hall  of 
 
 juftice3 
 
The  Rights  of  Sovereigns.     21  > 
 
 juftice,  he  thought  of  the  guilt  he  had  c on- 
 traded,  repented,  and  wept  bitterly  ;  where- 
 as, if  his  faith  had  fail'd  him,  he  would  not 
 have  return'd  to  himfelf  with  fo  many  marks 
 of  a  fincere  penitent.  Now  this  was  the  effeft 
 of  our  faviour's  prayer,  who  reftor'd  him  to 
 grace  after  fo  enormous  a  fin,  and  with  that 
 grace  he  obtain'd  many  other  gifts  ,•  as  piety, 
 doóìrine,  miracles,,  and  the  being  chief  among 
 the  apoftles. 
 
 The  canonifts  pretend  that  the  privilege  of 
 perfeverance  in  the  faith,  from  whence  infalli- 
 bility flows,  is  peculiar  to  the  pontifical  dig- 
 nity.    The  Roinijh  theologians  are  alfo  agreed 
 in  the  fame  point,  and  I  my  felf  have  own'd 
 as  much  in  the  beginning  of  this  treatiie,  where 
 I  have  plainly  (hewn  my  readinefs  to  believe, 
 that  tho'  the  Popes  of  our  days  have  not  the 
 fame  piety,  or  the  power  to  work  miracle:  as 
 Peter,  yet  they  have  in  all  refpeóh  the  prero- 
 gative of  not  erring.     But  what  ?  are  we  to 
 fuppofe  them  fo  confirm'd  in  grace,  that  they 
 have  no  longer  need  of  the  facrament  of  pe- 
 nance ?  no  truly  ;  for  St.  Paul  lays,  that  every 
 high  prieft  is  encompafs'd  with  infirmity.     To 
 folvethis  difficulty,  we  muft  again  diftinguifii, 
 that  mannerrs  two  ways,-  in  opinion,  and  in 
 aótion  ;  and  that  thefe  two  kinds  of  error  are 
 very  different.  It  often  happens,  that  the  zeal 
 of  the  will  eclipfesthe  judgment;  but  if  this 
 be  folid,  and  duly  regulated,  it  cannot  be  im- 
 posed upon  by  the  will.     To  apply  thefe  gene- 
 
 P  4  rul 
 
li 6     ?The  Rights  of  Sovereigns. 
 
 ral  reflexions  to  our  prefent  fubjed,  we  may 
 argue,  that  it  comports  with  the  juftice  of 
 God,  at  the  fame  time  when  he  'commands  a 
 thing  to  be  done,  to  furniih  the  means  for  do- 
 ing it^  and  that  atherwife  we  might  accufe  his 
 providence  and  foreknowledge  ;  fo  that  Peter 
 and  his  fupceflbrs  being  deiign'd  by  God.,  for 
 the  chief  directors  and  minifters  of  the  eccle- 
 fiaftical  monarchy,  he  has  undoubtedly  fur- 
 nifli'd  both  the  one  and  the  other  with  the 
 means  (uificient  for  governing  the  Church;  the 
 chief  of  which  means  is  true  doctrine.  Some 
 perhaps  are  fo  charm'd  with  the  beauty  of  ho- 
 Jinefs,  as  to  imagine,  that  the  fame  is  a  necef- 
 fary  qualification  tor  a  Pope;  but  be  it  fo  or 
 not,  'tis  certain  that  dottrine  ought  to  be  his 
 chief  qualification  ;  for  the  benefits  of  piety 
 are  peculiar  to  the  perfon  alone  who  has  it, 
 whereas  the  confequences  of  ignorance  muft 
 be  fatal  to  the  whole  chriftian  Church.  If  he 
 who  is  fet  at  ti]Q  helm  of  government  be  en- 
 dow'd  with  true  knowledge,  as  much  as  he 
 edifies  by  his  good  example,  fo  much  does  he 
 dexnoJim  error  by  his  knowledge.  For  this 
 reaion,  I  believe  that  the  Popes  hold  the  doc- 
 trine of  Peter  by  indefeafible  hereditary  right, 
 tho'  not  his  piety  ;  but  the  Greeks  and  Luthe- 
 rans deny  the  Pope  the  gift  of  true  doctrine,  and 
 acknowledge  it  oniy  in  a  Council,  according 
 to  that  phfige,,  wherefoexer  two  or  three  Jhdl 
 be  g  r  in  my  namei  there  Twill  be 
 
 in  (be  widft  of  theuh     For  my   part,  I  agree 
 
 with 
 
The  Rights  of  Sovereigns.     1 1 7 
 
 with -both,  but  fluii  again  diftinguifli  what 
 knowledge  it  is  the  Popes  have  ;  is  it  univerfal, 
 like  that  of  the  angels  and  the  blefs'd  (pints, 
 who  upon  the  fpot,  and  without  examining  ar- 
 guments, comprehend  things  of  txemfelves, 
 and  are  there  ore  call'd  IntelUgen  es  ?  No,  this 
 cannot  be  it  ;  for  fuch  a  knowledge  does  not 
 comport  with  human  underftanding,  which  is 
 always  eciip^'d  by  the  mifh  of  the  fenfes. 
 Even  Solomon  had  not  this  knowledge  ;  and 
 tho'  his  was  the  erftót  of  the  illumination  of 
 his  understanding,  yet  he  had  no  greater  a  de- 
 gree of  it,  than  what  demonftrated  him  to  be 
 a  man.  We  will  grant  then,  that  the  Pope  is 
 infallible  in  his  private  judgment,  with  relpeói 
 elpecially  to  the  articles  of  faith  ;  this  fort  of 
 knowledge  being  necefTry  (or  that  dignity  to 
 which  Jefa  Ckrift  has  rais'd  him;  but  I  don't 
 believe  that  beoni  e  he  is  a  Pope,  he  pretends 
 to  be  a  learned  phyfician,  or  an  able  mathe- 
 matician, which  are  fcience$  no  more  necefTa- 
 ryto  the  office  oi  a  I?ope;  than  the  knowledge 
 of  all  the  i  ch  the  a  pottles*  knew, 
 
 or  of  ail  the  fciences  taught  by  Ariftotle. 
 
 I  beiieve  le  advocates  for  the  Pope 
 
 will  be  io  n  •■  nous  as  to  own,  that  tho'  the 
 Pope,  by  virtue  o  &  privilege,  which  he  de- 
 rives from' St.  Peter,  Cannot,  thro'  ignorance, 
 niiflead  the  chri  ian  flock,  yet  he  may  lofe 
 himfeif,  and  err  in  hia  own  under/landing,  and 
 in  other  thin  s  durare  not  ..bfolutely  necelTary 
 for  faith  in  Gliriftj  and  this  confeiiion  may 
 
 ferve 
 
2 1 8     The  Rights  of  Sovereigns. 
 
 ferve  as  a  foundation  of  the  deciiion  of  the 
 prefent  queftion. 
 
 All  the  Councils,  and  efpecially  that  of 
 Trent,  diftinguifli  nicely  between  the  divine 
 law,  and  that  which  is  pofitive.  He  who 
 tranfgreffes  the  divine  law,  is  more  guilty  than 
 he  who  breaks  the  law  of  man  ;  tho'  fuch  is 
 the  lamentable  perverfion  of  the  times,  that 
 fonie  human  precepts  are  more  reiigioufly  ob- 
 ferv'd  than  the  commands  of  God.  Thus  men 
 are  more  careful  fri  abftinence  from  meats,  and 
 keeping  folemn  feafts,  than  in  guarding  againft 
 fornication,  or  taking  the  name  of  God  in 
 vain.  This  proceeds  from  the  weaknefs,  or 
 rather  ignorance  of  the  vulgar,  fince  the  di- 
 vine commandments  ought  to  be  moft  ftri&ly 
 obferv'd.  We  may  therefore  conclude,  that 
 infallibility  is  a  privilege  not  to  be  deny'd  the 
 Pope,  with  refpetì:  to  articles  of  faith,  that 
 are  ablblutely  neceffury  to  falvation  ;  but  not 
 with  refpeóì  to  the  conftitutions  of  pofitive 
 law,  which  tend  to  maintain  chriftianity,  but 
 are  not  abfolutely  neceffary  for  that  end.  The 
 Pope's  piety  would  contribute  very  much  to 
 it  ;  but  tho'  he  does  not  happen  to  be  pious, 
 he  is  neverthelefs  Pope,  and  the  lawful  head  of 
 the  chriftians  as  fuch.  It  muft  alfo  be  con- 
 fiderà, that  the  divine  law  is  unchangeable, 
 becaufe  God  is  not  fubjeól  to  change,  where- 
 as the  canon  laws  may  be  alter'd  or  annulfd, 
 according  to  the  circumftances  of  times  and 
 perfons,  which  is  a  proof  that  infallibility  has 
 
 no 
 
The  Rights  of  Sovereigns.     2 1 9 
 
 no  filare  in  the  eftablifhmentof  fuch  laws  ;  for 
 if  it  had,  they  would  not  be  liable  to  altera- 
 tion. But 'tis  not  fo  with  faith  and  its  arti- 
 cles. No  body  can  be  exempted  from  belie- 
 ving them,  nor  can  the  facraments  themfelves 
 bechang'd,  for  the  Pope  cannot  difpenfe  with 
 what  God  explicitly  obliges  us  to.  He  cannot  al- 
 ter either  the  matter  or  form  of  the  ficraments, 
 tho'  he  has  taken  the  liberty  to  do  it  in  fome 
 caies,  nor  can  he  augment  or  diminifh  the 
 number  of  them.  'Tis  true,  the  Pope  often 
 decides  matters  of  faith  ;  but  then  his  decision 
 is  not  arbitrary,  and  he  does  not  prefcribe  fuch 
 or  fuch  a  duty  merely  of  himfelf,  but  only  de- 
 clares and  interprets  the  will  of  God  in  fuch 
 a  manner  as  feems  to  be  correfpondent  with 
 the  faith.  For  the  maxim  in  civil  law,  illius 
 eft  interpre*ar>  cuius  eft  jura  dare,  i.  e.  the  inter- 
 preter of  the  liw  ought  to  be  he  who  is  the  lavo- 
 giver ,  is  not  admitted  in  things  divine.  So 
 that  tho'  the  Pope  has  a  right  to  interpret,  he 
 cannot  make  one  (ingle  article  of  faith.  'Tis 
 therefore  undeniable  that  God  has  endow'd 
 him  with  fufficient  light  for  fuch  an  interpre- 
 tation, and  'tis  in  this  fenfe  that  Jefus  Chrift 
 promis'd  hisconftant  afTiftance  to  the  apoftles, 
 when  he  faid,  I  am  with  you  until  the  end  of 
 the  world.  God  enlightens  him  with  his  holy 
 fpirit,  that  he  may  chuie  the  beft  opinion,  and 
 every  chriflian,  whether  prince  or  fubjetì,  is 
 oblig'd  to  receive  thole  decihons.  This  fort 
 of  infallibility  is  annex'd,   and  hereditary  to 
 
 the 
 
220     The  Rights  of  Sovereigns* 
 
 the  papal  dignity,  but  does  not  extend  to  ca- 
 nonical deciiions  and  decrees,  that  have  a  re- 
 gard only  to  pofitive  law.  For  in  this  rei  peel 
 the  Pope  may  err,  becaufe  constitutions  or  this 
 fort  are  often  alter'd  and  annull'd,  and  one 
 Pope  may  undo  whut  was  done  by  hi^  prede- 
 ceffor,  as  has  happen'd  more  than  once,  and  as 
 is  let  down  in  the  Councils.  Indeed  the  cour- 
 tiers of  home  pretend  not  to  credit  it,  becaufe 
 they  would  fain  make  the  people  believe,  if 
 poffible,  that  all  the  a#ion>  oi  ne  Pope  are 
 above  cenfure,  for  that  he  is  infallible  ,•  but 
 men  of  learning,  experience  and  honefty,  are 
 not  to  be  perfuaded  into  the  belief  of  fuch  a 
 notion. 
 
 Let  no  one  charge  me  with  endeavouring  to 
 retrench  a  privilege  which  I  own  to  have  been 
 granted  to  the  Popes,  becaufe  I  deny  that  the 
 laid  privilege  extends  to  cafes  of  pofitive  law. 
 The  confelfion  I  make  on  this  account,  is  not 
 confin'd,  and  flows  from  a  ftrong  and  lively 
 faith,  becaufe  I  own  the  faid  privilege  has  for 
 its  objetì  the  articles  of  faith  ;  the  knowledge 
 of  which  is  fo  difficult  for  the  wit  of  man  to 
 attain  to,  and  about  which  'tis  fo  eafy  to  be 
 miftaken.  How  many  are  there  that  have 
 quite  loft  their  fight  by  poring  too  curioufly 
 upon  this  fun  of  truth,  and  how  many  are  be- 
 come like  to  the  beaft  in  the  Reyslations  ?  the 
 Pagans  are  highly  commendable  for  their  mo- 
 deration in  this  refpeft,  of  which  they  have 
 kit  us  feveral  inftances  in  their  fables.    Among 
 
 other 
 
Tlje  Rights  of  Sovereigns.     221 
 
 other  reprefentations,  they  preient  us  with 
 Action  turn'd  into  a  flag,  and  torn  to  pieces 
 by  his  own  dogs,  for  endeavouring  to  fteal  a 
 fight  of  Dianas  nakednefs  ;  and  when  old 
 Monte  had  a  being,  a  ioldier  was  hang'd  for  his 
 curiofity  in  inquiring  who  was  the  tutelar  God 
 of  his  country.  In  matters  of  faiths,  'tis  bet- 
 ter for  him,  to  whom  the  care  thereof  is  not 
 committed,  to  be  contented  with  a  moderate 
 knowledge,  than  to  endeavour  to  penetrate 
 thro'  them  with  the  eyes  of  a  lynx,  for  faith 
 and  knowledge  are  as  oppofite  as  the  Anti- 
 podes ;  and  he  who  pretends  to  prove  the  prin- 
 ciples of  the  chriftian  faith  by  human  realon, 
 is  not  a  great  wav  off  from  an  heretic. 
 
 Thele  laft  reflections  will  undoubtedly  be 
 very  pleafing  to  the  court  of  Rome,  who  will 
 perhaps  retort  them  upon  my  felf,  as  if  I  pre- 
 tended to  be  wiferthan  is  convenient,  becaufe 
 I  put  the  learning  of  the  Pope  in  the  balance, 
 to  fee  what  it  weighs  ;  but  I  fincerely  declare 
 I  have  (aid  nothing  but  what  I  verily  think  in 
 my  confcience  to  be  true  ;  and  that  thefetting 
 truth  in  its  due  light  has  been  the  fole  view  of 
 all  my  inquiries.  I  don't  prefume  to  under- 
 value the  Pope's  abilities,  and  1  fliould  be  rafli 
 to  a  degree,  if  I  {hould  fo  much  as  queftion 
 one  of  his  decisions  in  matters  of  faith  ;  but 
 then3  on  the  other  hand,  I  fliould  be  a  very 
 impertinent  fool,  to  adore  him  upon  thL  «c- 
 .count  as  a  God,  and  it  would  be  impiety  in 
 me  to  make  that  an  article  of  faith3  which  is 
 
 not 
 
Ill     TTtf  Rights  of  Sovereigns. 
 
 not  fo.  In  a  word,  I  ought  to  paf>  for  the  rafli- 
 eft  of  mankind,  if  I  ihou'.d  prefume  to  explain 
 an  obfcure  article  of  faith  ;  but  I  will  never  be 
 obiig'd  to  regard  that  as  an  article  of  faith,which 
 has  a  relation  only  to  political  government. 
 
 I  have  read  fomewhere,  that  he  who  pre- 
 tends to  publifli  falfe  miracles  defer ves  to  be 
 excommunicated,  and  I  profefs  it  would  be  a 
 great  miracle  to  find  out  an  infallible  man,  who 
 has  committed  many  faults.  Solomon,  who  ac- 
 quir'd  his  great  wifdom  by  contemplating  that 
 deity  which  was  reveal'd  to  him  in  a  dream, 
 wrote  very  pious  things,  worthy  to  be  record- 
 ed, as  they  are,in  the  holy  fcriptures,  for  the  in- 
 ftru&ion  of  two  feleót  people,  thofe  under  the 
 law,  and  thofe  under  grace;  yet  how  unhappily 
 did  this  manfall,infomuch  that  he  turn'd  idolater? 
 Therefore  'tis  not  a  neceffary  confequence,  that 
 becaufe  a  man  is  mafter  of  one  fcience,  he  un- 
 derftands  all,  much  lefs  that  he  is  infallible  in 
 his  aótions  ;  for  a  general  cannot  be  form'd  out 
 of  a  particular.  The  Council  has  decided,  that 
 the  facrifice  is  always  pure  and  fpotlefs,  tho'  the 
 prieft  who  offers  it  be  unclean  and  polluted,  be- 
 caufe God  purifies  him  in  the  very  aft  of  admi- 
 niftring,  tho'  of  himfelf  he  remains  in  his  former 
 faults,  and  even  in  greater,  forafmuch  as  he  ap- 
 proacheth  the  altar  unworthily.  I  believe  like- 
 wife  that  the  Pope  has  a  clear  and  determinate 
 knowledge  as  to  the  doubts  in  matters  of  faithj 
 but  that  in  other  parts  of  knowledge  he  is  fub- 
 je<ft  to  error  and  miftakes  as  well  as  others. 
 f  PART 
 
«5 
 
 PART    IL 
 
 The  application  of  the  general  pro- 
 portions in  the  fir  fi  part ,  to  the 
 Quarrels  betzoixt  the  court  of 
 Rome  and  the  republic  of  Venice. 
 
 N  the  twelve  foregoing  Chapters,  I 
 have  fufficiently  fhown  how  far  io- 
 vereign  princes  ought  to  carry  their 
 refpecS  to  the  Pope,  and  their  fub- 
 miffion  to  his  authority,  without  infifting  on 
 the  unjuft  pretenfions  of  the  court  ofRo?ney  for 
 fetting  up  the  Pope  in  place  of  the  old  Roman 
 emperors,  who  aflum'd  a  fovereignty  over  both 
 princes  and  priefts,  and  for  engaging  chriflians 
 in  the  obfervation  of  ancient  rites  and  cuftoms, 
 as  is  ufed  at  that  of  the  adoration  of  the  Pope, 
 whofe  mouth  they  will  have  to  be  the  infallible 
 oracle  of  all  the  laws  and  ftatutes  upon  earth, 
 
 a  thins 
 
124     c^oe  Rights  of  Sovereigns^ 
 
 a  thing  which  they  can  prevail  with  none  to  be^ 
 lieve,  but  the  weak  and  the  ftupid,  or  fuch 
 ftudents  as  dare  not  fay. their1  fouls  are  their 
 own.  After  having  eftabliih'd  the  boundaries . 
 to  which  the  one  ought  to  carry  his  authority., 
 and  the  other  his  obedience,  it  may  be  neceflary 
 to  make  a  brief  application  of  all  thofe  general 
 maxims  to  the  particular  points  in  difpute  be- 
 tween the  court  of  home  and  the  mod  ferene 
 republic.  Thofe  general  maxims,  thus  proved 
 and  demonfìrated,  filali  ferve  as  the  major  pro- 
 portion of  the  argument,  and  the  prefent  con- 
 troverfy  as  the  miner.  I  filali  leave  the  judi- 
 cious reader  to  make  his  own  inference,  and 
 to  be  the  judge  whether  I  have  made  good  my 
 promife  in  the  introduction  to  this  diicourfe, 
 to  fliew  that,  confidering  the  good  conduft  of 
 the  republic  in  the  prefent  cafe  of  Paul  Vth's 
 pretended  interdict,  all  the  citizens  of  Venice 
 ought  to  be  very  eafy,  and  may  enjoy  a  good 
 confeience.  For  order  fake,  and  for  the  e  afe 
 of  the  memory,  1  filali  in  the  firfl:  place  give  a 
 fliort  recapitulation  of  the  contents  of  the  for- 
 mer part  of  this  treatife. 
 
 I  own'd  without  referve,  that  the  Church, 
 the  Pope,  and  other  prelates  inverted  with  the 
 pontifical  dignity,  have  a  right  to  excommuni- 
 cate -y  but  at  the  fame  time  I  demonfìrated,  that 
 in  order  to  excommunicate  any  one  with  ju- 
 Ilice, 'tis  neceffary  that  the  acuon  for  which  it  is 
 inflicted,  be  a  mortal  fin,  otherwife  the  whole 
 firu&ure  of  excommunication  falls  to  the 
 t  ground  ; 
 
The  Rights  of  Sovereigns.     11$ 
 
 ground.  That  when  a  free  Sovereign,  or  other 
 perfon  of  illuflxious  rank,  is  to  be  excommu- 
 nicated, the  fentence  bught  to  be  pronounc'd 
 by  a  prelate  who  has  no  dependance  upon  any 
 other,  or  who  is  at  leaft  upon  a  level  with  the 
 prince  accused,  upon  the  foot  of  his  own,  and 
 not  a  derived  or  precarious  authority.     I  like- 
 wife  prov'd,  that  an  appeal  may  be  made  a- 
 gainft  excommunication,  becaufe  the  fame  be- 
 ing only  a  fentence  founded  upon  the  opinion 
 of  man,  he  is  liable  to  be  deceiv'd  by  faife  ap- 
 pearances ;  confequently,  that  every  one  has  a 
 natural  right  to  have  recourfe  to  this  way  of 
 appeal  as  often  as  he  finds  himfelf  injur'd  by 
 fuch  a  fentence.     I  have  alfo  demonftrated, 
 that  fovereign  princes  cannot  be  excommuni- 
 cated with  juftice,  but  when  they  are  found 
 guilty  of  holding  opinions  different  from  the 
 catholic  Church,  in  the  articles  of  faith,  or  in 
 things  repugnant  to  the  true  interefts  of  the 
 Church,   or  to  the  propagation  of  the  faith. 
 That  in  cafe  the  excommunication  is  fulmi- 
 nated by  the  Pope  himfelf,  the  fovereign.  has  a 
 right  to  appeal  from  it  to  a  general  Council, 
 who  in  this  refpetì;  is  fuperior  to  the  Pope. 
 That  tho'  the  grievances  complain'd  of  by  the 
 court  of  Rome  againft  a  fovereign  be  of  fuch  a 
 nature  as  manifeftly  to  deferve  excommuni- 
 cation, and  to  be  of  the  fime  clafs  with  thofe 
 jaft  now  mention'd,  viz.  the  hindring  the  pro- 
 gress of  the  faith,  or  corrupting  the  purity  of 
 it  -,  yet  to  fuch  excommunication  there  ought 
 [Part  IL ]  Q.  in 
 
ilo    The  Rights  of  Sovereigns- 
 
 in  no  wife  to  be  added  the  claufe  of  depri- 
 vation of  temporal  dominions,  if  they  are  pof- 
 fefs'd  in  their  own  right,  and  not  by  fief  ;  from 
 whence  it  follows,  that  fince  this  is  not  practi- 
 cable with  refpetì  to  a  prince  who  is  fole  and 
 abiblute  fovereign,  it  would  be  much  lefs  to- 
 lerable by  an  independent  republic.  That  the 
 infringement  of  ecclefiaftical  liberty  deferves 
 cenfure  ;  but  care  muft  be  taken  to  mea- 
 fure  the  crime  by  the  true  interefts  of  the 
 Church,  and  not  by  the  interefts  of  the  cler- 
 gy ;  becaufe  there  is  an  effential  difference 
 between  the  Church  and  the  clergy,  not  on- 
 ly in  the  thing  confider'd  in  it  felf,  but  alio  on 
 a  political  consideration.  That  there  are  many 
 important  arguments  to  prove,  that  the  Church 
 does  not  poffefs  temporalities  by  divine  right, 
 and  that  the  Pope  has  no  greater  privileges  on 
 this  fcore  than  other  temporal  free  fovereigns. 
 That  a  free  fovereign  has  a  legal  right  in  him- 
 felf  to  raife  the  ordinary  tenths  upon  the  eftates 
 of  the  clergy,  and  to  exaft  from  their  perfons 
 and  eftates,  for  the  fervice  of  the  public.  That, 
 moreover,  if  any  clergyman  be  guilty  of  fe- 
 cular  crimes,  that  is  to  lay,  fuch  as  have  no  re- 
 lation either  to  the  adminiftring  of  the  facra- 
 ments,  or  to  the  dottrine  of  faith,  the  faid  of- 
 fence fhall  be  cognizable  by  the  lay-tribunal  of 
 the  temporal  prince.  And  laftly,  I  ihew'd 
 that  the  Pope's  judgment,  which  the  courtiers 
 of  Ro?ne  cry  up  fo  much  for  infallible,  is  only 
 fo,  when  he  declares  the  articles  of  faith,  and 
 adminifters  the  facraments  ;  but  that  it  does 
 
 not 
 
The  Rights  of  Sovereigns,  llj 
 
 riot  extend  tò  pòfitive  laws3  in  regard  to  which 
 his  judgment  is  as  liable  to  the  danger  of  er- 
 ror as  other  mens,  and  by  confequence  fubjecl: 
 to  correction  and  retractation,  therefore  not  in- 
 fallible, but  dilutable  and  revifable. 
 
 This  is  the  fubftance  of  all  that  I  have  hi- 
 therto proved,  without  making  mention  of 
 the  moft  ferene  republic.  Therefore  'tis  but 
 natural  for  us  now  to  take  a  view  of  the  grie- 
 vances which  the  court  of  Rome  complains  of 
 againft  her,  arid  fee  whether  òr  no  they  are 
 juft,  and  whether  the  remedies  made  ufe  of  by 
 the  republic  are  not  honourable  and  neceifary  ; 
 and  fuppofing  they  are  fo5  whether  every  one 
 that  lives  in  the  city  of  Venice  may  not  be  eafy^ 
 considering  thè  conduci:  of  the  republic  ■>  in 
 the  cafe  of  the  interdici. 
 
 Were  we  indeed  to  bring  again  upon  the 
 fìage  thofe  difputes  which  have  a  relation  to  the 
 prefent  grievances,  and  have  been  already  de- 
 cided, we  fliould  never  have  done,  and  the 
 controverfy  would  hold  to  eternity.  There- 
 fore infifting  on  what  we  have  before  deter- 
 mine, it  will  be  eafy  to  fliew  that  the  repub- 
 lic, far  from  arrogating  what  does  not  belong 
 to  her,  has  pafs'd  over  a  multitude  of  things 
 which  fhe  had  a  right  to  expeft,  by  virtue  of 
 her  free,  abfolute,  and  independent  fovereign- 
 ty;  and  which  are  already  eftablifti'd  by  law. 
 For  proof  of  this  ;  it  is  eftablifh'd  that  every 
 free  Sovereign  has  a  right  of  himfelf  to  raife  the 
 ordinary  tenths  upon  the  eftates  of  the  clergy; 
 
 Q  2  but 
 
12, 8   The  Rights  of  Sovereigns. 
 
 but  the  mod  ferene  republic  does  not  make  u(e 
 of  her  rights  and  while  other  princes  are  com- 
 monly forward  to  plead  their  indeperìdency.  by 
 laying  hold  even  on  the  moft  minute  occasions 
 to  extend  their  rights  and  power,  the  republic 
 modeftly  ftands  off  at  a  diftance,  to  fhew  her 
 filial  oBedience  to  the  holy  See,  and  only  de- 
 fires  an  indulto  for  raifing  the  tenths  once  in 
 every  five  or  feven  years.  If  this  be  not  an 
 evidence  of  her  extraordinary  moderation,  no- 
 thing is,-  yet  the  court  of  Rome  makes  a  hea- 
 vy outcry,  and  complains  of  the  following 
 grievances. 
 
 I.  That  the  republic  hinders  the  giving  of 
 lands  to  Regular  Monks  and  pious  places. 
 
 II.  That  they  permit  the  prefcription  of 
 theeftates  ofecclefiaftics  in  favour  of  thofe  who 
 only  rent  them,  and  thereby  improve  fuch 
 rents  to  a  title  of  property. 
 
 III.  That  the  fecular  tribunal  concerns  itfelf 
 in  the  trial  of  all  ecclefiaftic  criminals,  and 
 meddles  with  all  the  civil  interefts  of  perfons 
 ecclefiaftical. 
 
 IV.  That  bifhops  are  hinder'd  not  only  from 
 profecuting  the  laity  as  malefatìors,  for  crimes 
 cognizable  by  the  mixed  courts,  but  even  from 
 punifliing  the  clergy  when  convided  of  fcanda- 
 lous  crimes. 
 
 V.  That  biihops  are  hinder'd  from  vifiting 
 frieries,  hoipituis,  holy  places,  mounts  of  piety, 
 and  the  like. 
 
 VI.   That 
 
The  Rights  of  Sovereigns.  229 
 
 VI.  That  the  college  meddles  with  the 
 trial  of  caufes  in  matters  beneficiary  ;  and 
 when  any  one  has  applied  to  the  court  of  Rome, 
 they  oblige  him  to  a  renunciation  ab  inveirà- 
 tisj  i.e.  of  the  decrees  there  obtained. 
 
 VII.  That  they  are  for  fubje&ing  the  clergy 
 to  the  ordinary  taxes,  and  other  imports  laid 
 upon  the  laity. 
 
 VIII.  That  the  regular  Clergy  are  hinder'd 
 from  obeying  the  conftitutions  of  their  order 
 and  chapters,  by  being  oblig'd  to  conici  -  heir 
 prelatical  dignities  upon  fuch  as  are  natural 
 born  fubjetìs  of  the  republic. 
 
 IX.  That  when  any  difpute  happens  among 
 the  friers  themfelves,  they  are  forc'd  to  put  in 
 an  appearance  in  the  temporal  court,  inftead 
 of  the  tribunal  of  the  apoftolical  nuncio. 
 
 X.  That  thofe  who  have  a  bifhoprick,  or  o- 
 ther  prelatical  dignity,  confer'd  upon  them  by 
 the  court  of  R.ome^  are  oblig'd  to  beg  and  pray 
 to  the  Council,  for  the  poileffion  of  temporali- 
 ties, and  that  every  bifliop  is  forced  to  be  pre- 
 cognifed  by  a  Venetian  cardinal,  before  he  can 
 expetì  to  obtain  poffeiTion  of  the  vacant  See. 
 
 XL  That  they  meddle  with  what  relates  to 
 pennons  ;  and  be  they  ever  fo  much  eftablifli'd 
 and  approved,  the  fecular  court  grants  their 
 protection  to  debtors  that  refufe  to  pay  them, 
 
 XII.  That  the  ordinaries  of  places  are  hin- 
 der'd from  fulminating  excommunication,  in 
 cafes  prefcrib'd  by  the  canons. 
 
 Q  3  XIII.  That 
 
2 30     *The  Rights  of  Sovereigns. 
 
 XIII.  That  if  any  one  having  a  call,  takes 
 upon  him  a  religious  habit,  they  either  expel 
 him  upon  the  leaf!  complaint  of  his  parents,  on 
 pretence  of  his  being  feduced  ;  or  elfe  let  him 
 fray  in  the  monaftery,  ahd  authorize  the  parents 
 to  keep  his  eftate. 
 
 XIV.  That  fchifmatics,  heretics,  notorious 
 whoremongers  and  ufurers,  are  fuffer'd  to  live 
 quietly  and  peaceably  at  Venice^  and  the  prelate 
 is  not  permitted  to  excommunicate  them,  or 
 to  punifli  them  in  any  other  way. 
 
 XV.  And  to  fay  all  ih  a  word,  the  ecclefiafti- 
 cal  authority  is  depriv'd  of  all  jurifditìion  that- 
 legally  belongs  to  it. 
 
 To  thefe  they  add  the  violences,  as  they 
 think  fit  to  call  them,  praftifed  upon  thofe  that 
 fail  in  the  gulph,  by  forcing  fuch  as  carry  pro- 
 visions, inftruments,  animals,  fait,  and  the  like 
 goods,  that  pafs  thro'  it  into  the  rivers  of  R0- 
 magna^  to  pay  great  imports. 
 
 Thefe  are  the  grofs  of  all  their  complaints. 
 Great  cry,  but  little  wool  ;  and  more  tare  than 
 grain ,-  fo  that  'tis  neceffary  to  fift  it,  in  order  to 
 feparate  the  one  from  the  other,  for  fear  that 
 miftaking  the  tare  for  the  good  corn,  it  might* 
 inftead  of  giving  nouiifliment,  fend  up  vapours 
 and  intoxicate  the  brain,  which  are  its  peculiar 
 qualities. 
 
 In  the  firft  place,  let  it  be  obferv'd  that  all 
 difputes  of  this  nature  are  but  of  yefterday* 
 and  were  never  fo  much  as  heard  of  in  the  age 
 
 of 
 
The  Rights  of  Sovereigns.     131 
 
 of  the  apoftles.     'Tis  true  that  lome  herefies 
 were  broach'd  at  that  time,  which  were  fol- 
 lowed with  difcuffions  and  decifions,  both  by 
 fonie  of  the    apoftles  in  particular,    namely, 
 St.  Peter  and  St.  Paul,  and  by  all  in  general, 
 when  the  whole  apoftolical  college  gave  their 
 opinion  in  council  with  others  of  the  faithful 
 At  that  time,  difputes  turned  upon  matters  of 
 the   laft  importance,  it  being  necelTary  there 
 fhould  be  herefies  to  follow  the  truth,  as  the 
 ihadow  always  does  the  light,  for  the  better 
 diftinguifhing  the  true  belief  from  its  contra- 
 ry.    There  muft  be  herefies  ;  and  it  muft  needs  be 
 that  offences  co?ne>  fays  the  fcripture.    But  there 
 is  not  the  leaft  mention  in  thofe  facred  wri- 
 tings, of  any  difputes  concerning  poiltive  law  > 
 and  if  there  were  any  in  later  times,  they  made 
 no  great  noife.   St.  Epiphanius  having  given  ho- 
 ly orders  to  fome  clergymen  in  the  dioceie  of 
 St.  Lhryfoftom,   archbiiìiop   of   Confianiinofle , 
 whofe  See  was  afterwards  ereded  into  a  patri- 
 archate, it  rais'd  adifpute  among  them,  which 
 at  length  came  to  no  more  than  this  :  The  arch- 
 bilhop  fays  to  Epphanius,  0  holy  man!  fince  thou 
 haft  done  this,  I  believe  thou  wilt  never  get  back 
 alive  to  thy  biJJjoprick  ;  and  Epphanius  reply 'd,  0 
 juft  man!  I  dont  believe  thou  wilt  die  in  thine* 
 The  prophefies    of  both  were  verify 'd  ;    for 
 Epphanius  dy'd  in  his  voyage  to  Jerufalemy 
 and  St.  Qjryfoftom  dy5d  in  exile.     Things  would 
 not  certainly  be  lo   eafily  accommodated  in 
 thefe  our  days.     If  the  jurifdiótion  of  a  prelate 
 
 Q.  4  fhould 
 
1^1     The  Bhhts  of  Sovereigns. 
 
 fhould  be  invaded,  he  would  fulminate  a  ter- 
 rible excommunication  againft  his  brother,  and 
 not  lay  down  his  arms,   till  he  had  receiv'd 
 compìeat  fatisfatìion.     One  riiijght  be  inclin'd 
 to  think  that  only  clergymen  would  be  con- 
 cerna in  this  kind   of  quarrels  ;  but  it  will 
 appear,  upon  due  reflection,  that  a  multitude 
 of  cafes  may   pofllbly  happen,  which- princes 
 cannot  avoid   being  concern*!   in  ;  as  for  in- 
 stance, when  the  perfori  excommunicated  is  the 
 fubjeól  of  another  fovereign,  and  if  fuch  per- 
 fon,  in  obedience  to  the  excommunication,  ab- 
 fcainS  from  his  pallerai  functions,  then  his  dioce- 
 fans  will  be  without  a  pàfton     Mean  time  the 
 prelate:  cf  our  day,  cannot  reproach  thofe  of 
 antiquity  with  a  want  or  zeal  ior  the  glory  of 
 God,  becaufe  they   were  all  holy  mem,   and 
 the  gfeàteft  part  of  em  have  been  crown'd 
 with  martyrdom  j  but  our  modern  prelates  are 
 not  animated  fo  much  by  a  zeal  for  God's  glo- 
 ry,   as  for  the   obiervation  of  pofitive  laws. 
 "Whoever  reads  St.  Paul,  will  fee  that  he  took 
 thè  liberty  to  determin  articles  offaith,as  when 
 he  enjoiii'd  the  G alati ans  to  abftain  from  cir- 
 cumcifion,  adding  this  reproof  to  his  exhor- 
 tation ;  0  foplijh  Gaiatians,  who  hath  bewitch- 
 ed you  that  you  fhould  Hot  obey  the  truth  ?   be- 
 caufe circumcifion  was  introdue'd  among  the 
 faithful.He  alfo  prefcrib'd  many  other  things  to 
 the  churches  of  Greece,  and  the  provinces  of 
 the  Levant.  Mean  while  he  was  far  from  having 
 the  primacy,  or  fuperiority  of  St.  Peter,  and 
 
 was 
 
The  Rights  of  Sovereigns.     13$ 
 
 was  not  made  an  apoftle  by  Jefus  Grift,  whom 
 he  had  never  ieen  in  his  incarnation,  but  was 
 only  caff d  to  be  an  apofile,  as  himfelf  owns.  Ne- 
 verthelefs,  all  his  decifions  wereaffented  to  by 
 the  other  apofties,  who  had  nothing  of  this 
 fpirit  of  envy  among  them  about  jurifdi&ion, 
 wherefore  St.  Peter  wrote  to  them  after  this 
 manner.  Be  diligent  that  ye  may  be  found  without 
 {■pot, and  blaiuelefs^enas  cur  beloved  brother  Paul 
 alfo,  according  to  the  wifdom  ghen  unto  bim% 
 hath  written  unto  you  ;  as  alfo  in  all  his  epifiles, 
 [peaking  in  than  of  thefe  things,  in  which  are 
 (owe  things  hard  to  be  under  ftood,  which  they 
 that  are  unlearned  and  un  ft  able  wreft,  as  they  do 
 alfo  the  other  fcriptures,  unto  their  own  deftruc- 
 tion.  This  was  the  manner  in  which  St.  Peter 
 approv'd  of  St.  Paul\  decisions,  without  being 
 angry  with  him  for  offering  to  determin  any 
 points  of  faith.  And  the  fole  aim  of  thofe 
 times  was  the  eftablilhing  of  found  dottrine, 
 and  necelfary  ceremonies  ;  but  as  for  pofitive 
 law,  it  was  either  unknown  to  them,  or  not  at 
 all  minded,  the  natural  tendency  of  it  being 
 rather  to  procure  fplendor  to  the  dignities  and 
 perfons  of  the  clergy,  than  to  contribute  to  the 
 falvation  of  believers.  Thofe  who  have  read 
 St.  Paul's  writings  with  the  leaft  attention, 
 cannot  but  obferve  that  he  did  not  care  for 
 the  large  perplexing  volumes  of  the  law.  All  his 
 inftruftions  perfuaded  to  mutual  love  and  good 
 manner^,  and  when  he  fpoke  of  the  law,  it  was 
 in  thefe  terms  :  I  had  not  known  fin  but  by  the 
 
 law  1 
 
2 34     The  Rights  of  Sovereigns. 
 
 law  ;  for  I  had  not  known  luft,  except  the  law 
 had  [aid,  Thou  flialt  not  covet  :  But  fin  taking 
 occafion  by  the  commandment,  wrought  in  me 
 all  manner  of  concupì [fcence  ;  for  without  the  law 
 fin  was  dead,  for  1  was  alive  without  the  law 
 once,  but  when  the  commandment  came,  fin  re- 
 vhed,  and  I  died.  I  do  not  pretend  to  infer 
 from  thence  that  there  Ihould  be  no  fuch  thing 
 as  pofitive  law,  but  only  that  the  fewer  there 
 are  in  number,  the  more  uleful  they  will  be, 
 and  the  better  obferv'd. 
 
 We  don't  find  that  the  apoftles  made  any 
 other  decrees  befides  thofe  containing  the  pre-? 
 cepts  of  raith,  tho'  methinks  it  might  have 
 been  thought  neceflary  to  eftablifh  by  decrees 
 the  authority  of  prelates,  the  limits  of  obe- 
 dience, jurifdi&ion>  and  the  like  things,  which 
 were  the  more  needful  then,  when  this  fpiri- 
 tual  dominion  was  firft  introdue'd.  Yet  no- 
 thing of  all  this  was  done,  becaufe  they  were 
 perfuaded  that  the  good  example  of  the  pre- 
 lates would  incline  their  flocks  to  a  voluntary 
 obedience.  Befides,  the  multiplicity  of  laws  may 
 be  compared  to  nets  ;  for  the  more  laws  there 
 are,  the  more  muft  be  the  tranfgreflions,  and 
 the  multiplication  of  laws  is  only  multiplying 
 the  occafions  of  difobedience.  This  was  a 
 truth  known  even  to  the  ancient  heathens. 
 The  Locrians  permitted  none  among  them  to 
 propofe  a  new  law  without  this  formality,  viz. 
 that  he  who  propos'd  it,  Ihould  appear  in  coun- 
 cil with  a  rope  about  his  neck  ,    and  if  his 
 
 mo- 
 
The  Rights  of  Sovereigns.     235 
 
 motion  was  received  ,  they  took  the  rope 
 off;  but  if  it  was  rejeded  ,  he  was  ftran- 
 gled  with  it  on  the  fpot,  as  a  favourer  of  inno- 
 vations. The  inhabitants  of  the  Baleam 
 Iflands  had  only  feven  laws,  under  which  they 
 lived  happily  above  five  hundred  years,  and 
 one  of  thofe  laws  was  againft  making  any  new 
 one.  The  Council  of  Trent  made  many  regu- 
 lations for  putting  the  old  laws  in  force,  but 
 did  not  abolifh  that  for  prohibiting  the  marri- 
 age of  priefts,  tho'  it  was  propos'd.  Now  I 
 fay,  this  ancient  prohibition  tends  to  the  faving 
 of  the  foul,  or  it  does  not.  If  it  does,  why 
 fliould  it  be  abolifh'd  ?  if  it  does  not,  why 
 was  it  ever  eftablifli'd  ?  I  know  the  anfwer 
 will  be,  that  the  confederation  of  human  frail- 
 ty was  the  motive  of  the  propofal's  being  de- 
 bated. But  then  I  infer,  that  this  is  a  plain 
 confeflion  that  the  faid  prohibition  did  more 
 harm  than  good.  And  as  in  this,  fo  in  other 
 the  like  cafes,  'tis  a  conftant  obfervation  that 
 the  great  number  of  laws  occafions  a  great 
 number  of  errors,  which  is  ading  contrary  to 
 that  chriftian  charity  which  the  clergy  ought, 
 by  their  example,  to  promote  in  the  hearts  of 
 the  laity  $  for  'tis  not  he  that  has  been  jealous 
 and  watchful  of  the  jurifdidion,  and  refped 
 due  to  him,  that  will  be  reckon'd  a  good  cler- 
 gyman at  the  day  of  judgment,  but  he  that 
 has  gained  fouls  to  heaven.  Pope  St. Gregory  has 
 left  us  a  terrible,  but  very  true  faying,  Merce- 
 naria eft  qui  locum  quidem  faftoris  tenet ,  fed  lu- 
 cra 
 
Z  j 6    The  Rights  of  Sovereigns. 
 
 era  animar  urn  non  qiurh  ,  terrenis  commodi* 
 inhiafo  honore  prelationis  gaudet,  temporalibm 
 lucris  pajciturs  impenfa  fibi  ab  -hominibus  reve- 
 rentia  Utatur,  i.  e.  Mercenary  is  that  wretch  of 
 a  paflcr,  who  docs  not  feek  the  gain  of  fouls, 
 but  gapes  ajter  the  conveniences  of  this  life,  feeds 
 on  worldly  lucre,  and  prides  him  f elf  in  the  honour 
 of  prelacy,  and  in  the  reverence  paid  him  by  hi* 
 fellow-creatures.  And  St.  John  Chryfofiom  , 
 fpeaking  of  paftors,  acids,  Quod  abjeffum  erat 
 non  reducebant,  ncque  quid  perierat  quarebant, 
 teque  confr  attimi  alligahant  ;  quoniam  fé,  non  gre- 
 gem  pafcebant,  i.  e.  They  did  not  bring  back  that 
 which  was  cafl  away,  nor  feek  that  which  was 
 loft  ;  nor  did  they  bind  that  which  was  broken,  be- 
 canfe  they  fed  not  the  flock,  but  them  fives.  And 
 St.  Paul  fpeaking  of  ail,  fays,  For  all  feck  their 
 own  ,  not  the  things  that  are  Jefus  '  Chrift's  > 
 and  to  fhew  the  abhorrence  one  ought  to  have 
 for  innovations,  he  fays  to  the  Galatians,  But 
 though  we,  or  an  angel  from  heaven,  preach  any 
 other  gofpel  unto  you  than  that  which  we  have 
 preach' d  unto  you,  let  him  be  accursed.  Which 
 fignifies  that  neither  himfelf,nor  even  an  angel, 
 had  authority  to  alter  the  written  word  of 
 God. 
 
 'Tis  reported  of  St.  Thomas  of  Canterbury, 
 who  was  perfecuted  by  Henry  II.  King  of  En7 
 gland,  that  one  day,  while  he  was  officiating 
 in  the  Church,  a  gang  of  afìuflìns  came  with  a 
 great  rout  towards  the  Church,  in  order  to 
 murder  him.     The  officers  of  the  Church  ran 
 
 immediately 
 
The  Rights  of  Sovereigns.     137 
 
 immediately  of  their  own  accord  to  keep 
 them  out  ,  and  fhut  the  gates  very  fa  ft  • 
 but  the  holy  prelate  order'd  them  to  be 
 open'd,  faying,  Eccfcfìa  Dei  non  eft  cuftcdien- 
 da  more  caftrorum  ;  and  he  ofTer'd  himfelf  to 
 the  affiaflins,  chufing  rather  to  fall  by  their 
 cruel  hand^,  than  to  defend  himfelf  according 
 to  the  cuftom  of  perfons  now-a-days.  O  hap- 
 py and  venerable  antiquity,  when  the  tongue, 
 the  hands,  words,  and  actions,  all  join'd  to- 
 gether in  one  accord  !  1  no  longer  wonder  that 
 St.  Paul  wrote  with  fo  much  boldnefs  to  the 
 Thilippam,  Thofe  things  which  ye  have  both 
 learned  and  received,  and  heard  and  feen  in  me, 
 do  ;  and  the  God  of  Peace  /hall  be  zvitb  you. 
 For  at  that  time  the  prelate's  innocency  was 
 their  natural  prote&ion,  fo  that  they  needed 
 no  laws  for  their  guard. 
 
 There's  not  a  frier  of  any  order,  but  hopes 
 to  obtain  falvation  by  a  regular  life  ;  and  in- 
 deed the  more  exact  they  are  in  this  particular, 
 the  more  afiurance  have  they  of  being  faved. 
 But  how  many  are,  'tis  to  be  fear'd,'  damn'd 
 within  a  monaftery,  who  might  probably  have 
 been  fav'd  without  one  ?  You  fee  by  this,  I 
 don't  fpare  my  own  cloth.  A  monk  engages 
 himfelf  voluntarily  to  an  infinite  number  of 
 duties,  which  if  he  performs,  he  merits,  and 
 is  fav'd  ;  but  if  not,  he  fins,  and  is  damn'd, 
 while  he  may  thank  himfelf  for  it,  by  volun- 
 tarily charging  himfelf  with  fuch  a  multitude 
 
 of 
 
1  j  8     The  Rights  of  Sovereigns. 
 
 of  obligations.  In  like  manner,  the  laity  may 
 fay  that  many  laymen  die  guilty  of  the  breach 
 of  pofitive  laws,  who  had  not  been  criminal 
 if  luch  laws  had  not  been  eftablifli'd  $  for  as 
 St.  Paul  fays,  without  the  law,  fin  was  dead  j 
 fo  that*  if  this  had  been  the  cafe,  they  had  not 
 died  difobedient.  St.  Ambrofe  fpeaks  Itili  more 
 clearly,  Sunt  in  nobis  qui  habent  timorem  Dei, 
 fed  non  [ecundum  fcientiam ,  ftatuentes  duriora 
 pracepta,  qua  non  pcffit  butnana  conditio  fufti- 
 ?iere  :  Timor  Domini  in  eis  eft,  quia  videntur  ftbi 
 confukre  difciplina  opus  virtutis  exigere,  ftd  in- 
 fcitia  in  eis  eft,  quia  non  ccmpatiuntur  natura,  nee 
 exiftimant  pofjibilitatem,  i.  e.  There  are  thofe 
 among  us  who  have  the  fear  of  God  in  their 
 hearts,  but  not  according  to  knowledge*,  impofing 
 harder  precepts  than  the  condition  of  man  can 
 bear  :  The  fear  of  the  Lord  indeed  is  in  them$ 
 becaufe  they  think  that  while  difcipline  is  their 
 fiudy,  they  are  only  requiring  a  virtuous  aft.,  but 
 then  they  are  grojly  ignorant^  becaufe  they  dont 
 conftder  the  frailty  of  human  nature,  nor  the  poffi- 
 bility  of  the  thing  injoind.  For  my  own  part, 
 I  mult  fay  with  David,  Set  a  watch,  0  Lord, 
 before  my  mouth,  and  keep  the  door  of  my  lips  $ 
 for  I  am  cautious  of  faying  too  much,  for  fear  of 
 giving  offence  ;  but  the  teftimony  which  is  due 
 to  the  truth,  obliges  me  not  to  be  altogether 
 filent.  Whoever  reads  the  ancient  and  mo- 
 dern canons,  will  find  that  next  to  herefy. 
 they  treat  nothing  with  more  abhorrence  than 
 fimony  ;  and  there's  a  great  deal  of  reafon  for 
 
The  Rights  of  Sovereigns.     139 
 
 it,  becaufe,  as  Adams  difobedience  is  fet  down 
 as  the  firft  fin  under  the  old  law,  fo  the  wick- 
 ednefs  of  Simon  the  forcerer,  who  would  have 
 purchas'd  the  gifts  of  the  holy  fpirit  with  mo- 
 ney, is  reckon'd  one  of  the  firft  rate  crimes  un- 
 der the  new  teftament  difpenfation  5  and  from 
 his  name  this  crime  was  call'd  fimony. 
 
 Now  is  there  any  poffibility  of  concealing 
 from  the  whole  world  that  horrid  crime  of  fi- 
 mony, fo  much  forbid  by  the  facred  canons,  and 
 by  all  the  Councils,  efpecially  that  of  Trent, 
 when  every  body  knows  the  valuation  of  every 
 benefice,  prelacy  and  biflioprick  ?  the  good  fa- 
 thers of  that  Council  forefaw  that  the  wit  of 
 men  would  not  be  at  a  lofs  to  invent  fome  fpe- 
 cious  titles  or  other  to  juftify  the  railing  of 
 fums  for  the  compofing  and  figning  of  bulls  ; 
 and  therefore,  to  prevent  all  manner  of  juggle, 
 they  decreed  that  no  more  than  the  eighth  part 
 of  a  gold  denier  fliould  be  given  or  receiv'd  for 
 a  bull  or  feal,and  for  the  foliciting  and  difpatch 
 of  briefs.  After  this,  how  can  we  reconcile 
 the  law  with  its  execution,  or  the  command 
 with  the  obedience  it  requires  ?  I  am  not  wil- 
 ling to  make  ufe  of  that  trite  proverb,  which 
 is  in  every  one's  mouth,  That  there  it  no  greater 
 evil  than  evil  itfelf,  nor  will  Iky  that  fimony  is 
 criminal  every  where  but  in  the  court  of 
 Rome  1  for  fuch  an  imprudent  aflèrtion  as  this 
 would  difcover  the  grofleft  ignorance  of  the 
 mind  of  God,  who  makes  no  diftindtion  be- 
 twixt perfons,  and  in  vvhofe  balance  the  ple- 
 beian 
 
240     The  Rights  of  Sovereigns. 
 
 beian  weighs  as  much  as  the  nobleman,  the 
 fubjetì:  as  the  Sovereign,  the  layman  as  the  pre- 
 late, and  the  prelate  as  the  fovereign  pontiff; 
 and  if  there  beany  difference  at  ali,  'tis  this, 
 that  God  will  weigh  him  moft  ftritìly  in  thè 
 balance,  who  has  the  more  obligations  to  dis- 
 charge, the  higher  he  is  advanced  in  dignity. 
 Perhaps  fome  will  fay,  that  thefe  reflexions 
 are  foreign  to  the  matter  in  hand,  and  that  I 
 only  fliewr  my  fpite  agaia.ft  the  court  of  Ro?ne> 
 by  faying  every  ill-natur'd  thing  that  I  can  in- 
 vent to  their  prejudice  ;  but  I  take  God  to  wit- 
 nefs  I  atì  upon  a  quite  different  principle  ;  and 
 it  will  appear  by  and  by,  that  thefe  refle&ions 
 were  not  malicious,  but  abfolutely  neceffary. 
 The  court  of  home  are  daily  reproaching  Sove- 
 reigns ,  and  the  mod  ferene  republic  more 
 than  any  one  befides,  with  non-obfervanoe  of 
 the  canons,  which  they  argue  is  not  only  a  fin, 
 but  a  moft  hateful  obftinacy,  deferving  both 
 cenfure  and  excommunication.  But  I  cannot 
 help  faying,  that  I  wonder  how  they  dare  to 
 plead  the  indifpenfable  obligation  of  fubmit- 
 ting  to  thofe  canons,  while  they  themfelves 
 either  break  them,  or  elle  with  manifeft  con- 
 tempt evade  them.  Evil  is  always  the  fame, 
 and  the  Pope  has  not  a  better  road  to  falvation, 
 with  refpeót  to  his  own  a&ions,  than  every 
 other  chriftian.  Thy  right  ml  fnefs  endureth  jp 
 £T£T,  and  thy  law  vs  truths  fays  the  Pfahrafl. 
 If  therefore  fimony,  nay,  I  may  lay  any  fpe- 
 cies  of  it,   or  any  of  its  confequences,   is  a 
 
 crime 
 
The  Rights  of  Sovereigns.     141 
 
 crime  in  a  poor  prelate,  why  fhould  it  not  be 
 the  lame  crime  in  the  chief  of  all  prelates  ?  To 
 maintain  the  contrary  ,  is  to  do  like  fome 
 phyiicians,  who,  upon  the  mod  trifling  ail- 
 ment, prefcribe  fuch  potions  as  they  never  care 
 to  take  themlelves.  Sch.uon  fays,  Horribly 
 and  fpeedih  jhall  he  come  upon  you,  for  a  jimp 
 'judgment  fiali  be  to  them  that  be  in  high  places.  I 
 have  not  made  thefe  refle&ions  on  fimony, 
 with  a  view  to  acque  the  court  of  Rome,  but 
 only  to  diminifli  the  authority  of  the  canons 
 in  point  of  po/itive  laws,  to  which  canons  obe- 
 dience is  challenged  from  thofe  who  had  no 
 hand  in  making  them,  while  'tis  pretended 
 thofe  who  had  are  exempted  from  that  obe- 
 dience. Be  de  obferves  that  Chrifl  drove  thofe 
 that  fold  doves  out  of  the  temple,  to  give  us 
 to  underfhnd  that  fuch  as  are  partakers  of  the 
 holy  fpirit,  of  which  a  dove  is  the  emblem, 
 ought  not  to  be  either  buyers  or  fellers,  accord- 
 ing to  that  claufe,  quam  multi  de  altari  accipi- 
 Wit  (j-  moriuntur,  &  accipiendo  moriuntur.  Which 
 made  St.  Jerom  fay,  Vae  V)b'n  miferis  ad  quos 
 pharifeorum  vitict/  tranfierunt,  i.  e.  Wo  to  you 
 wretches,  who  have  fallen  into  the  vices  of  the 
 pharifees  ! 
 
 Since  therefore,  according  to  the  Romifi 
 courtiers,  the  canons  may  be  fo  explain'd  as  to 
 take  off  the  obligation  of  obferving,  or  obey- 
 ing them,  a  prince  ought  not  to  be  excommu- 
 nicated for  difobeying  the  canons,  when  he 
 finds  them  prejudicial  to  his  ftate.     The  ca- 
 
 [Part  II.]  R  nons 
 
Xkl     The  Rights  of  Sovereigns. 
 
 nons  are  the  handy- work  of  the  clergy,  who 
 form  them  as  much  as  poflible  to  their  own  ad- 
 vantage. Now  for  legiflators  to  make  a  law 
 for  their  own  conveniency,  and  to  expetì  obe- 
 dience to  it  ,  not  from  their  own  fubje&s, 
 but  from  free  princes,  would  be  the  height  of 
 infolence  on  one  fide,  and  blind  obedience,  or 
 rather  ftark  blindnefs  on  the  other.  I  know  it 
 will  be  objected,  that  when  a  Council  is  held, 
 all  the  princes  who  receive  fuch  Council,  do 
 thereby  approve  all  its  decrees.  I  grant,  they 
 do  indeed  approve  them,  but  'tis  with  a  pro- 
 vilo that  they  do  not  turn  to  their  prejudice, 
 for  'tis  not  to  be  fuppos'd  that  any  one  would 
 willingly  injure  himfelf  for  another's  benefit  ; 
 but  on  the  other  hand,  if  a  prince  refufe  to  re- 
 ceive fuch  Council,  he  is  prefently  accus'd  of 
 pbftinacy,  difobedience,  and  contempt  of  the 
 canon  law. 
 
 But  here  I  would  be  glad  to  know  one 
 thing.  Why  are  more  indulto's  and  privile- 
 ges granted  to  one  prince  than  to  another,  by 
 which  means  the  one's  difobedience  is  branded 
 as  finful,  and  the  other's  not  ?  Does  not  this 
 making  fidi  of  one,  and  flefh  of  another,  fig- 
 nify,  that. fin,  which  draws  e  verlafting  damna- 
 tion along  with  it,  depends  meerly  on  the  good 
 will  and  ptealure  of  the  court  of  Rotne  ?  But 
 will  any  one  make  us  believe  that  God  falls  in 
 with  the  paffions  of  fome,  to  fave  or- damn 
 others,  fince  we  are  all  alike  redeem'd  with 
 the  infinite  price  of  Chrift's  precious  Blood. 
 
 The 
 
The  Rights  of  Sovereigns.     24^ 
 
 The  Greek  Church  never  grants  Difpenfa- 
 tions.  If  any  one  defires  his  prelate  to  dif- 
 charge  him  of  a  burden  which  he  has  not 
 ftrength  enough  to  bear,  the  prelate  fays  to 
 him  :  u  If  your  weaknefs  is  real  and  fincere, 
 cc  the  righteous  God  will  pardon  you3  tho'  you 
 cc  do  not  fullfil  the  law  \  to  what  purpofe 
 <c  then  fliould  I  grant  you  a  difpenfation,  fince^ 
 in  that  cafe,  iome  would  be  bound  by  the 
 law,  and  others  left  free  ?  But  if  you  are 
 under  fuch  a  predicament  as  the  legiflator 
 would  undoubtedly  have  excepted,  if  he 
 had  forefeen  it  ;  you  may  aft  with  a  fafe 
 confcience,  for. God  does  not  require  impof- 
 cc  Ability  of  you  :  On  the  contrary,  if  your 
 cafe  be  fuch,  that  if  it  had  been  forefeen,  it 
 would  not  have  been  excepted,  and  you  de- 
 fire  the  favour,  or  privilege  of  fuch  excep- 
 tion, this  would  be  to  defire  God  to  be  par- 
 tial, who  is  one  and  the  fame  to  all  man- 
 <c  kind."  Such  then  is  the  behaviour  of  the 
 Greek  paftors,  and  whether  it  be  owing  to  this, 
 or  to  their  poverty,  or  to  their  abhorrence  of 
 whatever  favours  of  temporal  dominion  ,  'tis 
 certain  they  have  no  innovators  among  them, 
 and  they  continue  unanimous  and  unchange- 
 able in  their  opinions 
 
 Before  the  Popes  of  Rome  had  any  tempo- 
 ral dominion,  they  expected  no  more  of  chri- 
 ftians  than  a  plain  honeft  faith,  with  the  ufe 
 and  veneration  of  the  facraments  ;  but  when, 
 by  the  generous  liberality  of  fovereigns,  they 
 
 R  2  became 
 
Z44     The  Rights  of  Sovereigns. 
 
 became  princes  as  well  as  they,  inftead  of 
 bounding  their  power,  they  augmented  it  as 
 much  as  poflible,  and  not  content  with  defpo- 
 tic  fway,  either  in  their  temporal  or  fpiritual 
 goverpment,  they  were  fond  of  extending 
 their  fecular  authority  into  the  dominions  of 
 other  fovereigns,  and  fet  up  to  be  oracles  of 
 faith  for  the  whole  chriftian  world. 
 
 When  a  prince,  for  any  reafon  of  ftate,  or 
 government,  declares  war  againft  any  other 
 that  is  his  equal,  he  would  be  accountable  for 
 his  conduce  only  to  his  own  confcience,  and  to 
 God,  who  fearcheth  the  hearty  and  trieth  the 
 reins^  and  will  render  to  every  man  according  to 
 his  works,  and  is  not  to  be  reprov'd  for  it  by 
 the  Pope,  who,  as  he  is  the  common  father  of 
 the  Church,  feems  to  have  no  other  authority 
 in  that  quality,  than  to  defend  the  juft,  protcét 
 the  weak,  and  oppofe  the  rafh  and  litigious 
 aggrefTor.  Yet  the  Pope  is  not  bound  by 
 thefe  ties,  and  we  don't  find  that  he  ever  ex- 
 communicates a  prince  for  attacking  another 
 unjufily  ;  whereas,  if  a  prince  happens  to  lay 
 claim  to  any  of  the  territories  of  the  fovereign 
 pontiff,  which  are  not  yet  lawfully  devolved  to 
 his  holinefs,  or  which  he  poflèffes  by  ancient 
 ufurpation  ;  and  if  the  prince  feeks  to  do  him- 
 felf  juftice  by  force,  the  Pope  immediately  pro- 
 ceeds to  excommunication,  tho'all  the  prince's 
 fault  is  his  endeavouring  to  procure  that  juftice 
 by  force  of  arms,  which  he  could  not  obtain  by 
 good  words.     But  if,  on  the  other  hand,   a 
 
 prince 
 
The  Rights  of  Sovereigns.     2. 4  5 
 
 prince  happens  to  attack  another  whofe  domi- 
 nions are  either  totally,  or  but  in  part  fiefs  of 
 the  holy  See,  the  Pope  immediately  takes  the 
 field  with  letters  monitory,  and  the  thunder 
 of  excommunication,  efpecially  if  theaggreffor 
 is  weak,  or  has  his  hands  fo  full  of  another 
 war  at  the  fame  time,  that  he  is  not  able  to 
 revenge  the  injury,  and  to  cancel  the  fentence 
 with  the  point  of  his  fword  :  iri  which  unhap- 
 py cafe  indeed  he  muft  be  content  with  the 
 bare  declaration  of  war.  Now  I  defire  to 
 know  the  caufe  of  this  different  condud,  and  of 
 this  confounding  the  fpiritual  and  temporal  wea- 
 pons together.  Why  fliould  excommunication 
 beiflu'd'to  hinder  injufrice,  when  dominions 
 are  invaded,  which  do  not  own  the  Pope's  fo- 
 vereignty  in  t^mporaUbus  ?  tvhép  a  medicine  is 
 known  to  be  good  and  who!efome'  it  ousht  in 
 charity  to  be  drftribured  to  all  that  fuifer  for' 
 want  of  ic  i  fince  tò  give  it  to  one,  and  to  de- 
 ny it  to  another,  would  imply  that  thole  who 
 have  it  to  beftow,  are  mighty  decerns  to  pro-* 
 long  the  life  of  the  one,  and  that  the 
 vation  of  the  other  is  the  leaf!  of  their  "thoughts. 
 It  muft  therefore  be  confef/d,  that  this  variety, 
 of  conducft  is  the  fruit  of  the  Pope's  temporal 
 fovereignty,  and  that  if  he  was  ftiil  in  that  pri- 
 mitive fiate,  which  was  inftituted  by  Chyifl^ 
 and  kept  up  to  by  the  apoftlgs  and  their  fuccef- 
 fors,  for  feveral  centuries,  he  would  not  trou- 
 ble himfelf  to  guard  his  temporal  dominions 
 with  fpiritual  weapons,    as  not  thinking  he 
 
 R  3  ought 
 
2  \6    The  Rights  of  Sovereigns. 
 
 V  rn  defend  them  after  the  manner  of 
 
 ild  know  whether  the  advocates  of 
 •  of  Rome  affent  to  the  truth  of  that 
 winch  io  in  the  mouth  of  all  politi- 
 .  That  when  a  prince  attacks  ano- 
 dèciaratiori  qf  open  war,  the  prince 
 id  <;  m  .y5  by  right  of  neceiTary  de- 
 p  ily  oppofe  his  attempts,  and  hin- 
 
 fword  in  hand,  from  breaking  in  up- 
 •     )n<  j  butalfo,  if  it  happens  that 
 be  fhould  make  himfelf  mafter 
 his  enemy's  territories,  he  has  a 
 ?  the.  faid  acquisition  as  the  lawful 
 j'ufi  war.     This  is  the  maxim  of  all 
 icuwio  ;    and    if  the   gentlemen  of    the 
 r    of  Rome  will  affent  to  it,    I  ask,    if 
 any  feudatory  duke  of  the  holy  See  fliould  fali 
 upon  a  free  prince,  and  thereby  give  him  oc- 
 casion to  fight  and  overcome  him,  and  to  feize 
 fome  fiefs  of  the  Cnurch,  whether  the  conque- 
 ring prince  would  be  oblig'd,  or  no,  to  reftore 
 them  ?  Mean  time,  I  am  fully  convince,  that 
 if  the  reftitution  be  not  fpeedy,  the  thunder  of 
 excommunication  would  foon  rattle  over  the 
 head  of  fuch  prince,  how  contrary  foever  fuch  a 
 proceeding  would  be  to  the  maxims  of  chrifti- 
 anity.     This  was  the  very  cafe  of  the  moft  fe- 
 rene  republic  ;    which  falling  into  a  rupture 
 with  the  duke  of  Ferrara  in  1480,  in  the  time 
 of  Pope  Status  IV.  the  Pope  himfelf  improv'd 
 the  quarrel  >  they  fell  to  blows.,  and  the  Vene- 
 
"The  Rights  of  Sovereigns.     247 
 
 tidns  went  and  took  Ferrara*,  which  the  repub- 
 lic would  have  kept  as  the  lawful  prize  ot  a 
 juftwar;  but  immediately  the  lope  had  re- 
 couriè  to  an  interdict,  and  the  republic  thought 
 it  moft  advifeable  to  rettore  their  conq  <e(L 
 
 I  fay  therefore,  that  thefe  canons,  and  thefe 
 pofitive  laws,  are  a  fort  of  militia  which  the 
 Pope  keep^  up  for  his  own  ends,  without  any 
 charge  to  himfelf,  and  which  he  makes  ufe  of 
 when  it  is  for  his  intereft,  but  disbands  when 
 they  are  not  for  his  purpofe.  St.  Anthony,  Arch- 
 biftiop  of  Florence ',  in  his  account  of  the  lofTes 
 fuftain'd  by  the  major  excommunication,  fays, 
 that  a  perfon  excommunicated  cannot  be  pro- 
 moted to  any  ecclefiaftical  dignity,  or  office, 
 on  pain  of  having  it  declar'd  null  and  void, 
 and  that  neither  can  he  be  marry'd  without  fin. 
 This  is  a  rule  laid  down  by  him  as  the  conftant 
 effetì  of  excommunication.  All  herefies 
 whatfoever,  and  their  favourers,  are  plac'd  -at 
 the  head  of  the  perfons  excommunicated  by  the 
 bull  in  cerna  domini.  On  the  other  hand,  St.  An- 
 thony refers  to  an  extravagante  (which  is  a 
 Pope's  decree  tack'd  to  canon  law)  whereby  a 
 perfon  is  excommunicated  for  pretending  to  be 
 lawfully  elefted  a  Pope,  when  he  has  not  two 
 thirds  of  the  voices  of  the  cardinals  at  the  con- 
 clave ;  and  he  adds,  that  this  is  the  only  fault 
 that  can  be  charg'd  upon  a  Pope  ele&  ;  for  if 
 he  had  the  majority  of  fuffrages,  the  election 
 would  be  valid,  tho'  he  were  a  heretic,  pro- 
 vided he  be  difpos'd  to  reform  ;  and  indeed  it 
 
 R  4  was 
 
248     The  Rights  of  Sovereigns. 
 
 was  by  virtue  of  this  liberty,  that  j&neas  5/7- 
 3)/f&  tho'  an  heretic,  was  elefted  Pope  by  the 
 name  of  Fins  II.  but  as  foon  as  he  was  got  in- 
 to St.  Peters  chair,  he  recanted,  and  retried 
 every  tittle  of  theheretical proportions  which 
 he  bad  written,  and  which  are  flill  to  be  ken 
 in  the  catalogue. of  prohibited  books.  Now 
 fay  I,  ii  every  heretic  -is  excommunicated  by 
 the  .bull  in  terna  ci"  and   if  evtiy  excom- 
 
 inunica ted  perfon-is  difabled  from  being  invert- 
 ed with  any  eccleiiaftical  dignity^  how,  accord- 
 ing to  the  ftnet  ienfe  of  the  canons,  can  a  per- 
 fon  be  deen/d  as  a  Pope  lawfully  choien,  who 
 is  difqualily'd  from  being  promoted  to  the  dig- 
 nity of  a  prelate,  or  even  trufled  with  the 
 cure  of  a  village  ?  Be  the  anfwer  what  they 
 pleafe  to  nuke,  for  my  own  part,  I  cannot  com- 
 pare excommunications,  that  are  fulminated 
 on  account  of  pofitiye  law,  to  any  thing  better 
 toan  Gunpowder, -which  makes  a  noife  indeed, 
 but  does  no  execution. 
 
 Having  now  diicours'd  on  thefe  general  to- 
 pics, we  proceed  to  a  particular  examination  of 
 the  complaints  of  the  court  of  Rome  againft 
 the  moft  ferene  republic. 
 
 After  the  court  of  Rome  had  drawn  up  a 
 long  lift  of  grievances,  they  redue'd  all  thofe 
 contumacies  (as  they  were  pleas'd  to  call 
 them)  to  this  fingle  one,  <viz.  The  keeping 
 the  ecclefiaftical  authority  in  flavery  in  all  the 
 chief  points  of  its  jurifdi&ion,  and  cramping 
 it  in  its  rights  and  prerogatives.     If  the  whole 
 
 controverfy 
 
The  Rights  of  Sovereigns.     249 
 
 contioverfy  turned  upon  this  Angle  point,  and 
 were  to  be- determined  in  a  few  words,  one 
 need  only  give  the  fubfhnceof  what  was  de- 
 liver'd  in  the  former  part  of  this  work,  by  al- 
 ledging  in  fnort,  that  all  the  fuperiority  which: 
 can  be  lawfully  challenge  by  the  Pope  in  thofe 
 territories,  which  are  not  in  his  domain,  a- 
 niounts  only  to  his  being  the  oracle  of 
 faith,  in  the  ufe  of  the  ficraments^  in  the  pu- 
 rity of  doctrine,  in  the  propagation  of  chri- 
 ftianity,  and  the  like.  In  all  thefe  things,  he 
 has  a  right  to  command  all  that  have  receiv'd 
 the  leal  of  baptifm,  and  every  ehriftian  is  ob- 
 liged to  obey  him,  and  to  fubmit  his  own  ien^ 
 timents  to  thofe  of  the  Pope,;  and  if  any  re- 
 fufe  fuch  fubjefiion,  they  deferve  to  be  rebuk'd^ 
 and  fpiritually  chafliz'd,  even  with  the  thunder 
 of  excommunication.  But  if  the  grievances 
 run  in  another  channel,  and  do  not  concern  the 
 Church,  but  the  clergy,  'tis  no  wonder  that  a 
 free  prince,  who  owns  no  fuperior  but  God, 
 fhould  have  the  courage  to  prevent  a  ftate  from 
 being  let  up  within  his  own  dominions,  and 
 to  hinder  his  fubjecis  from  being  cited,  by  fa- 
 vour of  a  metaphyseal  diftinciion,  to  a  foreign 
 tribunal,  which,  if  it  fliould  once  come  to  be 
 efìabliiìfd,  might  pietend  at  length  that  the 
 prince  himfelf  was  fubjecl  to  it.  'Tis  certain, 
 that  if  a  prince  fnould  pretend  to  be  offended, 
 becaufe  he  is  not  obeyed  by  thofe  who  are  not 
 his  lubje&s,  neither  by  birth,  hire,  nor  refi- 
 dence,    his  conduci  would  be  thought  very 
 
 harfh 
 
250     The  Rights  of  Sovereigns* 
 
 harfti  and  difagreeable.  But  the  court  of  Rome 
 would  have  it  given  up  as  an  indifputable 
 point,  that  the  Pope  has  of  himfeif  a  lawful 
 authority  to  command  every  body  in  what 
 place,  or  on  what  account  foever,  efpecially 
 where*  the  Church,  or  even  any  ecclefiafticai 
 perfon,  is  in  the  leaft  concern'd.  And  when 
 this  principle  is  eftablifti'd,  they  would  have 
 other  queftions  difcufs'd  in  their  turn  :  As  for 
 inftance.  Whether  'tis  lawful,  or  not,  to  hin- 
 der the  eftates  of  the  laity  from  pafling  under 
 the  dominion  of  the  clergy,  and  fo  proceed 
 with  fuch  grievances  to  the  end  of  the  chap- 
 ter. If  this  were  the  cafe,  their  difpute  would 
 foon  be  at  an  end,  for  admitting  this  article  of 
 law,  all  the  reft  would  be  only  matters  of  fad, 
 eafy  to  be  prov'd  \  and  he  mud  be  a  fool  and 
 a  madman  that  fliouJd  firft  own  a  power  in  the 
 Pope  to  command  all  the  ftates  of  chriftendom, 
 and  then  fay  it  is  no  crime  not  to  obferve  his 
 canons,  and  receive  his  interpretations.  But 
 the  difpute  muft  be  manag'd  after  another 
 manner,-  and  in  the  firft  place,  let  the  gentle- 
 men of  the  court  of  Rome  confider  who  made 
 the  Pope,  and  undoubtedly  they  will  own  it 
 was  Jefus  Chrift;  then  let  us  inquire  what  au- 
 thority he  gave  him,  and  we  fhall  find  by  the 
 language  and  practice  of  the  apoftles,  and  the 
 pontiffs  of  the  primitive  Church,after  what  man- 
 ner they  interpreted  that  authority,  and  what 
 bounds  they  gave  to  it.  If  in  the  gofpel,  or  the 
 conduci  of  St.  Peter,  and  his  many  pious  fuccef- 
 
 fors. 
 
The  Rights  of  Sovereigns.     251 
 
 fors,  there  is  the  leaft  footftep  of  an  authority 
 exercis'd  after  the  manner  of  lay-princes,  if 
 there  be  any  promife  of  temporal  domain,  fuch 
 as  the  Pope  now  poffefTes,  or  any  kind  of  fupeiv 
 intendency  over  the  dominions  of  another,  then 
 they  would  have  reafon  for  managing  the  dif- 
 pute  as  they  do,  and  I  will  own  with  that  in- 
 genuity I  always  profefs'd,  that  the  Pope  has 
 more  property  due  to  him,  under  the  denomi- 
 nation of  lay-fovereignty,  than  he  has  ever 
 ufurp'd  of  what  belonged  to  others.  But  'tis 
 certain,  as  I  have  fhewn  in  the  former  part, 
 that  there's  no  text  nor  cuftom  that  gives  the 
 leaft  authority  for  fuch  pretention  ;  and  there- 
 fore, if  they  will  neverthelefs  urge  the  belief  of 
 it,  they  muft  look  out  for  fuch  perfons  as  will 
 take  all  they  fay  for  gofpel.  On  the  other  hand, 
 it  has  been  evidently  demonftrated  that  a  lay 
 prince  derives  his  free  and  abfolute  authority 
 from  God,  and  this  is  a  truth  fo  notorious  that 
 Chrift  himfelf  acknowledges  it  in  the  perfon  of 
 Pilate,  reprefenting  de  far.  Thou  couldefi  have 
 no  power  at  all  againft  ine,  except  it  were  given 
 thee  from  above  ;  and  St.  Peter  afterwards  re- 
 commends it  in  thefe  terms.  Servants  be  fubjetf 
 to  your  mafters  with  all  fear,  not  only  to  the  good 
 and  gentle,  but  alfo  to  the  froward  ;  forfois 
 the  will  of  God.  St.  Paul,  in  bis  Epiftle  to  the 
 Romans,  fays,  'Let  every  foul  be  jubjefi  unto  the 
 higher  powers  ;  for  there  is  no  power  but  of  God: 
 The  powers  that  be,  are  ordained  of  God.  Who- 
 mever therefore  refifleth  the  power,   refifteth  the 
 
 ordinance 
 
1$Z     The  Rights  of  Sovereigns. 
 
 ordnance  of  God  -,  and  they  that  rcfifl  JJoatt 
 receive  to  themfehes  damnation.  Fir  rulers  are 
 not  a  terror  to  good  worfo,  but  to  the  éhìl:  Wilt\ 
 thou  then  not  te  afraid  of  the  power  ?  Do  that 
 zvhich  is  goody  and  thou  fiali  h-ive  praife  of  the 
 fame.^  For  he  is  the  mlnifler  of  God  to  thee  for 
 good  :  But  if  thou  do  that  which  is  ovil>  be 
 afraid;  for  he  beared)  not  the  jword  in  vain  :,; 
 For  he  is  the  mimjier  of  God,  a  revenger  to  exe- 
 cute wrath  upon  him  that  doth  czil.  Wherefore 
 ye  muft  needs  be  ficbject  $  not  only,  for  wrath, 
 but  aljo  for  .ccnfcknce  jake.  For,  for  this  caufe 
 pay  you  tribute  alfo  ;  for  they  are  God's  m'mifiers , 
 attending  continually  upon  this  -eery  thing.  Ren- 
 der therefore  to.  all  their  dues ,.  tribute  to  whom 
 tribute  is  due,  cujiom  to  whevt  crf!om:  fear  to 
 whom  feary  honour  to  whom  honour. 
 
 Since  therefore  t:  s  geStl^gjyjg  of  the  court 
 of  Rotne  have  heard  ho  v  fully  and  diftintìly 
 St.  Paul  has  explain'd  himfeif  in  favour  of  lay- 
 fovereignty,  without  exempting  any  one  what- 
 foever  from  obedience  or  tiibute  g  let  them  fee 
 to  it,  how  they  can  pretend  to  exempt  a  great 
 number  of  a  prince's  fubjetìs  from  obeying  his 
 commands,  and  paying  him  the  tentiis.  The 
 free  authority  of  a  prince  in  his  own  dominions 
 is  a  general  rule,  which,  whoever  oppofes, 
 ought  to  prove  his  fpecial  privilege.  'Tis  an 
 unfair  way  of  arguing  to  fay  that  a  lay-prince, 
 who  claims  jurifdi&ion  over  the  eftates  and 
 perfonsof  the  clergy,  ought  to  produce  an  in- 
 dulto for  it  from  the  Pope  ;  for  the  argument 
 
 might 
 
The  Rights  of  Sovereigns.     253 
 
 might  juftly  be  retorted  upon  thofe  who  ufe  it, 
 by  faying,  that  fince  a  prince  is  the  protector  oi 
 fiis  own  country,  the  Pope,  who  pretends  to 
 exerciie  his  autliority  in  another's  country,  is 
 obiig'd  to  produce  a  plain  text  to  prove  that  Je- 
 fifs  granted  it  to  him  by  his  almighty  power,  or 
 at  lead  that  he  muft  fliew  an  authentic  tefli- 
 mony  from  the  apoftles  and  ancient  fathers, 
 otherwife  the  authority  challenged  by  the  Pope 
 in  the  dominions  of  another  may  be  more 
 juftiy  reckon'd  ufurpation,  than  the  laws  efta- 
 blifh'd  by  princes  over  the  eftates  and  perfons 
 of  the  clergy. 
 
 That  therefore  is  all  the  anfwer  we  have  to 
 make  to  the  general  charge  of  keeping  the  ec- 
 clefiaftic  power  in  bondage  ;  which,  fo  long  as 
 it  does  not  affetì  the  interefts  or  circumftan- 
 tials  of  the  faith,  is  not,  as  we  have  already 
 feen,  either  flavery,  or  injuftice,  but  only  the 
 total  hindrance  of  an  ufurpation  of  power,  and 
 not  the  oppofing  an  authority  which  is  lawful. 
 This  anfwer  is  fufficient  to  put  all  the  complai- 
 nants of  the  court  of  Rome  to  filencé,  for  till 
 they  can  {hew  a  plain  text  for  that  jurifdi&ion 
 which  they  pretend  to  in  another's  houfe,  they 
 can  have  no  room  to  complain  of  incroachment, 
 or  violation  of  their  liberty,  efpecially  in  the 
 dominions  of  a  free  prince,  forafmuch  as  no 
 body  has  a  right  to  complain  that  his  neigh- 
 bours domeftics  do  not  ferve  and  obey  him.  But 
 however,  we  will  give  a  brief  anfwer,  over  and 
 
 above 
 
2  54     77^  Rights  of  Sovereigns. 
 
 above  what  has  been  already  faid,  to  each  paf^ 
 ticular  article. 
 
 I.  The  firft  in  order  is  this5  That  the  acquifi* 
 tion  of  lands  is  debarred  from  regular  monks  and 
 -places  of  piety.  This  they  don't  fail  to  make  a 
 mighty  noife  about,  and  cry  out  as  if  the  go- 
 vernment of  Venice  treats  the  regular  monks  as 
 bad  as  the  Jews,  whom  they  lay  under  the 
 fame  reftri&ion  ;  but  they  don't  confider  that 
 this  prohibition  is  laid  upon  the  monks  by  the 
 lay- tribunal  only,  becauie  it  feem'd  neceffary 
 and  proper,  whereas  they  fubjeót  the  Jews  to 
 it,  to  puniflx  them  for  their  obftinacy  in  p» 
 daifm  ;  and  in  a  word,  'tis  a  mark  of  their 
 captivity. 
 
 'Tis  plain  that  the  fecular  power  was  in  a 
 manner  compell'd  to  lay  the  monks  under  that 
 prohibition,  in  reprizal  for  the  pretenfions  of 
 the  court  of  Rome  :  If  the  faid  court  would 
 grant  that  lay-fovereigns  have  a  legal  right  in 
 themfelves,  not  only  to  levy  the  ordinary 
 tenths  upon  the  clergy,  but  alfo  in  a  cafe  of 
 neceflity  to  impofe  the  fame  taxes  and  fubfi- 
 dies  upon  theirs,  as  upon  the  eftates  of  the 
 laity,  the  government  of  Venice  would  never 
 have  thought  of  debarring  the  monks  from 
 purchafing  eftates.  A  prince  is  only  fuch  in 
 refpeft  of  his  fubjetìs  and  revenues.  Thefe 
 two  things  are  the  parts  which  conftitute  the 
 whole  of  a  fovereign,  but  one  without  the 
 other  only  conftitutes  a  titular  prince  without 
 territory  ;  which  is  the  cafe  or  many  whofe 
 
 dominions 
 
The  Rights  of  Sovereigns-     255 
 
 dominions  are  become  a  prey  to  TurkijJo  inva- 
 ders ;  and  would  to  God  that  the  fame  ufur- 
 pations  had  never  been  introduced  among  chri- 
 ftian  princes  !  In  fuch  a  fad  cafe,  a  prince  who 
 is  robbed  of  his  dominions  may  (till  retain  his 
 titles  ;  and  this  is  fo  far  in  his  own  power,  that 
 be  the  conqueror  ever  fo  potent,  he  cannot 
 firip  him  thereof,  unlefs  he  takes  away  his 
 life  too.  Be  this  as  it  will,  I  know  not  whe- 
 ther a  prince's  preferving  his  titles  after  the  lofs 
 of  his  dominions,  is  a  greater  mark  of  his  dig- 
 nity, or  of  his  misfortune,  and  whether  it  moft 
 promotes  the  compaffion  of  others,  or  hinders 
 their  contempt  ;  for  1  own  I  look  upon  fuch  a 
 prince  only  as  a  nominal  one.  And  as  to  a 
 prince  who  has  dominions  and  fubjedis,  but  no 
 revenue,  I  think  him  more  a  fubjetì  than  even 
 his  own  fubjeds  >•  for  befides  his  peribnal  ne- 
 ceflities,  he  is  expos'd  to  others  as  a  prince, 
 and  having  not  wherewith  to  ^nfwer  them,  he 
 would  feel  the  fame  anxiety  as  if  he  wanted 
 bread  ;  for  I  fancy  it  muft  be  very  mortifying 
 to  have  the  title  of  a  prince,  and  to  have  mi- 
 nifters  and  courtiers  always  at  his  ears,  dunning 
 him  for  aids  to  defray  the  neceffities  of  the 
 fiate,  and  not  to  have  the  means  to  anfwer 
 their  demands.  This  is  fuch  a  crown  as  I  be- 
 lieve the  old  philofopher  meant,  when  he  faid, 
 if  he  fhould  find  it  lying  on  the  ground,  he 
 fhould  not  think  it  worth  ftoonin^  for.  This 
 may  be  lufficient  to  fliew  that  in  order  to  con- 
 ftitute  real  fovereignty,  'tis  indifpenlably  ne- 
 
 ceff.ry 
 
1  $6     The  Rights  of  Sovereigns. 
 
 ceiTary  ttat  theie  two  conditions  fliould  be  uni- 
 ted together,  viz,  fubjetìs  and  revenues, other- 
 wile  a  prince  makes  but  a  ridiculous  figure. 
 
 The  fenate  of  Venice,  which  has  verify 'd  the 
 fabie  of  watchful  Argm  with  his  hundred 
 eyes,  forefaw  that  the  piety  of  the  people  on 
 the  one  hand,  and  the  exemplary  lives,  or  ra- 
 ther the  artifices  of  the  regular  monks  on  the 
 other,  might  go  fuch  a  vaft  length  in  the  ac- 
 quisition of  lands,  that  in  a  little  time  the 
 greateft  part  of  their  lands  might  be  devoted 
 to  pious  ufes  i  therefore  they  did  mighty  well 
 to  fix  a  non  plus  ultra  to  fuch  acquisitions.  But3 
 thanks  to  heaven,  the  doge  of  Venice  is  not  re- 
 due'd  to  the  horrid  inconveniency  of  having 
 fubjecis  that  are  not  fubjed,  and  territories 
 without  revenue,  and  without  profits.  If  the 
 Pope  would  by  an  authentic  bull  acknowledge 
 the  right  which  all  fecular  princes  and  dates 
 have  to  tax  the  eftates  of  the  clergy,  as  well  as 
 others,  for  Supplying  their  neceffities,  as  far  as 
 comports  with  the  publick  weal,  I  doubt  not 
 but  the  mod  ferene  ftate  of  Venice  would  be 
 ready  to  acknowledge  the  courtefy,  and  would 
 repeal  this  law,  which  is  fuch  an  eyefore  to 
 the  court  of  Rome,  of  their  own  accord,  and 
 without  any  other  incentive  than  their  natural 
 biafs  to  ads  of  piety,  efpecialiy  when  fuch 
 a&s  do  not  interfere  with  more  neceflary 
 reafons  of  fiate.  Nay,  I  will  moreover  ven- 
 ture to  affirm,  that  if  the  court  of  Ro?ne5  not 
 willing  to  part  with  an  old  cuftom,  refufe  to 
 
 confent 
 
The  Rights  of  Sovereigns*     2JJ 
 
 confent  to  fucii  an  acknowledgment,  and  there- 
 by to  own  the  charaderiftks  and  prerogatives 
 or'  all  temporal  fovereignties  ,*  yet,  ii  they 
 would  only  determine  the  cafe  by  granting  a 
 perpetual  and  irrevocable  indulto,  as  ufual,  the 
 moft  ferene  republic  would  gladly  take  iuch  a 
 grant  as  a  favour,  tho'  at  the  fame  time  tis 
 one  of  their  natural  prerogatives,  and  that  in 
 a  grateful  acknowledgment  thereof,  they 
 would  repeal  the  faid  law  which  gives  the 
 court  of  Koine  fo  much  uneafinefs.  But  fo 
 long  as  the  court  of  Home  continue  obftinate  in 
 their  refolution,  and  that  nothing  will  ferve 
 their  turn  but  that  a  petition  muft  be  prefent- 
 ed  to  them  for  an  indulto  to  raife  the  tenths 
 every  five  years,  can  it  bethought  ftrange  that 
 the  fenate  of  Venice  fliould  ufe  proper  precau- 
 tion, and  that  inftead  of  taking  the  more  vi- 
 gorous refolution  of  laying  extraordinary  taxes 
 upon  the  clergy,  of  their  own  authority,  as 
 fonie  kings  have  done  formerly,  they  fliould 
 take  proper  methods  before-hand  for  hindering 
 the  eftates  of  their  domain  from  palling  into  the 
 hands  of  thofe  who  pretend  to  be  privileged 
 and  free  from  taxes  ? 
 
 This  is  as  neceilary  a  guard  as  a  helmet  and 
 cuirafs  againft  the  point  of  a  fword,  and  1  be- 
 lieve no  wife  man  will  find  fault  with  it.  The 
 friers  in.  the  (fate  of  Venice  have  engrofs'd  fo 
 many  eftates  into  their  own  hands,  as  can  hard- 
 ly be  paralleld  in  any  other  dominions,  confi- 
 dering  the  little  time  they  have  done  it  in,  and 
 
 [Part  IL]  S  the 
 
1 58     The  Rights  of  Sovereigns. 
 
 the  extent  of  the  country.  For  he  that  is  not  wil- 
 fully blind,  cannot  but  fee  how  many  frieries, 
 and  the  like  pious  places,  are  daily  founded  and 
 eredted  in  Venice*,  fo  that  if  due  provifion  had 
 not  been  made  againft  it,  the  laity  would  have 
 had  very  little  left  it  their  own  difpofal,  in  the 
 compafs  of  an  age  at  raoft.  For  thefe  reafons3 
 the  fenate  wifely  decreed  that  for  the  future 
 lands  ihall  not  pafs  out  of  the  Hands  of  the 
 laity,  and  that  as  for  the  time  part,  hofpitals, 
 frieries,  fchools,  and  the  like  places,  fhall  not 
 be  regifter'd  as  church-lands,  forafmuch  as 
 their  founders  and  governors  never  were  cler- 
 gymen. And  I  fay  it  again,  that  a  religious 
 and  a  wife  prince  could  not  do  lefs  for  his  own 
 fafety,  and  that  of  his  fubje&s  and  dominions, 
 at  a  juncture  when  the  court  of  Rome  is  fo  fe- 
 vere. 
 
 I  filali  here  add  one  reflection,  for  the  fake 
 of  fuch  of  my  readers  as  may  not  happen  to 
 be  Venetians,  viz.  That  the  mighty  clamour 
 made  by  the  court  of  Rome  of  this  pretended 
 violation  of  liberty,  has  no  foundation  in  rea- 
 fon,  but  only  in  appearance.  For  all  thefe  pro- 
 hibitions do  not  in  any  wife  reftrain  the  cha- 
 rity of  believers  towards  the  friers,  fince  no 
 body  is  hinder'd  from  leaving  their  lands  to 
 any  fraternity  whatfoe ver,  by  way  of  inheri- 
 tance, legacy,  or  donation  ;  only  if  the  cafe 
 be  fo,  the  heir,  or  legatee,  is  oblig'd  to  fell 
 the  faid  land  at  the  expiration  of  two  •years, 
 and  to  put  the  purchafe-money  into  his  own 
 
 pocket. 
 
The  Rights  of  Sovereigns.     259 
 
 pocket  It  will  be  faid  perhaps,  that  at  this 
 rate  the  monks  will  be  matters  of  great  fums 
 of  ready  money,  which  they  may  Livifh  to 
 very  ill  purpofes  ,•  but  the  republic  has  provi- 
 ded againft  this,  by  ordering  that  all  congre- 
 gations of  friers  may  either  lend  out  their 
 money  at  ufe  to  private  men,  or  put  it  in  the 
 bank  ;  fo  that  one  way  or  another,  their  gain 
 Will  be  more  considerable,  and  more  certain, 
 than  if  they  kept  their  lands,  whofe  crop  is 
 liable  to  be  ruin'd  by  ftorms  of  hail,  or  a  fea- 
 fon  of  drought  ;  whereas,  what  they  would 
 get  by  annuities,  or  the  bank,  is  fix'd  and  cer- 
 tain. Upon  the  whole  then,  I  advane'd  no- 
 thing of  a  falfhood  when  I  faid,  that  all  this 
 great  outcry  of  the  court  of  Rome  has  not  the 
 leaft  foundation  in  reafon,  for  the  friers  hands 
 are  not  tied  from  receiving  gifts  or  legacies,  or 
 from  making  the  mod  they  can  of  their  mo- 
 ney. Therefore  the  prohibition  publiih'd  by 
 the  fenate  is  juft,  and  confident  with  chriftian 
 piety,  and  prudent  policy. 
 
 II.  They  fay,  Tijat  thoje  who  only  rented  the 
 clergy  s  eflates,  are  permitted  to  retain  them  by 
 preferirti  on,  as  much  as  if  they  were  their  cwft 
 lawful  property.  But  this  article  is  more  ea- 
 fily  anfwer'd  than  the  firft.  'Tis  a  rule  of 
 pra&ice  in  the  fecular  court  at  Venice,  that 
 the  term  of  thirty  years  preferibes  every  a&iofl 
 Which  has  been  in  iufpehce  ail  that  while,  with- 
 out any  fummons,  or  interrogation  of  the  par- 
 ties.    For  inftance,    if  a  creditor  lets  thirty 
 
 S  2  years 
 
Zòo     The  Rights  of  Sovereigns. 
 
 years  pafs  over  his  head,  without  demanding 
 the  repayment  of  his  money  from  him  to  whom 
 he  lent  it  out,  he  cannot  trouble  him  for  it 
 afterwards,  and  the  debtor  is  only  oblig'd  to 
 pay  the  intereft  of  the  annuity  ;  fo  that  the  an- 
 nuity, which  was  redeemable,  becomes  perpe- 
 tual, the  law  fuppofing  that  the  creditor  has, 
 by  thirty  years  continu'd  filence,  voluntarily 
 forgiven  the  debt.  In  like  manner,  if  he,  who 
 lets  out  a  houfe  or  land,  does  not  within  thir- 
 ty years  renew  his  rent,  or  leafe,  with  him  to 
 whom  he  lets  it,  'tis  prefum'd  that  he  has  yield- 
 ed up  all  his  right  of  pofreffion,  referving  to 
 himfelf  only  the  rent,  which  then  changes  its 
 name  into  property.  By  this  means,  he  to 
 whom  the  houfes,  or  lands,  were  let,  becomes 
 the  owner  of  them  ;  but  'tis  on  condition  of 
 doing  fome  homage,  or  fervice,  for  them, 
 which  becomes  fuch  an  appendage  to  thofe 
 eftates,  that  if  the  new  proprietor  fells  them 
 to  another,  it  mud  be  always  with  this  acknow- 
 ledgment. It  feems  as  if  the  firft  poffeflor  did 
 hereby  lofe  fomething  of  his  right,  which,  how- 
 ever true  it  may  be,  is  only  a  punilhment  of 
 his  negletì  to  renew  the  leafe  ,•  but  he  has  this 
 advantage,  *viz.  that  the  pofleflbr  of  thofe 
 eftates  is  always  oblig'd  to  pay  the  entire  ac- 
 knowledgment, even  tho'  the  houfes  Ihould  be 
 burnt,  and  the  lands  laid  under  water.  This 
 is  the  conftant  pratìice  at  Venice  betwixt  one 
 layman  and  another  in  the  difpofal  of  all  man- 
 ner of  eftates^  and  the  fenate  has  order'd  that 
 
 this 
 
The  Rights  of  Sovereigns.     161 
 
 this  kind  of  prefcription  fhall  alfo  take  place 
 with  refpeót  to  church-lands,  but  with  this 
 difference  in  their  favour,  that  the  prefcription 
 filali  not  be  till  the  expiration  of  forty  ye.1.:',  ; 
 fo  that  the  clergy  have  the  advantage  of  ten 
 years  more  than  the  laity.  Mean  time  the  court 
 of  Rome  makes  a  fad  outcry  -y  but  let  us  fee 
 with  what  juftice.  The  layman  who  rents  any 
 church-lands,  perceiving  that  the  leafe  is  not 
 renew'd,  nor  alter'd,  during  the  whole  term 
 of  thirty  years,  thinks,  that  without  further 
 trouble,  according  to -the  cuftom  receiv'd  a- 
 mong  the  laity,  he  is  become  the  legal  proprie- 
 tor of  fuch  lands,  and  therefore  takes  care  to 
 meliorate  the  lands,  or  to  rebuild  the  houfe, 
 being  perfuaded  in  his  mind  that  fuch  melio- 
 rations, or  improvements,  are  bis  own  proper- 
 ty, as  they  "are  the  effect  of  his  own  extraordi- 
 nary pains  and  expence.  Therefore  it  would 
 not  be  realonable  that  he  fhould  be  the  dupe 
 of  an  eftablifh'd  cuftom,  and  that  after  he  has 
 made  considerable  improvements,  a  new  ab- 
 bat,  or  a  new  prior,  fhould  turn  him  out  of 
 his  tenure,  and,  without  any  juft  plea,  reap 
 the  benefit  of  his  pains  and  expence,  and  that 
 the  poor  tenant  fhould,  by  another's  artifice, 
 be  difpoffefs'd  of  all  his  profit.  For  thefe  rea- 
 fons  the  government  order'd  this  prefcription, 
 and  gave  the  advantage  of  ten  years  to  lacred 
 places;  fo  that  if  any  one  had  improved  his 
 land,  or  houfe,  for  thirty-nine  years,  he  would 
 have  work'd  all  the  while  for  the  good  of  the 
 S  3  monafterv. 
 
l6l     The  Rights  of  Sovereigns. 
 
 monaftery,  a  thing  which  is  not  praóìis'd  with 
 fo  much  advantage  to  the  laity.     Therefore,  as 
 to  the  time  paft,  the  term  of  ten  years  is  fo 
 far  horn  an  injury,  that  'tis  an  advantage  to  fa- 
 cred  places  ;  and  as  to  the  time  to  come,  the 
 clergy  may,  if  they  will,  prevent  any  damage, 
 by  lenewing  the  leafe  within  the  term  of  thirty- 
 nine  years,fince  by  fo  doing  they  certainly  hinder 
 their  eftates  from  being,  liable  to  prefcription. 
 Therefore  why  does  the  court  of  Rome  make 
 fuch  a  fad  complaint?  A  fick  man  who  chops 
 and  changes  his  phyficians,  becaufe  they  don't 
 humour  him*,  becomes  at  la-ft  intolerable.  Thefe 
 gentlemen  would  not  only  fwallow  up  all  the 
 efiates  of  the  laity,  but  refufe  alio  to  make  the 
 leaft  allowance  for  all  the  pains  they  have  been 
 at  in  improving  them.    Let  them  but  coniider 
 their  own  uncharitable  temper,  and  they  can- 
 not find  fault  with  the  republic  for  applying  to 
 public  char:";;;,  to  relieve  the  laity. 
 
 HI.  That  the  lay-tribunal  pretend?  to  judge  ec- 
 clefiajlical  criminal^  and  the  civil  affairs  of  per- 
 sons ecclefiafticaL  As  to  this  complaint,  1  have 
 nothing  to  ^dd  to  what  I  faid  in  the  eleventh 
 chapter  of  the  former  part,  where  the  reader 
 will  find  it  fufficiently  anfwer'd,  tho' in  gene^ 
 jal  terms  :  And  there  being,  I  think,  nothing 
 particular  in  the  cuflom  obferv'd  at  Venice,  the 
 matter  feems  fully  determin'd,  and  it  would 
 be  both  fuperfluous  and  difagreeable  to  repeat 
 what  has  been  already  faid.  The  faót  in  fhort 
 is  this,  'Viz.  that  as  an  ecclefiaflic  pretends  his 
 
 perfon 
 
The  Rights  of  Sovereigns.     ló$ 
 
 perfon  is  facred  all  over,  and  to  be  reverenc'd, 
 he  ought  not  to  degrade  himfelf  by  his  addons. 
 Bonwn  foe,  &  habebis  laudem,  i.  e.  Do  that 
 which  is  good,  and  thou  Jbalt  have  praife  there- 
 of When  a  chalice  that  has  been  fet  apart, 
 and  confecrated  with  fo  many  ceremonies  for 
 receiving  the  blood  of  thrift,  is  once  propha- 
 ned,  it  goes  into  the  hands  of  the  vulgar,  and 
 is  fold  to  the  goldfmith  for  vile  ufes.  All  the 
 facraments,  except  that  of  the  altar,  at  which 
 God  ought  to  be  worfhip'd  at  all  times  and 
 places,  are  only  facraments  by  cuftom,  and 
 contain  no  grace,  but  when  they  are  apply'd. 
 Thus  the  clergy  ought  to  be  contented,  if 
 they  are  treated  on  the  fame  footing,  and  if 
 they  are  reverenc'd  in  their  facred  fun&ions., 
 and  minifterial  offices. 
 
 As  to  civil  affairs,  if  a  clergyman  goes  to 
 law  with  a  layman  for  an  e  (tate,  which  he 
 claims  as  due,  not  to  hrs  dignity,  but  to  his 
 perfon,  I  do  not  fee  how  this  can  poflibly  be 
 reckon'd  the  caufe  of  the  Church  ;  therefore 
 nothing  in  nature  can  be  more  reafonable,  than 
 that  a  fecular  prince,  who  is  to  maintain  his 
 Jubjeds  rights,  fhould  be  a  judge  of  thofe 
 rights,  in  order  to  defend  the  poffeflor  in  his 
 legal  property,-  whereas  otherwife,  if  a  layman 
 was  oblig'd  to  make  his  appearance  in  a  fpiri- 
 tual  court,  the  temporal  prince  would  foon 
 find  himfelf  without  fubjefts.  The  nuncio  and 
 the  bilhop  would  be  the  prince,  and  the 
 prince  would  only  be  the  guardian  of  the  city. 
 
 S  4  'Tis 
 
2^4     The  Rig^s  ùf  Sovereigns. 
 
 'Tis  enough  then,  that  according  to  the  efta- 
 blilh'd  cuftomat  Venice,  when  a  layman  accu- 
 fes  a  regular  monk  in  a  civil  affair,  the  caufe  is 
 brought  before  the  tribunal  of  the  nuncio. 
 
 IV.  That  bijhopsare  hindered  net  only  from 
 try  inglay-makf utters,  for  their  lives,  in  ca^es  de- 
 fending vn  the  viixd  courts ,  but  alfo  from 
 ftimjhing  the.  clergy  thewfeh^,  \  thd  conici  ed 
 of  [candalotiS  crimes. 
 
 Here  we  ought  to  diftinguifh  ;  becaufe  this 
 grievance  contains  two  parts,  v.z.  the  hindring 
 the  Lifhcps  from  judging  the  laity,  and  the 
 not  permitting  them  to  puniJh  their  own  fcan- 
 dalous  clergy.  But  both  thefe  complaints  pro- 
 ceed from  one  and  the  fame  principle,  viz.  the 
 right  which  the  temporal  fovereign  claims  by 
 law  to  judge  even  ecclefiaftical  criminals  ; 
 an  authority,  which  -if  a  prince  had  not,  it 
 would  follow,  by  confequence  that  the  prelate 
 would  have  the  liberty  of  punifhting  criminals  of 
 this  ftamp  ,-  and  when  once  he  is  mafterof  this 
 prerogative,  nothing  would  hinder  him  from 
 proceeding  againft  the  laity  in  like  manner,  for 
 crimes  depending  on  the  mix'd  courts,  and  fub- 
 jecft  in  fome  fort  to  the  ecclefiaftical  laws  ;  fuch 
 as  facrilege,  adultery,  ftriking  clergymen,  and 
 the  like. 
 
 To  return  to  the  firft,  viz.  the  complaint 
 that  the  bifhops  are  oppqs'd  in  their  proceed- 
 ings againft  the  laity,  for  crimes  depending  on 
 the  mix'd  courts.;  nothing  is  moreeafy  to  re- 
 
 folve 
 
The  Rights  of  Sovereigns.     2.65 
 
 folve  to  the  fatisfa&ion  of  the  meanefl:  capa- 
 cities, for  nothing  feerns  more  juft  than  the 
 conduit  of  a  free  prince,  who  preserves  to  him- 
 felf  the  right  of  permitting  the  clergy  to  judge 
 of  crimes  depending  on  fuch  mix'd  courts.  For 
 if  a  prince  will  be  a  fovereign,  he  muft  main- 
 tain his  fuperiority  and  authority  over  his  fub- 
 jeóts,  and  require  their  obedience  ;  and  if  they 
 are  difobedient,  he  ought  to  punifli  them.  But 
 if  a  prince  puts  the  rod  of  juftice  into  other 
 hands,  the  lubjefls  will  no  longer  regard  him  ; 
 honeft  men  being  obedient  out  of  love  to  vir- 
 tue,  but  the  wicked  only  for  fear  of  punifli- 
 ment. 
 
 Oderunt  peccare  boni  virtutis  amore, 
 0 derunt  peccare  mali  formidine  pccn^e. 
 
 When  a  prince  gives  up  his  power  of  punifh-> 
 ing,  he  immediately  becomes  the  contempt  of 
 his  fubje&s  ;  fuch  Was  the  happy  fimplicity  of 
 .the  primitive  ages,  that  the  fovereigns  were 
 belov'd  with  an  affe&ion  that  was  perfectly  vo- 
 luntary ,•  but  fuch  is  the  corruption  of  our 
 times,  that  they  are  envy'd  on  account  of  their 
 high  ftation,  and  therefore  hated,  and  confe- 
 quently  'tis  no  wonder  that  they  are  affronted. 
 'Tis  obfervable  that  all  crimes  which  come  be- 
 fore the  fecular  tribunal,  are  tranfgreffions  of 
 the  divine  law,  which  confifts  in  the  punctual 
 obfervation  of  only  thefe  two  commands,  *ciz. 
 to  love  God,  and  to  love  our  neighbour.     All 
 
 blafphemers, 
 
2  66     The  Rights  of  Sovereigns. 
 
 blafphemers,  perjurers,  adulterers,  murderers, 
 flanderers,  and  a  hundred  others,  who  are  tri- 
 able in  the  temporal  courts,  ought  to  pafs  un- 
 der the  cognizance  of  the  mix\T  court  ;  becaufe 
 they  are  tranfgreffors  of  the  two  commands 
 above-mention'd,  and  has  the  prelate  therefore 
 a  right  fìriéìly  to  inquire  after,  and  cite  them 
 to  his  court  ?  If  fo,  the  fovereign  would  in- 
 deed have  a  numerous  people  to  take  care  of, 
 but  he  would  have  few  fubjetìs  at  his  beck  or 
 command.  This  is  fuch  an  extravagant  abfur- 
 dity  as  I  think  no  man  of  the  leaft  piety  can  fo 
 much  as  comprehend,  much  lefs  approve,-  and 
 if  it  were  to  be  fuffer'd,  who  is  there  would 
 not  fooner  chufe  to  be  a  bifhop  than  a  prince  ? 
 becaufe  a  bifliop  would  in  this  cafe  have  all 
 the  advantages  of  fovereignty,  without  the 
 trouble  of  maintaining  it,  and  providing  for 
 the  people's  neceffities.  But  even  in  the  towns 
 of  the  land  of  the  Church,  the  bifhops  do  not 
 enjoy  fo  large  a  liberty,  moft  of  the  fentences 
 of  this  kind  being  ifluable  from  the  vice-le- 
 gate, or  governor  ;  who,  tho'  they  are  eccle- 
 fiaftics,  are  confider'd  as  perfons  inverted  with 
 temporal  power.  Such  an  authority  is  there- 
 fore far  lefs  tolerable  in  the  dominions  of  o- 
 thers.  This  part  has  been  fo  fully  prov'd,  that 
 I  think  I  need  not  fay  more,  for  I  believe  there 
 is  no  difinterefted  perfon,  but  muft  be  fatisfyM 
 how  much  it  is  the  right  of  fovereigns,  and  at 
 the  fame  time  enrag'd  at  the  pretentions  of  the 
 clergy  to  it  ;  for  there  are  many  cafes  in  which 
 
 the 
 
TToe  Rights  of  Sovereigns,     lój 
 
 the  court  of  Rome  would  have  bilhops  to  be 
 judges  of  the  laity,  but  not  one  in  which  they 
 are  willing  to  allow  the  fecular  courts  to  be 
 judges  of  the  clergy. 
 
 As  to  the  hindring  bilhops  from  judging  ec- 
 clefiaftical  criminals,  I  refer  the  reader  to  the 
 diftin&ion  I  have  already  fo  often  made  ufe  ofa 
 i)iz.  that  if  the  crime  of  a  clergyman  confifts 
 in  falfe  dottrine,  in  an  undue  adminiftration  of 
 the  facraments,  and  the  like,  which  are  crimes 
 merely  ecclefiaftical,  and  of  which  the  fecular 
 tribunal  has  naturally  no  cognizance  ;  then,  I 
 fay,  the  cognizance  of  them  ought  to  be  left 
 to  an  ecclefiaftical  judge,  and  the  government 
 of  Venice  does  not  in  any  wife  oppofe  it  ;  be- 
 caufe  there  is  a  tribunal  of  inquifition,  which 
 judges  of  all  fuch  caufes,  and  of  all  crimes 
 merely  ecclefiafìical,  judging  not  only  of  eccle- 
 fiaftical  criminals  attainted  of  crimes  of  this 
 kind,  but  even  thofe  of  the  laity  that  are  char- 
 ged with  herefy,  witchcraft,  the  abufe  of  the 
 facraments,  and  the  like.  But  if  the  crimes  in 
 queftion  are  fuch  as  are  merely  temporal,  fyfe. 
 murders,  adultery,  fornication,  robberies,  ejc. 
 committed  by  clergymen  ;  then,  as  I  have  al- 
 ready faid ,  the  clergyman  fo  offending  de- 
 grades himfelf,  and  thereby  makes  himfelf  an- 
 fwerable  to  the  ordinary  tribunal  ;  and  the  So- 
 vereign prince,  who  is  oblig'd  by  the  divine 
 law,  and  by  the  many  fcripture  proofs  we  have 
 already  cited,  to  punifli  malefactors,  maypro- 
 fecute  and  punilh  him.     Befides  all  thele  rea- 
 
 fons3 
 
ló8     The  Rights  of  Sovereigns* 
 
 fons,  this  is  a  maxim  founded  on  the  Jaws  of 
 juft  policy,  for  the  common  benefit  of  honeft 
 men  under  a  good  government  ;  for  how  couid 
 the  honour,  reputation,  lives  and  iorcunes  of 
 wives  and  their  children  be  fecure,  if  the  prince 
 did  not  reward  good  actions,  and  punilli  evil 
 ones?  Having,  I  think,  faid  enough  on  this 
 point,  I  will  forbear  vain  repetition,  and  only 
 exhort  bifhops  to  take  great  care  of  the  efta- 
 blifhment  of  the  faith,  of  the  diftribution  of 
 the  facraments ,  and  of  the  reformation  of 
 manners,  by  their  good  examples  and  learn- 
 ing. If  they  difcharge  thefe  great  duties,  they 
 may  with  very  good  reafon  boaft  that  they  have 
 not  been  unprofitable  fervants  in  the  lord's  vine- 
 yard, and  that  they  have  duly  kept  up  to  the 
 Simplicity  of  their  inftitution. 
 
 V.  That  the  btjhops  are  binder  *d  from  vifiting 
 hofpitals,  [acred  places,  frieries,  and  mounts  of 
 piety.  The  anfwer  I  have  to  make  to  this  com- 
 plaint, is  only  a  brotherly  admonition  in  the 
 terms  of  the  gofpel,  between  thee  and  him  alone, 
 to  fliew  the  court  of  Rome  that  this  accufation 
 againft  the  republic  is  rather  an  effed:  of  the 
 faid  court's  ufurpations,  than  difobedience  in 
 the  temporal  prince.  The  faid  court  takes  it 
 very  ill,  that  all  frieries  and  hofpitals,  confi- 
 derà as  facred  places,  are  not  therefore  iubjeét 
 only  to  ecclefiaftkal  jurifdiciion.  That  they 
 are  places  of  devotion  is  not  queftion'd,  and  fo 
 is  every  private  man's  houfe,  where  the  people 
 lead  moral   lives,  and  do  good  woiks  -,  but 
 
 that 
 
The  Rights  of  Sovereigns.     2<5? 
 
 that  all  places  of  devotion  are  facred,  and  ex- 
 empt from  the  fecular  jurifditìion,  that  they 
 are  that  New  Jerusalem  which  St.  John  faw 
 coming  down  from  God  out  of  heaven,  pre- 
 paid as  a  bride  adorn'd  for  her  husband,  and 
 that  this  husband  is  the  prelate,  this  is  what 
 I  cannot  eafily  digcft  :  Tftefe  gentlemen  of  the 
 court  of  Rome  always  found  their  difcourfes 
 and  difputations  upon  the  modern  times,  and 
 never  trace  effefts  to  their  origin  and  principal, 
 whereas  the  right  way  to  come  at  the  true 
 knowledge  of  a  thing,  is  to  examine  the  caufe, 
 fcire  eft  rem  per  caufam  cognofcere.     If  we  look 
 back  to  the  origin  of  hofpitals,  frieries,  mounts 
 of  piety,  and  the  like,  we  filali  certainly  find 
 whether  they  are  ecclefiaftical,  or  fecular  eftates, 
 and  whether  they  ought  to  be  fubjed  to  the  bi- 
 fhop,  or  the  temporal  prince.    Tell  me,  then, 
 who  were  their  founders,  clergymen,  or  lay- 
 men ?  Were  thofe  eftates  given  by  the  priefts, 
 or  th^laity  ?  If  they  fay  that  the  donors  and 
 founders  were  ecclefiaftics,  I  muft  beg  leave  to 
 tell  them  it  is  falfe  ;  for  if  thofe  foundations 
 were  of  ecclefiaftic  original,  if  their  revenues 
 were  ever  paid  by  the  clergy,  the  adminiftra- 
 tors,  or  governors  of  them,  would  likewife 
 have  been  clergymen,  and  without  doubt  thofe 
 of  that  order  would  never  have  fuffer'd  them- 
 felves  to  be  turn'd  out,  to  make  way  for  lay- 
 men, without  a  great  deal  of  clamour  and  ftrug- 
 gle.     The  clergy,    where  their  interefts  are 
 ever  fo  little  concern'd,  don't  ufe  to  part  with 
 
 them 
 
17°     *TIm  Rights  of  Sovereigns. 
 
 them  tamely,  but  are  commonly  fo  litigious^ 
 that 'tis  as  much  as  ever  a  layman  can  do,  to  de- 
 fend himfelf  againft  their  pretenfions,  much  lefs 
 can  he  take  any  thing  from  them  :  But  if  it  be 
 acknQwledg'd  that  the  inftirution  and  donation 
 of  fuch  places  was  originally  fecular,  and  that 
 fome  pious  fouls  Were  difpos'd  to  lay  out  their 
 money  and  eftates,  and  make  fuch  fettlements, 
 to  the  end  that  they  fliould  be  always  under 
 the  adminiftration  of  the  government,  what 
 foundation  have  the  clergy  for  that  fuperiority 
 they  pretend  to  have  over  them  ?  The  mafter 
 of  the  vineyard  in  the  gofpel  laid,  hit  not  lawful 
 for  me  to  do  what  I  will  with  my  own  Ì  Is  thine 
 eye  e^il^  becaufe  mine  is  good  Ì  If  the  founder 
 of  fuch  hofpital,  or  place  of  devotion,  would 
 have  had  the  fame  govern'd  by  clergymen,  he 
 would  have  declar'd  it  exprefly  in  the  very 
 deed  of  fettlement,  or  endowment,  and  ei- 
 ther himfelf,  or  his  next  heir,  would  have  in- 
 ducted them  into  the  poffeffion  of  fu^  admi- 
 niftration ;  but  if  there  be  not  one  word  of 
 this  in  the  deed,  and  on  the  contrary,  the  do- 
 nor there  declares  his  intention,  that  the  fupe- 
 riors,  priors,  or  directors,  fliall  be  laymen  ; 
 and  if  they  were  put  into  poifeffion  of  the  ad- 
 miniftration, from  the  very  firft,  what  reafon 
 can  the  clergy  have  for  pretending  to  fuch  a 
 fuperiority  ?  It  feems  the  private  men,  who 
 own'd  fuch  eftates,  had  not  the  grace  to  be- 
 queath them  as  a  legacy  to  fome  prelate,  but 
 difpos'd  of  them  in  another  manner  ;  yet  for 
 
 ali 
 
The  Rights  of  Sovereigns.     27 1 
 
 all  this,  does  the  prelate  leave  one  ftone  un- 
 turn'd  to  get  the  whole  into  his  clutches  ?  At 
 this  rate,  may  not  a  mount  of  piety,  which  is 
 only  a  place  for  lending  to  the  poor  upon 
 pledges,  become  by  degrees  an  ecclefiaftical 
 fief?  I  know  they  will  pretend  that  a  prelate 
 does  not  aim  at  this  fuperiority  for  the  fake  of 
 managing  the  revenue,  or  putting  any  of  it 
 into  his  own  pocket,  but  only  to  fupervife  the 
 adminiftration  thereof,  that  every  thing  may 
 be  manag'd  with  order  and  juftice,  as  if  the 
 lay-fovereign's  infpeólion  were  not  fufficient  ; 
 but  let  me  tell  'em,  I  will  take  who  I  pleafe 
 for  my  phyfician,  and  not  the  man  that  brags 
 he  knows  more  than  him  I  have  chofen  :  Such 
 conduft  as  this,  brings  to  my  mind  the  faying 
 in  the  gofpel,  Friend,  let  ine  pill  the  mote  out 
 of  thine  eye.  This  would  be  a  circumftance 
 more  facred,  <viz.  if  a  dying  man  fhould,  by 
 his  laft  will,  recommend  a  certain  number  of 
 maffesto  be  faid  for  his  foul,  and  the  fuperior 
 of  the  convent,  on  whom  they  are.injoinld, 
 fhould  examine  whether  the  heir  has  fulfill'd 
 the  will  of  the  dead,  I  don't  believe  that  the 
 biftiop  would  meddle  in  the  affair,  or  pretend 
 to  call  him  to  account  for  it.  To  what  pur- 
 pofe  then  does  the  bilhop  claim  fuch  fuperi- 
 ority over  works  that  are  indeed  pious,  but 
 not  totally  fpintual,  fuch  as  the  care  of  the 
 fick,  and  the  lending  of  money  to  the  poor  ? 
 Wifely  therefore  has  the  fenate  declar'd,  that 
 places  of  this  fort3  tho'  devoted  to  pious  ufes, 
 
 are 
 
1JI     The  Rights  of  Sovereigns f* 
 
 are  not  number'd  in  die  regifter  of  ecclefiafti- 
 cai  places,  and  that  the  bilhop  has  nothing  to 
 do  with  them. 
 
 VI.  That  the  college  pretends  to  he  a  judge  in 
 matters,  relating  to  benefice t,  and  that  when  any 
 mie  enters  an  action  in  the  court  of  Rome,  he  is 
 obliged  to  a  renunciation  ab  impetratis,  /.  e.  to 
 renounce  the  decrees  he  has  there  obtain' d, 
 
 This  is  another  branch  deriv'd  from  the  fame 
 root.  In  anfwer  to  which  complaint,  we  lay 
 down  this  as  a  fundamental  principle,  that  eve- 
 ry temporal  free  fovereign  has  a  right  to  judge 
 in  all  matters  but  fuch  as  relate  to  faith,  to  the 
 facraments,  the  inftitution  of  facred  ceremo- 
 nies, and  the  like  ;  which  cannot  be  regulated, 
 or  executed,  but  by  the  priefts.  Thefe  things 
 only  excepted,  the  prince  is  eftablilh'd  by  God 
 himfelf  over  fuch  or  fuch  a  people,  to  do  ju- 
 ftice,  and  to  keep  all  his  fubjeóts  in  their  duty, 
 either  by  rewards  or  punifhments,  fo  that  he 
 is  riot  only  the  reprefentative  and  depofitory  of 
 th£  public  authority,  but  the  vicegerent  of  God. 
 This  St.  Peter  and  St.  Paul  have  deliver'd  as 
 their  own  opinion  in  fuch  terms  as  are  exprefs^ 
 and  clear  enough  to  fatisfy  thofe  who  have  ears 
 to  hear,  and  which  we  have  already  quoted 
 more  than  once  ;  and  as  the  fubmiflion  we  owe 
 to  an  apoftolical  precept,  renders  it  a  point  not 
 to  be  difputed,  fo  'tis  equally  eftablifh'd  and 
 confirm'd  by  the  law  of  nature  ;  for  as  all  the 
 members  of  the  body  receive  motion  from  the 
 heart,  the  whole  body  from  its  foul,  every 
 
 individual 
 
The  Rights  cf  Sovereigns.     275 
 
 individual  from  one  fpiritual  intelligence  only, 
 all  light  itfelf  from  the  fun,  and  all  difcourle 
 from  reafon  alone  ;  fo  every  government  de- 
 pends on  its  fovereign,  and  all  hierarchy  on  one 
 iingle  principle  ;  and  as  in  our  contemplation 
 .of  nature's  machine,  the  world,  we  afcend  up- 
 wards to  God,  the  caufe  of  all  caufesj  lo  in 
 human  and  civil  judgments,  we  ought  never 
 to  go  beyond  the  only  fovereign  ;  for  to  ima- 
 gine that  a  date  can  be  well  govern'd,  which 
 depends  on  two  different  princes,  is  quite  as 
 abfurd  as  to  conceive  a  body  with  two  fouls. 
 There  is  but  one  way  to  efhblifli  an  union  be- 
 twixt men,  whofe  genius,  fortunes,  and  tem- 
 pers, are  fo  widely  different,  and  that  is,  to  let 
 one  only  be  their  head  and  mafter  ;  for  tho'  a 
 republick  may  confift  of  a  thoufand- members, 
 yet  they  have  but  one  fovereign  ;  for  all  and 
 every  one  of  thofe  members  acknowledge  the 
 fovereignty  to  be  either  in  the  whole  collective 
 body  of  the  fiate,  or  elfe  in  a  leffer  body  of 
 deputies,  or  delegates  from  the  whole. 
 
 In  the  times  of  pagan  Rome^  we  read  of  a 
 chief  priefr  who  prohibited  the  building  of  one 
 temple  both  to  honour  and  to  virtue,  chi>!  ac- 
 cording to  the  notion  that.then  prevail' d,  there 
 was  a  certain  affinity  betwixt  thofe  two  idols  ; 
 the  reafon  of  which  prohibition  was,  that  one 
 temple  ought  to  ierve  only  one  deity.  In  fine, 
 then, we  may  well  fay  that  the  republick  of  Vi  - 
 WCC)  taught  both  by  reafon  and  experience,  is 
 more  concern'd  than  any  other  republick,  con- 
 
 [P art  II.]  T  ftantly 
 
274     C^K  Rights  of  Sovereigns. 
 
 ftantly  to  maintain  the  fame  unity  of  fovereign- 
 ty,  as  judging  that  it  would  be  as  great  a  here- 
 fy  in  politics,  to  fuffer,  in  their  dominions,  the 
 lead:  diviiion  of  fovereignty  in  things  human, 
 as  it  would  be  impiety  in  things  divine,  not  to 
 believe  the  unity  of  the  godhead.  This  being 
 the  caie,  the  court  of  Rome  oughtnot  to  won- 
 der that  in  Venice  there's  no  one  altar  fet  up 
 againft  another,  either  for  caufes  relating  to 
 benefices ,  or  for  other  controverfies  of  the 
 people.  Caufes  relating  to  benefices  concern 
 the  clergj  only,  and  not  the  Church,  the  dif- 
 pute  being  not  for  the  depriving,  or  inflating 
 of  any  minifter,  but  only  to  decree  who  is  the 
 legal  minifies  and  when  the  college,  or  coun- 
 cil, ailumes  cognizance  of  the  caufe,  'tis  not 
 to  ufurp  the  right  of  nomination  to  benefices, 
 but  to  put  an  end  to  the  difpute  betwixt  thofe 
 who  lay  claim  to  iuch  benefices.  As  to  the 
 collation  thereof,  'tis  left  entirely  to  the  difere- 
 tion  of  tiie  court  of  Rome,  and  every  body  is 
 at  fall  liberty  to  apply  to  the  faid  court,  when 
 a  vacancy  happens.  The  repubiick  there  ore 
 interferes  only  to  obviate  and  compoie  dis- 
 putes between  their  fubjecls,  when  more  than 
 one  pretendi  a  right  to  the  fame  benefice, 
 which  is  the  more  necefiary ,  becaufe  the  Vene- 
 tians are  not  us'd  to  obey  any  fentence  which 
 is  not  pafs'd  in  their  own  dominions. 
 
 As  to  the  obligation  upon  fuch  as  fue  in  the 
 court  of  Rome,  to  renounce  ab  impetrati*,  'tis 
 a  neceflàry  confequence  of  the  maxim  juft  now 
 
 eftablifh'd  * 
 
The  Rights  of  Sovereigns.     175 
 
 eftablifh'd  ;  and  the  due  reward  of  fuch  rafli 
 litigious  people,  who,  tho'  they  know  they 
 have  a  tribunal  of  their  own  to  apply  to,  have 
 recourfe  at  every  turn  to  a  foreign  one,  on  pur- 
 pofe  to  perplex  the  caufe  by  querks,  and 
 fliifts,  becaufe  they  have  not  one  good  plea  to 
 produce  in  their  own  favour. 
 
 VII.  That  the  Venetian  clergy  are  requird  to 
 pay  the  ordinary-taxes,  and  other  impofts,  as  well 
 as  the  laity. 
 
 A  certain  prince,  who  was  well  read  in  uni- 
 verfal  hiftory,  faid,  tho'  he  was  not  within  the 
 pale  of  the  Church,  that  he  wonderYl  all  the 
 chriftians  did  not  go  to  Rome  to  make  their  for- 
 tunes, by  attaining  to  fome  great  ecclefiaftical 
 dignity,  which  no  one  nee,d  defpairof  getting. 
 For  my  own  part,  I  verily  believe,  that  if  all 
 the  canons  propos'd  to  u>  by  the  gentlemen  of 
 the  court  of  Koine,  were  to  be  obferv'd  at  Ve- 
 nice, every  layman 'would  be  glad  to  take  or- 
 ders, and  all  the  clergymen  in  other  countries 
 ivould  be  mad  to  come  and  fettle  at  Venice  -, 
 fo  that  we  fhould  be  forc'd  to  build  houfes  in 
 lour  very  lake  to  entertain  the  new  colony,  It 
 would  be  a  fine  world  indeed,  if  the  clergy 
 were  to  be  exempt  from  obeying  their  tempo- 
 ral fovereign,  if  they  couid  be  as  wicked  as 
 they  lift  in  ipite  of  his  teeth,  and  if  they  were 
 to  pay  no  taxes,  imports,  nor  fubfidies  1  Were 
 the  clergy  at  Rome  once  pofTefs'd  of  thefe  fine 
 privileges,  they  might  well  boaft  of  revivine 
 the  golden  age,  when  the  fields  brought  fprth 
 
 T  2  their 
 
Vj6     Tlie  Rights  of  Sovereigns. 
 
 their  fruits  without  any  toil,  and  the  lands 
 were  fallow  without  plowing  or  lowing  $  mean 
 time  1  often  hear  complaint,,  of  the  poverty  at 
 Rome-,  while  at  Venice^  where  the  very  bread 
 is  excL'd,  they  live  in  a  happy  abundance,  and 
 with  ìefs  expence.     A  foverc;gn  prince  may  fit- 
 ly be  refembled  to  a  river,  which  derive^  its 
 mafs  of  water,  be  it  more  or  lefs  in  breadth, 
 or  depth,  from  a  vaft  number  of  rivulet::  that 
 flow  to  it,  as  tributes  from  the  neighbouring 
 plains  ;  and,  recording  to  the  opinion  of  Empe- 
 doclesy  who  efbbiifh'd  atoms  as  the  principle  of 
 all  thingr,  the  gtàtefl  bodies  are  form'd  by 
 the  union  of  an  infinite  number  of  fmall  ones. 
 Now  where's  the  rhetorician  that  can,  with  all 
 the  tropes  and  figures  he  is  mafter  of,  perfuade 
 to  the  belief  of  this  impoffibiiity,  that  a  per- 
 fon  can  expend  money  unlefs  he  has  it  to  lay 
 out,  or  live  by  the  air  alone,  without  any  o- 
 ttier  nouriihment  ?  Ariftoik  one  day  hearing  k 
 conceited   fophift  prating  that  there  was  no 
 fuch  tiling  in  nature  as  motion  ;  and  endeavour- 
 ing to  fiipport  what  he  faid  by  faife  reafonings, 
 he  gave  him  no  other  anfiver,  than  by  walking 
 about  the  room,  it  being  but  trifling  to  pro- 
 duce arguments  from  reafon  for  a  thing  which 
 is  demonftrable  by  experience.    Indeed,  if  the 
 court  of  Rome  will  teach  the  officers  of  the  Ve- 
 netian mint  that  fecret  in  alchymy   of  trans- 
 muting iron  into  gold,  1  doubt  not  but  they 
 will  foon  be  made  eafy  in  their  demand,  and 
 that  the  clergy  fliall  be  exempted  from  all  the 
 
 burdens 
 
The  Rights  of  Sovereigns.     177 
 
 burdens  of  the  fiate  ;  but  till.' then,  they  muft 
 be  filent,  and  permit  the  fovereign  to  provide 
 for  the  neceffities  of  the.ftute  in  the  ordinary 
 way,  which  is  always  abundantly  better  than 
 the  extraordinary  methods  of  filling  the  putv 
 lick  treasure  1  which  when  ambition  drains, 
 wickednefs  commonry  repleniihes.  ill- 
 
 rum  anibtiiòHè  exbàufeti?riùs9  per  [celerà  fìifì 'ku- 
 du m  fit. 
 
 The  clergy  cannot  expect  to  enjoy  the  light 
 of  the  fun,  without  being  at  the  pains  to  open 
 their  eyes,  any  more  than  the  laity.  In  like 
 manner,  if  they  exped:  protection  and  mainte- 
 nance from  the  fovereign,  'tis  neceffiry  they 
 fliould  contribute  all  they  can  on  their  part, 
 towards  furnifhing  him  with  the  means  •>  for 
 there's  no  creature  upon  earth  can  do  any  thing 
 without  the  help  of  means,  that  being  a  pre- 
 rogative peculiar  to  God  alone.  If  the  facrcd 
 character  of  clergymen  gave  them  the  privi- 
 lege of  living  without  consuming  any  provi- 
 sions, then  it  would  be  but  jùft  to  excuie  them 
 from  paying  excife.  On  the  other  band,  it 
 would  be  unjuft  to  ddire  that  the  character  of 
 clergymen  fliould  be  fuch  a  charge  to  the  lai- 
 ty \  for  their  enjoying  thefe  exemptions  would 
 not  be  reckoifd  as  favours  of  their  prince,  but 
 a  robbery  on  his  other  fubjects,  which  is  con- 
 trary to  the  precepts  of  Jews  Cbr;Jly  wherein 
 all  partiality,  and  refpect  of  peribns,  is  exprefly 
 forbidden. 
 
 T  x  VIII.  That 
 
178     The  Rights  of  Sovereigns. 
 
 VIII.  That  the  regular  monks  are  hinder' d 
 from  obeying  the  cdnfUtutions  of  their  order  and 
 chapters,  by  being  ohligd  to  confer  prelaiical  dig- 
 nities upon  fuch  friers  as  are  natural  hern  fub- 
 jitts  of  the  republic 
 
 If  ir  always  hold  true  that  a  phyfician,  who 
 has  been  cffl.fted  with  many  diftempers  him- 
 felf,  knows  better  than  another  how  to  cure 
 them  in  his  patients  ;  it  muft  be  granted  that 
 Venetian  friers  cannot  be  better  govern'd  than 
 by  a  Venetian  fuperior  5  who  knowing  the 
 cuftoms  of  the  country  \  together  with  the 
 tempers  and  blind  fides  of  his  countrymen, 
 better  than  any  other,  knows  beft  what  are 
 the  mod  proper  meafures  to  be  taken.  The 
 canon  which  command*  parifhioners  to  confefs 
 to  their  parochial  paftor,  gives  this  as  the  only 
 reafon  for  it,  that  fuch  paftor  being  more  tho- 
 roughly acquainted  with  the  moft  common 
 fins  committed  before  his  face,  is  better  quali- 
 fy 'd  to  examine  the  penitent, and  to  remedy  ir- 
 regularities with  the  more  dexterity  and  fuc- 
 cels.  Therefore  C/:T//?faid,  according  to  St.  John, 
 lie  that  entreth  not  by  the  door  into  the  Jheepfold, 
 but  climbeth  up  fome  other  way,  the  fame  is  a 
 thief  and  a  rower.  But  he  that  entreth  in  by 
 the  door,  is  the  Jhepherd  of  the  Jheep  ;  to  him  the 
 porter  openeth,  and  the  Jheep  hear  his  'voice,  and 
 he  calleth  his  own  Jheep  by  name,  and  leadeih. 
 them  out. 
 
 Has 
 
Tie  Rights  of  Sovereigns.     279 
 
 Has  the  court  of  Rome  then  reafon  to  com- 
 plain of  the  fenate  of  Venice^  for  their  obe- 
 dience to  the  gofpel,  ill  enjoining  the  regular 
 monks  to  admit  of  no  fuperiors  but  what  are 
 natives  of  the  ftate  ?  And  is  it  not  ridiculous 
 to  accufe  the  lay-fovereign  of  being  a  gainer  by 
 the  execution  of  this  decree,  when  his  iole  mo- 
 tive was  a  charitable  zeal  for  the  good  of  the 
 friers  ì  In  fliort,  can  any  thing  be  more  pro- 
 ductive of  mutual  charity  among  them,  than 
 to  be  united  all  by  one  rule,  at  the  f..me  time 
 that  they  are  more  endear'd  to  one  another 
 by  the  natural  genius  of  the  country  ?  For  a 
 ftranger  is  like  the  water  of  a  brook,  that  Aides 
 away  as  foon  as  it  comes,  whereas  a  native  of 
 the  country  is  like  the  find  that  flays  at  the 
 bottom.  Were  we  to  add  to  this  any  rea  ion 
 from  law,  it  would  appear  unjufl,  that  the 
 lands  of  Venice  fliould  pafs  into  the  hands  of 
 thofe  who  have  no  affinity  with  the  Venetians^ 
 and  who,  after  their  adminiftration  is  expir'd, 
 would  not  care  one  brafs  farthing  whether  they 
 left  a  good,  or  a  bad  name  behind  them,  in 
 the  management  of  revenues  and  lands  they 
 are  never  to  enjoy,  and  which  perhaps  they 
 Alali  never  fee  any  more. 
 
 This  may  be  farther  illuflrated  by  the  fol- 
 lowing inftan.ee,  which  comes  as  near  to  the 
 prefent  cafe  as  any  that  can  be  thought  of.  A 
 poor  man  that  was  troubled  with  the  palfy, 
 had  moreover,  to  aggravate  his  affi  tìion,  run- 
 ning fores  in  one  of  his  legs,  which,  for  that 
 
 T  4  reafon. 
 
2.8o     The  Rights  of  Sovereigns. 
 
 reafón,  was  fo  phgud  with  flies,  that  he  was 
 not  able  to  keep  them  off.  An  honeft  man  paf- 
 fing  by,  and  taking  pity  on  him,  offer'd  hi<  fer- 
 yice  to  blow  them  off  ;  but  the  patient  pray'd 
 him  not  to  do  it  by  any  means,  thinking  it  bet- 
 ter t©  bear  with  thofe  that  had  already  glutted 
 themielves  in 'his  fores,  than  by  driving  them 
 off,  to  make  way  for  new  guefts,  that  might 
 come  to  his  leg  half  ftarv'd,  and  fall  on  with- 
 out mercy.  To  this  I  fliall  add,  that  methinks 
 a  prince  ought  at  leaft  to  have  as  much  liberty 
 as  a  private  perfon  ;  now,  where  is  that  matter 
 of  a  family  who  does  not  appoint  what  ftew- 
 ard  he  pleafes  ?  for  by  fo  doing,  his  fervants 
 are  better  treated,  as  being  govern'd  accord- 
 ing to  their  matter's  good  pleafure  -,  and  from 
 hence  it  follows,  that  the  matter  is  better  ferv'd. 
 This  decree  is  not  in  the  leaft  prejudicial  to  the 
 friers,  but  they  are  not  willing  to  entertain  a 
 good  thought  of  it,  The  court  of  Rome  it 
 fejf  has  no  rea  fon  to  complain  of  it,  and  \is 
 to  be  wiuVd,  that  other  princes  would  imitate 
 the  Venetians  by  publifliing  the  like  decree. 
 I  fliall  conclude  with  this  reflection,  viz. 
 that  the  letter  fpheresare  regulated  in  their  mo- 
 tion by  that  of  the  pinnim  mobile  :  And  there- 
 fore, %s  hnce  the  time  of  Adrian  VI.  who  fill'd 
 the  cha;r  in  1522,  there  has  not  been  one  Pope 
 who  wj  j  not  an  Italian  ;  fo  1  find  no  difference 
 now  piiblifti'd  at  Venice^  and 
 coudc.Ci  of  the  court  of  Hoihè. 
 
 IX.  That 
 
The  Rights  of  Sovereigns.     18  £ 
 
 IX.  That  when  any  dispute  happens  among  the 
 
 friers  themftfv'eS)  they  are  {end  to  frofecufi  in 
 
 the  temporal  com-t,  inflead  of  the  tribunal  of  the 
 
 ayoftolical  nuncio. 
 
 'Tis  for  private  men,  rather  than  the  fiate, 
 to  anfwer this  complaint;  for  the  Venetian  go- 
 vernment concerns  itfelf  in  affairs  of  thtì  kind 
 only,  when  any  perfons,  aggrieved  by  their 
 fuperiorSj  or  their  fuperiors  difobey'd  by  their 
 interiors,  have  recourfe  to  the  fecular  arm,  and 
 demand  the  interpofition  of  public  authority, 
 which  voluntarily  lends  its  hands  to  reduce 
 thofe  to  their  duty,  who  depart  from  it.  What 
 I  pray  can  the  government  do  in  ffach  a  ca(e  as 
 this,  but  protecS  the  honeft,  and  relieve  the 
 opprefled  ?  what  can  the  gentlemen  of  the 
 court  01  Rome  fay  to  this  ?  O  !  I  hear  feme  fay- 
 ing they  would  have  the  fecular  tribunal,  after 
 they  have  receiv'd  the  fir  ft  motion,  or  notice 
 of  the  caufe,  be  filent  of  their  own  accord,  and 
 refer  the  affair  to  that  of  the  nuncio.  What 
 a  ftrangé  piece  of  work  would  this  be  !  would 
 not  (he  Vt  hereby  madiy  (trip  them- 
 
 felves  of  their  proper  authority,  to  clo.ith  a 
 foreign  court  with  it  ?  and  would  it  not  be 
 uncharitable  to  the  fubjed,  when  he  mod  of 
 all  wants  and  defires  affittante  ?  Define  regnare 
 nifi  li/i"  audir:  y  was  the  faying  of  a  certain  wo- 
 man to  one  of  the  Gefdr'r.  Therefore  'tis  not 
 on  the  account  of  any  public  advantage,  that 
 the  friers  are  hiuder'd  from  referring  their  con- 
 troversies to  the  nuncio,  to  receive  from  him 
 
 the 
 
2  8 1     The  Rights  of  Sovereigns. 
 
 the  explanation  of  their  rules,  and  to  be  fpiri- 
 tually  pu'nifh'd  if  they  are  difobedient. 
 
 The  government  leaves  them  at  full  liberty 
 upon  this  account  ;  but  when  one  of  the  par- 
 ties, ^out  of  a  guilty  confcience,  and  for  fear 
 not  of  fpiritual,  but  of  corporal  punifhment, 
 has  recourfe  to  the  fecular  tribunal,  in  expec- 
 tation of  a  more  fpeedy  trial,  then  the  fenate 
 does  not  refufe  affiftance  to  the  party  who  has 
 right  on  his  fide.  Therefore  'tis  at  the  triers 
 own  difcretion,  whether  or  no  they  will  have 
 recourfe  to  this  jurifdiciion  of  the  lay-tribu- 
 nal, who,  they  may'depend  on't,  will  not  fail 
 to  do  them  juftice,  in  cafe  they  apply  to  them 
 for  it  ;  for  where  their  judgment  io  not  dehr'd 
 by  fome  word,  aci,  or  fign,  given  for  that  end, 
 it  is  never  granted.  They  fay,  I  know,  that 
 tho'  the  motion  be  admitted  in  the  temporal 
 court,  they  may  chufe  whether  they  will  try 
 it,-  but  I  believe  every  man  of  fenfe  fees  the 
 extravagant  abfurdity  of  this  plea ,  and 
 that  if  they  acied  thus,  it  would  look  as  if  they 
 own  d  they  wanted  authority,  or  that  they 
 knew  not  how  to  exercife  it.  I  dare  affirm, 
 that  if  it  was  put  to  the  gentlemen  of  the 
 court  of  Koine y  they  would  not  be  fo  com- 
 plajfant  to  yield  up  their  rights  ;  and  if  this  be 
 true,  'tis  a  terrible  breach  of  charity  to  expect 
 from  others  what  we  would  not  grant  them  if 
 they  ask'd  it  of  us.  But  fuch  is  the  pofition  of 
 our  eyes,  and  the  rays  of  fight  are  fo  difpos'd, 
 that  we  quickly  fpy  the  lead  mote  in  our  bro- 
 ther's 
 
"The  Rights  of  Sovereigns.     283 
 
 ther's  eye,  but  can  hardly  fee  the  beam  in  our 
 own  ;  which  made  Diogenes  examine  all  his 
 actions  by  a  looking- glafs. 
 
 X.  That  thofe  who  have  a  bifhopricl;  or  other 
 pelatimi  dignity \  conferì d  upon  them  by  the  court 
 cf  Rome,  are  obligd  to  have  recourfe  to  the  Coun- 
 cil for  the  poffejjion  of  temporalities^  and  that 
 every  bifhop  precognizd  by  any  but  a  Venetian 
 cardinal^  fl.mll  not  obtain  poffeJJion^  and  the  See 
 JJjall  remain  vacant. 
 
 This  complaint  contains  two  parts.  1.  The 
 obligation  laid  upon  all  perfons  to  obtain  the 
 polTeflion  of  their  temporalities  from  the  fe- 
 nate.  2.  Trie  refufal  of  fuch  polTeflion  to  bi- 
 fhops  that  are  precogniz'd  by  any  but  a  Vene- 
 tian cardinal. 
 
 The  firft  of  thefe  is  not  particular  to  the  re- 
 publick  alone,  but  the  general  cuftom  of  allfe- 
 cuiar  princes.  The  fecond,  indeed,  is  the  pre- 
 rogative of  crown'd  heads  only.  As  to  the 
 firft,  'tis  evidently  a  rule  of  civil  law,  univer- 
 lally  receiv'd,  that  'tis  not  enough  to  acquire  an 
 eftate  by  title  of  purchafe,  exchange,  dona- 
 tion, inheritance,  or  the  like  ;  but  that  to  be 
 truly  proprietor  of  a  real  eftate,  'tis  abfolutely 
 neceffary  that  a  perfon  be  put  in  adual  pofièf- 
 fion  of  what  was  not  his  originally,  but  be- 
 comes his  property  by  virtue  of  this  new  title. 
 A  man  who  comes  into  an  eftate  this  way,  has 
 fuch  an  advantage,  that  if  he  be  difabled  to 
 prove  his  acquifition,  either  by  the  lofs  or  pa- 
 pers, or  by  reafon  of  fire,  or  becaufe  of  Ins  mi- 
 nority, 
 
184     The  Rights  of  Sovereigns. 
 
 nority,  'tis  enough  for  him  if  he  comes  at  the 
 poffeflion  honeftly  ;  and  whoever  goes  to  dis- 
 pute it  with  him,  muff  be  oblig 'd  to  prove  a 
 better  title  by  Papers  and  other  documents, 
 without  obliging  the  poffeffor  to  fhew  his  ; 
 and  -if  the  claimant  does  not  produce  a  better 
 title,  he  would  be  cut  off  by  the  law,  nil  pof- 
 Jìdetis  in  fqfjideatis.  This  is  a  law  not  only 
 favourable  to  the  poffeffor,  but  alio  ferves  as  a 
 rampart  againft  another's  ufurpation,  becaufe  it 
 does  not  leave  every  rafil  man  at  liberty  to  in- 
 trude by  forcible  means,  and  by  his  own  au- 
 thority, into  an  eftate  that  does  not  belong  to 
 him,  for  the  law  never  grants  poffeflion  with- 
 out a  good  title. 
 
 Now,  what^theconfequence  ofthis?  Why 
 truly  the  court  of  Home  complains  of  a  thing 
 which  is  advantageous  to  the  patron,  or  colla- 
 tor of  a  benefice,  becaufe  the  fecular  tribunal 
 never  grants  poffeflion,  without  firft  feeing 
 whether  the  bull  of  collation  be  difpatch'd  in 
 due  form.  If  the  fecular  tribunal  did  not 
 take  this  precaution  ,  I  do  but  think  how 
 many  would  creep  into  fome  abby,  or  other 
 church-preferment ,  and  the  court  of  Home 
 know  nothing  of  the  matter,  nor  when  they 
 did,  be  able  to  help  it  ;  and  how  many  others 
 would  have  the  impudence  to  get  into  church 
 livings,  without  any  bull  at  all.  Perhaps  it 
 will  be  pretended  there's  no  danger  of  this,  be- 
 caufe thofe  who  ufurp  eccleiiaflical  benefices  in 
 this  manner,    are  excommunicated  ipfo  fdlio. 
 
 Good 
 
The  Rights  of  Sovereigns.     185 
 
 Good  God  !  Is  it  poflible  that  the  fear  of  ex- 
 communication can  be  any  check  to  men's  de- 
 fires  !  Alas  !  'tis  not  now  as  it  was  heretofore, 
 when  excommunication  was  foch  a  terrible 
 bugbear,  that  it  frightned  Attila,  even  a  Bar- 
 bariati)  to  the  abandoning  Rome  and  his  con- 
 quers. Indeed  the  weapon  is  the  fame  as  for- 
 merly, but  has  loft  its  edge  ;  and  being  got 
 into  other  hands,  what  with  the  too  common 
 ufe  of  it,  and  the  paffion  with  which  it  is  de- 
 nounce, 'tis  become  vile  and  contemptible.  I 
 believe  the  court  of  Rome  will  readily  e:,rcufe 
 me  the  trouble  of  fetching  inftances  to  prove 
 this,  fince  their  own  exoerience  has  fhewn  it 
 them  too  often  in  very  many  cafes.  -Therefore 
 I  think  I  have  reafon  to  fay,  that  if  the  tempo- 
 ral fovereign  did  not  intimidate  the  wicked  by 
 threats  and  punifhments,  all  the  Pope's  thunder 
 and  anathemas  would  not  keep  ecclefiafticai  be- 
 nefices from  being  enjoy'd  by  the  fir  ft  poffedbr. 
 But  undoubtedly  the  holy  father  knows  that 
 he  is  a  hundred  times  better  obey'd  in  coun- 
 tries where  he  has  united  the  fceptre  and  the 
 mitre,  the  fpiritual  and  the  temporal  fwords, 
 than  in  foreign  domains  that  are  purely  fe- 
 cular,  tho'  at  the  fame  time  as  much  at  the 
 Pope's  devotion  and  obedience  as  any. 
 
 To  this  the  court  of  Rome  will,  it  may  be, 
 reply,  if  the  Venetian  government  propofes  by 
 this  to  do  any  fervice  to  thofe  that  have  bene- 
 fices, let  them  do  it  only  when  they  are  de- 
 fii'd,  and  not  trouble  their  heads  with  thofe 
 
 that 
 
1$6     The  Rights  of  Sovereigns. 
 
 that  think  the  obtaining  a  bull  of  inveftiturej 
 the  mod  honourable  way  of  entring  into  pof- 
 fefllon,  and  look  upon  every  thing  to  be  inju- 
 rious that  is  faid  only  in  defence  of  the  rights 
 of  the  patron.  This,  I  fay,  would  perhaps  bei 
 their'anfwer  ;  but  to  be  ingenuous,  which  is 
 what  I  always  profefs'd,  perhaps  too,  that  was 
 not  the  fole  motive  of  the  Venetia?i  law  ;  but 
 if  any  frate  motives  concurr'd,  it  muft  be 
 own'd  that  the  Venetian  politics  never  deviate 
 from  ftrict  juftice,  and  that  if  the  court  of 
 Rome  does  not  approve  them,  'tis  only  becaufe 
 they  are  wont  to  prefer  their  own  politics  be- 
 fore receiv'd  cuftoms,  and  the  law  of  nations* 
 All  the  political  views  of  the  fenate  are  con- 
 fbntly  directed  by  equity  ;  for  what  is  more 
 equitable  than  to  require  that  benefices  fhould 
 be  conferr'd  only  on  their  own  country-men, 
 men  of  unfpotted  chara&ers  towards  God  and 
 their  natural  fovereign  ?  for  otherwife  they 
 Would  be  as  rotten,  corrupt  members,  unwor- 
 thy to  be  nourifh'd  by  the  heat  of  the  body  to 
 which  they  belong.  And  in  a  word,  what  is 
 more  equitable  than  to  hinder  the  inveftiture 
 of  one  from  being  the  ruin  of  another,  who 
 has  a  better  right  ?  All  thefe  confederations  are 
 fo  juft,  that  any  one  of  them  is  fufficient  to 
 juftify  the  whole  conduct  of  the  fenate  in  this 
 relpeót. 
 
 A>  to  the  precognizing  of  bifhops,  let  it  bef 
 only  remark'd,  that  'tis  a  cuflom  constantly  ob- 
 ferv'd  in  this  cafe  in  the  court  of  Rome  ;  and 
 
 il 
 
^The  Rights  of  Sovereigns.     287 
 
 if  it  be  admitted  there,  that  'tis  a  privilege  of 
 crown'd  heads  for  bifhopsto  be  precogniz'd  by 
 the  cardinal  protetìor  of  their  own  nation, 
 why  all  this  complaint  and  admiration  ,  that 
 the  mod;  ferene  republick,  which  ftands  in  the 
 fame  rank  with  crown'd  heads,  is  jealous  of 
 its  rights  in  this  circumftance ,  left  any  pre- 
 judice, be  (lily  done  to  the  prerogatives  annex'd 
 to  its  juft  title  of  royalty  ?  It  is  impoflible 
 to  be  too  much  upon  the  guard  againft  that 
 court,  who  fight  with  a  two-edg'd  fword,  that 
 cuts  all  ways,  ubi  bene^  nemo  mtlw. 
 
 To  this  it  may  be  added,  that  according  to 
 the  canons  every  new  bifliop  ought  to  pals  ex- 
 amination at  ~ko?ne.  Now  who  can  give  bet- 
 ter information  concerning  the  talents  of  pre- 
 lates eled,  than  their  countrymen  ?  This  feems 
 to  be  a  reafon  of  fome  weight,  unlefs  what  is 
 then  done  be  mere  ceremony  and  grimace  \  as 
 happens  in  abundance  of  other  cafes,  where 
 every  thing  is  decided,  not  fo  much  according 
 to  the  fpirit  of  the  law,  as  according  to  the 
 will  and  pleafure  of  the  holy  father. 
 
 But  in  all  this  complaint  of  the  court  of 
 Roftie,  I  don't  fee  where  they  are  really  hurt. 
 The  Pope  admits  to  examination  whom  he 
 pleafes  ;  the  examination  is  commonly  made  in 
 his  prefence,  and  the  precognition  is  afterwards 
 made  in  a  full  confiftory.  Does  not  the  whole 
 grievance  then  only  turn  upon  the  cuftom  of 
 the  republick,  becaufe  in  this  ceremony  they 
 aft,  like  crown'd  heads,  by  the  cardinal  pro- 
 testor 
 
288     The  Rights  of  Sovereigns- 
 
 tetìor  of  their  own  nation  ?  If  the  court  of 
 home  thiriks  fit  to  alter  this  cuftom,  of  which 
 the  repubi ick  is  in  poffeflion,  there  is  no  reafon 
 for  one  fovereign's  going  to  plead  in  the  domi- 
 nion^ of  another,  coniequently  he  is  in  the 
 right  to  defend  his  prerogatives  in  the  beft 
 manner  he  can  ,  which  may  be  done  by  pub- 
 lifhing  his  decrees  with  fuch  authority,,  that 
 they  may  be  executed  in  his  own  dominions, 
 inflead  of  £oin°  to  defire  the  concurrence  of 
 another  prince's  fuffrage.  In  good  truth,  who- 
 ever examines  the  matter  ftriotly,  and  without 
 paffion,  will  find  that  the  court  of  Rome  pores 
 too  clofe  upon  the  condud  of  the  republick, 
 which  they  ought  rather  to  view  thro1  a  per- 
 fpe&ive. 
 
 XL  That  the  Venetians  intermeddle  in  the 
 affair  of  penfiom,  which,  tho\already  eftablijlfd 
 and  approvd)  the  fecular  tribunal  grants  their 
 protection  to  debtors  who  refufe  to  pay  them. 
 
 It  cannot  be  deny'd  that  this  is  an  article 
 which  touches  the  favorites  of  the  court  of 
 tiome  in  the  mod  fenfible  manner  ;  but  it  does 
 not  follow  that  their  complaints  are  juft.Thofe 
 blefTed  penfions  are  the  rie  plus  ultra  of  all  their  ■ 
 defires.  They  are,  as  we  may  fay,  the  fource 
 of  a  large  deep  river,  whole  mighty  waters 
 form  the  great  fea  of  eccleiiaftical  riches.  T  here 
 are  befides  many  rivulets  ;  as  collations,  dif- 
 penlations,  annates,  induito's,  indulgences, 
 privileges,  and  leverai  others  that  have  no 
 name,  which  alfo  fend  their  waters  thither  ; 
 * .  but 
 
The  Rights  of  Sovereigns.     289 
 
 but  of  which,  fome  are  only  tranfient  in  one 
 fenfe,  tho'  in  the  main  they  are  always  running. 
 The  penfions  are  as  the  chief  corner  ftone  of 
 the  vifible  ftru&ure  of  that  monarchy,  which, 
 tho'  in  its  own  nature  altogether  fpiritual  and 
 metaphyfical,  affe&s  to  make  the  fenfes  wit- 
 neffes  of  its  grandeur,  and  always  prefers  a^ 
 real  mathematical  demonftration  to  one  which 
 is  diale&ic,  and  exifts  only  in  thè  imagination. 
 No  wonder  therefore  thofe  gentlemen  cry  out 
 fo,  when  they  are  touch'd  in  the  mod:  tender 
 part.  Their  complaint  is  divided  into  two 
 heads.  1.  Againft  the  intermeddling  in  the 
 eftablifliment  of  penfions.  And  2.  Againft 
 the  protecting  of  debtors  that  refufe  to  pay 
 thofe  that  are  already  approv'd. 
 
 The  republic  of  Venice  meddles  in  the  efta- 
 blifliment of  penfions  no  farther  than  to  ob- 
 lige the  perfons,  in  whofe  favour  they  are  grant- 
 ed, to  demand  being  put  in  pofleffion  of  their 
 temporal  right,  acquir'd  by  an  indulto  of  the 
 court  of  home,  to  the  eftates  of  any  benefice, 
 or  prelacy  ;  for  the  Pope  has  not  the  fame  pre^ 
 rogative  as  a  lay  fovereign,  to  put  the  bene- 
 ficed perfon  into  the  poffelfidn  of  the  temporal 
 part  of  his  benefice.  Now  the  privilege  of 
 putting  a  penfioner  in  pofleflion  of  his  penfion, 
 amounts  to  the  very  fame  thing  ;  otherwife, 
 if  the  one  was  pra&ifed,  and  the  other  not, 
 *tis  certain  that  the  court  of  Rome,  who  never 
 lofes  any  advantages  for  want  of  feeing  them, 
 would  foon  fwallow  up  nine  tenths  of  the  re- 
 
 [Part  II.  ]  U  venue 
 
2-9°    The  Rights  of  Sovereigns* 
 
 venue  oF  benefices,  by  giving  the  titles  thereof 
 to  fome  obfcure  perfons,  and  leaving  them  un- 
 der an  obligation  to  lay  princes  for  their  pof- 
 feflion  of  the  temporalities,  whilft  the  Pope 
 would  not  fail  to  aflign  exorbitant  penfions  to 
 perfons  of  greater  note,  and  his  holinefs's  chief 
 favourites,  who  by  that  means  would  poffefs 
 fuch  great  revenues,  without  the  leaft  depen- 
 dance  for  it  on  the  fovereign,  out  of  whofe 
 dominions  they  arife.  This  alone  is  enough  to 
 confirm  the  fovereign  in  his  refolution,  be- 
 fides  that  fuch  penfions  would  be  affign'd  to 
 foreigners  as  well  as  natives,  and  perhaps  more 
 to  the  former  than  to  the  latter  ;  fo  that  by 
 this  wife  piece  of  courtefy  they  would  eafily 
 triumph  over  the  fimplicity  of  the  laity.  For 
 this  reafon,  and  to  avoid  inconveniencies  that 
 may  happen  by  any  one's  enjoying  eftates  in 
 the  republic,  without  owning  their  dependence 
 oh  Venice^  the  fenate  has  prudently  oblig'd  all 
 that  have  revenues,  or  titles  to  any  benefices, 
 to  own  their  legal  and  natural  authority.  As 
 to  the  pretence  of  prote&ing  debtors  that  re- 
 fufe  to  pay  the  penfions  already  fettled  upon 
 the  temporalities,  of  which  they  are  put  in  pof- 
 feflion  ;  it  deferves  a  more  particular  conside- 
 ration, and  'tis  neceffary  that  we  paufe  a  whrle? 
 to  inquire  into  the  nature  of  thofe  penfions, 
 together  with  the  time  when,  and  the  end  for 
 which  they  were  eftabliih'd. 
 
 Penfions  are,  or  ought  to  be,  in  their  nature, 
 an  effect  of  chriftian  charity,  not  much  diffe- 
 rent 
 
The  Rights  of  Sovereigns.     291 
 
 rent  from  the  precept  of  giving  alms  ;  for  if 
 every  believer  is  oblig'd  by  the  gofpel  to  re- 
 lieve his  neceffitous  neighbour  with  part  of  his 
 fuperfluity,  how  much  more  is  a  beneficed 
 clergyman  bound  to  obey  our  lord's  command, 
 by  relieving,  with  part  of  his  revenues,  others 
 of  the  clergy,  who  want  neceffaries,  fince  he 
 came  gratis  to  the  poflèflìon  of  the  fame,  with- 
 out its  being  either  his  acquifition,  or  his  pa- 
 trimony ?  Now,  as  all  countries  are  not  alike 
 fruitful,  nor  all  men  equally  rich,  fo  all  the 
 prelates  have  not  the  fame  revenue.  But  the 
 obligations  of  chriftianity  are  the  fame  in  all 
 places,  and  require  all  mankind  univerfally  to 
 difchafge  the  duties  of  fathers  and  paftors  to- 
 wards all  believers,  and  towards  their  neigh- 
 bours, as  they  would  avoid  the  reproach  of  the 
 prophet,  who  faid,  The  little  ones  begged  breads 
 and  none  broke  unto  them  5  and  moreover,  Je-, 
 fits  Chrift  has  taught,  that  he  that  ferveth  dt  the 
 altar  ^  jhall  live  by  the  altar.  From  hence  it  fol- 
 lows, that  the  richeft  prelates  ought  to  relieve 
 the  moft  indigent  j  Which  is  doing  two  good 
 things  at  once,  viz.  taking  away  the  fuperfluity 
 of  one,  and  relieving  the  neceflity  of  the  other  ; 
 both  which  will  be  meritorious  of  falvation  to 
 thofe  who  fight  under  the  banner  of  Chrift. 
 
 At  firft,  there  was  no  bull  for  fettling  the 
 penfions  $  charity  alone  provided  for  the  necef- 
 fities  of  the  poor  clergy,  and  every  rich  pre- 
 late, of  his  own  accord5  inform'd  himielf  what 
 poor  prelates  were  in  his  neighbourhood,  and 
 
 U  2  imme= 
 
291     *77tf  Rights  of  Sovereigns. 
 
 immediately  relieved  them  as  far  as  in  confer- 
 ence he  thought  convenient.  But  time,  that 
 deftroys  all  things  fubjeft  to  its  revolutions,  by 
 degrees  caft  fuch  a  damp  upon  thofe  good  and 
 charitable  difpofitions,  that  in  order  to  animate 
 the  cool  zeal  of  fome  on  the  one  hand,  and  to 
 prevent  confufion  on  the  other,  left  one  perfon 
 fliould  have  all  the  charity,  and  others  be  left 
 to  ftarve,  it  was  found  abfolutely  necefTary  to 
 pafs  that  into  a  law  and  obligation,  which  was 
 at  firft  but  a  cuftom,  and  depended  purely  on 
 good  will.  The  eftablifliment  of  penfions  was 
 certainly  very  good,  if  it  had  not  in  fome  mea- 
 fure  had  the  fate  of  Lucifer,  who,  at  his  crea- 
 tion, poffefs'd  all  the  beauties,  all  the  perfec- 
 tions ,  of  which  a  creature  is  capable  ;  but 
 for  his  abufing  them,  became  the  type  of  all 
 faults,  and  of  deformity  itfelf  ;  and  this,  be- 
 caufe  he  tranfgrefs'd  the  end  for  which  he  was 
 created  and  endow'd  with  thofe  great  quali- 
 ties. The  fame  vice  is  common  in  all  things, 
 for  the  end  is  the  caufe  of  natural  caufes,  and 
 the  agent  moves  only  with  a  view  to  its  end  ; 
 from  whence  it  follows,  that  'tis  the  end  which 
 diftinguilhes  actions,  and  makes  them  either 
 good  or  bad.  For  example,  a  furgeon  and  a 
 ruffian  ufe  the  fame  means,  *viz.  wound- 
 ing, and  effufion  of  blood  ;  but  their  aótions 
 are  quite  different,  and  even  contrary  on  two 
 accounts,  the  manner,  and  the  end  ;  the  one 
 keeps  a  meafure  in  letting  out  the  blood,  and 
 has  for  its  end  the  prefervation,  or  rather  the 
 
 reftoration 
 
The  Rights  of  Sovereigns.     2  9  J 
 
 reftoration  of  health  ;  the  other  isfftinted  by 
 no  meafure,  and  has  for  its  end  nothing  but 
 definition  and  death  :  Therefore  the  one  is 
 good ,  the  other  dangerous  ;  the  one  lau- 
 dable, the  other  abominable.  If  our  penfions 
 now-a-days  were  as  well  laid  out,  as  formerly, 
 in  the  relief  of  ftarving  paftors  ;  and  if  care 
 was  taken,  at  the  fame  time,  to  over-rate  no 
 man  s  benefice  beyond  reafon  and  equity,  pen- 
 fions would  undoubtedly  have  all  the  merit 
 and  beauty  ftill  which  they  nad  at  their  origi- 
 nal inftitution  ;  nor  would  they  be  branded  as 
 icandalous,  and  held  in  abomination,  as  they 
 are  now,  but  commended  and  applauded. 
 
 In  the  facred  canons,  nothing  is  more  talk'd 
 of,  next  to  the  purity  of  faith,  than  the  frail- 
 ty of  prelates,  who  ought  to  be  examples  to 
 us  ;  and  it  muft  be  confefs'd  that  experience 
 tells  us,  they  have  a  very  ftrong  byafs  towards 
 riches.  If  thofe  riches  indeed  are  annexed  to 
 their  prelacy  'tis  well  enough  -,  for  'tis  expedient 
 that  fome  prelates  fhould  be  rich,  for  the  ho- 
 nour of  the  order,  and  for  the  advantage  of 
 religion  on  fome  accounts ,-  but  if,  with  all 
 their  riches,  they  imitate  the  leech,  which 
 gluts  itfelf  with  the  blood  of  others,  till  'tis 
 ready  to  burft,  there  is  no  bearing  with  fuch 
 conduét  ;  but  as  opportunity  offers,  there  will 
 be  an  abfolute  neceility  to  prevent  the  corrup- 
 tion from  growing  to  a  head.  'Tis  an  obfer- 
 vation  of  phyficians,  that  a  human  body  of  the 
 nioft  healthy  complexion,  which  is  in  perfeót 
 
 U  3  good 
 
Z94     The  Rights  of  Sovereigns. 
 
 good  order,  and  free  from  any  malignant  hur 
 mour,  is  in  much  danger,  from  a  too  great 
 fulnefs  gì  h.ood  Some  women  with  child, 
 i{  they  would  go  out  their  time,  ought  to  be 
 blooded  ;  whereas,  if  others  were  to  do  fo, 
 they  Vould  certainly  mifcarry  ;  for  what  would 
 be  dangerous  to  fome,  would  be  fafe  for  o- 
 thers,  in  whom  nature  has  fornrd  too  much 
 blood.  Remember  that  faying  of  the  yyife 
 Tittacus^  ncquid  nimis. 
 
 If  indeed  a  prelate  be  not  able  to  bear  the 
 weight  of  the  penfions  with  which  his  reve- 
 nues are  charg'd,  either  becaufe  the  harveft  is 
 bad,  or  becaufe  of  any  unforeleen  lofles,  or 
 extraordinary  expences,  and  the  creditor  in  the 
 mean  time  proceeds  to  a  fequeffration  of  all 
 his  revenues,  what  fliall  the  prelate  do  to  fup- 
 ply  his  cure,  unlefs  the  prince  affifts  him  by 
 taking  off  the  fequeflration  till  he  is  in  better 
 circumftances?  Venter  non  patitur  dilatiomm. 
 
 Every  heir  has  by  law  a  year's  time  allow'd 
 to  pay  legacies  ;  but  where  a  legacy  is  defign'd 
 to  keep  the  legatee  from  ftarvin'g,  the  heir  is 
 oblig'd  to  make  immediate  payment  of  it,  be- 
 caufe the  withholding  necelfary  fubfiftence,  due 
 to  him  that  wants  it,  is  the  fame  thing  in  ef- 
 fect as  putting  him  to  death.  How  is  it  poffi- 
 ble  for  a  poor  prelate,  that  muft  ferve  the 
 Church  with  a  decorum  fuitable  to  his  Digni- 
 ty, to  pay  certain  ftated  penfions  regularly  out 
 of  his  revenues,  when  his  laid  revenues  are  fo 
 uncertain  at  beft,  and  liable,  in  cafe  of  any  of 
 
 the 
 
The  Rights  of  Sovereigns.     1^5 
 
 the  aforefaid  accidents,  to  a  total  annihilation? 
 To  oblige  a  prelate,  in  fuch  a  cafe  as  this,  to 
 pay  penfions  of  this  kind,  before  he  lays  by  for 
 his  own  fubfiftence,   is  the  fame  thing  as  to 
 force  a  wretch  that  is  e'en  famifh'd,  to  hold 
 bread  in  his  hand,  and  not  to  eat  it.     Mofes 
 faid  in  the  law,  Thou  foalt  not  muzzle  the 
 mouth  of  the  ox  that  treadeth  out  the  corn.     If  a 
 prelate,  in  fuch  a  predicament,  has  recourfe  to 
 his  native  fovereign,  who  muft  be  fuppos'd  to 
 know  better  than  a  ftranger  the  nature  of  the 
 accidents  alledg'd,  and  whether  they  are  una- 
 voidable and  real,    fhall   not  the  fovereign 
 grant  him  an  abatement  of  the  penfion,  or 
 longer  time  to  pay  it  ?  I  imagine  that  the 
 gentlemen  of  the  court  of  Rome  will  have  two 
 anfwers  to  make  ;  one  relating  to  order,  the 
 other  to  merit  :  As  to  order,  they  will  be  apt 
 to  fay,  the  cognisance  of  affairs  of  this  fort  is 
 in  the  breaft  of  the  Pope,  that  illitis  eft  interpre- 
 tavi cujus  eft  condere,  i.  e.  he  who  makes  the  law 
 ought  to  explain  it  ;  that  no  body  fhould  pre- 
 fume  to  interpret  the  Pope's  bulls,  and  that  if 
 the  accidents  alledg'd  are  real,  the  Pope,  after 
 knowledge  of  the  caufe,  will  not  fail  to  re- 
 lieve the  petitioner.     But  to  this  I  return  the 
 fame  anfwer  I  have  often  given  already,  <Ò?zl 
 That  if  the  prelate  who  is  thus  aggriev'd,  ap- 
 plies to  the  Pope  for  an  abatement,  the  fenate 
 of  Venice  will  never  oppofe  him  ;  but  if  the 
 prelate  implores  relief  from  the  fenate,  it  can- 
 ,  not  be  expefted  of  them  that  they  fliould  de- 
 ll 4  ny 
 
196    T^he  Rights  of  Sovereigns. 
 
 ny  it  him.  The  fenate  know  better  what  be* 
 longs  to  the  rights  of  fovereignty  than  to  com- 
 mit fuch  an  error,  and  they  are  punctual  to  a 
 nicety  in  difcharging  the  moft  indifpenfable  ob- 
 ligations of  government.  The  complaint  is 
 of  more  confequence  to  the  prelate  who  ap- 
 peals, than  to  the  fovereign  to  whom  he 
 makes  it  ;  but  if  I  may  be  allow'd  to  fpeak 
 my  mind,  I  muft  own  in  confcience  that  I 
 think  fuch  prelate  has  very  good  realon  to  de- 
 cline his  appeal  to  Rome  ;  for  he  would  be 
 grofly  miftaken,  if  he  thought  that  whatever 
 right  he  had,  confidering  the  unexpected  mif- 
 fortunes  fallen  upon  him,  he  would  find  any 
 relief  from  the  court  of  Rome,  who  are  per- 
 fuaded  'tis  their  intereft  not  to  authorize,  by 
 <iny  example,  the  opinion  of  thole  who  al- 
 ledge  that  penfions  are  capable  of  alteration. 
 Mean  time  the  court  of  Rome  reckon  this  an 
 obligation  fo  indifpenfable,  tffat  whoever  does 
 not  perform  it,  muft  never  hope  for  preferment, 
 tho'  he  has  all  the  talents  for  an  illuftrious  pre- 
 late ;  infomuch,  that  if,  when  a  perfon  pafTes 
 bis  examination  for  the  dignity  of  a  cardinal, 
 any  one  charges  him,  or  any  of  his  affociates, 
 \vith  difobedience  in  this  refpeft,  'tis  enough 
 to  exclude  him  for  ever  from  the  purple.  I 
 don't  wonder  therefore  at  any  one's  refufing  to 
 plead  before  a  court,  which  is  both  judge  and 
 party  at  the  fame  time.  Let  it  not  be  urg'd 
 that  the  Pope  is  judge,  and  not  the  courtiers  $ 
 for  'tis  very  well  known  that  the  Pope  fcarce  t 
 
 ever  ' 
 
The  Rights  of  Sovereigns.     197 
 
 ever  judges  in  this  matter,  but  delegates  com- 
 miffioners,  and  that  if,  in  cafes  of  very  great 
 importance,  he  happens  to  give  judgment  him- 
 ielf,  he  always  depends  upon  the  report  of  his 
 courtiers  in  the  commiffion  ;  and  when  they 
 cannot  fucceed  otherwife,  they  fpin  out  fo 
 much  time  in  trying  new  projetìs,  or  expe- 
 dients, as  eats  up  more  than  the  profit  of  the 
 revenue,  and  very  often  the  party  dies  before 
 he  obtains  a  verdift. 
 
 The  other  objedion  I  am  aware  of  from 
 that  quarter  is,  that  all  the  pretences  for  not 
 paying  penfions  are  feign'd,  becaufe  penfions 
 are  never  granted  but  upon  fuch  overplus  of 
 the  revenues  of  a  bifhoprick,  or  other  prelacy, 
 as  is  more  than  fufficient  to  maintain  the  pre- 
 late,- and  that  a  penfion  is  never  afcertain'd, 
 without  due  regard  had  to  contingencies,  that 
 may  happen  either  by  bad  feafons,  or  other- 
 wife  ;  from  whence  it  is  evident,  that  avarice, 
 and  not  neceffity,  furniflies  the  debtor  with 
 pretences  to  refufe  payment  of  the  penfions. 
 This  is  what  they  fay  ,  and  if  true,  the  pre- 
 tence of  penfions  would  fall  to  the  ground  ; 
 the  conditions  indeed  would  be  obferv'd,  and 
 nothing  would  be  wanting,  but  to  re&ify  the 
 end  of  them,  by  granting  them  only  to  ne- 
 ceffitous  prelates,  inftead  of  rich  ones,  and 
 fometimes  even  to  the  laity.  But  'tis  one 
 thing  to  aflfert,  and  another  to  prove.  For 
 this  reafon,  fay  I,  the  Council  of  Trent  made 
 an  order  that  penfions  fhould  not  be  rais'd  up- 
 on 
 
298     The  Rights  of  Sovereigns. 
 
 on  bifhops  that  had  not  above  a  thoufand  du- 
 cats revenue,  or  curates  that  had  but  five 
 hundred  ;  a  remedy  which  needed  not  to  have 
 been  prefcrib'd,  if  the  evil  it  was  propos'd  to 
 cure  had  not  been  poilible  in  rerum  natura.  But 
 from  {fence  it  follows,  that  a  penfion  of  a  thou- 
 fand nine  hundred  crowns  may  be  rais'd  upon 
 a  biihop,  who  has  a  revenue  of  twenty  thou- 
 fand. Were  the  government  of  Venice  to  be 
 the  ftandard,  if  the  bifhop  of  Padua  had  not 
 above  a  thoufand  ducats  for  his  maintenance, 
 the  rank  of  his  fee  would  indeed  give  him  the 
 preference  to  the  biihop  of  Caorle  -,  but  the  lat- 
 ter would  be  counted  the  more  wealthy  man, 
 tho'  his  revenue  be  but  fix  hundred  ducats; 
 the  rea  fon  is  this,  becaufe  the  ex  pence  ought 
 to  be  proportion'd  to  the  city,  clergy,  and  peo- 
 ple. Therefore  I  think  it  muft  appear  very 
 unjuft  that  the  biihop  of  Padua  fliould  be 
 ftript,  by  this  means,  of  the  20th  part  of 
 his  revenues,  while  I  frankly  own  it,  as  my 
 opinion,  that  the  revenue  of  the  bifhop  of  Ca- 
 crle  ought  to  be  augmented  with  three  or  four 
 hundred  crowns.  But  without  pretending  to 
 aftrology,  I  can  divine  that  the  firft  cafe  will 
 come  to  pafs  fooner  than  the  fecond.  If  there- 
 fore the  firft,  or  what  comes  up  near  to  it, 
 ihould  happen  to  be  the  cafe,  and  the  prelate 
 fhould  invoke  the  fovereign  for  relief,  I  verily 
 believe  that  the  prince,  befides  the  common 
 obligation  on  him  to  do  juftice,  would  be 
 fway'd  by  the  motive  of  felf-intereft  not  to 
 
 fuffer 
 
The  Rights  of  Sovereigns.     299 
 
 fuffer  the  ruin  of  his  moft  eminent  prelacies, 
 and  to  let  his  bifhops  be  reduc'd  to  want  for 
 the  fake  of  inriching  another  that  was  wealthy 
 before,  and  of  making  two  bifhops  over  one 
 bifhoprick  ;  the  one  to  receive  the  revenues, 
 and  the  other  to  fupport  the  charge  of  it. 
 
 If  one  were  to  confider  the  invincible  byafs 
 of  the  prefent  age  to  penfions,  it  muft  be 
 own'd  that  in  ancient  days  people  were  much 
 more  frugal  and  moderate,  which  proceeds  in- 
 deed from  a  canon  of  the  Council  of  Trenti 
 but  without  any  fault  of  the  law-makers.  The 
 good  fathers  of  that  Council ,  among  their 
 many  decrees,  made  one  of  the  befl:  concerted, 
 and  moft  juft  that  could  be  in  pofitive  law, 
 which  was  a  prohibition  that  no  body  fliould 
 poflefs  more  than  one  bifhoprick,  or  benefice, 
 with  cure  of  fouls,  at  one  and  the  fame  time. 
 In  the  days  of  old,  it  was  a  very  ill  cuftora 
 for  a  prelate  to  be  fet  over  feveral  Churches, 
 and  a  bifliop  over  feveral  Diocefes,  a  thing  al- 
 together as  abfurd,  as  for  a  man,  who  pretends 
 to  be  a  chriftian,  to  have  more  wives  than  one 
 at  a  time.  This  irregularity  gave  caufe  for 
 that  laudable  precaution  contain'd  in  the  ca- 
 non, which  has  contributed  fo  much  to  the  ad- 
 vantage of  the  Church  and  people,  and  been 
 obferv'd  fo  much  more  inviolably  than  all  the 
 others  ;  for  no  bull  has  yet  been  difpatch'd 
 contrary  to  it  with  the  claufe  non  obftantibus. 
 But  fee  now  to  what  drifts  fome  men  have  re- 
 courfe  for  evading  this  law,  either  in  whole, 
 
 or 
 
300     The  Rights  of  Sovereigns. 
 
 or  in  part  !  As  to  the  prohibition  of  poflefluig 
 feveral  Sees  at  once,  they  make  up  for  it,  or 
 rather  evade  it,  by  having  only  one  in  pofTeffion, 
 but  by  enjoying  the  revenues  of  feveral  added 
 to  it  by  way  of  penfion.  And  from  hence 
 it  conies  to  pafs  that  there  are  few  prelacies 
 with  handibme  revenues,  that  can  efcape  be- 
 ing, as  it  were,  moth-eaten  by  penfions,  un- 
 lefs  fuch  prelacy  be  in  the  hands  of  fome  per- 
 fon  of  credit.  This  therefore  is  another  juft 
 motive  for  the  Venetian  Government  to  op- 
 pofe  art  with  art,  in  cafes  that  require  their 
 affiftance,  and  is  a  farther  justification  of  their 
 granting  protection  to  thofe  that  implore  it. 
 
 XII.  1  hat  the  ordinaries  of  places  are  hinder  d 
 from  fulminating  excommunication,  in  cafes  pre- 
 ferii d  by  the  Canons.    And, 
 
 XIV.  That  fchifmatics,  heretics,  whore-mon- 
 gers, and  ufurers,  are  fufferd  to  Ifae  quietly 
 and  peaceably  at  Venice,  while  the  prelate  is 
 not  permitted  to  excommunicate  them,  or  to  pu- 
 nijh  them  in  any  other  way. 
 
 The  near  affinity  betwixt  thefe  two  com- 
 plaints, and  our  averfion  to  trouble  the  reader 
 with  vain  repetition,  have  engag'd  us  to  make 
 but  one  article  of  both  ;  the  rather,  becaufe 
 there's  no  treating  of  the  one  without  touch- 
 ing on  the  other.  We  cannot  well  inquire  in- 
 to the  reafons  why  the  ordinary  is  hinder'd 
 from  fulminating  excommunication  againft  the 
 laity,  till  we  have  examin'd  the  crimes  for 
 which  thofe  excommunications  are  iffu'd.  And 
 
 in 
 
The  Rights  of  Sovereigns.     30 1 
 
 in  the  firft  place  we  will  lay  down  this  for  the 
 principle  of  our  anfwer  to  thefe  complaints. 
 That  -at  Venice  the  lecular  tribunal  has  always 
 been  confider'd  as  the  only  one,  appointed  by 
 God  himfelf  in  this  fiate,  to  do  juftice,  and 
 to  diftribute  rewards  and  punifliments.     The 
 Venetians  don't  admit  of  the  diftinfiion  made 
 by  the  Court  of  Rome,  that  a  man  who  is  born 
 the  fubjeft  of  one  fovereign  prince,  can,  upon 
 any  confederation,  become  the  fubjetì  of  ano- 
 ther 5  for  at  this  rate,  a  fubjeci  is  made  the 
 fubjeét  of  another  fubjeft,  whenever  his  bifliop 
 happens  to  be  in  the  lift  of  the  iubje&s  born 
 within  the  fame  dominions.Whoever  looks  into 
 the  gofpel,  will  find  that  the  apoftles  gave  the 
 name  of  flock  to  the  company  of  the  faithful, 
 and  that  of  fhepherd  to  the  ecclefiaftic  fupe- 
 rior.     St.  Peter,  when  he  puts  fubjecis  in  mind 
 of  obedience  to  their  temporal  fovereign,  ad- 
 dreiTes  himfelf  both  to  laity  and  clergy.     Ser- 
 vants, be  obedient  to  your  mafters  with  fear  and 
 trembling.     All  that  obey  another,  are  not  his 
 fubjecis  in  a  firift  and  proper  fenfe  ;  arid  tho*  a 
 degree,  which  has  another  fuperior  to  it,  may 
 feem  to  imply  a  fort  of  fubje&ion,  'tis  analogicex 
 and  not  unhoce.     Thus  in  the  coeleftial  hie- 
 rarchy, the  archangel  carries  the  commands  of 
 God  to  an  inferior  angel  ;  but  this  does  not 
 imply,  that  an  angel  of  the  loweft  choir  is 
 fubjec~t  to  any  of  the  higheft.  In  a  monaftery  a 
 prior  commands  his  monks,  whom  he  calls  his 
 fubje&s,  but  very  improperly  ;  for  they  are  not 
 
 N    his 
 
%ol     The  Rights  of  Sovereigns. 
 
 his  fubje&s,  but  his  brethren  in  the  fame  obli- 
 gations of  monaftical  difcipline,  only  with  this 
 difference,  that  'tis  the  bufinefs  of  the  prior 
 alone  to  fee  the  rules  thereof  obferv'd.  'Tis 
 the  cuftom  "now-adays  for  bifliops  and  pre- 
 lates of  any  orders,  to  give  their  diocefans,  or 
 monks,  the  title  of  fubjetìs.  Perhaps  it  arofe 
 at  the  fame  time  when  the  Popes  firft  affum'd 
 the  title  of  Sovereign  Pontiffs,  forgetting  the 
 old  appellative  of  a  bilhop,  Servant  of  the  Ser- 
 vants of  God.  It  may  be  the  gentlemen  of  the 
 court  of  Rome  will  here  be  apt  to  think  that  I 
 feek,  by  favour  of  this  axiom,  to  retraft  what 
 I  have  fo  often  own'd  in  this  treatife,  viz.  that 
 there  are  very  many  cafes  in  which  laymen  are 
 fubjeót  to  ecclefiaftic  jurifdidion  ;  but  if  they 
 fiiould  think  fo  of  me,  they  will  be  quite 
 tniftaken,  and  I  know  that  a  difputant  can  do 
 nothing  worfe  than  to  expofe  himfelf  to  the 
 lafli  of  his  own  arguments.  I  do  not  deny 
 what  I  have  confefs'd,  but  am  for  examining 
 into  the  true  notion  we  ought  to  have  of  a 
 fubjetì.Iknow  very  well  that  the  laity  may  be 
 guilty  of  crimes  which  are  cognizable  by  the 
 ecclefiaftical  tribunal,  but  I  will  not  own  that 
 they  thereby  become  its  fubje&s.  Let  it  not 
 be  faid  that  this  is  a  difpute  about  words,  for 
 'tis  a  necefTary  diftindion,  to  which,  it  muft 
 be  remember'd,  I  have  already  faid,  recourfe 
 ought  certainly  to  be  had  in  thefe  cafes,  other- 
 wife,  if  this  point  were  to  be  given  up,  it 
 would  be  needlefs  to  difpute  the  reft  with 
 *  them  2 
 
The  Rights  of  Sovereigns.     30$ 
 
 them  :  Therefore  1  repeat  it  ;  if  it  be  true, 
 that  all  who  are  in  fonie  refpeóts  under  a  pre- 
 late's jurifditìion,  are  eflfentially  his  fubjeéb, 
 it  would  follow  unavoidably  that  he  might  le- 
 gally proceed  againft  them  for  all  manner  of 
 crimes,  and  it  would  be  a  crying  injuftice,  if 
 the  fovereign  fhould  go  about  to  violate  that 
 liberty.  Let  us  now  pafs  to  the  examination 
 of  the  particular  offences  mentioned  in  the 
 complaint  : 
 
 As  to  the  mod  heinous  and  enormous  in  the 
 whole  catalogue,  *\ÀZ.  herefy,  I  agree  that  it 
 comes  within  the  verge  of  the  ecclefiaftical 
 court.  The  government  of  Venice  never  took 
 cognizance  of  a  crime  of  this  kind,  which  is 
 quite  out  of  the  laity's  ken  ;  and  the  fecular 
 tribunal  neither  ought,  nor  can  penetrate  into 
 the  feveral  degrees  of  herefy  ;  becaufe,  to  make 
 this  difcovery,  'tis  necefTary  to  compare  the 
 dotìrine  of  faith  with  the  external  marks  of 
 herefy  given  by  the  perfon  accus'd.  This  is 
 an  examination  by  no  means  fit  for  a  layman  ta 
 make  ;  befides,  in  order  to  be  a  judge  of  this 
 crime,  'tis  neceiliry  for  the  judge  to  have  good 
 atteftations  from  fome  public  academy ,  that 
 he  is  an  able  divine.  This  knowledge  may  fall 
 to  the  fliare  of  fome  private  perfon,  but  a  tem- 
 poral prince  would  be  never  the  better  for  it. 
 Therefore  I  have  reafon  to  perfift  in  my  opi- 
 nion, that  crimes  of  this  kind  come  before  the 
 fpiritual  court  de  jure  &  d7  fàffò  ;  and  it  was 
 for  this  in  particular  that  the  Pope  eftablifli'd 
 
 the 
 
£04     The  Rights  of  Sovereigns. 
 
 the  tribunal  of  the  inquifition,  which*  as  Oc-* 
 cafion  requires,  not  only  condemns  the  guilty 
 to  fpiritual  penance,  but  even  to  corporal  pu- 
 nifhment.  Indeed  it  does  not  inflitì:  excom- 
 munication, becaufe  recourfe  ought  not  to  be 
 had  to  it  for  a  crime  already  confummated, 
 tinlefs  the  criminal  be  obftinate  and  contuma- 
 cious. But  if,  on  the  other  hand,  a  man  who 
 has  been  convitìed  of  herefy,  either  in  his  dif- 
 courfe,  belief,  or  actions,  repents  of  his  crime, 
 I  grant  that  he  may  be  punifti'd  corporally, 
 but  not  driven  from  the  unity  of  the  Church 
 by  excommunication  ,•  fo  far  from  it,  that  if 
 he  be  already  excommunicated,  he  fliould  be 
 reftor'd  to  the  Church,  which  ought  to  imitate 
 the  example  of  God,  who  punifhes  the  great- 
 eft  finners  by  the  death  of  the  body,  and  not 
 by  the  deftrutìion  of  the  foul.  And  as  foon 
 as  a  finner  repents  of  his  herefy,  the  com- 
 plaints ought  to  ceafe,  that  which  was  the 
 caufe  thereof  being  remo v'd. 
 
 As  to  fchifmatics,  the  complaint  on  their 
 account  can  only  concern  the  Greeks,  who  have 
 that  name  given  them  by  the  court  of  Rome.  I 
 .fliall  only  bring  one  argument  to  refolve  the 
 whole  difpute.  If  the  lay  tribunal  of  Venice 
 fhould  fuffer  the  prelates  to  inflid:  corporal  pu- 
 nifhment  on  thofe  they  call  fchifmatics,  would 
 not  they  thereby  help  to  ruin  and  deftroy  their 
 own  fubjeóts  ?  for  the  Greek  religion  being  re- 
 ceived in  a  great  part  of  the  dominions  of  the 
 republic,  thofe  of  that  Church  would  be  ob-. 
 
The  Rights  of  Sovereigns.     305 
 
 ìig  d  always  to  fhun  the  face  of  their  natural 
 fovereign,  if  they  could  not  come  to  Venice 
 without  the  danger  of  imprifonment,  or  ba- 
 nifhment,  for  their  different  opinions.  Now, 
 as  the  difcuffion  of  this  difference  does  not  lie 
 before  a  temporal  fovereign,  fo  he  ought  not 
 to  tyrannize  over  the  confciences  òf  his  fub- 
 je&s,  and  thereby  provoke  them  to  go  and 
 live  under  the  Tid%  for  the  fake  of  enjoying 
 liberty  of  confcience.  Therefore  we  muff 
 pray  to  God  to  remedy  this  diforder,  who,  as 
 he  has  founded  and  built  his  Church,  both  can 
 snd  will  repair  and  rettore  it  to  its  primitive 
 luftre,  in  the  time  appointed  by  his  eternal 
 decrees, 
 
 As  to  that  part  which  relates  to  whoremon- 
 gers and  ufiirersj  it  requires  a  more  particular 
 confederation.  Thefe  two  crimes  are  fome  of 
 thofe  which  ought  to  be  refer'd  to  God's  tribu- 
 nal at  the  day  of  judgment.  Indeed  there  are 
 few  or  no  crimes  deem'd  as  fuch  by  the  judges 
 of  the  earth,  which  will  not  be  criminal  in 
 like  manner  before  God's  tribunal,  becaufe  ci- 
 vil laws  are  founded  in  the  main  upon  the  law 
 or  nature  and  the  decalogue  ;  but  it  does  not 
 thence  follow  that  every  atìion,  which  is  fin  be- 
 fore God,  is  puniihable  by  a  humane  tribunal, 
 unlefs  in  cafe  of  immediate  injury  done  to  one  s 
 neighbour,  tò  which  niuft  be  added  crimes 
 that  direftly  attack  the  divinity  ;  as  blafphemy, 
 which  contains  an  infult  upon  God,  and  fcan- 
 dal  to  our  neighbour,  and  consequently  calls 
 
 [Part  It]  %  for 
 
30(5     The  Rights  of  Sovereigns. 
 
 for  twofold  punifhment  ;  one  in  this  life,  on 
 the  part  of  human  juftice  ;  and  alter  death, 
 eternal  damnation  by  the  judge  of  heaven. 
 
 We  return  to  examine  what  is  meant  by 
 whoredom  and  ufury.  Ufury  offends  one's 
 neighbour,  becaufe  by  wicked  arts  it  feizes  on 
 the  eftates  of  others  with  rapacity  and  avarice. 
 'Tis  a  crime  altogether  fubjetì  to  the  temporal 
 court,  whofe  judge  will  be  qualify 'd  to  know 
 as  much  of  it,  as  is  neceffary,  by  the  law  and  his 
 cwn  ftudy;  and  to  pretenjJ  that  'tis  a  crime 
 cognizable  by  the  ecclefiaftic  court,  becaufe  it 
 offends  the  juftice  of  God,  and  does  injury  to 
 one's  neighbour  ;  this  is  fo  general  a  reafon, 
 that  it  would  fubjed.  the  cognizance  of  all 
 crimes,  how  fecular  foever,  to  the  fpiritual  tri- 
 bunal. Confequently,  were  it  to  be  admitted, 
 there  would  be  nothing  more  to  do  than  to  ac- 
 knowledge  the  fpiritual  tribunal  for  fovereign 
 in  Venice^  as  well  as  at  Rome  ;  but  the  Vene- 
 tians are  not  yet  fo  dim-fighted  as  not  to  fee 
 the  coniequence.  They  have  a  magiftrate  on 
 purpofe  to  take  cognizance  of  all  contracts  of 
 ufury,  and  to  do  juftice  to  the  fufferers ,-  for  if 
 they  Ihould  punifh  any  as  public  ufurers, 
 without  better  proofs  than  appearance  and 
 common  fame,  they  might  eafily  be  deceiv'd, 
 becaufe  none  but  God  can  judge  without  the 
 help  of  witneffes  and  proof. 
 
 As  to  whoredom,  'tis  a  crime  that  offends 
 one's  neighbour  only  by  ill  example,  juft  as 
 fimony,  at  which  every  one  is  moft  certainly 
 
 fcan- 
 
The  Rights  of  Sovereigns.     3  07 
 
 fcandaliz'd,  who  fees  it  in  a  prelate.  If  every 
 crime  a  man  commits  againft  his  confcience, 
 whereby  he  (hews  an  ill  example,  were  to  be 
 punilli'd  with  corporal  punifliment  ,  there 
 would  be  a  neceflity  for  eftablifliing  a  perpe- 
 tual tribunal,  which  would  have  bufinefs  more 
 than  enough  ;  for  every  evil  aólion  carries  an  ill  ' 
 example  along  with  it,  and  every  fin  is  an  evil 
 atìion  ;  from  whence  it  will  follow,  that  the 
 whole  world  would.be  the  prifon  of  fuch  tri- 
 bunal, and  the  judge  of  it  himfelf  would  not 
 be  free  from  cenfure  ;  for  a  man  fcarce  holds 
 his  integrity  more  than  feven  years.  But 
 this  would  be  a  feverity  not  to  be  parallel'd, 
 either  in  the  law  of  Mofet,  or  that  of  Jefus 
 Chrifi.  As  foon  as  Adam  finn'd,  he  was  only  ' 
 threatned  with  death  ;  which,  if  we  under- 
 ftand  of  the  body,  was  deferr'd  930  years; 
 and  if  of  death  eternal,  he  triumphed  over  it 
 by  his  repentance.  Frailty  is  one  thing,  ma- 
 lice another  ;  and  tho'  there  is  no  frailty  where 
 there  is  not  fome  fmall  tinture  of  malice,  yet 
 malice,  properly  fpeaking,  is  that  which  di- 
 reóìly  attacks  the  almighty  power  of  God  with 
 an  impenitent  heart.  We  at  Venice  admit  of  a 
 dottrine  which  the  court  of  Rome  cannot  com- 
 prehend, tho'  it  be  confirm'd  by  numberlefs 
 experiences,  viz»  that  brotherly  corre&ion  is 
 more  effectual,  than  the  fword'of  juftice,  to 
 bring  back  thofe  that  have  gone  aftray,  and 
 that  good  examples  reform  more  than  all  pu- 
 nifhments  ;  magis  movent  exempla  quam  verba. 
 
 X  2  St.  An- 
 
308     Hoe  Rights  of  Sovereigns. 
 
 St.  Augufthy  while  he  was  a  monk,  refoVd 
 one  day  to  go  and  preach  thro*  the  city  ;  accord- 
 ingly he  took  his  hood,  and  having  only  walkTd 
 about  with  his  companion  till  night,  he  then 
 rewind  to  his  convent.  Upon  this  his  compa- 
 nion took  the  freedom  to  ask  him  why  he  did 
 not  preach.  I  did  preach  fufficiently,  fays  he  ; 
 and  this  was  reaLly  true  ;  for  the  life  of  that 
 holy  man  did  as  much  good  as  his  preaching, 
 becaufe  he  fhew'd  forth  temperance  and  good 
 manners,  by  his  example,  to  that  degree,  that 
 the  people  were  more  edify 'd  and  convince! 
 by  fuch  his  filent  way  of  preaching,  than  if 
 they  had  been  ftated  auditors  of  labour'd,  po- 
 liih'd  harangues. 
 
 Experience  fufficiently  demonftrates,  that 
 this  mild  treatment  at  Venice  brings  a  greater 
 number  of  ftragglers  into  the  pale  of  the 
 Church,  and  to  the  exad  obfervation  of  dilci- 
 pline,  than  the  feverity  us'd  in  other  govern- 
 ments, which  proceed  to  excommunication 
 and  imprifonment  againft  the  difobedient  ,•  be- 
 fides,  that  this  feverity  gives  ground  for  hy- 
 pocrify  ;  for  when  the  impenitent  find  them- 
 felves  in  danger  of  excommunication,  they 
 will  do  all  they  can  to  avoid  fuch  a  brand  of 
 infamy,  and  render  themfelves  ftill  more  guil- 
 ty before  God,  by  approaching  his  altar  with- 
 out preparation  ,  and  for  another  end  than 
 merely  to  fave  their  fouls.  Medicine,  if  taken  in 
 time,  is  wholelome ,  othecwife  'tis  poifon. 
 Every  one  of  our  faviour's  anions  ought  to  be 
 
 a  leffon 
 
The  Rights  of  Sovereigns.     309 
 
 a  leflbn  to  us.     He  fet  a  fiiherman  at  the  head 
 of  his  Church,  and  not  a  huntfman  ;  becaufe 
 the  one  ufes  thole  murdering  inftruments  the 
 gun    and    fpear,     the  other  the  net.     The 
 difciples  having   toiled  a  fiihing  one  whole 
 night,  and  taken  none,   Chrifl  bade  them  caft 
 their  net  on  the  right  fide  of  the  ftiip,  and  im- 
 mediately they  had  a  great  draught.     Both 
 thefe  inftances  teach  us,  that  a  (inner  mu ft  be 
 taken,  but  not  put  to  death  $  and  that  he  muft 
 be  catch'd  with  art,  and  not  with  violence  : 
 At  Venice  therefore  a  prelate  never  proceeds 
 to  excommunicate  thole  who  refufe  to  come 
 to  the  holy  table  of  the  paffover,  left  one,  who 
 Ì5  already  a  fornicator,  ftiould  become  guilty 
 of  facrilege  $  for  if  an  article  of  faith,  decide^ 
 by  the  council  of  Trent,  is  true,  viz.  That  the 
 ungodly  cannot  be  juftify'd  without  prevent- 
 ing grace,  this  grace  is  not  in  all  thè  power  of 
 man  to  beftow,  whether  by  rewards  or  pu- 
 niftiments. 
 
 XIII.  That  if  any  one,  having  a  call  from  the 
 fpirit,  takes  upon  him  the  religious  habit,  they  f  re- 
 fume  to  expel  him  upon  the  leaft  complaint  of  his 
 parents,  on  pretence  of  bis  being  fedite  d  ;  and 
 when  any  one  is  left  in  a  monaftery,  the  parents 
 are  authorized  to  keep  his  e  fiate. 
 
 When  the  apoftie  St.  Bartholomew 
 preach'd  the  gofpel  to  the  Indians,  the  king 
 lent  for  him  to  cure  his  daughter,  who  was 
 poffefs'd  with  a  devil.  The  Bracmans  had 
 try'd  their  skill  a  long  time  in  vain;  but  the 
 
 X  3  holy 
 
3 1 0     TTse  Rights  of  Sovereigns. 
 
 holy  apoftle  only  commanded  the  evil  fpirit, 
 in  the  name  of  Jefcs,  to  depart  out  of  her, 
 and  accordingly  he  left  her.  This  was  very 
 pleaCng  to  the  king's  officers,  and  was  not  on- 
 ly a  comfort  to  the  king,  but  fili'd  him  with 
 admiration  of  the  deity,  which  was  newly 
 preach'd  to  him  ;  neverthelefs,  he  was  not 
 converted  :  However,  to  fhew  his  gratitude 
 to  St.  Bartholomew,  he  gave  him  a  great  deal 
 of  gold  ,-  but  the  divine  apoftle  convine'd  him 
 that  he  did  not  defire  riches,  but  that  he  ex- 
 pected a  much  greater  reward,  <yiz.  that  he 
 would  make  a  prefent  of  his  foul  to  Jefus 
 CMftj  who  would  take  great  care  of  it  in 
 this  life,  and  commit  it  at  laft  in  glory*  to 
 eternity.  The  king,  charm'd  with  his  noble 
 fpirit,  believ'd,  and  was  baptiz'd  -,  and  tho' 
 born  in  a  country  where  there  was  an  annual 
 harveft  of  gold,  he  thought  the  contempt  of 
 worldly  goods  was  a  more  certain  proof  of  the 
 truth  of  the  new  dc&rine,  than  even  tile  work- 
 ing of  miracles,  and  cafting  out  devils.  Du- 
 ring the  Babjlcmijh  captivity,  Daniel  the  pro- 
 phet obferving  the  blindnefs  of  thofe  people, 
 in  trufting  in  their  falfe  gods,  often  endeavour'd 
 to  convince  them  of  their  folly.  Thofe  ignorant 
 wretches,  to  prove  the  divinity  of  their  pre- 
 tended deities,  told  him  that  their  king  fent 
 every  day  into  the  temple  forty  flieep,  kvQn 
 oxen,  a  great  quantity  of  bre:.d  and  wine,  and 
 that  tho'  the  gate  was  then  iiiut,  and  lea-led 
 
 with 
 
The  Rights  of  Sovereigns.     311 
 
 with  the  king's  feal,,  yet  next  day  in  the  morn- 
 ing to  be  fure  all  was  confum'd.  Daniel  could 
 not  help  fmiling  at  fuch  a  proof  of  a  godhead 
 as  this  was,  and  faid,  that  was  rather  an  attri- 
 bute of  a  wolf,  and  not  of  a  true  God,  who 
 has  no  paunch  to  fill,  nor  no  occafion  to  feed. 
 They  are  your  priefts,  fays  he,  who  live  upon 
 thofe  victims,  who,  being  as  arrant  cheats  as  the 
 idols  they  worfhip,  knavifhly  rob  the  altars  of 
 the  facrifice.  Therefore,  having  fcatter'd  allies 
 privately  upon  the  pavement  of  the  temple,they 
 difcover'd  the  footfteps  that  led  to  the  den, 
 thro'  which  the  priefts  enter'd  privately  in  the 
 night,  and  ftole  away  the  offerings,  with  which 
 they  plentifully  maintained  their  families. 
 
 St.  Ignatius,  the  mod  pious  founder  of  the 
 fociety  of  Jefus,  gave  an  inftruftion  to  the  Je- 
 fuit  Cojlnws  Torres,  travelling  to  Japan,  which 
 might  ferve  as  a  gofpel  and  rule  to  all  clergy- 
 men, efpecially  the  regular  friers.  The  fub- 
 ftance  of  which  inftruélion  was,  to  fubdue  their 
 paffions,  to  throw  off  all  felf-intereft,  and  efpe- 
 cially never  to  touch  the  alms  of  believers  to 
 the  poor  ;  becauie,  faid  he,  'tis  almoft  impof- 
 fible  to  touch  pitch,  and  not  be  defil'd  there- 
 with. This  holy  manus'd  to  fay,  that  if  he 
 had  but  four  companions  entirely  difengag'd 
 from  felfifii  views,  he  would  not  defpair  of  con- 
 verting the  whole  world  ;  for  he  faw  that  this 
 virtue  had  every  body's  good  word,  but  that 
 very  few  praótis'd  it. 
 
 X  4  The 
 
5 1 1     The  Rights  of  Sovereigns. 
 
 The  Tloreniims  were  fo  edify'd  by  the  good 
 example  of  their  countryman  Philip  de  Nery^ 
 that  one  of  his  kinfmen,  who  was  very  rich, 
 offer'd  to  make  him  his'  heir  -,  but  he,  good 
 man  !  tho'  ty'd  to  no  order,  nor  no  monadic 
 vow,*  thanked  his  generous  kinfman,  refufed 
 the  offer,  and  advis'd  him  to  find  out  an  heir 
 of  another  temper,  who  would,  no  doubt,  ve- 
 ry gladly  accept  it.  All  thefe  remarks  muft 
 (atisfy  the  wife  reader,  that  religion  and  riches 
 are  by  nature  quite  incompatible,  tho',  for  cer- 
 tain reafons,  they  are  fometimes  permitted  to 
 go  together.  I  myfelf,  who  affirm  this  fo  po- 
 fitively,  cannot  fay  I  am  altogether  free  from 
 cenfure  in  this  refpetì.  I  was  form'd  of  the 
 fame  clay  as  the  reft  of  mankind,  which,  tho* 
 never  fo  much  feafon'd  in  the  fire  of  charity, 
 Comes  out  as  brittle  ware  as  the  other  veflels 
 of  the  age.  Ifaiah  faid,  all  our  righteoufnejfes  are 
 as  filthy  rags.  But  as  on  the  one  hand,  Ì  make 
 this  confeilion  in  juftice  to  the  truth  ,•  fo  on  the 
 other,  I  cannot  help  praifing  that  fovereign, 
 who,  when  he  dilcovers  tliat  any  perfon  is  fe- 
 duc'd  to  take  the  habit  on  him,  makes  ufe  of 
 his  abfolute  authority  againft  fuch  facrilege,  by 
 letting  the  perfon  feduc'd  at  liberty  ;  for  even 
 iuppofing  the  vocation  to  be  really  from  the 
 fpirit,  this  interruption  can  never  deftroy  it, 
 but  it  will  rather  come  out  finer,  like  gold 
 out  of  the  furnace.  How  many  rubs  did 
 St.  Thomas  of  Aquinas  meet  with,  both  from 
 h't§  father  and  kindred^    who  were  loth  he 
 
 ihQulc? 
 
The  Rights  of  Sovereigns.     3 1 5 
 
 Ihould  embrace  the  monaftic  life  ?  But  what 
 end  did  they  ferve,  only  to  iliew  that  his  was 
 not  the  perfuafion  of  his  mind,  but  the  call  of 
 grace  ?  The  wind  bloweth  where  it  lifteth^  and 
 thou  knoweft  not  whence  it  cometh^  nor  whither 
 it  goeth.  This  conduct  is  fo  far  from  being  in- 
 jurious to  religion,  that  'tis  ftritìly  conform- 
 able to  the  canons,  which  prefcribe  a  great  ma- 
 ny cautions  to  be  us'd  in  the  examination  of 
 thofe  who  come  to  make  their  vows,  thereby 
 to  difcover  wrhether  they  are  fincerely  difpos'd 
 to  make  an  entire  furrender  of  their  will  to 
 God's.  Let  not  the  fenate  therefore  be  ac- 
 eus'd  of  too  readily  lending  an  ear  to  parents 
 complaining  of  fuch  fedutìion.  For,  I  fay, 
 that  when  a  diforder  is  to  be  prevented,  too 
 much  credulity  is  a  lefs  crime  than  to  tolerate 
 the  inconveniency,  out  of  a  fcruple  to  oppofe 
 fuch  or  fuch  friers.  Religion  is  never  a  gainer 
 by  perfons  that  are  merely  feduc'd  into  it;  be- 
 caufe,  as  'tis  obferv'd  in  nature,  that  nothing 
 violent  is  lafiinz  ,  repentance  comes  upon  the 
 neck  of  fuch  rafh  refolutions,  and  drives  a 
 great  number  of  fouls  into  utter  defpair.  Re- 
 ligion loies  no  more  by  not  admitting  fuch  fri- 
 ers, than  a  captain  does  by  not  inrolling  a 
 faint-hearted,  cowardly  foldier.  Now,  on  the 
 other  hand,  if  the  accufation  be  falfe,  the  per- 
 fon  is  at  his  liberty  either  to  enter  into  the  fame 
 order  in  another  country,  or  into  another  or- 
 der in  the  fame  town,  and  is  welcome  to  make 
 profeflion  thereof  accordingly  ,*  for  in  my  fa- 
 thers 
 
514-     *Htf  Rights  of  Sovereigns. 
 
 titer's  houfe  are  many  manfions.  Every  mona- 
 stery is  a  flrait  road  to  heaven,  if  the  monks 
 that  belong  to  it  don't  reel  out  of  the  way. 
 
 But  the  other  part  of  the  grievance  is,  that 
 if  a  novice  flays  in  the  cloifter,  the  parents  are 
 authowz'd  to  appropriate  his  efiate.  The  only 
 way  to  prevent  a  gangreen,  is  to  lay  the  plaifler 
 right  upon  the  wound.  'Tis  amazing,  I  think, 
 that  we  hear  no  complaint  of  any  one's  being 
 forc'd  to  quit  the  habit  of  an  order  of  friers, 
 who  don't  allow  of  poiTeffion  of  lands,  but 
 live,  as  we  fay  of  oifters,  upon  the  dew  of 
 heaven.  The  Partifans  of  the  court  of  Rome 
 will  tell  me  that  parents,  inftead  of  afflióling 
 themfelves,  are  commonly  very  eafy  when  any 
 of  their  family  puts  on  the  habit  of  that  order, 
 becaufe  then  their  eftates  remain  to  them  with- 
 out any  trouble  ;  and  therefore,  if  their  chil- 
 dren, (jc.  were  feduc'd,  they  would  have  no 
 need  to  complain.  '  But  there's  nothing  in  all 
 this  obje&ion  ;  for  feduótion,  as  to  thefe  or- 
 ders, is  a  perfect  chimera,  and  can  exift  no 
 where  but  in  a  difturb'd  brain  ;  and  therefore  no 
 wonder  they  don't  complain  of  what  is  not  in 
 being.  Omne  agens  agit  propter  finem,  i.  e.  eve- 
 ry agent  atts  for  fo?ne  end,  Hud  a  certain  philo- 
 fopher  5  and  David,  in  his  addreiles  to  God, 
 fays,  1  lave  inditi d  my  heart  to  perform  thy  fla - 
 tutes  alway,  for  the  recompence  of  reward.  What 
 would  a  capuchin  be  the  better  for  perfuading 
 any  one  to  put  on  his  habit,  fince  the-  new 
 frier  would  be  incapable    of  doing  him  any 
 
 good, 
 
The  Rights  of  Sovereigns.     315 
 
 good,  either  in  public  or  private  ?  on  the  con- 
 trary, the  more  there  are  in  commons,  the  lefs 
 muftbe  every  one's  allowance.  I  will  not  here 
 mention  by  whom,  and  when  fuch  complaints 
 have  been  made  e'er  now.  I  will  only  fay, . 
 that  St.  Ignatius  made  good  laws,  which,  ob- 
 ferv'd  with  that  zeal  that  commonly  attends 
 novelty,  have  contributed  very  much  to  the 
 edification  of  the  mind,  but  little  or  nothing 
 to  the  edification  of  the  convents  of  his  order. 
 St.  Paul  lays  down  the  rule  of  an  apoftle's  life 
 in  two  words,  as  having  nothings  and  poffejjing 
 all  things.  'Tis  often  faid,  I  know  that  mira- 
 cles are  ceas'd,  and  that  therefore  'tis  a  duty, 
 where  'tis  poifible,  to  give  the  preference  to 
 the  laft  claufe,  and  to  avoid  the  firft.  But  I 
 declare  this  is  a  mere  carnal  reafoning  :  'Tis  fo, 
 they  will  anfwer  ;  but  fuch  conduct  is  now 
 permitted.  I  don't  deny  it  ;  but  then  'tis  by 
 way  of  difpenfation,  not  to  procure  a  great 
 good,  but  to  prevent  a  greater  evil.  The  Pha- 
 ÙfeeSj  hearing  Jefus  Chnft  preach  that  matrimo- 
 ny made  two  bodies  one  flefh,  objetìed  to  him, 
 that  Mofes  allow'd  writings  of  divorcement  in 
 his  law.  But  what  faid  Jeftts  Chrift  Ì  he  faid 
 to  them,  it  wai  not  fo  from  the  beginning  ;  and 
 Mofes  fuffer'd  you  to  put  away  your  wives,  he- 
 caufe  of  the  hard  ne  fs  of  your  hearts. 
 
 To  return  to  our  argument.  Tho'  the  mod 
 ferene  republic  is  very  careful  to  prevent  per- 
 fons  from  being  feduc'd  into  a  cloifter,  they 
 don't  deny  any  one  that's  free  to  enter  j  and  if 
 
 any 
 
3 1 6     Tfhe  Rights  of  Sovereigns. 
 
 any  one,  whether  great,  fmall,  or  rich,  has  a 
 mind  to  put  on  the  habit  of  any  order,  and 
 gives  proofs  that  'tis  the  effed:  of  mature  deli- 
 beration, in  a  proper  time  and  manner,  he 
 need  fear  no  opppiition  from  the  fenate  ;  and  if 
 he  has*a  mind,  he  is  free  to  leave  all  his  eftate 
 to  the  monaftery.  But  St.  Aufiin  fays,  Qui 
 <vult  ccclcfiam  inflituere,  &  filiosexh<£r  edare,  alium 
 qu<£rat  confultorem  quam  Auguftinum,  i.  e.  lie 
 that  would  difinherit  his  children,  and  make  the 
 church  his  heir,  muft  not  come  to  me  for  counfeL 
 Let  it  only  be  a  caution,  that  a  refolution  of 
 fuch  importance  to  the  age,  to  the  parents,  and 
 to  the  perfon  himfelf  who  makes  his  vows,  be 
 natural,  and  not  counterfeit.  How  many  of 
 the  mod  ferene  doges,  forfeited  with  human 
 grandeur,  have  put  on  the  habit  of  St.  Bene- 
 dict, without  the  leaft  oppofition  ?  But  all  our 
 concern  is  for  thofe  raw  ftriplings,  who,  young 
 as  they  are,  yet  boaft  they  fhall  always  hold 
 out  againfi  the  motions  of  nature,  which  is  fo 
 prone  to  evil.  To  (urn  up  all  in  a  word,  youth 
 are  interrogated  and  examin'd  ;  but  as  for  a- 
 dult  perfons,  who  'tis  fuppos'd  are  wife  enough 
 to  refill:  feducers,  they  are  not  fubjetì  to  fuch 
 fcrutiny. 
 
 The  laft  grievance  of  all  is  the  violences,  as 
 they  think  fit  to  call  them,  prattifed  by  the  fe- 
 nate upon  thofe  that  fail  in  the  gulph,  by  forcing 
 fuch  as  carry  pwvifions ,  merchandife,  inftru- 
 ments  animals,  fait,  and  all  other  goods  that 
 fafs  thro  it  into  the  rivers  of  Romagna,  to  pay 
 certain  impofts.  After 
 
The  Rights  of  Sovereigns.     3 1 7 
 
 After  fo  long  a  difcourfe,  we  are  now  fallen, 
 as  we  may  lay,  into  an  ocean' of  complaints, 
 fince  we  are  come  to  thofe  grievances  which 
 relate  to  the  gulph.  Thefe  complaints,  in  or- 
 der to  be  juft,  ought  to  have  at  leaft  one  of 
 thefe  two  motives,  *viz.  either  that  the  duties 
 demanded  are  exorbitant,  and  unreafonable  ; 
 or  if  they  are  moderate,  that  they  are  demand- 
 ed by  violence,  and  without  any  legal  title. 
 When  the  fovereign,  by  exatìing  any  tribute, 
 offends  in  either  of  thefe  two  refpeóts,  he  juft- 
 ly  incurs  the  reproach  of  committing  an  inju- 
 ry, and  an  unjuft  adion.  To  anfwer  in  two 
 words  the  complaint  againft  the  exorbitancy 
 of  the  duties  demanded,  I  will  only  fay,  that 
 the  duties  and  excife,  which  the  moft  ferene 
 republic  demands  of  thofe  who  tranfport  ef- 
 fects thro'  the  gulph  to  the  markets  in  the 
 Pope's  dominions,  are  neither  more  nor  lefs 
 in  weight,  and  meafure,  than  what  the  go- 
 vernment demands  of  merchants  that  import 
 the  fame  wares  into  Venice.  I  don't  know  that 
 'tis  any  where  commanded  us  to  love  our 
 neighbour  better  than  our  felves,  this  being  a 
 peculiar  attribute  of  Jefus  Chrift,  who  loved 
 human  nature  better  than  his  own  humanity. 
 
 When  failors  are  caught  endeavouring  to 
 run  goods  into  Romagna,  without  firft  paying 
 the  duties,  they  are  condemn'd  to  the  confi£ 
 cation  of  more  than  thofe  duties  would  a- 
 mount  to.  This  is  the  common  method  of 
 punifliment  in  Venice,  and  every  where  elfe, 
 
 for 
 
318     The  Rights  of  Sovereigns. 
 
 for  thofe  who  are  t,]  en  defrauding  their  fove- 
 reign  of  his  rights.  All  impartial  perfons  look 
 upon  it  too  as  an  ad  of  juftice  ;  for  if,  when 
 fucn  fraud  is  committed,  he  who  is  guilty  of 
 it  runs„  no  greater  risk  than  paying  the  bare 
 duties,  there's  no  body  hardly  but  would  ven- 
 ture being  a  knave  on  fuch  terms,  becaufe  he 
 mi^ht  chance  to  find  his  account  in  it  ;  and  if 
 he  fhould  happen  not  to  fucceed,  he  runs  no 
 risk,  becaufe,  if  he  is  difcover'd,  he  can  but 
 pay  the  duty  ;  and  if  not,  he  gains  all  the  va- 
 lue thereof  clear  to  himfelf. 
 
 This,  I  fay,  is  the  weight  and  meafure 
 dealt  to  the  fubje&s  of  the  republic,  according 
 to  the  common  ftandard.  Therefore  there's 
 no  reafon  for  complaint  on  this  head,  and  thofe 
 who  make  it,  muft  be  fuch  as  love  to  com- 
 plain, whether  they  have  reafon  or  no. 
 
 I  will  add  further  ;  if  the  goods  that  pafs 
 thro'  the  gulph  fhould  be  extraordinary  dear, 
 or  wanted  in  Venice  for  the  fupport  of  the  in- 
 habitants, then  they  would  be  ftopt  by  force 
 and  authority  from  going  to  Romagna,  and 
 not  fo  much  as  fuffer  cl  to  be  carry 'd  out  of  Ve- 
 nice. Mean  time  it  could  not  be  reckon'd  a 
 piece  of  injuftice  ;  but  rather  a  cafe  of  necef- 
 iity,  and  authoriz'd  by  the  cuftom  of  other 
 princes,  who  in  the  like  cafes  of  extream  ne- 
 ceffity,  which  is  fuperior  to  all  laws,  have  not 
 only  caufed  provifions,  but  even  ready  money, 
 to  be  fìopt,  when  they  have  wanted  the  fame 
 to  anfwer  public  occafions.    There  are  many 
 
 inftances 
 
•  The  Rights  of  Sovereigns.     3 1 9 
 
 inftances  of  this,  but  the  mod  ferene  ìepub- 
 lic  never  us'd  this  method  with  refpeót  to  mo- 
 ney. Princes  are  juftify'd  in  aóting  thus,  becaufe 
 every  thing  within  their  dominions  ought  to  be 
 fubjed:  to  their  commands,  when  their  views 
 are  honeft,  and  when  they  take  care  to  afcer- 
 tain  a  jurt  equivalent.  But  enough  of  this  al- 
 ready. 
 
 Now,  if  the  court  of  Rome  complains  not 
 againft  the  violence  of  exatìing  thofe  imports, 
 but  queftions  the  authority  and  title  of  the  re- 
 public to  raife  them  ;  I  fay,  that  both  their 
 authority  and  title  are  indifputably  legal,  fo 
 long  as  the  republic  is  own'd  to  be  the  fove- 
 reign  of  the  gulph  -,  for  'tis  by  virtue  of  the 
 fame  title  that  every  fovereign  has  a  right  of 
 demanding  the  imports,  or  duties  of  impor- 
 tation, from  ail  merchants  that  trade  in  their 
 dominions  ;  and  'tis  by  virtue  of  this  fame  title 
 that  the  Pope  himfelf  raifes  the  gabels  in 
 St.  Peters  patrimony.  Therefore  the  whole 
 objection  muft  vanirti  upon  the  proof  oT  the 
 republic's  legal  fovereignty  over  the:gulph; 
 which  being  an  affair  of  the  greateft  con- 
 cern, not  only  to  the  Pope,  but  alfo  to  other 
 fovereign  princes,  it  would  require  a  difcourie 
 of  equal  length  to  the  importance  of  the  iub- 
 je<S,  becaufe  in  matters  of  this  nature  nothing 
 lefs  than  the  fulleft  proof  will  avail  :  But,  as 
 a  formal  treatife  on  this  head  would  be  un- 
 grateful to  the  reader,  we  fliall  only  give  the 
 fubftance  of  what  might  be  urg'd,  with  ali  pof- 
 
 fible 
 
1 2.0    The  Rights  of  Sovereigns. 
 
 fible  brevity  ;  and,  after  having  faid  juft  enough 
 to  prove  our  thefis,  filali  referve  to  our  felves 
 the  libeity  of  faying  more,  to  fatisfy  the  curi- 
 ofity  of  the  public,*  at  another  time  and 
 place. 
 
 It  Was  a  good  obfervation  of  a  skillful  lawyer, 
 that  whoever  went  about  to  prove  a  title  of 
 poflèflìon,  founded  upon  law,  in  favour  of  a 
 private  man,  could  not  poflibly  fucceed,  unlefs 
 it  concern'd  the  Jews  with  refpeft  to  the  pn> 
 mis'd  land,  which  God  gave  to  that  nation,  or 
 unlefs  it  concern'd  any  other  perfon  in  our  own 
 times,  who  fliould  purchafe  of  the  lawful  fo- 
 vereign  the  Flafhes  of  any  river.  The  pro- 
 ducing the  fucceflive  titles  of  the  third,  fourth, 
 and  fifth  poileffors,  is  no  full  proof  that  there 
 was  not  fome  ufurpation  formerly,  during  the 
 invafion  of  the  Bark  avians  upon  Italy,  andefpe- 
 cially  in  the  time  of  Attila,  when  our  fore-fa- 
 thers left  their  towns,  and  agreed  to  bury  all 
 the  gold  they  had  at  the  bottom  of  welis, 
 which  they  could  never  find  out  again,  be- 
 caufe  fire,  defolation,  and  death,  had  deftroy'd 
 all  the  marks  of  their  former  habitations.  Their 
 defendants  remember'd  very  well  that  there 
 were  treafures  hidden  $  but  not  knowing 
 where,  they  were  fo  wife  for  many  ages,  that 
 when  they  fold  one  another  a  houfe,  or  land, 
 they  took  care  to  infert  in  the  deed  of  fale 
 
 thefe 
 
 *  Father  Fa*l  afterwards  compos'd  three  txestifes  vrpon  this  fubjeftj  wfcrieh 
 make  a  part  of  the  iixth  Tome  uf  bis  wirks. 
 
The  Rights  of  Sovereigns.     3 1 1 
 
 thefe  words,  faho  jure  putei,  i.  e.  facing  whafs 
 in  the  well  •  by  which  the  fellet  referred  to 
 himfelf  all  his  right  tò  all  the  great  treafure 
 that  might,  by  good  luck,  be  found  out  one 
 time  or  other  in  fuch  houfe  or  field.  This  has 
 been  the  cuftom  for  fo  many  hundred  years, 
 that  if  fuch  treafure  were  to  be  found  now,  it 
 would  be  impoffible  to  know  the  true  owner 
 of  it,  becaufe  every  feller  had  the  precaution 
 to  ftipulatethe  fame  faving  claufe  for  himfelf* 
 fo  that  it  would  be  neceflary  to  go  back  to  the 
 time  of  Attila,  which  would  be  impracticable, 
 On  account  of  the  variety  of  accidents  that 
 have  happened  fince.  Therefore  it  Was  at  Jaft 
 agreed  that  the  refervation  fhould  be  in  favour 
 of  him  who  was  in  aóhial  poffeffion,  at  the 
 time  fuch  treafure  might  be  found,  of  fuefi 
 field,  or  houfe  where  it  was  conceal'd  ;  be- 
 caufe, in  things  which  depend  on  time  ve- 
 ry far  back,  there  cannot  be  a  better  title  in 
 nature  than  a  long  and  continu'd  pofleffion* 
 Now  to  apply  thefe  reflections  to  the  cafe  in 
 hand. 
 
 The  republic  is  in  poffeffion  óf  the  fove- 
 reignty  of  the  Adriatic  fea,  which  all  modern 
 colmographers,  forgetting  the  ancient  name; 
 call  the  gulph  of  Venice.  Whoever  fhall  offer 
 to  difpute  that  fovereignty,  muft  of  neceflity 
 flieiv  that  fome  body  had  the  legal  domain 
 thereof  before  the  republic,  and  what  right 
 any  one  had  to  it  1  it  muft  alfo  be  proved  that 
 
 [Part  IL]  Y.  fuch 
 
3  2. 1     The  Rights  of  Sovereigns. 
 
 fuch  poflèffor  never  forfeited  thofe  rights,  or 
 fuffer'd  them  to  be  loft.  If  the  Pope  fhould 
 difpute  this  fovereignty  with  the  republic,  on 
 pretence  that  the  rivers,which  run  weft  into  the 
 gulph,  come  out  of  his  dominions,  the  repub- 
 lic might  juftly  urge  the  very  fame  plea,  be- 
 caufe  the  rivers  that  fall  into  the  gulph,  from 
 their  dominions,  on  the  eaftern  coaft,  are  more 
 in  number  than  thofe  that  come  from  the  do- 
 minions of  his  holinefs.  The  fame  pretence 
 might  alfo  ferve  the  king  of  Spain,  becaufe  A- 
 bruzzo  and  Apulia  lie  upon  the  coafts  of  the 
 faid  gulph  ;  but  his  rights  are  confounded  with 
 thofe  of  the  Pope,  becaufe  thofe  provinces  are 
 a  part  of  the  kingdom  of  Naples,  which  the 
 kings  of  Spain  hold  as  fiefs  of  the  holy  See  ; 
 and  certainly  their  rights  cannot  be  greater 
 than  thofe  of  the  direót  lord  of  the  faid  fiefs  ; 
 confequently  the  pretentions  of  thofe  monarchs 
 niuft  be  inferior  to  thofe  of  the  republic.  The 
 Grand  Turk  might  as  well  claim  the  fame 
 right,  upon  account  of  Albania  and  Epirw  ; 
 but  1  don't  believe  the  Pope  would  join  iflue 
 with  that  potentate,  becaufe  there  is  fuch  a 
 mortal  enmity  betwixt  them,  that  they  ftudy 
 each  other's  definition.  Thus  it  has  been 
 fairly  prov'd  that  the  Pope,  who  makes  fuch  a 
 fad  outcry  about  ufurpation,  can  produce  no 
 rea  fon,  no  law,  that  is  fit  to  be  put  in  the  ba- 
 lance with  the  rights  of  the  republic.  Perhaps 
 the  Pòpe,  finding  he  cannot  be  fole  lord  and 
 niafter  of  the  gulph  himfelf,  would  be  glad 
 
 to 
 
The  Rights  of  Sovereigns.     313 
 
 to  fee  the  fovereignty  of  it  fliared  :  But  this  is 
 what  the  republic  will  never  confent  to  ;  for 
 befide^  other  reafons,  that  are  common  alfo  to 
 the  holy  See,  they  have  the  right  of  pofTeflion 
 almoft  time  out  of  mind  ;  and  moreover,  if 
 the  dileiiiboguihg  of  rivers  into  the  gulph 
 gave  any  right  to  the  fovereignty  of  it,  the 
 Turk  muft  alio  come  in  for  his  fhare.  This 
 pofTeflion,  in  its  own  nature,  added  to  many 
 other  very  important  circumftances,  extreamly 
 fortifies  the  republic's  right  of  fovereignty  over 
 the  gulph. 
 
 When  the  republic  firft  took  the  advantage 
 of  this  fovereignty,  'tis  hardly  to  be  fuppos'd 
 that  fo  many  princes,  as  are  concern'd  in  that 
 See,  would  have  put  up  with  it  fo  filently,  if 
 at  that  very  time  they  had  not  been  convinc'd 
 of  the  Venetians  right  to  that  pofleflion.  For 
 then  it  had  been  liable  to  be  call'd  in  queftion 
 as  new,  and  no  doubt  it  had  been  protefted 
 againft,  becaufe  it  was  eafy  to  forefee  that  time 
 would  have  corroborated  their  pretenfioq.  But 
 'tis  certain  that  all  the  princes  concern'd  to 
 fpeak  were  filent,  as  being  convinc'd  they  had 
 nothing  to  fay  againft  it. 
 
 Wherefoever  the  conftitutions  of  Juftbiian 
 are  receiv'd,  this  maxim  of  law  is  conftantly 
 obferv'd,  Qus  in  nullius  bonis  funt,  fiunt  occu- 
 pante, i.  e.  Thofe  things  which  belong  to  nò 
 body  in  particular ,  become  the  property  of 
 the  poffejjbr.  Now,  I  fay,  there  are  two 
 ways  by  which  a  thing  may  be  faid  to   be- 
 
 Y  z  long 
 
3x4    Tfo  Rights  of  Sovereigns. 
 
 long  to  no  body  ;  the  firft,  when  it  never 
 had  an  owner  $  as  the  beafts  in  the  woods,  the 
 fifli  in  the  fea,  and  the  birds  in  the  air  ;  which 
 whoever  takes  in  a  public  place,  becomes  the 
 legaL  pofleffor  of;  the  fecond,  not  becaufe  it 
 never  had  an  owner,  but  when  its  owner  has 
 long  neglected  it,  and  not  defended  it  as  he 
 ought,  nor  reclaimed  it  after  its  falling  into 
 other  hands.  This  defertion  confider'd  after 
 fuch  a  term  of  time,  longer,  or  fliorter,  ac- 
 cording to  the  importance  of  the  thing,  gives 
 reafon  to  think  that  the  mafter  has  voluntarily 
 given  up  his  property  therein.  I  will  give  an 
 Inftance  of  this  from  the  Scriptures.  Ruth  ga- 
 fcher'd  up  the  ears  of  corn,  which  the  reapers 
 had  left  in  the  field  :  Their  mafter  Booz  law, 
 and  permitted  her,  which  made  her  the  legal 
 proprietor  of  all  the  fheaves  flie  had  glean'd, 
 tho*  they  were  before  the  property  of  Booz,  in 
 whofe  fields  they  were  fown  and  grew.,  but 
 efcap'd  the  reaper's  fickle. 
 
 Upon  this  principle  I  fliall  now  propofe  a 
 dilemma,  taken  both  from  the  divine  law, 
 and  thofe  of  the  empire.  Either  the  gulph 
 had  never  an  owner,  and  in  this  cafe  the  re- 
 public might  juftly  take  it  into  their  poffeffion, 
 or  elfe  it  depended  on  fome  one  or  other  who 
 abandoned  it  -,  and  in  this  cafe  too  the  republic 
 was  in  the  right  to  take  it  to  themfelves  ;  be- 
 caufe the  former  proprietor,  whoever  he  was, 
 did,  by  virtue  of  fuch  abandoning  it,  lofe,  or 
 give  up  his  right.    Now  let  us  fee  which,   of 
 
 all 
 
The  Rights  of  Sovereigns.     315 
 
 all  the  chriftian  princes  of  our  time,   might 
 have  been  anciently  lord  of  this  gulph,  and  by 
 that  mean%we  filali  know  whether  he  has  actu- 
 ally abandon'd  it.     If  the  Pope  pretends  to  tne 
 ancient  fovereignty  of  it,  by  reafon  of  his  ter- 
 ritories lying  upon  it,  I  have  already  obferv'd 
 that  the  republic  has  more  land  contiguous  to 
 it  than  he  ;  befides,  that  the  being  lord  of  the 
 fhore,  does  not  neceffarily  imply  being  lord  of 
 the  fea  too  ;  for  how  many  private  men  are 
 there  who  have  lands  which  form  the  banks  of 
 rivers,  and  yet  have  nothing  to  do  with  the 
 ftream  ?  the  fame  objection  will  hold  alfo  a- 
 gainft  Spaing  not  only  on  account  of  the  vici- 
 nity of  its  territories  to  the  gulph  ;  but  be- 
 caufe  it  holds  thofe  territories  as  fiefs,  and  not 
 by  the  title  of  dire<ft  fovereignty.  If  we  were 
 alfo  to  mention  the  Turk,  which  is  really  need- 
 lefs,  the  beft  we  could  fay,  would  make  for 
 the  advantage  of  the  republic  ;  for  the  Turky 
 tho'  barbarity  and  rapine  are  his  profeflion,  has 
 no  view  to  the  gulph,  being  convinc'd  that 
 the  republic  has  the  beft  right  to  it.     We  in- 
 fer therefore  upon  the  whole,  that  the  Pope 
 can  plead  no  right  to  the  gulph,  upon  ac- 
 count of  the  rivers  in  his  dominions  that  have 
 their  mouths  in  it.     This  being  demonftrated, 
 what  will  the  court  of  Rome  fay  next  ?  why 
 undoubtedly  they  will  have  recourfe  to  the 
 donations  of  the  emperor  Conftantiney  and  the 
 countefs  Mathilda,   or  Maud    (  of  Tufcany.  ) 
 But  let  them  fay,  for  argument- fake,  that  thefe 
 
 Y  1  dona- 
 
%l6     The  Rights  of  Sovereigns* 
 
 donations  transferred  all  the  rights,  which  the 
 emperor  had  over  the  gulph,  to  the  holy  See, 
 and  that  as  at  that  time  there  was  n#  fuch  thing 
 in  nature  as  the  republic  of  Venice,  the  Pope 
 was  left  fole  lord  and  mafter  of  the  gulph.  I 
 anfwer,  that  donations  refemble  indulgences, 
 xvhich,  in  the  opinion  even  of  the  court  of 
 Rome,  tantum  talent  quantum  fonant.  If  ei- 
 ther of  thefe  celebrated  donations  makes  ex- 
 prefs  mention  of  the  gulph,  it  follows  of  con- 
 Tequence  that  the  Pope  would  have  been  in  pof- 
 feffion  of  it  at  that  time  ;  but  if  they  do  not 
 mention  it,  ?tis  as  plain  a  confequence  that  he 
 has  no  pretence  to  it  j  we  find,  every  day  al- 
 inoli, that  one  man  gives  another  the  crop  of 
 his  land,  when  'tis  not  to  be  fuppos'd  he  means 
 to  give  him  his  land  into  the  bargain,  but  only 
 the  power  of  gathering  in  the  produ<3  of  it. 
 Neither  is  there  any  more  reafon  for  claiming 
 things  on  the  fcore  of  being  appendages,  when 
 thofe  fame  appendages  are  of  little  lefs  impor- 
 tance than  the  principal,  if  not  altogether  equal 
 to  it.  A  perfon  who  has  a  houfe  given  him, 
 or  bequeathe  to  him  by  will,  would  make 
 himfelf  very  ridiculous  to  lay  claim  to  the 
 goods  alfo  therein  contain'd  ;  becauie,  if  the 
 donor,  or  teftator,  had  fo  intended  it,  he  wquld 
 not  have  fail'd  to  exprefs  that  condition,  efpe- 
 cially  fince  it  often  happens  that  the  furniture 
 its  worth  more  than  the  houfe  itfelf.  A  flout 
 Corfair  defir'd  leave  of  the  governor  of  a  ma- 
 ritime place  to  enter  his  port.,  and  flay  there 
 
 till 
 
The  Rights  of  Sovereigns.     3  ZJ 
 
 till  next  day.  The  governor  confented  ;  but 
 when  he  was  got  in,  he  pretended  he'd  tarry 
 there  for  good  and  all,  and  that  the  port  was, 
 by  that  piece  of  complaifance,  yielded  to  him. 
 What  we  have  (aid,  is  only  to  mew  that  dona- 
 tion cannot  have  this  effcd  ;  but  fuppofing,  for 
 once,  that  it  did,  the  Pope  would  ftill  have 
 loft  his  right  exatìly  in  the  fame  manner  as  the 
 emperor  of  the  eaft  has  loft  his  ,•  for  as  to  the 
 emperor  of  the  weft,  he  never  pretended  to 
 it.  Now  the  emperor  of  the  eaft  loft  his,  ei- 
 ther by  voluntary  defertion  of  the  gulph,  or  by 
 his  inability,  or  negleóì  to  defend  or  keep  it  ; 
 from  whence  it  follows,  that  the  republic 
 has  poffeflion  on  this  account,  by  the  legal 
 right  of  the  firft  poffeffor.  It  was  about  the 
 year  of  our  redemption  300,  that  Confi antine 
 was  baptiz'd  $  and  foon  after  he  translated  the 
 feat  of  the  empire  to  Byzantium^  to  which 
 term  is  referred  the  grant  he  made  to  the  Pope 
 of  the  provinces,  which  form'd  the  terreftrial 
 dominions  of  the  Church.  From  the  3d  cen- 
 tury, to  the  end  of  the  8th,  the  Popes  re- 
 ceiv'd  from  Confiantine\  fucceffors,  one  while 
 favours  and  privileges,  another  while  outrages 
 and  imprifonment  j  and  as  the  authority  and 
 credit  of  the  emperors  in  Italy  declined  every 
 day  more  and  more,  that  country  was  fome- 
 times  tyranniz'd  over  by  the  Lombard^  and  at 
 other  times  ranfack'd  by  the  Goths  ;  during 
 which,  the  Adriatic-ki  was  always  infefted  by 
 the  Corfairs.   The  emperor  abandoning  the  de- 
 
 Y  4  fence 
 
3*8     The  Rights  of  Sovereigns. 
 
 fence  of  thofe  countries,  partly  by  his  own  in- 
 clination, and  partly  for  want  of  ability  to 
 protetì  them,  the  Pope  was  often  obliged  to 
 have  recourfe  to  the  Trench  ;  fo  that  at  length 
 Stephen  III.  going  to  France  in  perfon ,  did 
 there*  obtain  fuccour  againft  the  Lombards. 
 From  that  time,  the  maritime  forces  of  the  Ve- 
 netian republic  began  to  be  formidable  ;  for  'tis 
 recorded  in  the  annals  of  Venice,  that  in  728, 
 at  the  intreaty  of  the  emperor  Juftin,  and 
 Pope  Gregory,  the  Venetians  forc'd  the  nephew 
 of  the  king  of  the  Lombards  to  retire  with  his 
 garrifon  from  Ravenna,  and  reftor'd  that  city, 
 bona  fide,  to  the  jurifdi&ion  of  the  Exarch. 
 This  event  proves  that  then  the  emperor  had 
 but  few  fhips  in  the  gulph,  if  he  had  any  at 
 all  ;  that  the  Pope  had  none  neither,  and  that 
 both  the  one  and  the  other  were  oblig'd  to  im- 
 plore the  naval  afliftance  of  the  Venetians. 
 
 Another  inftance  of  their  power  is  as  fol- 
 lows :  Charles  I.  king  of  France,  who  was  af- 
 terwards call'd  Charlemagne,  or  Charles  the 
 Great ,  having  a  mind  to  befiege  Pavia,  the 
 republic,  in  773,  fent  him  a  good  fquadron  of 
 armed  barks,  which  pafs'd  thro'  Tefino  to  the 
 Milaneze.  This  great  king  was  fuch  a  hearty 
 friend  to  the  interefts  of  the  Popes,  that  as  he 
 deferv'd,  fo  he  receiv'd  the  greateft  favour  that 
 ever  was  conferred  by  the  holy  See,  viz.  the 
 privilege  granted  by  Adrian,  and  confirm 'd  ina 
 Council  of  1 5  3  bifhops,  whom  the  faid  Pope 
 aflembled  at  Rome  far  that  yery  purpofe,  by 
 
 •  which 
 
The  Rights  of  Sovereigns.     319 
 
 which  grant  the  kings  of  France  were  put  in 
 pofleffion  of  a  right  to  eleóì  all  future  Popes  ; 
 a  privilege  fo  glorious,  that  it  dazzled  the  eyes 
 ot  Lewit^  Charlemairìs  fon,  to  that  degree, 
 that  he  renounced  it  in  the  reign  of  Pope  Paf- 
 chal,  reftoring  the  election  to  its  ancient  chan- 
 nel, on  condition,  that  when  the  Pope  eleft 
 was  confecrated,  t>r  rather  crown'd,  he  fliould 
 fend  embafTadors  to  Frame  to  confirm  the 
 peace. 
 
 At  length,  in  the  year  800,  Pope  Leo  con- 
 fidering  the  daily  declenfion  of  the  eaftern  em- 
 pire, and  how  much  injury  the  papacy  fuffer'd 
 by  it,  becaufe  Italy  was  in  a  manner  aban« 
 don'd  ;  he  had  the  courage  to  crown  his  trufty 
 friend  Charles  the  Great,  with  the  title  of  Ro- 
 inan  Emperor,  in  St.  Peters  Church  at  Romey 
 exclusive  of  the  then  Greek  emperor  Conftan- 
 tine,  Son  of  Irenetfs  ;  who  was  forc'd  to  bear 
 the  injury  with  patience,  becaufe  he  was  not 
 in  a  capacity  to  refent  it  ;  which  is  a  further 
 proof  that  at  that  time  the  Adriatic-fez,  or 
 gulph,  was  at  the  mercy  of  the  Corfain,  and 
 become  the  eafy  prey  of  the  ftrongeft  power, 
 in  which  number  the  republic  of  Venice  had 
 fliewn,  by  paft  experience,  it  might  juftly  be 
 reckond.  Not  long  after,  Conftantine  fell  a 
 facrifice  to  the  fedition  of  his  fubjetìs,  and 
 Niceform  fucceeding  him,  occafion'd  that  fa- 
 mous divifion  of  the  empire  into  eaftern  and 
 weftern,  in  the  year  802  §  to  which  three  fove- 
 reigns  confented,  all  from  different  motives. 
 
 The 
 
3  yO     The  Rights  of  Sovereigns. 
 
 The  Pope,  to  give  a  fantìion  in  fonie  meafure 
 to  his  right  of  crowning  the  emperors,  which 
 he  had  aflum'd  in  the  perfon  of  Charlemain, 
 without  any  authority  ;  Charlemain,  to  give  a 
 fandtion  to  his  new  póflfeilìon,  which  he  had 
 juft  a£quir'd,  without  any  right  ;  and  Nkefo- 
 rus,  to  diminifli  the  number  of  his  enemies  ;  for 
 he  found,  that  having  not  the  power  in  his 
 own  hands,  he  could  not  revenge  the  affronts 
 he  had-  receiv'd,  and  was  but  too  fenfible  that 
 his  own  advancement  was  merely  owing  to 
 violence.  A  peace  was  therefore  patch'd  up 
 between  thefe  two  emperors,  by  the  media- 
 tion of  the  Pope,  after  having  divided  the 
 whole  chriftian  world,  and  aiTign'd  each  of 
 them  his  fhare  thereof,  leaving*  only  three 
 dutchies  exempt  from  fuch  fubjeófcion,  iiz. 
 thofe  of  home ^  Benevento,  and  Venice  ;  and 
 moreover,  the  embaffadors  of  thofe  two  em- 
 perors declar'd,  that  the  Venetians  Ihould  enjoy 
 entire  liberty  under  their  own  Laws.  To  the 
 eaftern  emperor,  Nice  form,  were  aflign'd  in  Italy, 
 Abulia,  Calabria,  Sicily,  and  the  dutchy  of  Na- 
 ples, as  far  as  Gaeta  -,  and  all  the  reft  of  Italy 
 was  Charlemairis  portion,  as  emperor  of  the 
 weft. 
 
 Thus  I  have  perform'd  the  promife  I  made, 
 to  prove  that  Conftantine's  donation  gave  the 
 Pope  no  manner  of  right  over  the  gulph,  and 
 that,  if  it  had,  the  then  Pope  yielded  it  up, 
 by  confenting  to  the  divifion  of  the  empire, 
 and  by  approving  the  fettled  limits  thereof,  as 
 
 already 
 
Hoe  Rights  of  Sovereigns.     331 
 
 already  mention'd  ;  for  the  emperor  of  the  eaft 
 Could  never  have  made  himfelf  matter  of  Apu- 
 lia by  force  of  arms,  if  the  gulph,  thro'  which 
 he  muft  pafs  dire&ly  from  Confi antinopk  to  Apu- 
 lia, had  belong'd  to  the  Pope.  I  fay  nothing 
 of  Sicily,  Calabria,  and  the  dutchy  of  Naples 
 tho'  they  are  territories  that  lie  not  far  from 
 Apulia ,  becaufe  they  are  fituate  upon  the 
 lower,  commonly  call'd  the  Tyrrhenian,  or  Me- 
 diterranean  fea.  Add  to  this,  that  the  then 
 Pope  Leo  would  not  have  been  filent,  and  fuf- 
 fer'd  thole  limits  to  be  aflign'd  thus,  without 
 difputing  it,  if  he  had  but  io  much  as  thought 
 that  the  fame  was  any  prejudice  to  his  proper- 
 ty ;  fo  far  from  this,  he  was  the  very  man  that 
 negociated  the  whole  affair  $  for  Niceforus  had 
 his  hands  too  full  at  home,  by  reafon  of  vio- 
 lent inteftine  quarrels,  to  think  of  carrying  his 
 arms  into  Italy.  We  may  well  conclude  there- 
 fore from  this  Pope's  filence,  that  he  was  per- 
 fuaded  he  had  no  reafon  to  complain  of  harm 
 done  him,  for,  in  fhort,  he  never  had  any  na- 
 val force  in  the  Adriatic  fea. 
 
 Admit  therefore,  according  to  the  remarks 
 already  made,  that  there's  not  the  leaft  men- 
 tion of  the  gulph  in  Confiantines  donation,  it 
 will  follow  very  clearly  that  the  Pope  has  no 
 right  to  it,  efpecially  fince,  as  we  have  already 
 fhewn,  his  pofleffion  of  rivers  that  run  into 
 it,  fignify  nothing  to  the  purpofe. 
 
 After 
 
3  3 1     'The  Rights  of  Sovereigns. 
 
 After  Conflantine's  time,  the  forces  of  the 
 republic  increafed  every  day,  fo  that  in  the 
 year  805,  they  were  ftrong  enough  to  ruin  the 
 army  of  Pepin,  who  was  fo  officioufly  obfe- 
 quious  to  the  felicitation  of  Fortunatus,  bi- 
 Ihof*  of  Grado,  that  he  dar'd  to  furprize  Chi- 
 ozza,  and  even  to  attack  the  city  of  Venice 
 from  its  lakes,  where  he  was  routed  ;  which 
 foon  produc'd  a  treaty  of  peace  with  the  re- 
 public, whofe  bravery,  on  that  occafion,  gain- 
 ed them  a  great  deal  of  glory. 
 
 In  828,  the  republic  gave  farther  proofs  of 
 their  valour  by  fea.  The  Moors  of  Africa,  af- 
 ter having  landed  in  Tufcany,  and  made  an  in- 
 road as  far  as  to  Rome,  where  they  plun- 
 dered the  Church  of  St.  Peter  and  Paul, 
 without  the  walls ,  went  on  board  again, 
 and  fell  upon  Sicily,  which  was  a  dependen- 
 cy of  the  Greek  empire.  But  the  Venetians 
 difpatch'd  a  fleet  into  thofe  feas,  which  made 
 the  affrighted  Africans  retire  ;  and  thus  they 
 preferv'd  that  ifland  to  their  friend  and  ally  the 
 emperor  of  the  eaft.  I  do  not  mention  thefe 
 things  to  celebrate  the  glory  of  the  mod  fe- 
 rene  republic,  this  being  neither  a  proper  time 
 nor  place  for  it  ;  but  only  to  convince  the  rea- 
 der, that  both  the  Greeks  and  Italians  were  then 
 quite  deftitute  of  naval  forces,  while  thofe  of 
 the  republic  were,  on  many  accounts,  formi- 
 dable. It  follows  therefore  from  thence,  that 
 the  gulph,  being  abandon'd  by  the  Greeks,  was 
 defended  only  by  the  arms  of  the  Venetians, 
 
 who 
 
The  Rights  of  Sovereigns.     335 
 
 who  by  confequence  were  very  properly  ma- 
 tters of  it,  as  has  been  prov'd  by  demonftra- 
 tion  as  clear  as  any  in  the  mathematics. 
 
 About  the  year  of  our  Saviour  1000,  the 
 people  of  IJiria  being  quite  weary  of  obeying 
 a  Prince  who  could  not,  nor  would  not  de- 
 fend them,  and  being  alfo  expos'd  to  the  con- 
 tinual incurfions  and  piracies  of  thofe  of  Na- 
 rantOy  fent  embafTadors  to  Venice  to  offer  their 
 fubmiflion  to  the  republic  ;  accordingly  they 
 were  receiv'd  as  good  fubjeóts,  and  the  then 
 doge,  Peter  Urceolw,  pafs'd  into  Iflria>  at  the 
 head  of  an  army,  to  take  poffeffion  of  their 
 country,  threatning  the  Narantines  with  utter 
 deftru&ion  if  they  continu'd  their  incurfions. 
 Upon  this  they  comply'd,  and  begged  peace, 
 which  was  granted  them  ;  and  thereupon,  ot 
 their  own  accord,  they  yielded  up  all  their 
 pretenfions  to  the  gulph.  The  republic  had 
 not  held  their  new  dominions  long  before  they 
 were  difturbed  ;  for  in  1059  Zara  revolted  at 
 the  inftigation  of  the  king  of  Hungary,  io  that 
 there  was  a  neceiTity  of  applying  to  force,  for 
 the  recovery  of  what  was  firft  obtained  by  a 
 voluntary  furrender  ;  and  this  the  doge,  Do- 
 minkus  Contarmi,  effefted  accordingly,  fword 
 in  hand. 
 
 Twenty  years  after,  that  is  to  fay,  in  107^ 
 Robert  de  Guife,  being'affifted  by  the  Norman;, 
 attempted  to  drive  the  Greeks  out  oiTarentumy 
 having  already  taken  Otranto  ;  but  the  Vene- 
 tians   confederating  with  another   Niceforus 
 
 (  Botaniates  ) 
 
334  The  Rights  of  Sovereigns. 
 (Botaniates)  gave  him  battle,  and  defeated  hirn^ 
 fo  that  he  got  nothing  at  all  by  his  invafion. 
 If  the  Greek  emperors  had  thought  the  repub- 
 lic's pretentions  to  the  fovereignty  of  the 
 gulph  an  injury  to  them,  they  would  not  have 
 caird  upon  the  Venetians  fo  often  for  their  af- 
 fitta nee,  as  their  good  friends  and  allies.  But 
 as  Tarim  well  obferv'd,  that  a  new  fervant  is 
 commonly  mark'd  out  for  the  fport  of  the  reft 
 of  the  domeftics,  the  fame  thing  is  true  of 
 princes,  the  neweft  of  whom  is  fure  to  be  the 
 butt  of  the  others  jealoufy,  or  hatred.  The 
 king  of  Hungary  could' not  bear  the  Venetians, 
 his  new  neighbours  in  Dalmatia;  therefore  he 
 pufh'd  on  the  Zarians  to  a  fecond  revolt,  which 
 provok'd  the  republic  to  take  arms  again,  and 
 under  the  condutì  of  the  doge,  Ordelafo  Fa- 
 hero,  in  1 1 17,  they  were  reduc'd  to  their  good 
 behaviour. 
 
 In  the  year  1 12  3,  the  republic  being  as  zea- 
 lous as  any  chriftian  prince  whatioever  for 
 the  propagation  of  the  faith,  and  to  give  tefti- 
 monies  of  their  piety,  fent  towards  the  con- 
 queft  of  the  holy  land  a  ftrong  fleet  of  three 
 hundred  (hips,  commanded  by  the  doge  Domi- 
 nicus  Michael,  who  caus'd  the  fiege  of  Jaffa  to 
 be  rais'd,  and  conquer'd  Tyre  ;  of  which  city 
 the  other  chriftian  princes,  their  allies,  yield- 
 ed them  one  third  of  the  domain,  as  an  ac- 
 knowledgment of  their  fervice.  The-  doge 
 being  at  that  junóture  in  want  of  money,  be- 
 caufe  he  was  fo  long  abfent,  had  recourfe  to 
 
 an 
 
The  Rights  of  Sovereigns.     335 
 
 an  expedient  to  coin  money  of  leather,  which 
 every  one  took  readily  upon  his  credit  ;  and 
 he  was  no  fooner  return'd  home  but  he  calFd 
 it  all  in,  paying  the  full  value  in  gold  and  fik 
 ver  -y  and  to  this  day,  the  defendants  of  that 
 illuflrious  general  bear  the  faid  leather  coin  in 
 their  arms,  in  memory  of  the  faid  event. 
 
 This  expedition  lading  above  two  years, 
 the  king  of  Hungary  gave  a  plain  proof  of  his 
 ill  intentions  towards  the  republic,  by  enga- 
 ging the  Greek  emperor  to  forgoe  the  many 
 obligations  he -had  to.  the  Venetians,  and  to 
 join  with  him  in  invading  their  dominions  in 
 Dalmatia.  Accordingly  they  made  a  fudden 
 incurfion,  and  prefently  took  in  Zara,  Spalato  „ 
 and  Tran.  Upon  this  the  doge  Michael  was  re- 
 calTd  with  all  fpeed  from  Syria,  and  he  came 
 time  enough  to  give  fuch  a  check  to  the  empe- 
 ror, that  he  was  able  neither  to  purfue  his  con- 
 quers, nor  to  hinder  the  doge  from  making 
 juft  reprifals  for  the  lofs  which  the  republic  had 
 fuffer'd,  and  from  recovering  all  that  the  ene- 
 my had  taken.  The  doge  return'd  from  this 
 expedition  crown'd  with  laurels,  and  every  one 
 was  then  convinc'd  that  the  moil  ferene  repub- 
 lic was  in  a  condition  much  rather  to  be  fear'd 
 by  their  enemies  than  deipis'd.  Tho'  the  reci- 
 tal of  thefe  events  may  feem  foreign  to  the 
 fubjetì:  in  hand,  yet  they  ferve  to  prove,  that  as 
 the  republic  was  in  poffeffion  of  the  fovereign- 
 ty  of  the  gulph  fo  long  ago,  fo  they  have  fince 
 
 been 
 
3  3  tf    TZtf  Rights  of  Sovereigns. 
 
 been  in  a  condition  to  maintain  that  foverèign- 
 ty,  and  to  confirm  it  more  and  more. 
 
 When  the  empire  of  the  eaft  changed  hands, 
 the  confequence  of  it  was  no  more  than  what 
 we  fee  happens  every  day.  Manuel  Comnenus 
 way  as  great  a  friend  to  the  republic  as  his  pre- 
 deceffors  were  enemies  ;  and  the  former  ha- 
 tred betwixt  the  two  dominions  was  fucceeded 
 by  a  ftriót  alliance,  with  a  view  to  oppofe  the 
 invafion  of  Roger  II.  who  not  only  took  Sicily 
 from  the  Greeks,  but  furpriz'd  Corfu,  Corinth, 
 Thebes,  and  Negropont.  The  doge,  Peter  Po- 
 lari, joìn'd  the  forces  of  the  republic  to  thofe 
 of  the  Greeks  in  1149,  and  gave  fuch  a  blow 
 to  Roger's  fleet,  that  after  the  lofs  of  twenty 
 of  his  gallies,  he  had  no  way  to  get  off  but  by 
 flight  ;  and  in  the  heat  of  the  victory  the  doge 
 reconquered  for  the  emperor  all  the  country 
 which  his  enemy  had  taken  from  him  in  the 
 Levant. 
 
 But  a  little  time  made  it  fully  appear  that 
 nothing  is  more  flippery,  or  lefs  to  be  depend- 
 ed on,  than  the  friendfhip  of  princes.  Tho* 
 the  emperors  of  the  weft  certainly  ow'd  the 
 origin  of  their  dignity  to  the  Popes  alone,  yet 
 in  procefs  of  time,  and  by  the  change  of  in- 
 terefts  and  fentiments,  they  became  the  Popes 
 Jharpeft  perfecutors.  The  great  fchifm  began 
 during  the  pontificate  of  Alexander  III.  who 
 was  the  true  Pope,  having  been  canonically 
 elefted,  and  invefted  in  the  holy  fee  by  a 
 greater  majority  of  the  cardinals  than  was  ne- 
 ^  ceflary  5 
 
The  Rights  of  Sovereigns*     33 7 
 
 teflàry  ;  for  only  three  of  the  conclave  voted 
 for  Fióìor^  who,  tho'  he  had  no  right  to  the 
 popedom.,  for  want  of  friends  and  fuffrages, 
 yet  prefum'd  to  take  the  name  of  Pope,  and 
 had  recourfe  to  the  emperor  Frederic  Barba- 
 rojja,  whom  he  made  the  judge  of  his  title. 
 Alexander  made  no  fcruple  to  rejed  the  autho- 
 rity of  the  laid  tribunal  and  Frederic^  with- 
 out hearing  him,  pafs'd  a  decree  in  the  Anti- 
 pope's  favour,  contrary  both  to  order  and  the 
 merits  of  the  caufe  ,•  contrary  to  order,  m  that 
 Frederic  made  himfelf  a  judge  in  a  caufe  which 
 was  not  within  the  cognizance  of  the  fecular 
 power  ;  contrary  to  right,  for  that  he  gave  tho. 
 caufe  in  favour  of  an  apoftate.  Alexander 
 therefore,  juftly  provok'd  at  this  outrage,  ful- 
 minated the  major  excommunication  agaihft 
 both.  Frederic  was  as  hot  as  the  other,  and 
 declar'd  himfelf  openly  the  enemy  and  pèrfe- 
 cutor  of  Pope  Alexander  ^  being  fully  fefolv'd 
 to  take  that  furprizing  vengeance,  which  was 
 the  fource  of  all  the  grievances, with  which  chri- 
 ftendom  was  afterwards  opprefs'd*  Alexander 
 being  frightned  with  the  emperor's  blunt  the- 
 nace,  ftole  privately  out  of  KomCy  and  retired 
 to  Venice  >  where  he  was  for  fome  time  incog. 
 But  the  divine  providence  making  him  known, 
 he  was  accofted  with  the  honours  due  to  him  j 
 and  not  only  fa*  but  aflur'd  that  he  ihould  en- 
 joy all  the  privileges  of  a  fantìuary,  and  com- 
 mand what  fiiccours  he  pleas'd  from  the  repub- 
 lic, Accordingly  the  doge  Ziani  focn  after 
 [Part  11]  Z:  fk 
 
3  3  8     T fo  Rights  of  Sovereigns. 
 
 putto  fea  with  a  fleet  of  thirty  galleys,  in  queft 
 of  that  of  the  emperor  ;  and  the  Pope  having 
 accompany'd  him  to  his  {hip,  blefs'd  him,  and 
 with  his  own  hands  gave  him  the  general's  bat- 
 toon,  not  after  the  manner  of  the  cuftomary 
 preTents  which  the  Popes  are  us'd  to  make  to 
 princes  that  deferve  well  of  the  holy  See,  nor 
 as  a  prefage  of  his  future  vióìory,  but  as  a  tefti- 
 mony  and  token  of  the  Venetians  fovereignty 
 over  the  gulph.     He  fail'd,    found    out   his 
 enemy,  fought,  and  routed  him  in  the  fea  of 
 Jftria,  near  Albona,  where  the  people  obferve 
 the  anniverfary  of  the  vitìory,  even  to  this 
 day.     The  imperial  army  was  quite  ruin'd, 
 and  Otho,  the  rebel  emperor's  fon,  taken  pri- 
 foner.     Thus  the  illuftrious    doge  revenged 
 two  injuries  at  one  and  the  fame  time,  viz. 
 the  perfecution  rais'd  againft  the  Pope,  and  the 
 difturbing  of  the  Venetians  navigation  in  the 
 gulph  ;  and  at  his, return  to  Venice,  the  Pope 
 receiv'd  him  with  all  imaginable  refpefl,  and 
 greeting  him  with  a  world  of  joy,  made  ufe 
 of  thefe  expreffions  :  Salve,  dominator  maris ,  (jr 
 accipe  annidum  aureum,  (j  fingulis  annis,  in  die 
 afcenfionis  domini ,   defyonfabis.  mare,  ficuti  vir 
 wuliemn.  I  e.  Hail,  lord  of  the  fea,  and  take  a 
 gold  ring,  with  which  every  year,  upon  the  day 
 of  our  lord  and  faviours  afcenfion,    thou  Jfmlt 
 marry  the  fea  as  a  man  doth  a  woman. 
 
 Some  would  infer  from  thefe  words,  that  the 
 republic  holds  the  fovereignty  of  the  gulph 
 pnly  from  an  indulto  of  the  Pope;  but  they 
 
 are 
 
The  Rights  of  Sovereigns.     339 
 
 are  quite   midaken  ;  firft,  becaufe  the  Pope 
 could  not  grant  what  he  had  not  to  give,  or 
 difpofe  of  any  thing  to  which  he  never  pre- 
 tended any  title.    Secondly,  thefe  woids,  con- 
 fiderà with   refped  to  fovereignty,  are  only 
 fpoke  in  a  fenfe  declaratory,  and  not  conditi!-, 
 ent,'  juft  as  when  a  perfon,  faluting  a  prince, 
 gives  him  the  title  of  lord  or  king,  whereby 
 he  owns,  but  does  not  inveft  him  with  that 
 dignity.     In  fhort,  if  thofe  terms  of  {peaking 
 had  included  a  grant,  the  Pope  mud  neceflà- 
 rily  have  exprefs'd  the  particular  fea  of  which 
 he  gave  him  the  fovereignty,  for  othenvife  the 
 general  expreffion  of  dominator  maris  would 
 flgnify  the  dominion  of  all  the  feas  upon  the 
 face  of  the  globe;   which  would  be  perfectly 
 ridiculous,  and  as  much  às  to  fay  that  the  Pope 
 thought  himfelf  qualify 'd  to  difpofe  of  the  fo- 
 vereignty of  the  whole  ocean.    But  confider- 
 ingthe  holy  father's  expreffion,  as  we  explain 
 it,  in  a  declaratory  fenfe,  he  was  not  under  a 
 wecefTity  to  explain  himfelf  more  particularly, 
 when  he  faluted  the  doge  with  the  title  of  lord 
 of  the  feu,  becaufe  this  naturally  referred  to  a 
 thing  known  of  itfelf,  *viz.  to  that  fea  of  which 
 every  body  had  before  own'd  the  doge  for 
 lord  and  fovereign.     The  forms  of  expreflion 
 which  the  court  of  Rome  make  ufe  of  in  their 
 indulto's  are  clear  and  drong,  damus,  concedi- 
 urn,  indulgemmo  and  carry  no  fuch  fuppofition 
 in  them  as  is  couched  under  the  Pope's  com- 
 pliment to  the  doge.     Therefore  all  that  looks 
 
 Z  2  like 
 
34-0     The  Rights  of  Sovereigns. 
 
 like  conceffion  in  this  whole  affaires  the  ceremo- 
 ny of  marrying  the  fea,  and  the  gift  of  the  ring  ; 
 in  which  he  difplays  his  authority,  to  prevent 
 this  Venetian  ceremony  from  being  treated  ever 
 after  as  fuperftition,  or  an  abufe  of  the  facra- 
 ment  ;  for  which  reafon  the  Pope,  in  this  re- 
 fpetì,  ufes  a  term  conftituent,  and  not  decla- 
 ratory, defponfahis  mare  fiditi  vir  mulierem, 
 i. e.  thou  Jloalt  marry-,  but  he  does  not  fay,  do- 
 minaberis  mari,  i.  e.  thou  Jhalt  govern  the  fea. 
 Abfolute  authority,  or  dominion,  does  not 
 follow  from  that  marriage  ;  for  other  kings  do 
 not  marry  their  dominions,  yet  they  poffefs 
 them.  The  doge  does  not  marry  Venice,  yet 
 he  is  mafter  of  it  ;  and  the  Pope  marries  nei- 
 ther Rome,  nor  the  papal  fee,  yet  he  is  the 
 lawful  lord  of  both  ;  fo  that  we  muft  keep  to 
 the  allegory  the  Pope  made  ufe  of,  defponfa- 
 bis  mare  ficuti  vir  mulierem.  The  Pope  with 
 all  his  might  cannot  marry  two  parties  that  are 
 averle  to  matrimony  ;  he  may,  'tis  true,  cele- 
 brate the  facrament  of  marriage,  but  'tis  abfo- 
 lutely  necefTary  that  the  confent  of  the  parties 
 be  firft  had,  otherwile  the  marriage,-  tho'  fo- 
 lemniz'd  by  the  Pope  himfelf,  cannot  ftand 
 good.  Thus  in  the  prefent  cafe  the  Pope  has 
 declar'd  that  the  republic  of  Venice  may  chal- 
 lenge the  fame  authority  over  the  gulph,  as  the 
 husband  may  over  his  own  wife  ;  but  the  fo- 
 vereignty  fubfifted  before  this  declaration  of  it, 
 in  the  very  fame  manner  as  confent  ought  to 
 precede  the  tying  of  the  marriage-knot. 
 
 To 
 
The  Rights  of  Sovereigns.     341 
 
 To  return  to  onr  fubjeft.     This  rout  cool'd 
 the  haughty  emperor's  courage  -y  but  I  know 
 not  whether  he  was  vanquifh'd  more  by  the 
 Venetians  frank  carriage  to  him,  or  by  the  for- 
 tune of  their  arms.  However  it  was,  he  yield- 
 ed to  the  perfuafions  of  his  fon,  who  was  fent 
 home    upon    his    parole,   accompany'd    with 
 twelve   Venetian  noblemen,   confented  to  a 
 treaty,  and  went  to  Venice  to  make  his  peace 
 with  the  Popò,  who,  after  he  had  profefs'd  his 
 hearty  repentance  of  his  crime,  and  kifs'd  the 
 holy  father's  feet,   gave  him  his  blefling  ;  fo 
 that  he  was  reftor'd  at  the  fame  time  both  to 
 the  good  graces  of  the  common  father  of  the 
 faithful ,   and   to   his  imperial    prerogatives , 
 which  he  had  forfeited  by  his  offence. 
 
 After  a  fhort  ftay  at  Venice,  during  which, 
 thofe  great  perfonages  had  frefii  teflimonies  of 
 the  republic's  liberality,    becauie   they  were, 
 treated  with  all  the  ftate  due  to  their  high 
 rank,    thofe  three  princes,  the  Pope,  the  em- 
 peror, and  the  doge,  emulating  each  other  in 
 courtefy,  refolv'd  at  length  to  go  to  Ancona  on 
 board  the  Venetian  fleet,  in  order  to  reconduct 
 the  holy  father  to  his  See,  and  to  give  recipro- 
 cal proofs  of  a  perfect  reconciliation.      The 
 people,  his  faithful  fubje&s,  came  to  receive 
 them  on  the  fliore  with  a  thoufand  bleffings, 
 and  brought  drums,  banners,  chairs,  canopies, 
 and  flambeaus  $  all  which  the  grateful  Pope 
 madeaprefent  of  to  the  doge,  as  a  teftimony 
 of  his  obligation  to  the  republic  -,   and  the 
 
 Z  3  doges. 
 
34-2-     The  Rights  of  Sovereigns- 
 
 doges,  his  fucceffors,  ufe  them  to  this  day  on 
 the  mod  folemn  occafions.  This  ftory  confirms 
 the  proofs  I  have  already  brought. of  the  power 
 and  prerogatives  of  the  republic  over  the 
 gulph,  becaufe  in  the  year  1159  they  were  in 
 a  condition  to  rettore  a  Pope  to  his  See>  to  van- 
 quifri  an  emperor,  and  to  take  revenge  for  an 
 infult  made  upon  them  in  the  pofleflion  of  the 
 laid  fea. 
 
 Thus  we  are  come  down  to  the  year  1200, 
 about  which  time  the  chriftian  princes  made  a 
 formidable  crufado  for  the  conqueft  of  the 
 holy  fepulchre.  The  republic  very  readily 
 contributed  not  only  their  quota,  according  to 
 treaty,  but  much  more  ,*  fo  that  the  French, 
 Tlnnijh,  and  Italian  princes,  who  were  the 
 chief  parties  in  that  holy  war,  agreed  to  begin 
 firft  with  the  reduction  of  Zara^  thereby  to 
 compenfate  the  republic  for  their  efforts  and 
 credit  in  the  alliance.  This  was  done  with  all 
 the  eafe  in  the  world,  and  the  doge  Dandalo, 
 who  commanded  the  Venetian  forces  in  perfon, 
 recover'd  pofleflion  of  that  rebellious  town. 
 While  thefe  great  armies  were  in  Dalmatici,  the 
 princes  of  the  holy  league  comply'd  with  the 
 earned:  felicitations  of  young  Alexis,  then  em- 
 peror of  Confi  an  sinopie,  who,  after  a  conference 
 with  his  old  friend  the  doge,  was  admitted  in- 
 to an  alliance  with  thofe  generous  princes,  who 
 lent  him  their  forces  to  re-eflablifli  him  on  the 
 throiie,  .'ioni  which  his  rebellious  fubje&s  had 
 
 ;u(f  y  depos'd  him  ,  and,  as  an  acknowledge- 
 ment 
 
The  Rights  of  Sovereigns.     34  J 
 
 ment  of  this  favour,  he  propos'd  feveral  ad- 
 vantageous conditions  to  them  ;  the  chief  of 
 which  was,  that  as  foon  as  he  was  reftor'd,  he 
 fliould  gain  the  confent'of  the  Greek  Church 
 to  own  the  fuperiority  of  the  Latin.  This 
 propofal  feem'd  of  fuch  importance  to  all  thofe 
 princes,  that  they  agreed  among  themfelves  to 
 lufpend  their  voyage  to  PaUftina,  and  bend 
 their  whole  force  towards  the  re-eftablifliment 
 of  Alexis.  Therefore  they  immediately  tack'd 
 about  to  Conftantinople,  and  fo  happily  fucceed- 
 ed  by  their  arms,  and  councils,  that  the  rebels 
 were  driven  out,  and  their  friend  Alexis  re- 
 ftor'd to  the  empire  ;  but  they  no  fooner  quit- 
 ted the  Bofphorus,  than  the  traitor  Màrfufm  af- 
 faflinated  his  lawful  prince,  and  arrogantly 
 feiz'd  the  imperial  throne.  This  infamous  out- 
 rage was  the  reafon  that  the  princes  of  the  ho- 
 ly league  generoufly  put  off  their  voyage  to 
 another  time,  being  refolv'd  to  take  the  moft 
 notable  revfenge  ;  the  rather,  becaufe  they 
 efteem'd  it  as  an  infult  partly  upon  them- 
 felves, confidering  the  friendfhip  they  had  con- 
 tracted with  the  unhappy  Alexis,  of  which 
 they  had  given  fignal  proofs,  by  reftoring  him 
 to  his  dignity.  They  conquer'd  the  rebels  a 
 fecond  time,  and  punifh'd  their  obftinacy  by 
 putting  the  villain  Marfufus  to  death.  The  next 
 thing  to  be  done,  then,  was  to  look  out  for 
 a  new  emperor  j  they  confider'd  that  the  fami- 
 lies of  the  ancient  emperors  were  quite  ex- 
 tinft,  and  that  on  the  other  hand  there  was  no 
 
 Z  4  trufting 
 
344     ^e  Rights  of  Sovereigns. 
 
 trufling  to  any  one  of  the  Greeks,  notwith- 
 flanding  that  in  gratitude  for  their  enthroning 
 him,  he  might  enter  into  an  advantageous  al- 
 liance with  them  :  Therefore  they  refolv'd  at 
 la  ft  to  chufe  one  of  their  own  number,  to  the 
 end  that  they  might  be  always  fure  of  a  con- 
 ftant  friend  to  requite  them  for  the  afliftance 
 pf  their  arms,  and  for  the  dangers  to  which 
 they  expos'd  themfelves.  In  order  to  make 
 this  election,  they  deputed  fifteen  perfons,  part- 
 ly clergymen,  partly  laymen  ;  fonie  of  whom 
 were  princes,  others  private  perfons,  but  all 
 qualify 'd  by  fome  eminent  talents  or  other  for 
 the  employment  they  were  put  upon.  Of  this 
 nurnber  were  the  doge  Bandaio,  and  five 
 Venetian  nobles.  Here  now  the  moderation 
 of  the  Venetians  is  exceedingly  remarkable,  be- 
 caufe?  if  they  had  been  pleas'd  to  give  them- 
 ielves  any  trouble  in  the  election,  they  might 
 have  got  the  imperial  dignity  int;o  their  own 
 clutches  ;  having,  befides  a  ftrcng  army  at  hand, 
 fix  voices  that  they  were  fure  of  to  a  man, 
 while  the  other  candidates,  being  difunited  by 
 different  interefts,  countries,  and  genius's,  were 
 not  in  a  condition  to  oppofe  their  party  :  But 
 their  prudence  prevaifd  over  all  other  confide- 
 rations;  'or  thofe  iilufirious perfonages  wifely 
 confiderei  how  much  it  would  change  the  ari- 
 ftocratical  conftirution  of  the  republic,  if  one 
 of  their  fubj<.£h  fhould  be  rais'd  to  the  impe- 
 rial dignity,  which  was  the  firft  both  in  rank 
 $rid  time.     This  confideration  made  them  fa- 
 
 crifice 
 
The  Rights  of  Sovereigns.     345 
 
 crifice  all  their  private  interefts  to  the  public 
 welfare,  and  to  concur  readily  in  the  eleftion 
 of  Baldwin,  count  of  Flanders,  who,  having 
 alfo  the  fuffrages  of  the  other  electors,  was, 
 without  any  difficulty,  plac'd  on  the  throne; 
 but  the  republic  had  the  honour  to  name  the 
 patriarch  of  Greece,  who  was  Thomas  Moro- 
 fini.  They  were  pofTefs'd  at  that  time  of  no 
 lefs  than  three  eighths  of  the  empire  of  Roma- 
 nia ;  and  therefore  to  reward  feveral  Vene- 
 tians, who  had  contributed  with  their  fwords 
 and  purfes  to  this  expedition,  they  gave  them 
 feveral  iflands  in  fief.  Among  thefe  feuda- 
 tories of  the  doge  of  Venice,  was  Rabano  Dalle 
 Careeri,  a  Verone fe,  who  had  the  ifle  of  Negro- 
 font  granted  to  him,  as  a  reward  for  the  vaft 
 affiftance  he  gave  to.  the  republic.  Now,  who 
 can  difpute  the  republic's  juft  acquisition  of 
 the  fovereignty  of  the  gulph,  founded  on  fo 
 many  titles,  considering  that,  long  before  this> 
 they  were  matters  of  three  eighths  of  the 
 eaftern  empire,  had  as  much  jurifdiótion  in  the 
 city  of  Confl  ant  inopie  itfelf,  as  the  French  and 
 the  new  Flemifo  emperor,  and  had  fo  many 
 countries  at  their  difpofal,  that  they  thought 
 fit  to  eafe  their  hands  of  part  of  them  by  ered- 
 ing  them  into  fiefs  ?  Thus  were  we  to  trace 
 the  fovereignty  of  the  gulph  back  to  re- 
 motest antiquity,  we  lhall  find  that  at  the  very 
 beginning  it  did  not  belong  to  the  Pope,  becaufe 
 the  Popes  had  no  temporal  domain  for  a  mark 
 of  their  dignity,  but  what  fome  generous  lay- 
 princes 
 
3  >\6     The  Rights  of  Sovereigns. 
 
 princes  were  pleas'd  in  courtefy  to  give  them  ; 
 the  firft  of  whom,  for  dignity,  power,  and  an- 
 tiquity, was  Conftantine  the  Great.  From  Ju- 
 lius C<efar  to  Nicephorus,  there  was  but  this  one 
 emperor  of  the  univerfe  5  and  he,  not  being  in 
 a  condition  to  manage  and  defend  that  empire 
 by  himfelf,  confented  to  divide  it.  And  if  the 
 Turk  had  not  feiz'd  fo  great  a  part  of  chriften- 
 dom,  the  emperor  of  Confi  ant  inopie  would  have 
 been  matter  at  this  day  of  the  greateft  part  of 
 our  hemifphere,  Italy  efpecially.  Therefore 
 none  but  that  emperor  would  have  a  right  in 
 fuch  quality  to  quarrel  with  the  republic,  on 
 pretence  of  their  ufurpation  of  the  gulph.  And 
 iuppofing  that  the  divifion  of  the  empire  ftill 
 fubfifted,  then  the  emperor  of  the  eaft  would 
 be  the  only  perfon  concern'd  to  queftion  their 
 right  and  title  to  the  gulph,  becaufe  it  would 
 be  included  in  his  filare,  as  has  already  been 
 {hewn.  If,  on  the  other  hand,  the  pofTeifion 
 of  any  countries  remains  annex'd  to  the  feat  of 
 the  empire,  this  controverfy  will  concern  the 
 Ottoman  Port,  as  fovereign  of  the  imperial  city, 
 and  of  the  far  greateft  part  of  that  empire. 
 But  fuppofe  the  Turk  were  to  improve 
 his  rights  not  by  violence,  but  by  law,  it 
 would  then  be  eafy  to  convince  him  that  he  has 
 no  right,  by  proving  to  him  how  many  times 
 the  ancient  emperors  loft  it  by  abandoning 
 it,  and  how  long  the  republic  has  been  in  quiet 
 poflefTion  of  it.  Moreover,  we  may  alledge 
 the  acquifition  which  the  republic  made  of 
 
 three 
 
The  Rights  of  Sovereigns.     J,6tf 
 
 three  eighths  of  the  empire,  and  of  part  of 
 the  imperial  city  ;  therefore  'tis  not  to  be  ima- 
 gine but  the  Venetians  were  already  absolute 
 fovereigns  of  that  fea  which  wafiies  the  city 
 of  Venice  ;  becaufe,  if  they  had  not,  they  would 
 furely  have  taken  that  opportunity  to  have 
 placa  the  faid  fovereignty  to  account  in  that 
 part  which  was  to  be  aflign'd  to  them. 
 
 When  Alexander  the  Great  conquer  d  Da- 
 rius,  he  foon  made  himfelf  matter  of  the  beft 
 part  of  his  dominions  ;  and  Darius  being  de- 
 prefs'd  by  the  valour  and  fortune  of  fo  great  a 
 man,  fent  his  ambaffadors  to  him  to  lue  for 
 peace,  offering  him,  on  that  condition,  all  the 
 countries  he  had  conquer'd  to  that  day.  Alex- 
 ander fmil'd  at  the  offer,  and  faid,  that  if  Da- 
 rius expeóted  a  peace,  he  muft  yield  him  up 
 great  part  of  his  own  dominions  ;  becaufe  what- 
 ever he  (Alexander)  was  matter  of  before  , 
 ought  not  now  to  be  plac'd  to  his  account  as 
 conqueror.  Therefore  I  conclude,  that  as 
 formerly  the  gulph  made  a  part  of  the  em- 
 pire, confiderei  either  before  or  after  its  divi- 
 sion, it  was  always  under  the  jurifdidiion  of 
 Constantinople  ;  now  the  republic  having  ac- 
 quired «the  half  of  that  city,  and  little  lefs  than 
 half  of  the  dominions  depending  on  it,  can  it 
 be  imagin'd  that  the  gulph,  which  bounds  on 
 thofe  dominions,  was  not  included  in  that  part 
 of  the  empire  which  they  thenacquir'd  ? 
 
 Tfce 
 
J  4,8     The  Rights  of  Sovereigns. 
 
 T"he  titles  upon  which  the  republic  found 
 theLr  right  of  fovereignty  over  the  gulph  are 
 fo  many,  and  fo  lawful,  that  if  the  fame  were 
 to  be  try'd,  like  the  titles  of  private  men,  be- 
 fore ri  fcrupulous  judge,  they  would  infallibly 
 carry  their  caufe,  tho'  the  Pope  fhould  be  on 
 the  other  fide  of  the  queftion,  for  this  reafon 
 only  tihat  I  am  now  going  to  mention,  which  I 
 look  u  pon  as  argumentum  ad  hominem^  and  con- 
 formable to  the  ecclefiaftical  axioms*  The 
 Council  of  Trent j  Seff.  25.  cap.  9.  ordains,  that 
 if  any  perfons  be  fo  rafli  as  to  appropriate  to 
 themfel  ves  the  dependency  of  ecclefiaftical  be- 
 nefices, by  pretending  to  the  right  of  patro- 
 nage over  them,*  cc  the  juflification  of  fuch 
 "  right  l'hall  be  taken  from  foundation  or  do- 
 cc  nation,,  or  prov'd  by  fome  authentic  ad:,  or 
 CQ  by  a  great  number  of  prefentations  made  at 
 cc  all  tim«es  ;  mean  while,  this  muft  be  under- 
 cc  flood  of  private  perfons  >•  for  as  to  commu- 
 cc  nities,  or  universities,  which  may  be  more 
 *c  eafily  fufpeóted  to  have  ufurp'd  this  right, 
 <c  there  muft  be  moj-e  exatì:  proof  ftill  ;  for 
 cc  that  of  time  immemorial  will  not  avail,  if 
 cc  it  be  not  verify 'd  by  prefentations,  repeated 
 cc  without  interruption,  for  the  fpace  of,  at 
 cc  leaft,  fifty  years."  Thefe  are  the  words  of 
 the  Council,  upon  which  I  argue  thus  :  If  the 
 canon  will  juftify  a  title  ufurp'd  by  a  commu- 
 nity, 
 
 *  Ml.  Amckt\  Trafilai  on  of  th:  Council  of  Trent  is  that  which  is  hare 
 £ollu\  cd. 
 
The  Rights  of  Sovereigns.     349 
 
 nity,  who  of  themfelves  are  very  liable  to  be 
 fufpe&ed  of  ufurpation,  when  the  ufurper  has 
 maintained  his  ufurpation  for  fifty  years  toge- 
 ther over  eftates,  and  benefices  purely  ecclefi- 
 aftical,  who  is  the  filly  wretch  that  will  dare 
 be  fo  infolent  as  to  queftion  the  right  of  the  re- 
 public, who  have  been  in  pofleffion  not  of  an 
 ecclefiaftic,  but  of  a  fecular  eftate,  I  will  not 
 fay  for  fifty,  but  for  five  hundred,  nay,  twice 
 five  hundred  years  ?  Let  them  anfwer  this  if 
 they  can.  The  fame  Council  in  the  fame  Sef- 
 fion,  cap.  19.  decrees,  *that  if  a  regular  monk 
 would  fain  be  excus'd  from  his  vows,  on  pre- 
 tence that  he  took  the  habit  on  him,  and  made 
 the  ufual  profeflion  by  force,  or  alledges  any 
 other  defetì,  his  complaints  filali  not  be  heard 
 after  the  expiration  of  this  f  term.  Now  what 
 I  infer  from  it  is,  that  if,  in  the  validity  of  a 
 vow,  on  the  obfervance,  or  non-obfervance  of 
 which  depends  eternal  falvation,  or  damnation, 
 a  fpace  of  time  fliall  make  a  thing  which  is  in- 
 valid deteftable  and  facrilegious,  fuch  as  the 
 violence  in  the  aft  of  embracing  a  monaftie 
 life,  not  only  to  become  a  canonical  obligation, 
 but  alfo  to  have  the  force  of  binding  us  to  God 
 '(  as  the  canons  exprefs  it  )  why  fhould  not  time 
 
 alfo 
 
 *  Tho'  there's  a  palpable  fault  here  in  the  Italian  copy,  yet  it  was  not 
 thought  fit  to  vary  from  it,  that  the  editor  might  not  be  charg'd  with  having 
 introdue'd  corrections  of  his  own  head  j  but  whoever  examine  the  hiftory  of  the 
 Council,  will  find  that  'tis  the  19th  article  of  the  fifft  chapter  of  the  2^th 
 Seilion,  which  is  call'd,  The  Decree  of  the  Reformation. 
 
 ■j-By  this  'tis  plain  that  the  whole  period  has  been  ili  tranferib'd,  for  the  de- 
 cree ot  the  Council  fays,  The  term  of  five  years  nftct  vi.<  proft  Jhtt. 
 
350     The  Rights  of  Sovereigns. 
 
 alfo  be  capable  of  confirming  the  gulph's  fub- 
 jeftion  to  the  republic,  efpecially  fince  there 
 have  been  no  valid  objections  againft  it  for  a 
 thoufand  years  paft  ? 
 
 I  fliould  here  fet  bounds  to  this  difcourfe  * 
 but  perhaps  fome  man  of  wit  will  tell  me,  that 
 I  am  very  much  in  the  wrong  to  prove  the  re- 
 public's poffeflion  of  the  Adriatic  fea  by  force 
 of  arguments  and  reafons ,  fince  they  have 
 prov'd  the  faid  right  more  than  once  by  the 
 thunder  of  their  canon.  I  own  that's  the  com- 
 mon ftyle  of  princes;  but  to  the  glory  of  the 
 republic  it  muft  be  acknowledg'd,that  they  give 
 free  liberty  for  difputing  even  thofe  preroga- 
 tives of  which  they  are  moft  tender,  which  is 
 one  very  good  fign  of  the  juftice  of  their 
 rights. 
 
 If  I  were  call'd  upon  to  name  any  prince,  I 
 believe  I  might  venture  to  fay  there's  not  one 
 upon  earth  that  can  produce  legal  proofs  of  his 
 dominion,  and  that  the  only  title  of  all  fove- 
 reigns  is  immemorial  poffeflion  ;  for  ancient 
 poffeflion  is  a  proof  that  there  have  been  fuffi- 
 cient  forces  to  maintain  that  poffeflion,  and 
 forces  are  the  beft  arguments  that  a  fovereign 
 can  give  of  the  validity  of  his  rights.  'Tis 
 poflible  there  may  be  fome  princes  in  the  world 
 that  enjoy  their  eftates  bona  fide ^  which  indeed 
 is  the  cafe  of  all  the  chriftian  princes  of  our 
 days,  who  poffefs  theirs  by  right  of  fief,  by  do- 
 nation ,  or  by  inheritance  ;  neverthelefs,  if 
 their  eftates  were  to  be  traced  back  to  their 
 Ì  origin, 
 
The  Rights  of  Sovereigns.     351 
 
 origin,  they  would  appear  to  have  been  gotten 
 by  ufurpation. 
 
 A  learned  genealogift  offer'd  his  fervice  to  a 
 certain  king  to  draw  a  genealogical  tree  of  his 
 family.     He  demonftrated  that  the  firft  king  of 
 his  royal  family  was  the  fon  of  a  duke,  he  the 
 fon  of  a  prince ,   the  prince  the  fon  of  a  mar- 
 quifs,  the  marquifs  the  fon  of  a  count  ;  and  fo 
 on;  but  the  king  tore  his  draught  in  pieces, 
 and  forbad  him  to  raife  his  tree  any  higher, 
 faying,  he  feared  that  if  he  went  on,  he  would 
 come  at  laft  to  a  peafant.    Every  man  by  na- 
 ture is  born  free,  and  would  fee  fo  always,  if 
 the  civil  law  did  not  put  him  under  a  reftraint  ,• 
 for  the  divine  law  had  never  fet  a  king  over  a 
 people,  if  they  themfelves  had  not  defir'd  him. 
 If  one  were  nicely  to  fcrutinize  into  the  Pope's 
 temporal  lovereignty,  one  would  oblige  him 
 in  the  firft  place  to  ftiew  the  authentic  inftru- 
 ment  of  Conftantines  donation.     Undoubted- 
 ly 'tis  either  quite  decay 'd  by  time,  or  loft  by 
 fome  other  accident  ;  but  fuppofe  it  could  be 
 produc'd,  one  ftiould  then  examine  the  con- 
 tents of  it,  and  fee  whether  the  donor  was  le- 
 gally poffefs'd  of  what  he  gave  ,•  and  if  fo, 
 whether  the  thing  granted  was  capable  of  be- 
 ing alienated  ;  for  all  the  dominions  which  a 
 king  is  mafter  of  are  not  alienable  at  his  will 
 and  pleafure.    But  all  this  would  not  avail  to 
 vindicate  the  Pope  from  ufurpation.     Conftan- 
 tine  held  his  dominions  by  no  other  right  than 
 as  fucceflbr  to  Julius  Cafar7  and  the  latter  pof- 
 
 feffed 
 
5  $1    The  Rights  of  Sovereigns. 
 
 feffed  them  only  as  the  reprefentative  of  the? 
 Roman  republic,  his  country,  of  which  he  afpi- 
 red  to  be  the  fovereign,  and  not  the  fubjeéh 
 In  fine,  the  koman  republic  was  nothing  at 
 the  beginning  but  the  fpoils  of  Latium,  and 
 afterwards  of  the  reft  of  the  world.  But  it 
 being  in  vain  to  trace  royal  power  fo  far  back 
 as  to  its  primary  fource,  I  fhall  conclude  with 
 the  words  of  Ecclefiaftes  :  I,  the  preacher ;  was 
 king  over  Ifrael  in  Jerufalem,  and  I  gave  my 
 heart  to  feek  and  fearch  out  by  wifdom  concerning 
 all  things  that  are  done  under  the  heaven.  (  This 
 fore  travel  hath  God  given  to  the  fons  of  men,  to 
 be  exercifed  therewith.  )  I  have  feen  all  the  works 
 that  are  done  under  the  fun,  and  behold  all  is  va- 
 nity and  vexation  of  fpirit. 
 
 When  Philip  II.  among  many  pretenders  to 
 the  crown  of  Portugal,  after  the  death  of  car- 
 dinal Henry,  the  laft  king,  caufed  a  juridical 
 deduction  of  his  rights  to  that  crown  to  be 
 drawn  up,  the  Spanijh  civilian,  who  was  em- 
 ploy'd  in  it,  ciofed  his  learned  diflèrtation  with 
 this  nota  bene,  that  king  Philip's  title  would 
 certainly  have  been  deem'd  valid,  provided  it 
 had  been  back'd  by  thirty  thoufand  Foot,  and 
 fix  thoufand  horfe. 
 
 The  Salic  law  in  France,  and  the  national 
 law  in  England,  are  look'd  upon  as  facred  \  ne- 
 verthelefs,  what  are  they  founded  on  but  eu~ 
 (torn,  and  the  power  of  their  fovefeigns  ? 
 
Hoe  Rights  of  Sovereigns.     35$ 
 
 When  a  nevV  Pope  is  chofen,  a  week  hardly 
 paffes  over  his  head  but  a  dozen  or  two  of  pro- 
 phecies are  apply'd  to  him,  which  are  all  on  a 
 fudden  found   verify 'd  in  him.      Before    the 
 election,  no  body  dreamt  of  em;  but  after  the 
 election,  every  body  concludes  pofitively  from 
 thofe  predictions  that  it  was  fo  predetermined 
 in  the  decrees  of  providence,  and  that  they 
 were  bereaved  of  their  fenfes  in  not  difcerning 
 it   before-hand.     Plato's   opinion    that  man's 
 knowledge  wholly  confifts  in  his  memory,  is 
 Very  applicable  to  the  prefent  cafe.     If  any  one 
 feizes  the  dominions  of  another  by  force,  be 
 his  title  ever  fo  frivolous,  yet  when  he  has 
 once  got  poflèflion,  he  will  find  a  multitude 
 of  pleas  and  events  to  juftify  it.     Thus  time, 
 which  deftroys  all  dominions,    ferves  as  the 
 grand  bafis  of  the  rights  of  fovereigns.     And 
 whoever  fliould  in  thefe  days  call  in  queftion 
 the  rights  of  the  Pope,  the  emperor  and  other 
 kings,  becaufe  they  cannot  prove  them  ab  ori- 
 glile, would  be  guilty  of  equal  folly  and  im- 
 pertinence*    Every  one  knows,   for  inftance, 
 that  the  Swiffers  were  formerly  fubjecis  of  the 
 houfe  of  Burgundy,  from  whom  they  revolt- 
 ed ;  yet,  for  all  this,  I  can't  think  that  any  one 
 would  prefume  to  difpute  their  liberty,  be- 
 caufe they  have  enjoy  cl  it  fo  long  with  the 
 confent  of  the  whole  world.     And  fhall  not 
 the  republic  found  their  right  of  polTeiiion  of 
 the  gulph  on  fuch  long  duration  of  time  with 
 equal  reafon  ? 
 
 [Part  II.]  A  a  When 
 
354     ^e  Rights  of  Sovereigns. 
 
 When  the  prefident  jeannin  was  fent  by 
 Henry  IV.  to  the  Dutch]  to  perfuade  them  to  a 
 truce  with  Philip  II.  king  of  Spam,,  the  ftates 
 were  very  backward  to  come  into  it,  becaufe 
 it  feem'd  to  them  that  the  terms  which  the  Spa~ 
 niards  made  ufe  of  in  the  treaty  did  not  im- 
 port a  fufficient  acknowledgment  of  their  be- 
 ing a  free  people  ;  and  they  concluded  that,up- 
 on  the  very  next  rupture,  the  Spaniards  would 
 not  fail  to  treat  them  again  as  rebels.     The 
 prefident  reply'd,  with  a  franknefs  more  than 
 what  is  common  to  courtiers,  that  where  the 
 matter  in  debate  is  a  houfe  or  land,  it  ought 
 to  be  left  to  the  pleading  of  lawyers1;   but 
 that  ftates  and  dominions  are  to  be  difputed  vi 
 &   arinis,  at  the  point  of  the  fword  ;    and 
 that  if  in  time  to  còme  the  Spaniards  fliould 
 think  fit  to  renew  the  quarrel,  they  would  not 
 try  their  caule  at  the  bar,  but  in  the  field. 
 
 PvOgeVy  king  of  Sicily,  who,  by  his  valour 
 and  good  fortune,  conquer'd  feveral  domi- 
 nions, caufed  this  hexameter  to  be  engrav'd 
 upon  the  plate   of  his  fword, 
 
 'Apulia  &  Calaber,  ficnlus  mihifervit  (j  Afer; 
 
 for  he  thought  his  fword  was  a  better  proof  of 
 his  rights  than  all  the  codes  in  chriftendom. 
 
 The  fenate  fent  Marita  to  Mithridates,  king 
 of  Vontm,  to  perfuade  him  to  withdraw  his 
 troops  from  the  lands  of  thofe  who  were  al- 
 lies to  the  Romans.   Marmi  therefore  addrefs'd 
 
 himfelf 
 
The  Rights  of  Sovereigns.     355 
 
 himfelf  to  the  king  in  a  concife,  but  pithy 
 oration,  to  this  purpofe  :  cc  Mithridtfe^  fays 
 cc  he  to  him,  if  you  think  to  do  what  you 
 "  lift,  you  mufl  firft  be  fure  that  the  Romans 
 cc  are  nor  a  match  for  you  ;  but  till  then,  make 
 cc  no  difficulty  to  obey  their  orders." 
 
 Perhaps  the  champions  of  the  court  of  Rome 
 will  accufe  me  of  relating  thefe  feveral  paffages 
 of  hiftory  with  a  view  only  to  juftify  violence 
 and  ufurpation  ;  but  the  charge  would  be  very 
 unjuft,  for  I  have  had  no  other  Aim  than  to 
 ftate  the  candor  and  civility  of  our  conduce  in 
 its  full  light,  and  have  only  done  what  every 
 private  man  would  do  in  his  own  cafe,  name- 
 ly, demonftrated  the  rights  of  the  republic  by 
 proofs  and  reafons,  whereas  to  have  gone  after 
 the  manner  of  princes,  in  the  paths  already 
 trodden  by  others,  might  have  been  the  iliort- 
 eft  and  mod  effectual  way.  If  this  affair  ever 
 comes  again  upon  the  ftage,  whatever  I  have 
 deliver'd  cannot  diminifh  the  merits  of  the 
 caufe,  for  the  cafe  is  in  truth  fuch  as  I  have  de- 
 monftrated it  to  be. 
 
 A 
 
 a  2 
 
3  $6      Bulla  Vault  Papa  V. 
 
 "The  reader  is  here  presented  zvifh  that 
 very  bull  of  excommunication  ana 
 interdici  againft  the  Venetians , 
 which  is  fo  often  referred  to  in  the 
 foregoing  treatife,  and  which  Fa- 
 ther Paul  has,  in  both  parts  of  it, 
 fo  fully  demonfrated  to  be  both  un- 
 jufi  and  invalid. 
 
 PAULUS    PAPA  V. 
 
 *  T  T  Enerabilibus  fratribus  patriarchis,  arr.hie- 
 
 t  c  pifcopis5  &  epifcopis,  per  univerfum  do- 
 c  minium  reipublica?  Venetorum  conftitutis,  & 
 c  diietìis  filiis5  eorum  vicariis  in  fpiritualibus  ge- 
 c  neralibus3necnon  univerfis  abbatibus,prioribus3 
 
 *  primiceriis,  pnepofitis3archidiaconis3  archipref- 
 c  byteris5  decanis,  plebanis,  &  parochialium  ec- 
 c  clefiarum  reftoribus,  aliifque  perfonis  in  dig- 
 c  nitate  ecclefiaftica  conflitutis,  ineodemdomi- 
 c  nio  exiftentibus,  tarn  fecularibus  quam  quo- 
 c  rumvis  ordinum  &  inftitutorum  regularibus, 
 c  falutem  &  apoftolicam  benedi&ionem. 
 
 c  Superioribus  menfibus  ad  noftram,  &  apo- 
 c  ftolica:  fedis  audientiam  pervenir,  Ducem  & 
 c  Senatum  reipublica:  Venetorum,  annis  elapfis, 
 c  in  eorum  confìliis  plura  ac  diverfa  decreta, 
 
 c  turn 
 
Bulla  Vault  Tafu  V.       357 
 
 c  turn  fedis  apoftolica?  au&oritati  &  ecclefiaftica: 
 c  libertari,  ac  immunitati  contraria,  turn  gcne- 
 c  ralibus  conciliis  &  facris  canonibus,  necnoft 
 c  Romanorum  pontificum  conftitutionibus  re- 
 c  pugnantia  fìatuiflè. 
 
 c  Et,  inter  cantera,  fub  die  vigefima  tertia 
 c  men/is  Maii  ,   anni  M.DCII.  Tiimpta  occa- 
 c  fione  ex  quadam  lite,  feu  controverfia  inter 
 c  do&orem  Francifcum  Zabarellam  ex  una,  & 
 c  monachos  monafterii  de  Praglia  nunctipatos 
 c  ordinis  Sanéti  Benedirti,  congregation^  Caffi- 
 c  nenfis,  alias  San&a?  Juftina*  de  Padua  in  dioe- 
 c  cefi  Paduana  ex  altera  partibus  vertente,  in 
 c  eorum  confiiio  ftatuifTe,  non  folum  ut  dkfti 
 c  monachi  tunc  ,    aut  deinceps  ulio   unquam 
 c  tempore,  actionem,  per  quam  fub  quovis  ti- 
 ctulo,  aut  colore,  in  bonis  ecclefiafticis  emphi- 
 c  teoticis,  a  laicis  poflèilìs,  prseferrentur,  pca£- 
 c  tendere,  ac  etiam  jure  prselationis,  feu  confo- 
 c  lidationis  direfti  cum  utili  dominio,  aut  ex- 
 L  tin&ionis  linea?  in  prima  inveftitura  compre- 
 c  henfar,  aut  alia  quavis  caufa,  honorum  pra?- 
 c  diftorum  proprietatem  fibi  vendicare  minime 
 c  poffent  ;  fed  tantummodo  jus  diredti  domi- 
 c  nii  illis  prxiervatum  effet,  verum  etiam,  ut 
 c  idipfum,  quoad  cceteras  omnes  peribnas  eccle- 
 c  iiafticas,    leculares   &  regulares,    monafteria 
 c  monialium,  hofpitalia,  &  alia  loca  pia,  in  eo- 
 c  rum  temporali  dominio  exiftentia,  declara- 
 c  turn,  &  firmiter  deliberatum  cenferetur. 
 
 c  Et  fub  die  decima  Januarii  M.DCIII.  ad 
 [  fuperiora  qusedam  confilia,  ab  eorum  majori- 
 
 A  a  3  c  bus3 
 
35$      Bulla  Tauli  Tap  V. 
 
 c  bus,  ut  etiam  aflcrebant,  habira  refpicientes, 
 c  quibus  cavebatur,  ne  quifquam,  five  1  arcula- 
 c  ris,    five  ecclefiaftiois,  in  urbe  Venetiarum, 
 
 *  ecclefias,  monafteria,  hoipitalia,  atque  alias 
 c  religiofas  domos  &  pia  loca,  fine  eorum  fpe- 
 c  ciati  licentia,  fun  dare  t  &  erigeret,  in  confilio 
 c  rogatorum  congregatos,  iterum  decreviffe,  ut 
 c  ideandem  in  omnibus  jurifditìionis  eorum  lo- 
 c  cis  vim  obtineret,  &  pra?terea  exilii,  ac  per- 
 c  petui  carceris,  &  publicationis  fundi,  vendi- 
 c  tionifque  edificii  contra  fecus  facientes,  poe- 
 c  nam  edixiffe. 
 
 c  Ulterius,  eofdem  Ducem  &  Senatum,  die 
 c  vigefima  fexta  menfis  Martii,  anni  M.DCV. 
 c  ini:a?rentes  alteri  decreto,  anno  M.DXXXVI. 
 €  ab  eodem  Sena'tu.fafto,  in  quo,  ut  afierebant, 
 c  erat  expreffe  prohibitum,  ne  quis,  fub  certis 
 c  in  ilio  contends,  poenis,  in  urbe  Yenetiaruni, 
 c  ejufque  ducatu,  bona  immobilia,  ad  pias  cau- 
 c  fas,  teftamento,  feu  donatione  inter  vivos,  re- 
 c  linqueret,  aut  alio  quovis  titulo  alienaret, 
 c  five  ad  earum  favorem,  ultra  certuni  tunc 
 5  expreffum  tempusobligaret,  (quod  in  illuni 
 c  ufque  diem,  ut  ibi  etiam  dicebatur,  ufu  re- 
 c  ceptum  &  obfeivatum  non  iuerat  :  )  non  mo- 
 c  do  iterum  id  vetuiiTe,  fed  expreffe  ètiam  pro- 
 c  hibuifle,  ne  bo.norum  ejufmodi  immobilium 
 c  alienationes  in  favorem  perfonarum  ecclefi- 
 c  auicurum,  fjpe  Senatus  predict  i  licentia  fie- 
 c  rent  ;  :.c  infuper  decietum  ipium,  &  poenas 
 h  in  is  rentas,  pei  univerfum  eorum  domi- 
 c  mum  jxtendifle,  &  per  restores,  &  poceftates 
 
 '  Civita  tump 
 
Bulla  Vault  Vn\u  V.       359 
 
 civitatum,  &  locorum  fui  dominii,  promul- 
 gar! fecifle;  atque  bona  immobilia  omnia, 
 qua:  contra  prsemiflòrum  formajn  vendi,  aut 
 quovis  modo  alienali  contingeret,  ultra  nul- 
 litatis  pcenam,  publicari  &  vendi,  eorumque 
 pretium  inter  rempublicam  ipfam,  magiftra- 
 tum  exequentem,  &  ejus  minifiros,  ipfum- 
 que  denunciatorem  dividi  mandaffe,  &  alias, 
 prout  in  decretis,  &  mandatis  Ducis,  &  Se- 
 natus  prxdidorum  latius  dicitur  contineri. 
 
 c  Ac  pr^terea,  eofdem  Ducem  &  Senatum, 
 Scipionem  Saracenum  canonicumVicentùrcm, 
 &  BrandolinumValdemarinum  Foro  juiienfem, 
 abbatem  monafterii,  feu  abbatise  de. Nervefa, 
 Tarvifìna?  dioecefis,  perfonam  in  dignitate  ec- 
 clefiaftica  conftitutam,  ob  quidam  prsetenfa 
 crimina,  in  civitate  Vicentina,  &  alibi,  per  il- 
 los,  ut  dicebatur,  commiflà,  carceri  manci- 
 pafTe,  &  mancipatos  detinuiffe,  fub  pra?textu 
 quod  eis  ha?c  facere  liceret,  inter  alia,  ob 
 quidam,  ipfis  Duci  &  reipublicae,  a  quibtif- 
 dam  Romanis  pontifkibus,  prsedeceflbribus 
 noftris  concetìfa,  ut  afferebant,  privilegia. 
 
 c  Cumque  pramifla  in  aliquibus  eccle/larum 
 jura,  etiam  ex  contra&ibus  initis,  ipfis  eccle- 
 fiis  competentia  auferant,  ac  praeterea.,  in  il- 
 iis  &  aliis,  fedis  apostolica?  &  noftra?  audtori- 
 tati,  &  ecclefiarum  juribus,  &  perfonarum 
 ecclefiafticarum  privilegiis,  pr<ejudicium  in- 
 ferant,  ipfamque  libertatem,  ac  immunita- 
 tem  ecclefiafticam  tollant  :  ac  ea  omnia,  in 
 A  a  4  c  ipforum 
 
3óo      Bulla  "Vaidi  Tap*  V. 
 
 c  ipforum  Ducis  &  Senatus  animarum  perni- 
 c  ciem,  &  fcandàltmi  plurimorum  tendant. 
 
 c  Et  cum  iij  quifupradicia,  &  fimilia  edere, 
 c  &  promulgare,  iliiique  uti  aufi  funt,  in  cen- 
 c  furas  eccieiìafiicas,  a  facris  canonibus,  gene- 
 c  ralium  conciliorum  decretis,  &  Romanorum 
 c  pontiFcum  conflitutionibus  infliftas,  necnon 
 cetiam  privation  is  feiidorum,  &  honorum,  fi 
 c  qv.x  ab  ecclefiis  obtinent,  poenam,  eo  ipfo 
 c  incurrerint,  a  quibus  cenfuris  &  poenis,  non 
 c  nifi  a  nobis,  aut  Romano  pontifice  pro  tem- 
 c  pore  exiftente,  abiblvi  &  liberari  poffint,  ac 
 c  praeterea  inhabiles  &  incapaces  fint,  qui  ab- 
 c  folutionis  &  liberationis  beneficami  confe- 
 c  quantur,  donee  editas  leges,  novis  edi<ftis, 
 *  atque  decretis  fuftuierint,  omniaque  inde  fe- 
 €  quuta  reipfa  in  priftinum  (latum  reintegra- 
 5  verint. 
 
 c  Cumque  et:"am  Dux  &  Senatns  prreditìi, 
 c  poft  piures  patemas  noftras  monitiones,  a 
 1  multis  menfibus  citra  eis  fa&as,  adhuc  decre- 
 c  ta,  &  editìa  probata  non  revocaverint,  ac 
 €  eofdem  canonicum  Saracenum,  &  abbatem 
 K  Brandoiinum  carceratos  detineant,  &  illos  ve- 
 f  nera  bili  fratri  Horatio  epifcopo  Hieracenfi, 
 c  ntfftro  &  apofiolica:  fedis  apud  eos  nuncio,  tit 
 c  debebant,non  confignaverint  :  Nos,  qui  nullo 
 c  paolo  ferre  debemus3  ut  ecclefiaftica  libertas, 
 c  &  immunitas,  noftraque  &  fedis  apoftolicse 
 c  autìoritas  violetur  &  contemnatur  ;  inhseren- 
 5  tes  plurium  generalium  conciliorum  decretis 
 f  ac  veftigii<;  reverenda:  memorise  Innocentis  III. 
 
 €  Hono- 
 
Bulla  Tauli  Tap  V.       7,61 
 
 c  Honorii  III.  Gregorii.IX.  Alexandri  IV.  Cle- 
 c  mentis  IV.  Martini  IV.  honifacii  Vili.  Bo- 
 «  nifaciilX.  Martini  V.  &  Nicolai  V.  &  alio- 
 c  rum  Romanorum  pontificum  pnrdeceflbrum 
 cnoftrorum,  quorum  aliqui  fimilia  ftatuta, 
 i  alias  contra  libertatem  ecclefiafticam  edita, 
 c  tanquam  ipfo  jure  nulla,  invalida  &  irrita  re- 
 c  vocarunt,  ac  nulla,  invalida  &  irrita  effe  de- 
 c  creverunt  &  declararunt  ;  &  aliqui  contra 
 c  fimilium  ediótorum  ftatutarios  ,  &  alios  ad 
 c  excommunicationis  promulgationem,  necnon 
 c  ad  alia  infra  fcripta,  feu  eorum  aliqua  deve- 
 (  nerunt. 
 
 6  Habita  cum  venerabilibus  fratribus  noftris, 
 c  fandte  Romance  ecclefiae  cardinalibus  matura 
 c  confultatione,  de  ipforum  con/ìlio  &affeniu, 
 c  licet  fupradicla  decreta,  edid:a  &  mandata, 
 c  ipfo  jure  nulla,  invalida  &  irrita  fint,  ea  ni- 
 c  hilominus  ipfo  jure  ad  hue  de  novo  nulla,  in- 
 c  valida  &  irrita,  nulliufque  roboris,  &  mo- 
 c  menti  fuiffe,  &  effe,  &  neminem  ad  illorum 
 c  obfervantiam  teneri,  per  prarfentes  decerni- 
 (  mus,  &  declaramus. 
 
 c  Et  infuper,  autoritate  omnipotentis  Dei, 
 c  ac  beatorum  Petri  &  Pauli  apoftolorum  ejus 
 c  ac  noftra,  nifi  Dux  &  Senatus  pisedifti,  intra 
 c  viginti  quatuor  dies,  a  die  publicationis  pra*- 
 c  fentium  in  hac  alma  urbe  facienda?,  compu- 
 c  tandos,  quorum  primos  otìo  pro  primo,  o<fto 
 c  pro  fecundo,  &  reliquos  oóto  pro  tertio  & 
 c  ultimo,  ac  peremptorio  termino,  &  pro  mo- 
 t  pitione  canonica,  illis  aiTIgnamus,  prsdi&a  de- 
 
 c  creta 
 
pi       Bulla  T auli  Papa  V. 
 
 c  creta  omnia,  &  in  illis  contenta,  &  inde  le- 
 c  quuta  qualunque,  omni  prorfus  exceptions 
 c  &  excuiatione  ceffante,  publice  revocaverint,. 
 c  &  ex  -eorum  archiyiis,  feu  capitularibus  locis, 
 *  aut  libris,  in  quibus  decreta  ejiifmodi  annota- 
 c  ta  reperiuntur,  deieri,  &  cafTari,  &  in  locis 
 c  ejufdem  domimi,  ubi  promulgata  fuerunt,  re- 
 c  vocata,  deleta,  &  caffo  effe,  neminemque  ad 
 'illorum  obfervantiam  teneri,. publice  nunci- 
 c  ari,  ac  omnia  inde  fequuta  in  priftinum  fta- 
 
 &   jurifditìionem  ecclefiafticam,  ac  noftram, 
 
 &  (edis  apoftolka*  auótoritatem,  ut  praefertur, 
 
 facientibus  edendis,  &  refpeótive  faciendis  in 
 
 pofterum  cavere  &  poenitus  abftinere  prpnii- 
 
 ferint,  ac  nos  de  revocatione,  deletione,  ca£- 
 
 fatione,  nunciatione,  reftitutione,  acpromii- 
 
 c  /ione  praedi&is  certiores  reddiderint,  &  nifi 
 
 c  etiam    prxdi&os  Scipionem    canonicum,   &. 
 
 c  Brandolinum    abbatem,    prardidlo    Horatio 
 
 c  epifcopo.  &  nuncio  cum  effctìu  confìgnaverint, 
 
 c  feu  confignari  fecerint,    ipfos  tunc,    &  pro 
 
 c  tempore exifìentem  Ducem  &  Senatum  rei- 
 
 c  publico  Vehetorum,    ftatutarios,    &  eorum 
 
 c  iautores,  confukores,   &  adha?rentes,  &  eo- 
 
 c  rum  quemlibet,  etiamfì  non  fint  fpecialiter 
 
 c  nominati,  quorum  tamen  fingulorum  nomi- 
 
 c  na  &  cognomina,   pra?fentibus  pro  expreflls 
 
 c  haberi  volumus,  ex  nunc  prout  ex  tunc,  &  e 
 
 *  contra  excommunicamus,  &  excommunica- 
 
 c  tos  nunciamus,  &  declaramus  :  a  qua  excom  - 
 
 c  munì- 
 
Bulla  Pauli  Papa  V.         36$ 
 
 municationis  fententia,  praterquam  in  mortis 
 articulo  confiituti,  ab  alio,  cjuam  a  nobis, 
 &  Romano  pontifice  pro  tempore  exiftente, 
 etiam  prcctextu  cujufcunque  facultatis,  eis, 
 &  cuilibet  illorum,  tani  in  genere  quam  in 
 fpecie,  pro  tempore  defuper  conceda?,  feu 
 concedendo,  nequeant  abfolutionis  benefi- 
 cium  obtinere  :  &  fi  quempiam  eorum,  tan- 
 quam  in  tali  periculo  conftitutum,  ab  ejuf- 
 modi  exeommunicationis  fententia  abfolvi 
 contigerit,  qui  poftmodum  convaluerit,  is  in 
 eandem  fententiam  reincidat  eo  ipfo,  nifi  man- 
 datis  noftris,  quantum  in  fé  erit,  paruerit: 
 &  nihilominus,  fi  obierit,  poft  obtentam  hu- 
 jufmodiabfolutionem,  ecclefiaftica  careat  fe- 
 pultura  ;  donéc  mandatis  noftris  paritum 
 fuerit. 
 
 c  Et  fi  dióii  Dux  &  Senatus  per  tres  dies,  port 
 lapfum  diótorum  viginti-quatuor  dierum , 
 exeommunicationis  fententiam,  animo,  quod 
 abfit,  fuftinuer-int  indurato,  fententiam  ipfam 
 aggravantes,  ex  nunc  pariter  prout  ex  tunc, 
 civitatem  Yenetiarum,  &  alias  civitates,  ter- 
 ras, oppida,  caftra,  &  loca  qualunque,  ac 
 univerfum  temporale  dominium  dióke  rei- 
 publtca?,  ecclefiaftico  interdico  fupponimus, 
 illamque  &  illud  fuppofita  effe  nunciamus,  & 
 declaramus,  quo  durante,  in  difta  ciyitate 
 Venetiarum  &  aliis  quibufeunque  ditìi  domi- 
 mi ci  vitatibus,  terris,  oppidis,  caftris  & :  locis, 
 illorumque  ecclefiis,  ac-  locis  piis,  &  orato- 
 J  riis^  etiam  privatis,  &  domefticis  capellis,  nec 
 *  c  publice^ 
 
3^4  Bulla  Pauli  Tapa  V. 
 c  publice,  nee  prfvatlm,  miffe  tarn  folemnes, 
 c  quam  non  folemnes,  aliaque  divina  officia 
 c  celebrari  poffint ,  prseterquam  in  cafibus  a 
 c  jure  permiffis,  &  tunc  in  ecclefiis  tantum  & 
 c  non  alibi,  &  in  illis  etiam  januis  claufis,  non 
 c  pulfatis  campanis  ,  ac  excommunicatis  & 
 c  interdi(ftis  prorfus  exclufis  :  neque  aliter  quse- 
 c  cunque  indulta,  &  privilegia  apoftolica,  quo- 
 c  ad  hoc  quibufcunque,  tarn  fecularibus  quam 
 4  regularibus  ecclefiis,  etiam  quantumcunque 
 c  exemptis,  &  apoftolica:  fedi  immediate  fub- 
 c  jetìis,  etiamfi  de  ipforum  Ducis  &  Senatus 
 c  jure  patronatus,  etiam  ex  fundatione,  &  do- 
 c  tatione,  aut  etiam  ex  privilegio  apoftolico 
 c  exiftant,  ac  etiam  fi  tales  fiat  quse  fub  gene- 
 c  rali  difpofitione  non  comprehendantur,  led  de 
 c  illis  fpecialis,  &  individua  mentio  habenda 
 c  fit,  Monafteriis,  ordinibus,  etiam  mendi- 
 c  cantium,  aut  inftitutis  regularibus,  eorumque 
 c  primiceriis,  pradatis,  fuperioribus,  &  aliis 
 c  quibufcunque  etiam  particularibus  perfónis, 
 c  aut  piis  locis,  &  oratoriis  etiam  domefticis, 
 c  ac  capellis  privatis,  ut  prsefertur,  in  genere 
 c  vel  in  fpecie,  fub  quibufcunque  tenoribus,  & 
 c  formis  ha&enus  concefla,  &  in  pofterum  con- 
 *  cedenda,  ullatenus  fuffragentur. 
 
 c  Ac  ulterius,  eofdem  Ducem  &  Senatum,& 
 c  quemlibet  eorum  non  folum  reipublica:,  fed 
 c  etiam  privato  nomine,  fi  aliqua  bona  eccle- 
 c  fiaftica  in  feudum,  feu  alias,  quovis  modo  a 
 c  Romana,  aut  veftris,  feu  aliis  ecclefiis  con- 
 c  cella,  obtineant,  illis  feudis  &  bonis,  necnon 
 I  etiam  omnibus,  &  quibufcunque  privileges,  & 
 
 I  indultis> 
 
Bulla  Vault  Papa  V.       ^6$ 
 
 indultis,  in  genere  vel  in  fpecie,  in  quibuf- 
 dam  videlicet  cafìbus  &  deli&is  contra  cleric 
 cos  procedendo  illorumque  caufas,  certa  for- 
 ma prasfcripta,  cognofcendi,  a  Romanis  pon- 
 tifici bus  pradecefforibus  noftris  forfan  quo- 
 modolibet  conceffis,  ex  nunc  fimiliter,  pro- 
 ut  ex  tunc,  &  e  contra  privamus,  ac  priva- 
 tes fore,  &  effe  nunciamus  &  decernimus. 
 '  Et  nihilominus,  fi  ipfi  Dux,&Senatus  in  eo- 
 rum  contumacia  diutius  perftiterint  indurati, 
 cenfuras  &  pcenas  ecclefiafticas  contra  illos, 
 eifque  adhaerentes,  &  in  praemiffìs,   quovis 
 modo  fàventes,  aut  auxilium,  confilium  & 
 favorem   praeftantes,  etiam   iteratis   vici  bus 
 aggravanti,  &  reaggravandi,  aliafque  etiam 
 pcenas  contra  ipfos  Ducem  &  Senatum  decla- 
 randi,  &  ad  alia  opportuna  remedia,  juxta 
 facrorum  canonum  difpofitionem,  contra  eos 
 procedendi   facultatem  nobis,    &  Romanis 
 pontificibus  fuecefforibus  noftris,  nominatim 
 &   in  fpecie   refervamus.      Nonobftantibus 
 quibufvis  conftitutionibus,  &  ordinationibus 
 apoftolicis,    necnon  privilegiis,    indultis,  & 
 literis  apoftolicis  eidem  Duci  &  Senatui,  aut 
 quibufvis  aliis  perlbnis,  in  genere  vel  in  fpe- 
 cie, prsefertim  quod  interdici,    fu  (pendi,  vel 
 excommunicari  non  poifint,  per  literas  apo- 
 ftolicas,  non  facientes  plenam  8r  expreffam, 
 ac  de  verbo  ad  verbum,  de  indulto  hujuf- 
 modi  mentionem,  ac,  alias  fub  quibufcunque 
 tenoribus,  8c  formis,  &  cum  quibufvis  etiam 
 derogatoriarum  derogatoriis,  aliifque  effica- 
 
 i  cioribus, 
 
%66      Bulla  Vault  Papa  V. 
 
 cioribus,  8c  infolitis  claufulis,  ac  irritantibuS, 
 &  aliis  decretis,  ac  in  fpecie  cum  facilita ti- 
 bus  abfolvendi  in  cafibus,  nobis,  &  apofto- 
 licas  fedi  refervatis,  illis  quovis  modo,  per 
 quofcunque  Romanos  pontifices,  ac  nos  &:  fe- 
 dem  apoftolicam,  in  contrarium  prasmiffo- 
 rum  conceffis,  confirmatis  &:  approbatis  : 
 quibus  omnibus  8r  fingulis,  &  aliis  fupra  ex- 
 preffis,  eorum  tenores  praefentibus  pro  ex- 
 preffis  habentes,  hac  vice  dumtaxat  fpecia- 
 liter,  &  expreffe  derogamus,  caeterifque  con- 
 trariis  quibufcunque. 
 
 6  Ut  autem  praefentes  noftrae  literae  ad  om- 
 nium majorem  notitiam  deducantur,  vobis, 
 &  cuilibet  veftrum,per  eafdem  praefentes  corn- 
 mittimus,  &  in  virtute  fanftae  obedientiae,  & 
 fub  divini  interminatione  judicii,  necnon  fub 
 interdirti  ingreffus  ecclefiae,  ac  fufpenfionis  a 
 pontificalium  exercitio,  ac  fruftuum  menfa- 
 rum  patriarchalium ,  archiepifcopalium  & 
 epifcopalium  perception^  quoad  vos  fratres 
 patriarchae,  archiepifcopi,  &:  epifcopi,  ac  e- 
 tiam  privationis  dignitatum,  beneiiciorum, 
 &•  oificiorum  ecclefiafticorum  quorumcun- 
 que,  quae  obtinueritis,  ac  etiam  vocis  à£tivae 
 &  paffivae,  ac  inhabilitatis  ad  ilia,  &  alia  in 
 pofterum  obtinenda  ;  quoad  vos  tilii  vicarii, 
 &  alii  fupradicti,  eo  ipfo  incurrendis,  aliifque 
 arbitrio  noftro  infligendis  pcenis  diftri&e  pras- 
 cipiendo  mandamus,  ut  per  vos,  vel  alium, 
 feu  alios,  praefentes  literas,  poftquam  eas  re- 
 4  ceperitis,  feu  earum  notitiam  habueritis,  in 
 
 6  veftris 
 
Bulla  Vault  Papa  V.       367 
 
 Veftfis  quifque  ecclefiis,  dum  major  in  eis 
 populi  multitudo  ad  divina  convenerint,  ad 
 majorem  cautelam,  folemniter  publicetis,  & 
 ad  Chrifti  fidelium  notitiam  deducatis,  nec- 
 non  ad  earundem  ecclefiarum  veftrarum  val- 
 vas  affigi,  &r  aifixas  dimitti  faciatis.  Et 
 ulterius  volumus,  ut  praefentium  tranfumptis, 
 etiam  impreffis,  manu  alicujus  notarii  pufa- 
 lici  fubfcriptis,  &  figillo  perlbnae  in  digni- 
 tate  ecclefiaftica  conftitutae,  munitis,  eadem 
 prorfus  fides  ubique  habeatur,  quae  ipfis  prae- 
 fentibus  haberetur,  fi  forent  exhibit»,  vel 
 oftenf»,  quod  que  eaedem  praefentes,  five  ilia- 
 rum  exempla,  etiam  ut  praefertur  impreiTa, 
 ad  ecclefiae  Lateranenfis,  &  Bafilicae  prin- 
 cipis  apoftolorum,  &  Cancellane  noftrae 
 apoftolicae  valvas  &  in  acie  campi  Florae, 
 ut  moris  eft,  affix»,  &  publicatae,  eofdem 
 Ducem  &  Senatum,  ac  alios  quofcunque 
 prssdicbos,  vofque  etiam  univeribs,  &  fin- 
 gulos,  refpeftive  perinde  afficiant,  ac  fi 
 eorum  ac  veftrum  cuilibet  perfonaliter  di- 
 rects, intimata?,  &  praefentatas  fuiffent.  Da- 
 tum Rom»,  apud  Sanftum  Petrum,  iub 
 annulo  pifcatoris,  die  decima  feptima  Apri- 
 lis  anni  millefimi  fexcentefimi  fexti,  Poa- 
 tificatus  noftri  anno  primo. 
 
 M.  Veftrius  Barbianus. 
 
 4  Anno  a  nativhate  domini  noftri  Jefu 
 Chrifti,  1Ó06.  Indizione  quarta,  die  vero 
 decima  feptima  menfis  Aprilis,  pontificatus 
 
 4  fan&itTimi 
 
3<58       "Bulla  Tauli  Papa  V. 
 
 €  fan&iffimi  in  Chrifto  patris,  &  domini  no 
 €  ftri,  domini  Pauli,  divina  providentia  Pa- 
 *'pas  V.  anno  ejus  primo,  fupradi&ae  liters, 
 c  earumque  exempla  impreffa,  affixa,  &  pub- 
 c  licata  fuerunt  ad  valvas  ecclefiae  Lateranenfis, 
 1  ac  Bafilicae  principis  apoftolorum,  &  Cancel- 
 '  lariae  apoftolicae,  necnon  acie  campi  Florae,  ut 
 '  moris  eft,  per  nos  Chriftophorum  Fundatum, 
 6  &  Joannem  Dominicum  de  pace,  apoftolicos 
 f  curfores. 
 
 Petrus  Jlojfius  PeregrinuSj 
 Cur  forum  Magfjler* 
 
m, 
 
 tM 
 
 APPENDIX. 
 
 N  the  collection  of  Father  Paul's 
 Letters  (which  was  printed  near 
 thirty  years  ago  for  Mr.  Chifwefl) 
 there's  one  directed  to  M.  Gillot,  a 
 worthy  proteftant,  and  one  of  the 
 French  King's  council  in  the  Parlia- 
 ment of  Paris  y  in  which  the  Father 
 gives  his  opinion  of  gcclefiaitic  and 
 civil  government,  of  the  life  of  the  word  [Power] 
 in  the  Church,  and  of  the  fo  much  controverted 
 text,  My  kingdom  is  not  of  this  world-  And  becaufe 
 this  letter  in  general  bears  an  affinity  to  the  fubjecl: 
 of  the  foregoing  treatife,  and  may  be  of  ufe  for  ex- 
 plaining the  faid  text,  it  is  thought  fit  to  infert  an 
 extract  of  it,  as  follows.  N.  B.  The  letter  is  dated 
 from  Venice,  December  i,  1609. 
 
 a  I  have  carefully  read  over  the  Conjiderations  of 
 your  famous  divine  M.  Richier,  who  has  learned- 
 ly and  folidly  managed  the  whole  Argument,  by 
 one  only  diftinttion-  He  fays  there  are  two  ferverai 
 powers  in  one  and  the  fame  chriitian  common- 
 wealth, the  ecclefiaftic  and  the  kingly  or  civil 
 power,  neither  of  which  is  fubject  to  the  other  ; 
 but  both  of  them  are  fubjecl:  to  God.  I  am  afraid 
 this  is  to  make  the  Commonwealth  have  two 
 
 A  a  a  head* 
 
 cc 
 
 cc 
 
370     ATTEND  IX 
 
 tc  heads  ;  for  now  I  muft,  as  Logicians  do,  bring 
 cc  the  matter  to  a  fumcient  divifion.  Either  one 
 <c  of  thefe  is  fubjeci:  to  the  other,*  or  if  nor,  both 
 "  of  them  are  fubjeci:  to  one ,  or  elfe  they  both  re- 
 u  main  fupréme,  and  neither  by  turns,  nor  any  other 
 c<  wa£  are  fubjeci  to  one  another.  •  He  that  will 
 <c  aifert  this  lait  will  make  a  monfter  of  govern- 
 cc  ment,  that  will  not  continue,*  and  I  believe  that 
 "  for  this  very  rea  fon  England  and  Germany  were  not 
 cc  able  to  keep  in  their  former  ftate.  But  he  that 
 "  will  go  about  to  make  both  fubjeci:  to  one,  if  it 
 u  be  to  any  humane  Power,  'tis  well,  and  I  will  not 
 "  difpute  it,  but  {hall  be  fatisfied  in  it;  but  if  it 
 <c  be  to  a  divine  power,  he  will  never  avoid  the 
 "  monfter  I  was  fpeaking  of.  But  if  either  be  fub- 
 "  ject  to  the  other,  'ds  well. 
 
 "  Oux-Romanifls  will  have  the  royal  power  to  be 
 cc  fubjeci:  to  the  papal,  and  to  make  one  chriftian 
 "  commonwealth,  and  the  Pope  to  be  head  of  it. 
 "  Whoever  allows  this,  muft  make  Kings  no  more 
 <c  than  clients  and  beneficiaries  ;  nay  farther  do,  by 
 4<  their  opinion,  make  them  precarious  tenants,  that 
 "  hold  of  the  Pope  of  Rome.  For  they  think  that 
 Kings  may  not  only  be  deprived  for  their  faults, 
 but  for  any  other  rea  fon  of  the  Church's  profit 
 "  and  good  ;  wherein,  as  the  Pope  is  made  judge, 
 he  only  is  the  Prince,  according  to  thefe  prin- 
 ciples, ^that  has  majefty  and  lovereignty  belong- 
 ing to  him.  And  why  ought  I  not  to  infer  and  argue 
 thus,  when  Pope  Clement  V  did  decree,  that  an 
 oath  of  fidelity  ro  him  mould  be  taken  by  the 
 Emperor  ?  And  you  muft  not  fay  that  this  is  a 
 ♦iugular  cafe  concerning  the  Emperor,  and  that 
 ©titer  Kings  fwear  no  filch  thing  to  the  Pope  ;  for 
 then  you  \riil  have  to  do  with  Bellarmine^  who, 
 d  i piuing  at  this  time  with  his  majefty  cf  Great 
 Britain,  would  have  us  think  that  there  is  1  knoto 
 
 "  not 
 
 cc 
 
 tt 
 ft 
 
 c< 
 
ATT  END  I X.     371 
 
 not  what  fecret  oath  made  to  the  Pope  in,  the 
 baptifin  of  Kings;    but  he  will    find  an  e&prefs 
 oath  taken  by  them  at  their  inauguration,  when 
 they  fvvcar  to  the  people  ;  and  from  hence  there 
 will  arife  another  fort  of  concludo*).- 
 "  I  have  feen  the  Diike  of  Niven's  oration  for 
 the  King,  printed  at  Rome,  where  the  word  obe- 
 dience is  never  named  but  in  great  letters.     But 
 mult  it  be  fo  then,  that  the  eccleflaftic  power  is 
 to  be  fujyject  to  the  kingly  ?  I  am  contented  with 
 it  ;  for  then  the  Church  will  fare  juft  as  it  did  in 
 Juflinians  time-     No  man  can  better  learn  what 
 the  government  of  the  Church  was,  than  by  reading 
 the  novel  conflitutions  of  his  making,  only  that 
 is  to  be  explained  after  what  manner  it  may  be 
 that  the  chriftian  religion  may  not  be  a  worldly 
 thing,  when  it  is  made  fubject  to  worldly  and  po- 
 litic power.     Concerning  power  eccleiiaftical  I 
 have  difcinguiuVd  thus  ;  that  one  part  of  it  be- 
 longs to  the  kingdom  of  Heaven,  the  other  con- 
 cerns the  external  government  and  difcipline  of  it. 
 "  I  do  not  fpeak  of  powers  abitractedly,  or  as  to 
 the  effence  of  them,   but  after  the  Italian  way  cf 
 fpeech,  as  we  call  him  that  is  chief  in  a  city  the 
 Podefta.     And  that  I  may  explain  my  fenfe  of  it 
 farther,  it  mud:  needs  be,  unlefs  we  will  have  a 
 Kingdom  to  be  a  moniter  in  point  of  government, 
 that  either  the  King  mr.fi:  be  fubject  to  the  Pfi- 
 mate,  or  the  Primate  fubject  to  him  ;  and  Co  I 
 avoid  all   abftractednefs   by   thofe   words.      l-'t 
 Richier   did    ingenioufly    decline    the    abfurdity, 
 when  lie  fays,  that  they  are  both  of  'era  fo  affec- 
 ted and  co-ordinated,  that  they  mutually  help 
 each   other;    and  that  God  has  feen  it  fitting 
 that  they  fhould  both  be  linked  together  by  mu- 
 tual helps  as  fo  many  bonds  ;    and  that  the  Pri- 
 mate has  power  over  the  King  in  cenfures  and 
 *  A  a  2  "  the 
 
tf-L      ATTEND  IX. 
 
 the  King  power  over  him  in  punifhments  ;  and 
 tj  at  this  is  the  fenfe  of  the  canon  Duo/urn,  dift. 
 9<5.  But  the  difficulty  which  I  had  at  firffc  does' 
 not  feem  to  be  removed  by  what  has  been  faid, 
 but  grows  ftronger.  For  what  if  the  King  and 
 Prknate  mould  both  take  the  fame  matter  to 
 themfelves,  and  the  Primate  make  ufe  of  his 
 cenfures  againft  the  King,  and  the  King  on  the 
 other  fide  make  ufe  of  his  punifhments  upon  the 
 Primate  ?  Would  not  the  commonwealth  be  dif- 
 turb'd  at  this  ?  Let  us  fuppofe  for  inftance  the  Ve- 
 netian coutroverfy.  The  King  fays  that  church- 
 men have  too  much  lands  already,  and  that  it  is 
 not  for  the  good  of  the  commonwealth  that  they 
 get  any  more.  The  Primate  by  his  cenfures  will 
 have  the  King  to  revoke  this  edict  What  now  if 
 the  King  mould  take  from  the  Primate  his  life  and 
 eftate  ?  And  now  you  fee  the  monitrous  form  of 
 fuch  a  commonwealth.  I  fhould  willingly  tell 
 M.  Ricbier  that  they  cannot  be  link'd  together  by 
 any  way,  bonds,  or  ties^  unlefs  one  of  the  two 
 be  wholly,  and  in  all  things,  fubjeci:  to  the  other: 
 For  divide  the  offices  of  the  commonwealth  into 
 a  thoufand  parts,  and  give  the  King  nine  hundred 
 of  them,  and  yet  make  the  King  inferior  to  the 
 Primate  in  the  odd  hundred  that  remains,  and 
 with  that  lad  tenth  part  he  will  be  able  to  trample 
 upon  the  King,  and  get  into  his  hands  ail  the 
 other  nine.  We  find  this  by  experience  ;  where  & 
 magiftrate  has  a  cafting  vote,  and  is  unaccount- 
 able, he  prefently  makes  the  adminiftration  of 
 the  commonwealth  his  own  ,•  for  when  any  thing 
 happens  which  he  has  a  mind  to  take  cogmfance 
 of,  he  declares  that  to  be  in  his  power,  and  to 
 be  fo  without  further  appeal.  That  the  Bifhop 
 mould  mutually  affili  the  Governor,  and  the  Go- 
 vernor him,   is  good  and  profitable,  if  both  be 
 
 *  under 
 
<c 
 
 et 
 
 j  p  P  ENT>IX     37? 
 
 «  under  the  King:    A  middle  way  of  ferving  or 
 «  commanding  the  King  I  fee  none.     I  once  faid 
 «<  Se  are  feme  things  which  mutually  help  each 
 «  òrba,  as  a  Commander  of  foldiers  ,n  (hips,  and 
 «  a  fea  Captain  ;    the  fea  Captain  is  under  him 
 «  when  they  come  to  fight  :,  the  Commander  under 
 ««him  as  to  matter  of  fading   and    working  his 
 «  ftip.     But  then  I  faid  again,  this  is  not  amiis,  it 
 "  both  are  under  the  King.    But  here  you  may  fay 
 '  that  the  King  himfelf  commands  the  foldiers  at 
 fea  ;  and  he  even  in  matters  of  navigation  is  not 
 under  the  Captain  or  Admiral  ;  and  you  will  tell 
 me,  will  not  the  King  obey  him,  when  he  has 
 given  him  his  place  in  the  (hip  for  his  own  fafe- 
 tv  ?  Shall  not  the  Admiral  or  Captain  here  com- 
 mand the  King  ?  Yes  he  mufi :  ;  but  the  reafon  is 
 ■  becaufe  the  King  in  this  cafe  brings  himfelf  un 
 "  der  command  ;   and  he  that  commands  him  muit 
 «<  be  commanded  by  him,  becaufe  his  right  of  com- 
 «  mand  depends  upon  the  King;  and  if  the  Adnu- 
 «  ral  commands  the  King  by  any  other  power  but 
 "  his  own,  the  King  is  turned  out  of  his  power, 
 «'  and  the  Admiral  turned  rebel. 
 
 «'In  a  word,  majefty  admits  no  mutuality,  but 
 "  all  power  mnft  depend  on  him    and  be  under 
 "  him:    Nothing  muft  be  greater  than  the  King, 
 "  nothing  muft  be  equal  with  him  ;    if  you  arc  «.- 
 "  empted  from  him,  if  he  ftands  in  need  ot  preca 
 «  rious  help,  he  has  no  kingdom.     Here  I  meddle 
 ««  not  with  perfons  ;  for  Luam  and  Marcus  were  on- 
 '<  ly  one  Roman  emperor,  and  the  Vemt«n  nobility 
 «  makes  but  one  prince.    And  M.  Rkbkr  s  example 
 «  taken  from  the  goldfmith  and  the  coiner  is  not 
 «  -current  ;    but  as  both  of  them  are  under  the 
 «  prince  or  people,  who  fet  the  price  on  the  metals 
 «  thev  work  upon,  make  them  but  fubjeS  to  none 
 
374     ATT  END  IX. 
 
 "  and  prefendy  they  will  be  at  a  lofs  about  the 
 tc  value  of  the  bullion. 
 
 "  As  to  the  kingdom  of  Heaven,  Chrift  is  a  Prieft 
 <c  and  King  without  doubt  :  He  hath  made  m  all, 
 u  fays  St.  Peter,  Priefts  and  Kings  ;  that  is,  he  hath 
 "  made  his  Church  a  royal  Priefthood,  by  making 
 *  his  minifters  partakers  of  the  royal  and  prieftly 
 "  power.  Admit  this,  he  hath  made  his  ftewards 
 cc  and  Minifters  Viceroys  in  his  abfence,  this  is 
 "  certain.  As  my  father  fent  me,  fays  he,  fo  fend  I  you; 
 cc  but  that  power  is  not  of  this  world;  it  belongs  to 
 tc  the  kingdom  of  Heaven  ,*  it  neither  receives  nor 
 "  gives  any  thing  of  mutual  help  from  or  to  an 
 <c  earthly  King.  And  there  is  no  wonder  in  all  this, 
 cc  for  they  do  not  walk  together,  they  cannot  meet 
 *c  together.  ChrifFs  minifter  and  vicar  has  his 
 <c  converfation  in  Heaven,  from  whence  we  look 
 <c  for  Chrift  the  faviour,  Philipp.  3.  The  King  of 
 cc  France  has  no  diminution  of  power,  becaufe  his 
 "  dominion  does  not  reach  up  to  the  feven  ftars. 
 <c  The  kingdom  of  Heaven  is  further  off  from  the 
 <c  French  nation  than  thofè  ftars  are.  The  kingdom  of 
 <c  Heaven  is  within  you,  fays  Chrift,  St.  Luke  1 7.  But 
 "  whether  an  earthly  prince  does  any  thing  towards 
 "  the  kingdom  of  Heaven,  he  will  be  beft  able  to 
 "  fay,  who  learns  by  hiftory  how  much  more  it 
 "  thrived  under  Dioclefian  ;han  under  Conflantine. 
 "  No  body  comes  after  Chrift  but  one  that  takes 
 <c  up  his  crofs. 
 
 u  The  kingdom  of  Heaven  begun  by  the  crofs, 
 <c  'tis  augmented  and  perfected  by  the  crofs  ;  not 
 "  but  that  the  Church  may  flourifli  under  peace; 
 <c  but  becaufe  God  doth  fometimes  plant  it  by  the 
 "  favours  of  princes,  and  fometimes  plant  and  in- 
 cc  creafe  it  by  perfections,  thro*  honour  and  dishonour, 
 <c  by  evil  report  and  good  report,  2  Cor.  6-  all  things 
 u  work  together  for  good  to  thofe  that  love  God  :  I  have 
 
 ic  not 
 
ce 
 
 A  T  T  E  N  V  I X.     375 
 
 ■*  not  took  the  word  of  the  Kingdom  of  Heaven  as 
 ■■'  meant  of  the  Church  [here  below,]  and  fo  I  con- 
 :<  ceive  the  fcriptures  teach  me  to  Underftand  it. 
 
 «  They  are  Chriil's  minifters  who  have  the  keys 
 «  of  the  kingdom  committed  to  them  :  No  body 
 «  can  fay  properly,  that  he  who  keeps  the  keys  ot 
 «  the  houfe  is  the  houfe  itfelf  :  And  thofe  words  in 
 «  St.  loin's  Revelations,   Thou  haft  made  us  unto  our 
 ?  God  Kings  aa  Priefls,  and  ve  fiali  reign  on  the  earth 
 are  not  only  fpoken  of  his  minifters,  but  or  all  elle 
 of  every  tribe,  language,  people    and  nation,  that 
 -  are  cleanfed  and  redeemed  by  the  blood  of  Chnft. 
 «  But  I  never  difpute  willingly  about  names.     Let 
 «  it  be  fo,  that  as  when  we  fpeak  of  the  kingdom 
 «  of  France,  we  do  not  only  mean  the  people,  but 
 "  fuperior  order  of  men,  and  the  King  himlelt  ;  lo 
 «  let  it  be  underftood  of  the  Church,  that  upon 
 "  that  reafon  it  may  not  only  be  all  of  it  call  a  the 
 «  kingdom  of  Heaven,  but  let  thofe  who  govern  it 
 «  enjoy  that  title  too.     Yet  for  all  this  it  would  be 
 «  but  ill  for  the  kingdom  of  France,  if  the  fecond 
 «  fignihcation  being  not  laid  afide,  and  retained  no 
 «  further  than  the  name  or  word  goes,   all  others 
 «  fliould  have  no  manner  of  right  or  property  lert 
 "  them  in  the  kingdom  ;  for  what  there  is  appoin- 
 "  ted  in  the  canon  *  Bene  quidem,  Difi.  96-  is  very 
 "  manifeft  of  itfelf. 
 
 «  When  the  title  of  Vice-God  was  firft  given  to 
 "  the  Pope  by  the  Vatican  courtiers,  the  flattery 
 "  began  to  look  fo  grofs,  that  it  was  three  months 
 '"  under  the  confiderations  of  the  cardinals,  who 
 "  were  prefidents  of  the  inquifition,  who  debated  a 
 "  little  about  reproving  and  difcountenancing  that 
 "  blafphemous  new  complement.   But  here  the  Pope 
 
 *  Which  rorbi.'s  all  liy-men  to  difpefe  of  any  ecclefuftic 
 matt:  . 
 
tfó     ATTEND  1 X 
 
 cc  clapt  in  with  his  wifdom  above  theirs,  made 
 <c  them  know  that  he  liked  the  title,  and  would  have 
 u  no  man  deny'd  liberty  of  conference  that  had  a 
 <c  mind  to  beftow  it  on  him. 
 
 "  The  thing  that  you  are  debating  with  yonrfelf,. 
 <c  whether  the  name  of  Power  in  the  Church  be  ad- 
 <c  mittable  or  no,  is  really  worthy  of  your  thoughts. 
 <c  No  body  mould  much  need  to  regard  words  and 
 <c  names,  but  that  evil  and  perverfe  men  do  by  abu- 
 c<  fing  them,  abufe  things  alfo  ;  as  when  once  they 
 <c  engrofled  the  name  of  Church  to  themfelves,  they 
 cc  prefently  feized  upon  thofe  goods  and  eftates 
 <c  which  belong'd  to  the  whole  Church,  and  were 
 *c  only  in  the  difpenfation  of  the  miniiters  of  it,  as 
 "  their  own  proper  inheritance,  and  fhut  out  every 
 "  body  elfe  from  any  right  of  meddling  with  them. 
 
 "  Though  I  am  a  man  that  exceedingly  hate  the 
 cc  abufe  of  the  word  Power,  yet  I  think  it  may  be 
 <c  fafely  ufed,*  becaufe  the  apoftle,  2  Cor.  doth 
 "  twice  ufe  theword  it,&&tk;  and  in  the  rM  epiftle 
 <c  ufes  a  verb,  made  of  that  noun,  in  a  fenfe  of  com- 
 <c  manding  and  governing  ;  tho'  before  I  knew  fo 
 "  much  as  I  do  now,  I  ufed  to  fpeak  more  freely 
 €i  as  to  the  eccleiiaft  ic  miniftry  •  But  thofe  of  Rome 
 cc  have  made  me  to  be  drawn  in  effigy  in  hell,  be- 
 tc  caufe  I  did  not  allow  them  a  coercive  power  over 
 C(  Sovereign  Princes,  nor  over  any  body  effe,  but  by 
 <c  iomz  grant  of  thofe  Princes.  ■  For  fome  men 
 <c  are  fo  prepoiìefìed  with  darling  opinions,  fuch 
 <c  doiahurpoi,  or  worfhipers  of  their  own  imagina- 
 "  tions,  that  they  are  prefently  offended,  if  a  man 
 <c  do  not  fpeak  very  foftly  againfl  them,  who  never- 
 <c  thelefs  are  not  worth  offending;  becaufe,  whether 
 <:  they  are  deceived  by  others,  or  do  deceive  them- 
 cc  felves,  there  is  no  getting  them  out  of  the  fetters 
 tc  of  thofe  opinions. 
 
 CONTENTS. 
 
CONTENTS. 
 
 H  E  author's  introducìory  difcourfp 
 upon  the  alarm  of  the  Venetians  by 
 the  Pope's  interdice  $  upon  the  diffe- 
 rent ways  of  thinking  between  great 
 genius's  and  mean  fpirits  5  and  upon 
 the  common  people's  being  kept  e- 
 qually  in  ignorance  of  the  maxims  of 
 ftate,  and  the   myfteries  of  religion  Page  1  to  5 
 
 The  general  titles  of  the  chapters  he  treats  of  5,  6 
 
 Chap.  I.   Whether  the  Pope  and  the  Church  have  a  pover  to 
 excommunicate  ?  7 
 
 A  pafTage  in  the  New  Teftament,  ori  which  the  pnmi- 
 tivechriftians founded  it  ibid. 
 
 What  excommunication  is  8,  &*c. 
 
 Two  fcrts  of  it,  the  major  an  1  the  minor,  defined  10 
 
 A  note  on  the  Church's  want  of  charity  for  perfons  ex- 
 communicated It 
 Chap.  II.  What  perfons  are  liable  to  excommunication ì    and 
 for  vhat  cdufe<  *                                                                          14 
 The  feverity  of  excommunication                              ibid. 
 Specification  of  certain  fins  that  are  not  punifhable  with 
 it                                                                              1;,  &Y. 
 The  great  caution  that  ought  to  be  in  the  ufe  of  it        14 
 The  injuftice  of  a  canon  of  the  Council  of  Trent,  relating 
 to  excommunication                                              14,  15 
 Excommunication  not  warranted  by  the  example  of  Cbrift 
 and  his  Apoftle  Peter                                                 1  5,  1 5 
 It  ought  to  be  juft,  and  how  fir  this  is  poillble  16 
 Difference   betwixt  excommunication  and  all  other  fen- 
 tences  1 7 
 B  b                                Excom- 
 
T 
 
 370   C  0  NT  E  N 
 
 Excommunications  a  jure  and  ab  lomhe,  how  they  are  di- 
 ftinguifh'd  by  the  court  of  Rome,  aud    how   decreed 
 
 Page  17,  &'- 
 The  evil  of  forcing  people's  confidences  1 9 
 
 Two  other  kinds  of  excommunication  ibid. 
 
 Exceptions  to  which  they  are  liable  io 
 
 The  irrjuftice  of  the  excommunication  latee  fententice    Hid. 
 The  conditions  necefEry  to  make  excommunication  va- 
 lid 2* 
 "Whatcircumfpefrion  fhould  be  ufed  in  the  excor?  muni- 
 cation  of  a  iovereign                                        21,  22,  24 
 The   inconven.eneies  that  might  otherwife  arife  from 
 thence  to  focjety  22 
 The  obligation  of  fubjech  obed fence  to  their  prince  ibid. 
 The  ancients  notion  of  rebellion  25 
 The  arts  of  CoJhigaiy  Numa,  Mahomet,  and  Mofe s%    to  pof- 
 fefs  the  p  ople  with  a  due  regard  ro  their  laws       ibid. 
 The  ill  confequences  of  excommunicating  a  prince,  to  the 
 {hte>  as  well  as  to  his  fovereigmy                                 24 
 The  du  y  of  fovereigns  in  fuch  a  cafe                         ibid. 
 That  common  prelates,  as  bid  ops,  &V.  have  no  power 
 to  excommunicate  fovcreign  princes  25. 
 The  fubjeclion  of  a  b'fhop  to  a  ecuhr  prince  dated  ibid. 
 The  power  given  to  bi/hops  limited  by  the  Council  of 
 Trent                                                                              26 ,  1'f 
 That  they  cannot  excommunicate  even  inferior  magi- 
 ftrates  2  7 
 What  is  neceflary  to  be  done  by  bifhops  before  they  offer 
 at  excommunicating  the  prince,  or  fuch  magiitrates  28 
 The  Pope's  authority  to  excommunicate  princes       19 
 How  far  a  fecular  prince  is  fubjecl  to  the  Fbpe       30,  Ore. 
 When  the  prince  deferves  excommunication        31,  32,  34 
 Father  Paul's  agreement  with  the  Ultramontane*  m  acknow- 
 ledging the  Pope's  authority  to  decree  articles  of  faith, 
 and  the  rules  of  ecclefiaftical  difcipline,  in  fuch  chriftian 
 ftates  where  there  are  no  laws  to  limit  that  autho- 
 rity                                                                            ibid. 
 He  attributes  the  fame  authority  to  the  Church  33 
 The  Romijb  diftin&ion  betwixt  the  power  of  order  and 
 that  of  iurifdiclion                                                    ibid. 
 
 In 
 
CONTENTS.    371 
 
 In  what  fenfe  the  ecclefiaftical  monarchy  may  b?  term'd 
 
 .   univerfai  Page  35 
 
 Extent  or"  the  Pope's  authority,  and  the  end  for  whuh 
 Chriji  gave  it  him  S4- 
 
 The  two  only  pafQges  where  Chrift  mentions  this  autho- 
 rity &*& 
 
 "What's  to  be  underftood  by  the  commiflions  of  binding 
 and  loofing,  and  feeding  Cbrift'*  fheep  35 
 
 Chriji  would  neither  be  king,  nor  let  his  difciplesbe 'ords 
 of  this  world  37 
 
 The  Pope  has  no  right  to  make  kings,  nor  to  excommu- 
 nicate perfonsforrefafing  to  own  thofe  of  hiseftablifli- 
 ment  37>  3  8 
 
 Kor  to  make  a  fingle  body  of  laws,  compos'd  of  article* 
 of  faith  and  canonical  ftatutes  3& 
 
 "Mahomet's  cunning  in  the  compiling  of  his  Alcoran   ibtd. 
 
 Popes  make  an  ill  ufe  of  the  good  nature  of  lay-prin- 
 ces ibiJ.&W 
 
 Arguments  for  excluding  the  Popes  from  any  4ordflrp 
 over  lay- princes  39 
 
 In  what  quality  they  may  jiiftly  challenge  obedience  4^ 
 
 A  diftin&ion  made  ul'e  of  by  the  court  of  Romet  for  con- 
 fidering  the  Pope  under  different  characters  JM. 
 
 What  end  that  diftin&ion  ferves  4l 
 
 CHAP.  III.  Whether  ferfons  excommunicated  may  appeal  ?    42 
 
 The  lawfulnefs  of  it,  and  the  regular  method  of  doing 
 it  ibid. 
 
 The  divifion  of  ancient  chriftendom  into  five  patriar- 
 chates 43 
 
 The  patriarch  of  Rome  defined  ibid. 
 
 The  fuperiority  of  the  See  of  Rome  proved  to  be  un- 
 known anciently  44 
 
 The  old  way  of  electing  bifhops  »fo4« 
 
 The  origin  of  Counc'ls  ibid. 
 
 The  motives  for  decreeing  ftations  and  indulgences  ibid. 
 
 Who  was  the  fir  ft  1\  pe  chofe  by  the  card. nals  alone,  ex- 
 clufive  of  the  lai  y  45 
 
 Cardinals  no  more  a.  flrit  than  curares  of  parifhes       ih:À. 
 
 Excommunication  proved  to  be  fubjeci  in  its  own  nanne 
 to  appeal  ibid.  &  5& 
 
 Why  judges  are  deputed  to  try  caufes  45,  46 
 
 Bb;  The 
 
Hi  CONTENTS. 
 
 The  confequence  of  admitting  a  Council  to  be  fuperio^ 
 to  the  Pope  p;lge  4* 
 
 Why  'tis  not  to  be  expected  that  the  Popes  will  call  a  ge- 
 neral Council  4^  48 
 
 Popes  abjure  them  ibid. 
 
 The  nature  of  an  appeal  from  the  Pope  to  a  Coun- 
 cil 48,  49 
 
 The  poifonous  remedy  the  Pòpe*  ufe  to  elude  fuch  ap- 
 peals 49 
 
 The  time  granted  by  the  canons  of  the  Church  to  dif- 
 patch  all  ecc  Iella  (ti  cai  procefs  ibid. 
 
 Reafons  why  the  Popes  will  not  admit  of  appeals  from 
 the  Pope,  nor  own  the  fuperiority  of  Councils  50,  52 
 
 The  only  pretences  that  can  be  fuggefted  for  rejecting 
 appeals  5 1 
 
 The  nature  of  all  appeals  ibid. 
 
 Some  exceptions  againft  excommunication,  tho'  it  be 
 pronouncd  by  a  Pope  that  pretends  to  be  infallible  53 
 
 Some  reflections  on  the  Pope's  pretended  infallibi- 
 lity 5i>   55»  5*>  57 
 
 That  all  fentences  are  fubjecl  to  appeals  5  S 
 
 The  conduct  of  temporal  princes  in  admitting  them    59 
 
 Chap.   IV.  Whether  a  Council  or  the  Pope  is  fupenor  ?    60 
 
 Councils  and  the  feveral  forts  of  them  defined  ibid. 
 
 Father  Paul's  particular  femiment  about  the  calling  of  na- 
 tional Councils  tf  1,  64. 
 
 Diocefan  and  provincial  Councils  or  Synods  tfi,  6z 
 
 The  nature  of  inferior  Councils,  and  of  a  general 
 one  #3,  72 
 
 Who  has  a  right  to  call  them  64,  d> 
 
 The  pretences  of  the  Pope's  fuperiority  over  general 
 Councils  refuted  66>  6j,  8v. 
 
 The  nature  of  the  Pope's  confirming  Councils  67 
 
 How  the  Council  of  Trent  requires  fuch  confirmation  t& 
 be  demanded  tf8,  &c 
 
 Reflections  on  the  tedioufnefs  of  that  Council,  and  cm 
 one  of  its  decrees  70 
 
 The  abfurdity  and  injuftice  of  reviling  its  decrees  at 
 Rome  75 
 
 Account  of  two  decrees  propofed  and  paffed  in  that  Coun- 
 cil to  make  the  world  believe  they  were  free  74 
 
 The 
 
CONTENTS.    373 
 
 The  Pope's  confirmation  of  the  decrees  of  the  Council 
 .of  Trent  examined,  and  arguments  to  prove  the  fupe- 
 riori:y  of  a  Council  to  the  Pope      Page  75  to  8i,87,c>r. 
 Remarks   on    two   other  Councils,  and  on  that   of  the 
 Apoftles  82. 
 
 Clement's  conftitutions  ibid. 
 
 What  authority  Chrift  gave  Peter  and  the  reft  of  his  Dif- 
 cip'Ies  85 
 
 The  authority  of  bifhops  %6 
 
 Three  Popes  at  one  time  excommunicating  one  ano- 
 ther 87 
 Chap.  V.    Whether  a  Uwful  prince  may  he  deprived  of  his 
 domnvons  by  reajon  of  excommunication  ?  88 
 Xo  canon  nor  precedent  for  it  in  ancient  Church-hi- 
 ftory                                                                                     89 
 The  empero?  ^ujiinifins  treatment  of  Pope  Vigil          Hid. 
 Pope    J*hny$    admonition    to    Gifulfust    duke    of   Bent- 
 venf                                                                                          90 
 The  unhippy  cafe  of  a  king  of  Navarre  for  confederating 
 with  an  excommunicated  prince                                 ibid. 
 Inftances  of  Popes  who  have  not  excommunicated  prin- 
 ces,  tho'    they  have   been    very    vexatious    to    the 
 Church                                                                     89,  90 
 An  inquiry  into  the  right  of  bifhops  to  excommuni- 
 cate                                                                                 $>r 
 St.  Peter's  commiflion  of  binding  and  loofing  explain- 
 ed                                                                                 92 
 Reflections  ori  the  Pope's  monarchical  authority  93,6  r. 
 The  advancement  of  his  fpiritual  monarchy,  and  the  de- 
 cay of  his  piety,  together  with  that  of  all  other  fub- 
 lunary  things                                                          94,  95 
 How  cunningly  the  Popes  have  workM  themfelves  into 
 fecular  affairs                                                                 95 
 CBIlptric^  king  of  France^  depriv'd  by  Pepin,  and  confirm- 
 ed by  Pope  Zachary                                                      95 
 Charlemaini  king  of  Frame,  crowned   emperor   by   Pope 
 Leo                                                                                           96 
 The  original  of  Peter  -pence                                            ibid. 
 The  intolerable  incroachments  of  Popes  upon  the  right* 
 of  fovereigns                                                              97 
 The  fource  of  all  the  distentions  in  the  Church        ibid. 
 
 Bb  3  The 
 
374    CONTENTS. 
 
 The  only  way  for  the  Pope  to  gain  the  eueem  and  obe- 
 dience of  chriiiians  ^age  9% 
 
 The  abfurdity  of  fetting  tradition  upon  a  level  with  the 
 facred  text  ibid. 
 
 The  injustice  of  the  claufe  in  the  Pope's  excommuni- 
 cations for  depriving  fovereigns  of  their  dominions, 
 and  a^bfolving  their  fubjects  from  their  oath  of  fide- 
 lity 99,  c>r.  to  104, 
 
 Lycurgus's  excufe  for  not  prefcribing  punifhment  for  a  par- 
 ricide 99 
 
 The  rules  laid  down  in  common  law  for  punifhing  crimi- 
 nals- 10a 
 
 The  Pope  proved  to  be  no  more  above  the  law  than  other 
 men  101 
 
 No  difference  betwixt  the  crimes  of  a  private  perfon  and 
 a  prnce  io% 
 
 The  different  degrees  of  eternal  happinefs  and  tor- 
 ments 10$ 
 
 A  notable  faying  of  Arìflides  in  his  exile  ibid. 
 
 That  Popes  cannot  derive  their  worldly  authority  from 
 Cbrifi  IC4 
 
 The  fallacy  of  a  very  trite  maxim  at  Row,  that  a  here- 
 tic ought  either  to  turn  or  burn  ibid. 
 
 The  difference  betwixt  the  judgments  of  God  and  thofe 
 of  men  ibid. 
 
 An  argument  for  making  a  prince  who  has  offended,  the 
 fulled  fatisfaction  after  his  repentance  105 
 
 Pope  Gregory's  faying  upon  this  occifion  ibid. 
 
 An  inftince  to  this  purpofe  in  God's  favour  to  Job     106 
 
 The  difference  betwixt  God's  dealings  towards  finners 
 and  the  Pope's  ibid. 
 
 The  great  inconveniencies  that  refult  from  turning  ex-. 
 communicated  princes  out  of  their  dominions       ibid. 
 
 The  good  and  evil  that  attend  fuch  fevere  excommuni- 
 cations 107  to  119 
 
 How  contemptible  and  deteflable  the  Popes  have  there^ 
 by  made  them  (elves  108 
 
 luthtr's  converfion  and  the  reformation,  efpecially  of  £«- 
 v:V</,  charged  upon  that  fcore  109 
 
 The  dreadful  conferences  to  which  fucb  excommunU 
 
 tions  are  liable  1l°. 
 
 That 
 
CONTENTS.    p$ 
 
 That  blind,  e.ify  iubmifiion,  which  was  in  the  king  of 
 NavarrSs  fubjccis  to  the  Pop- ,  when  he  depriv'd  him 
 01  ins  d.-min  ons  by  excomm  >nication,  is  not  to  be  ex- 
 pected .in  people  now  Page  iXO 
 
 Proo.s  from  the  fcripture*  that  neither  our  Saviour,  nor 
 h;s  Apo.tles,  iufi  cled  temporal  punifhment  on  the 
 molt  obftinate  miners  M  * 
 
 The  menace  of  Pope  P/'k;  V.  againft  MattkiM,  emperor 
 of  Germany  1 1  * 
 
 That  the  Popes  have  an  authority  over  the  emperors,  but 
 ought  not  to  extend  :t  to  other  prncesand  ftates  ibid, 
 
 St.  Ptttr^  who  recommended  fubmiilion  to  princes,  pro- 
 posed as  a  pattern  to  tue  Popes  113 
 
 Chap.  VI.  iVbether  excommunication  is  juflly  incurred  by 
 ìnfrinpatz  eccfejìajìical  liberty  ?  1*4 
 
 How  cne  faid  liberty  is  violated  iW 
 
 Part.cuiar  ofes  wherein  prelates  may  excommunicate 
 the  vioiaicrs  thereof  1  i  5 
 
 A  decree  of  the  Council  of  Jforms  about  excommuni- 
 cation ibid. 
 
 The  Dinger  of  (hiking  the  clergy  ibid. 
 
 The  admonitions  and  other  formalities  that  ihould  pre- 
 cede ex    mmunication  11  f 
 
 That  a  fovereign  prince  may  lawfully  feize  any  eftate  of 
 the  clergy  for  the  good  of  the  public  1 1  7 
 
 But  that  when  he  does  it  to  add  to  his  own  eftate,  he  de- 
 fer ves  excomm  un  cation  118 
 
 Inftances  of  this  from  the  two  kings,  Herod  nnd  Hyrca- 
 v*s  1 1 8  3f»  1 1 9 
 
 A  perfon's  views  ought  more  to  be  regarded  than  his 
 aclions  ibid. 
 
 The  extraordinary  charity  of  Pope  John  IV.  tbid. 
 
 The  diftinction  that  ought  to  be  made  between  the  at- 
 tempts of  princes  againft  their  clergy  ibid. 
 
 How  farà  prince  has  to  do  with  the priefthood  120 
 
 The  fubmiffion  requirM  from  the  clergy  to  their  fovereign 
 and  the  laws  of  the  land  no,  m 
 
 That  petty  princes  have  not  the  fame  authori  y  over  the 
 clergy  as  fovereigns  ixr 
 
 The  Council  of  Trent  quoted  to  prove  it  12  s 
 
 B  b  4  Important 
 
tfó  C  O  NT  E  N  T  S. 
 
 Important  reflections  on  the  privileges  of  confecrated 
 places,    afylunis,    cities  of  refuge,    fanctuaries,    &*c. 
 
 Page  123 
 
 The  Capitol  in  old  Rome  ibid. 
 
 The  fanétuary  at  Weflminfler  ibid, 
 
 Alexander  the  Great's  caution  to  Megabiies  about  a  crimi- 
 nal ibid^ 
 
 The  danger  of  princes  offering  to  violate  the  liberty  of 
 thofe  places  1 24. 
 
 An  exception  of  twelve  cafes  by  the  canon  law,  in  which 
 they  are  not  obliged  ro  regard  that  privilege  ibid. 
 
 Other  extraordinary  cafes,  in  which  they  may  lawfully 
 infringe  the  privileges  of  fi^ch  places  without  excom- 
 munication 125 
 
 Who  are  the  propereft  judges  of  fuch  cafes  126 
 
 Chap  VII.  What  ecclcjìaftical  freedom  is  Ì  Whether  it  in- 
 cludes only  the  concerns  of  the  Church,  or  all  ecclefiajiical  per- 
 fons  ?  I26 
 
 The  laws  and  motives  of  chriftians  obedience  to  the 
 Church  ibid. 
 
 What  the  Church  con  fills  of  126,  127 
 
 Who  is  guilty  of  injuring  ecclefiaftical  freedom  1  28 
 
 That  whoever  is,  deferves  excommunication       128,  13$ 
 
 What  are  the  concerns  of  the  Church  1 29 
 
 What  the  Church  was  in  its  infancy  ibid. 
 
 What  thofe  deferve  who  hinder  the  propagation  of  the 
 faith  130,  &e. 
 
 How  both  Popes  and  princes  often  make  a  jeft  of  reli- 
 gion 131 
 
 The  intereft  of  the  court  of  Rome  aptly  compared  to  lea- 
 ven 133 
 
 The  acceflbry  pretentions  of  that  See  drown  their  princi- 
 pal ones,  prov'd  by  feveral  inftances       132,  153,  QPc. 
 
 The  exorbitant  claims  of  the  See  of  Rome,  and  their  ten- 
 dency 135 
 
 The  emperors  Leo,  Frederic,  and  Charles  V.  excommuni- 
 cated, and  why  136' 
 
 The  liberty  of  ecclefiaftical  perfons,  how  much  regarded 
 by  Clovis,  king  of  France  137 
 
 From  whence  it  derives  its  origin  ibid. 
 
 The 
 
CONTENTS.  ITI 
 
 The  monftrous  plea  of  the  See  of  Reme,  that  all  perfons 
 and  eitates  wha foever,  in  any  Wife  depending  on  the 
 Church,    are   exempt  from  lay  jurifdi&ion ,    refuted 
 
 Page  137 
 
 The  ecclefiaftics  beholding  for  that  liberty  to  lay-princes 
 
 138 
 
 They  are  as  much  fubjecl  to  their  temporal  fovereigns  as 
 laymen  ibid. 
 
 A  chapter  of  the  Council  of  Trent,  compos'd  in  defence 
 of  ecclefiaftical  liberty,  quoted  in  favour  of  the  Kkhts 
 of  Sovereigns  1 38,  &>r. 
 
 Sovereign  princes  made  judges  of  all  differences  relating 
 to  the  violation  of  that  liberty  140 
 
 What  kinds  of  ecclefiaftical  liberty  the  See  of  Rome  is 
 moft  jealous  of  ibid. 
 
 The  three  grand  infringements  of  ecclefiaftical  liberty, 
 for  which  the  laity  are  liable  to  cenfure  ibid. 
 
 The  fpite  of  the  court  of  Rome  againft  the  authority  of 
 lay-princes  14.L 
 
 CHAP.  VIIT.  Whether  the  poffe/fon  of  temporalities  belong- 
 ing to  the  Church  is  of  divine  right  ?  141,  ^  r. 
 
 Thequeftion  examined  both  as  to  law  and  faci  142. 
 
 Why  the  levites,  or  priefts  of  the  Jrwijh  Church,  were 
 not  allowed  a  fhare  of  the  promifed  land  145, 
 
 King  Heiekjab's  reafons  for  taking  away  their  eftates,  and 
 giving  them  the  tenths  ibid. 
 
 Why  the  clergy  ought  to  value  poverty  as  much  as  the 
 laity  contemn  it  144 
 
 Proofs  of  this  both  from  the  Old  and  New  Teftament  145 
 
 The  happy  condition  of  the  Church  while  in  a  ftate  of 
 poverty  ibid. 
 
 God's  miracles  in  favour  of  the  poor  ibid. 
 
 Why  the  primitive  chriftians  fold  all  their  pofleflions  146 
 
 Why  the  Latin  Church  abounded  with  herefies  while  the 
 Gridìi  Church  had  none  ibid. 
 
 What  fort  of  men  are  generally  the  broachers  of  new 
 doctrine  ibid. 
 
 The  advantage  of  keeping  the  clergy  in  poverty,  and  in 
 a  (triét  dèpendance  on  the  laity  147 
 
 The  reafon  why  Cbnji  gave  Judas  the  management  of  mo- 
 ney 147 
 
 Inftances 
 
5/8    CONTENTS. 
 
 Ir.&ances  of  Tome  who  have  been  the  better  for  being 
 pc  ,r,  and  the  worfe  for  being  rich  P.ge  14& 
 
 Seneca  s  commendation  of  poverty  ibid. 
 
 The  incenditene  y  of  temporal  pofTèffions  with  the 
 Church,  proved  from  the  life  of  Utnji  148,  &*g 
 
 The  little  ufe  that  Cknji  made  of  his  almighty    power 
 
 Why  the  Council  of  Ira*  excufed  all  friers  from  the 
 vow  of  poverty  150 
 
 The  policy  of  the  court  of  Rome  in  making  their  clergy 
 rich  iji 
 
 Their  error  in  fubjecling  the  government  of  the  Church 
 to  maxims  purely  human  151,  152 
 
 That  the  Church  has  no  right  to  the  povTeiTion  of  king- 
 doms, or  of  any  fecuUr  power  152 
 
 The  declaration  made  by  C  nj:9  that  his  kingdom  is  uH  of 
 iu  vorIA  ibid. 
 
 The  true  fenfe  of  that  declaration  1  53 
 
 The  hurr.i'ity  required  of  him  whs  pretends  to  be  C/:^:ss 
 vicegerent  upon  earth  1 54. 
 
 The  character  of  the  ancient  Popes  ibJL 
 
 Thir  the  puff  tfion  of  temporalities  is  not  effential  to  pre- 
 lates or  Popes  1.5$, 
 
 Why  Ammt%  and  not  iWo/i/,  was  chofen  to  be  the  chief 
 prieft  of  the  ifraehtes  i  1^,  e>f. 
 
 The  great  privileges  that  both  MJjE*  and  Davtd  enjoyed 
 without  being  pneits  1  0 
 
 That  the  Church's  poUetBon  of  temporal  eftates  and  do- 
 minions may  be  difpured  without  any  breach  of  good 
 ro  nners  towards  the  Pope  1 57 
 
 Cv.  A  P.  IX.  Whether  a  ttfMt%  a<  v'l  a<  a  free  p  hìce,  m  y 
 be  deZrivd  of  their  d.imwon:  hj  excom  y.u-neat'ton  ?  158 
 
 I  maxim  with  the  court  of  R<-me  about  the  excommuni- 
 cation of  towns  and  countries  &id. 
 
 The  favourable  confequence  of  that  nnxim  to  republics 
 
 The  partiality  of  the  court  of  Rome  in  rejecting  all  truths 
 they  don't  like  iW 
 
 The  difference  betwixt  excommunication  and  an  inter- 
 di 'W.  &c-  <»  i6z 
 
 rhrabfurdity  of  tacking  a  dau(e  for  deprivation  of  ào- 
 to  excommunications  or  interdicci  161 
 
CONTENTS.    379 
 
 That  no  ecclefiaftical  judge  ought  to  inflict  temporal  pu- 
 mfhment  tor  a  crime  punifhed  already  by  a  levere  ex- 
 communication P-'ge  1^i 
 
 Why  the  court  of  Rfim  is  not  for  excommunicating  a  city, 
 or  republic,  as  well  as  a  free  prince  iSzy  &»r. 
 
 The  dtrYerence  between  republics  and  monarchie*  or 
 principalities  165 
 
 The  injuilicc  of  excommunicating  a  whole  city,  fenate, 
 or  republic,  in  the  lump  164,  1 6^5,  166 
 
 Tnat  the  commonalty  in  a  democracy  cannot  be  anlwcr- 
 able  for  the  actions  of  their  nugiltxates  or  fenators  itfj 
 
 The  lawfulnefsof  examining  all  excommunications,  and 
 of  appealing  167 
 
 C  H  A  Y.  X.  Whether  a  fecuUr  trince  has  a  right  to  receive  the 
 clergy's  Tenths,  and  to  order  v&ti  is  ufeful  to  the  fiate ,  uitk 
 refptcl  to  the  ejiates  and  ftrfons  of  ectiejtamesX  168 
 
 An  explanation  of  the  command  to  honour  thy  father  and 
 mother  ibid. 
 
 That  every  body  has  a  fupcrior  in  one  fenfe  or  other  169 
 
 Story  of  DionyfifS  the  Areofayte  I  70 
 
 The  obedience  required  of  fubjecis  to  their  fovereigns 
 
 ihid,  &c.  175, 
 
 The  obligation  of  fbvereigns  to  their  fubjecls  1 7 1 
 
 The  right  of  fovereigns  to  tax  them  tSi'JL  &V. 
 
 Story  of  the  good  Samaritan  17$ 
 
 How  far  the  clergy  are  bound  to  obey  their  temporal  10- 
 vereigns  174 
 
 \Vhat  right  a  lay-prince  hns  to  their  tenths       Hid.  to  176 
 
 How  they  came  to  be  firft  eftablifhed  Hid. 
 
 \  computation  of  the  clergy**  revenues  177 
 
 The  poffeflions  of  the  clergy  and  of  the  laity  in  Fenice 
 compared  ibid. 
 
 Reafons  why  the  clergy  ought  to  be  tax'd  as  well  as  the 
 laity  178,  to  1 81 
 
 Two  wiys  by  which  a  prince  may  be  a  tyrant  ibid. 
 
 That  no  foTereigns  but  what  are  independent  can  exafl 
 the  clergy's  tenths  18; 
 
 That  even  free  princes,  when  they  demand  extraordinary 
 fubiidies,  muft  have  recourfc  to  the  Pope  ibid. 
 
 Certain  cafes  of  neceility  when  a  prince,  whether  inde- 
 pendent or  feudatory,  may  exacì  thofc  tenths  without 
 iuxh  application  18:,  &c. 
 
 Instances 
 
380     CONTENTS. 
 
 Inftances  of  fome  princes  that  did  fo  Page  1S4 
 
 The  policy  of  the  court  of  Rome  in  granting  hulls  to  prin- 
 ces, to  give  them  what  was  their  own  before  185 
 
 An  inftance  of  this  in  the  titles  of  the  king  of  Ireland^ 
 and  the  great  duke  of  Tnjcany  185,  &c 
 
 That  the  Popes  by  fuch  indulto's  prey  upon  the  Right*  of 
 SovenignS  1 85 
 
 Remark  on  the  Pope's  confirming  the  choice  of  the  king 
 of  the  Romans,  without  being  defir'd  by  the  three  pro- 
 tectant electors  ibid.  &Y. 
 
 An  examination  of  the  Rights  of  Sovereigns  to  make  orders 
 for  the  good  of  the  ftate,  with  refpeft  to  the  eftates  or 
 perfons  of  ecclefiaftics  S7 
 
 The  obligation  of  a  prince  to  make  a}l  ordeis  hecefery 
 for  his  good  government  ibid.  &c 
 
 Arguments  to  prove  that  the  clergy  are  as  much  obi ;g'd 
 as  the  laity  to  contribute  to  the  temporal  neceflities  of 
 the  ilate>  and  of  the  civil  focieties  to  which  they  be- 
 long i§7,   1S8 
 
 The  anfwerof  the  Affyrians  to  the  Samaritans  on  the  head 
 of  contributions  189 
 
 That  a  prince  may  on  very  prefling  occasions  levy  the 
 clergy's  tenths  ?nd  extraordinary  fubfid-es  from  them, 
 provided  he  does  not  Opprefs  them  with  exorbitant 
 taxes^  189,  190 
 
 A  very  judicious  remonitrance  of  a  minKler  of  fiate  to  the 
 king  of  France  191 
 
 That  the  law  of  'neceffity,  tho*  fuperior  to  all  others, 
 does  not  authorife  an  extravagant  licentioufnefs       ibid. 
 
 flow  the  Pope  ought  to  behave  to  the  Grand  Seignior, 
 fuppoiing  that  he  ofTer'd  to  turn  chriftian,  on  condition 
 that  the  Pope  would  confirm  him  in  his  ufjrp'd  do- 
 min:ons  192,  &c 
 
 A  prince  excufed  who  lays  hands  on  the  perfons  or  eitates 
 of  the  clergy,  when  wnat  he  has  in  view  is  to  procure 
 a  greater  good,  or'prevent  a  greater  evil  195,  196 
 
 Who  is  to  be  the  judge  of  his  reafons  of  ftate  196 
 
 ChAP.  XT.  V'hether  a  temporal  prince  h.a  a  right  per  fe  to 
 judge  e cele fìaftì cai  criminals  ?  106 
 
 The  prophet  Samuel's  fubmiflion  to  king  Saul  an  argu- 
 ment of  the  clergy's  obligation  to  fubmit  to  the  lawful 
 authority  of  their  fecular  princes  197 
 
 That 
 
CO  NTE  NT  S.     381 
 
 That  the  clergy  are  accountable  to  lay-tribunals  for 
 whit  faults   they  commit  foreign  to   their  functions 
 
 Page  i^  8,  &c. 
 
 That  they  are  no  better  than  other  men  too 
 
 That  a  pridt's  orders  ought  not  to  fcreen  him  from  the 
 punishment  due  to  his  crimes  1 99 
 
 Who  are  his  judges  when  his  crimes  are  merely  eccle- 
 fi aft  1  cai  15)9,  e>r. 
 
 The  inconveniency  that  would  happen  if  all  the  faults  of 
 clergymen  were  puni/hable  by  their  ordinaries,  and 
 the  fpintual  courts  2or 
 
 The  order  of  the  ancient  canons,  and  of  the  Council  of 
 Trent  zOZ 
 
 Degradation,  what  it  is,  and  what  a  degraded  prieft  can 
 do  neverthelefs  205 
 
 That  lay-judges  are  not  more  obliged  than  fpiritual  ones 
 to  ftay  for  the  degradation  of  eccleflaftical  crimi- 
 nals before  they  try  and  punifh  them  204,  205 
 
 The  inconliftent  conduci:  of  the  Romifi  clergy  205 
 
 Their  letting  fpiritual  Thieves  enjoy  the  privilege  of  fa- 
 cred  places,  but  not  the  laity  »W.  &£~ 
 
 The  intolerable  preemption  of  the  Council  of  Trent  in 
 extending  the  biOiop's  jurifdiclion  2C* 
 
 The  ingratitude  of  the  fpiritual  court  in  calling  to  the 
 fecular  arm  for  afliftance,  and  at  the  fame  time  depu- 
 ting its  prerogatives  207 
 
 That  tho'  the  perfon  of  a  delinquent  be  facred,  his  ill 
 actions  make  him  forfeit  his  character  .  ihid* 
 
 Certain  cafes  excepted  by  the  canon-law,  in  which  the 
 temporal  prince  is  not  at  all  bound  to  regard  eccleliafti- 
 cai  immunities  tbtA* 
 
 Eccleflaftical  liberties  and  eccleflaftical  immunities  com- 
 pared ihd. 
 
 Chap.  XII.   Concerning  the  Pope's  infallibility.  208 
 
 Anjiotle's  genealogy  of  natural  philolbphy  ifiUL 
 
 A  king  of  Japan's  m effige  ro  the  miflionaries,  and  the 
 ftrong  fiith  of  a  Japanefe  cooler  213 
 
 The  only  text  alleda'd  in  favour  of  the  Pope's  infallibi- 
 lity, isfhewn  to  be  liable  to  adiitinciion  that  deftroys 
 it  21.,  211 
 
 That 
 
38i     CO  NTENTs. 
 
 That  the  other  Apoftleshad  the  fune  privileges  as  St.-P*- 
 ur  *    Page  2  x  1 
 
 Remarks  on  a  palTage  which  feems  to  give  Peter  the  fu- 
 periority  2 1  a 
 
 His  denial  of  C/?rj/?,   a  proof  that  he  was  not  infalli- 
 ble     0  215 
 The  fevefal  circumftances  of  his  faid  denial  215,214.,  &c. 
 The  difpute  among  divines  what  crime  they  are  guilty 
 of,  who  are  fore'd  by  the  Turks  to  abjure  chriftianity, 
 with  the  opinion  of  Sr.  Thomas  and  o\ir  author       214- 
 The  difference  betwixt  finning  againil  faith,  and  finning 
 againit  the  confefììon  of  faith                                    ibi  J. 
 The  fource  of  infallibility  according  to  the  canonifts  and 
 Romifi  divines  217 
 That  the  Popes  are  infallible  in  articles  of  faith,   but 
 not  in  their  actions                                             215,  &c* 
 Whether  they  hold  the  docirine  of  Peter,  as  is  pretended, 
 by  hereditary  right  216 
 Where  the  Greekj  place  infallibility                                ibid. 
 What  knowledge  the  Popes  have  117 
 A  confeffion  that  the  Pope  may  wander  and  lofe  him- 
 felf,  but  cannot  thro*  ignorance  miilead  the  chriftian 
 fijek  2 1 7 
 The  diftinclion  of  Councils  between  the  divine  law  and 
 rhe  pojitive  218 
 The  corruption  of  the  times  in  regarding  humane  more 
 than  divine  laws                                                              ibid. 
 The  unalterablenefs  of  the  divine  laws,  articles  of  faith 
 and  facraments                                                            ibid. 
 The  different  nature  of  canon  laws                     218,  219 
 That  the  Pope  has  both  a  capacity  and  a  right  to  inter- 
 pret, but  not  to  make  one  article  of  faith  219 
 The  conititutionsof  Popes  liable  to  alteration  220 
 The  falfe  infinuations  of  the  Komijh  courtiers,  that  the 
 aclions  of  the  Popes  are  above  cenfure                    ibid. 
 The  moderation  or  the  ancient  Pagans  in  fearching  inro 
 the  myfteries  of  their  religion                          ibid,  221 
 That   the  Pope  ought  nut  to  be  idolized  for  his  know- 
 ledge or  prerogatives                                                   ibid. 
 An  argument  from  the  failings  of  the  wife  king  Solomon  % 
 that  tho'  the  Popes  may  have  a  clear  knowledge  in  mat- 
 ters 
 
CO  NTENTS.      383 
 
 tcrs  of  faith,  they  are  as  fallible  in  other  parts  of  know- 
 ledge as  other  men  Pagella 
 
 PART    II.  fh 
 
 The  application  of  the  pro-ofitions  in  the  firft  part  to 
 the  quarrels  between  the  court  of  Rome  and  the  repub-- 
 
 l:        .     rr ibid 
 
 IL  or  Venice 
 
 bid. 
 
 A    brief  ree ìpituLtion  of  the  contents  of  the   former 
 
 part  224»  f<± 
 
 Inq    ry  into  the  grievances  complained  of  by  the  court  ot 
 
 Home  againlt  the  republic  2*7»  228,  e*". 
 
 The  republic's  moderation,   and   their  refpeft  for  jt* 
 
 holy  See  .  ,W- 
 
 What  were  the  chief  difputes  in  the  Apoftles  time      231 
 The  eafy  accommodation  of  the  difpute  betwixt  St.  Eft- 
 
 fbanius  and  Sr.  Cbryfoflom  about  jarifdiftion  ««*- 
 
 The  pernicioufnefs  of  the  like  difputes  now  232 
 
 A  juft  refleSion  on  the  mifapply'd  zeal  of  our  modern 
 
 prelates  V;*- 
 
 St.  Paul's  taking  upon  him  to  determine  articles  ot  faith, 
 
 and  to  diciate  to  the  Churches,  tho*  Peter  had  juiUy 
 
 the  preheminence  2 >> 
 
 The  natural  tendency  of  the  ftricl  obfervation  of  pofitive 
 
 law  th[j 
 
 St.  Paul's  account  of  that  law  .  lhld\ 
 
 Why  the  Apoftles  made  no  decrees  about  the  authority  ot 
 
 prelates,  and  the  limits  of  their  jurifdiclion  234. 
 
 Theconfequence  of  a  multiplicity  of  laws         ibid.  235 
 The  formality  of  the  Locrians  when  they  publifhed  a  new 
 
 law  *# 
 
 How  the  Baleares  lived  with  only  feven  laws  **** 
 
 Some  laws  renewed  by  the  Council  of  Trent  do  more  harm 
 
 than  good 
 St.  Gregory's  and  St.  Ckryfoflom's  fayings  about  mercenary 
 
 clergymen  .2> 
 
 St.   Paul's  fentence   againft  fuch   as   alter  the   written 
 
 word  M      jM- 
 
 A  pattern  for  good  payors,  taken  from  a  notable  action 
 
 of  St.  Thomas  o? Canterbury,  when  he  was  perfecuted  by 
 
 king  Hmyy  and  from  a  pafTageof  St.  rVirf,     *¥•»£][>' 
 
}84     CONTENTS. 
 
 The  difficuUy  of  thefalvation  of  friers,  by  reafon  of  the 
 numberlefs  duties  of  a  monaftery  Page  257 
 
 An  exctiient  remark  of  St.  Ambroje  on  the  mifchievous 
 confequences    of    too    many    eccleflaftical    precepts 
 
 238 
 
 Simony  p/acli  fed  at  the  court  of  Rome,  no'withftanding 
 the  decrees  and  canons  of  many  Councils  point-blank 
 aganftit  239 
 
 That  the  Romanifts  lay  themfelves  open  to  the  fame  re- 
 proaches they  caft  upon  fovereigns  for  non-obfervance 
 of  the  canons,  and  that  the  Pope's  road  to  filvation  is 
 no  broader  than  other  mens  240 
 
 That  fimony  is  as  great  a  crime  in  the  Pope  of  Rome  as 
 in  the  pooreft  prelate  241 
 
 Father  Paul's  feafbns  for  his  reflexions  on  fimoriy,  with 
 two  remarks  of  Bede  and  St.  Jerom  ibid. 
 
 That  the  canons  may  be  interpreted  fo  as  to  elude  the  ob- 
 fervance  of  them  ibid. 
 
 The  injuftice  and  arrogance  of  expecting  that  free  fove- 
 reigns fhould  pay  obedience  to  ecclefiaitical  laws  which 
 are  not  binding  on  the  makers  241,  242 
 
 Why  the  fecular  powers  do  at  any  time  approve  of  the 
 decrees  of  Councils  ibid. 
 
 Why  more  indulto's  and  privileges  are  granted  to  fome 
 princes  than  toothers  ibid. 
 
 The  Greek. Church  winks  at  the  non-obfervance  of  eccle- 
 fiaftical  ftatutes  in  certain  cafes,  but  never  grants  dif- 
 penfations  243 
 
 The  rife  and  progrefs  of  the  Pope*s  fovereign  power 
 
 _  243,  244 
 
 That  the  Pope  feldoni  or  never  excommunicates  one 
 prince  for  opprefling  another,  but  is  fure  to  dart  his 
 thunder  againft  thofe  that  meddle  with  the  fiefs  of 
 the  Church  244,  245 
 
 The  fpring  of  this  difference  in  conduct,  and  of  the 
 Pope's  confounding  the  fpiritual  and  temporal  weapons 
 together  24  5 
 
 Aqueftion  put,  whether  a  prince  who  is  attacked  by  ano- 
 ther, and  conquers  any  part  of  his  aggreflbr's  territo- 
 ries, may  not  legally  keep  the  fame  as  good  prize    24$ 
 
 The 
 
CONTENTS.    $$ 
 
 The  conci uct  of  Pope  Sixtm  IV  towards  the  Venetians  t 
 after  they  had  taken  Ferrara,  whofe  duke  had  attack- 
 ed them.  Page  24^ 
 
 The  ufe  which  the  Pope  makes  of  canons,  and  pofitive 
 laws  247 
 
 An  account  of  the  major  excommunication  of  the  bull 
 in  Coena  Domini,  with  refpect  to  herefies  5  and  of  that 
 decree  called  Extravagant  e  ibid. 
 
 By  what  means  JEneas  Sylvius ,  an  heretic,  got  to  be 
 Pope  5  and  how  he  afterwards  recanted  his  former 
 proportions  248 
 
 Excommunications  proved  from  that  election  to  be  meer 
 Brutum  fulmen  ibid. 
 
 The  fum  and  fubftance  of  the  Pope's  complaints  againft 
 the  Venetians  ibid. 
 
 The  only  fuperiority  the  Pope  can  challenge  in  foreign 
 domains  ibid. 
 
 An  anfwer  to  the  Pope's  charge  againft  the  Venetians  of 
 keeping  the  ecclefiaftical  power  in  bondage 
 
 248  to  255 
 
 The  reafon  which  every  free  prince  has  to  hinder  his 
 fubjects  from  being  cited  to  a  foreign    tribunal     249 
 
 The  ridiculous  and  fatal  conferences  of  the  Pope's  pre- 
 tenfions  on  this  head  250 
 
 An  inquiry  into  the  Pope's  eftablifhment  and  authority 
 
 ibid. 
 
 That    i   lay  prince  derives    his  authority   from    God 
 
 251,  &c. 
 
 The  obedience  which  St.  Peter  and  St.  Paul  prefcribe 
 as  due  to  fuch  princes  ibid. 
 
 The  impoflibilirjr  of  reconciling  their  injunctions  with 
 the  conduct  of  the  court  of  Rome  in  that  point       252 
 
 The  proof  which  is  expected  from  a  Pope  who  pre- 
 tends to  exercife  his  authority  in  another's  country  255 
 
 An  anfwer  to  the  charge  againft  the  Venetians,  that  they 
 debar  the  acquisition  of  lands  from  regular  monks  and  places 
 of  piety  254. 
 
 That  the  Venetians  lay  both  the  monks  and  the  Jinfii  un- 
 der this  incapacity  for  different  reafons  ibid. 
 
 The  two  fundamental  parts  of  fovereigrfty  ibid. 
 
 Cs  The 
 
?g<5  CONTENTS. 
 
 The  mifery  of  princes  who  are  only  titular,  and  of  thofe 
 who  have  fubjecis,  but  no  revenue  Page  255' 
 
 The  wife  precaution  of  the  Venetians  in  putting  a  flop 
 to  the  monks  acquisition  of  lands,  and  their  decree 
 thereupon  25^257,258 
 
 The  good  difpofition  of  the  Venetians  to  repeal  that  law* 
 if  the,  Pope  would  but  acknowledge  the  Rights  of  So- 
 vereigns  to  tax  the  clergy  as  well  as  the  laity     ibid.&c. 
 The  privilege  of  the  friers  in  Fenice  258,  &c* 
 
 An  anfwer  to  the  fecond  charge  againft  the  Fenetians7 
 that  they  permit  thoje  who  only  rented  the  clergy's  ejiates  to 
 keep  them  by  prescription ,  #s  much  as  if  they  luere  their  on  ft 
 lawful  property  2  59" 
 
 The  term  of  time  which  prefcribes  every  action  in  the 
 fecular  courts  at  Fenice  ibid. 
 
 The  reafonablenefs  and  equity  of  the  faid  prefcription, 
 and  a  prolongation  of  the  term  in  favour  of  the 
 clergy  260 
 
 The  advantages  which  the  clergy  reap  from  it  to  the 
 prejudice  of  the  laity  z6i 
 
 Anfwer  to  the  third  charge,  that  the  lay  tribunal  pretends 
 to  judge  ecclejiaftics  in  affairs  civil  and  criminal      262,  &c> 
 That  the  perfons  of  eccleilaftics  are  no   longer  facred 
 than  their  actions  265 
 
 That  citing  the  laity  to  the  fpiritual  courts  is  unreafon^ 
 able,  and  contrary  to  the  rights  of  fovereigns         ibi/. 
 The  only  caufè  brought  before  the  nuncio's  tribunal  at 
 Fenice  164. 
 
 Ànfwer  to  the  fourth  charge,  that  the  Venetians  hinder  . 
 bijhops    not   only  from  trying  maltfaclors  for  their  lives?  in 
 cafes  depending   on   the  mixed  courts,  but  alfa  from  punifi- 
 ing  the   clergy    themfelvesy    though   conviBed  of  jcandalom 
 crimes  264,  &>e. 
 
 The  Right  of  Sovereigns  to  judge  his  eccleflaftk:  as  well 
 as  lay  fubje&s  ibid. 
 
 The  confequence  of  a  prince's  giving  up  the  power  of 
 rewarding  and  punifning  to  another  26%  268 
 
 The  crimes  which   are  cognizable  by  the  lay  tribunal 
 
 ibid. 
 
 What  would  be  the  confequence  of  trying  the  fame  in 
 
 the  fpiritual  courts  166 
 
 Who 
 
CONTENTS.    387 
 
 Who  iflues  fentences  in  the  land  of  the  Church     Page  2tf£ 
 
 The  crimes  of  clergymen  d  i  ft  ingui  fried  into  ecclefiaf- 
 tical  and  temporal  2Ó7 
 
 The  nature  of  the  inquifitipn  at  Venice  ibid. 
 
 In  what  cafes  clergymen  render  themfelves  accountable 
 to  the  lay  fovereign  ibid. 
 
 An  exhortation  to  the  bifhops  268 
 
 Anfwer  to  the  fifth  charge,  that  the  Venetians  hinder  the 
 bifbops  from  vijiting  hofpitals^  facred  places,  frieries,  and 
 mounts  of  piety  ibid. 
 
 The  origin  of  places  of  devotion,  hofpital,  frieries, 
 mounts  of  piety,  and  the  like,  and  who  founded  and 
 endowed  them  26^ 
 
 Remark  on  the  litigious  temper  of  the  clergy  2  70 
 
 The  idle  pretence  of  the  clergy  to  a  fuperinten^ance  of 
 fecular  fettlements  ibid.  &  271 
 
 Anfwer  to  the  fixth-  charge,  that  the  college  pretends  to  be 
 a  judge  rn  matters  relating  to  benefices^  and  that  ivhen  any 
 one  enters  an  aBion  in  the  court  of  Rome,  he  is  obliged 
 to  a  renunciation  ab  impetrati^,  i.  e.  of  the  decrees  he  has 
 there  obtain  d  272 
 
 What  are  the  only  things  which  free  fovereigns  may 
 not  judge  of  ibid. 
 
 The  Sovereign's  Right  of  judging,  &c.  in  all  other  matters 
 eftablimed  by  the  Apoflles,  and  the  law  of  nature 
 
 ibid. 
 
 That  there  ought  to  be  but  one  monarch  in  a  kingdom, 
 and  but  one  fovereignty  in  a  date,  coi«pos*d  of  divers 
 members  275 
 
 Why  a  pagan  Pontiff  would  not  have  two  deities  wor- 
 fliiped  in  one  temple  ibid. 
 
 How  much  the  Venetians  arc  concerned  to  preferve  this 
 unity  of  fovereignty-  in  their  republic  274 
 
 How  far  the  Venetians  concern  themfelvcs  in  the  matter 
 of  benefices  ibid. 
 
 The  ridiculous  conduci  ofthofe  who  apply  for  judgment 
 to  foreign  tribunals  when  they  know  they  have  one  of 
 their  own  275 
 
 Anfwer  to  the  feventh   charge,  that  the  Venetians  oblige 
 
 their  clergy  to  pay  the  ordinary  taxes  and  impofls  #s  well  é* 
 
 the  laity  ibid. 
 
 C  c  1  'Rome 
 
388    CONTENTS. 
 
 Rome  the  beft  place  in  the  world  for  people  to  go  to  and 
 take  orders  Page  275 
 
 What  a  fine  time  on  it  the  Romljh  clergy  would  have  if 
 they  could  carry  their  point  ib'uT. 
 
 A  ju(t  comparison  between  a  fovereign  prince  and  a 
 River  _  276 
 
 How  flriftotle  filenc'd  'a  prating  fophift  who  afTerted 
 there  was  no  fuch  thing  as  motion  ibid* 
 
 The  only  terms  upon  which  the  clergy  at  Venice  can  ex- 
 pect to  be  tax  free  ibid.  &c. 
 
 The  neceffity  of  the  clergy's  contributions  towards  the 
 fupport  of  the  fbte  277 
 
 Anfwei-  to  the  eighth  charge,  that  the  Venetians  hinder 
 the  regular  monks  from  obeying  the  conftitutions  of  their 
 order  and  chapters,  by  being  obliged  to  confer  prelatical  dig- 
 nities Upon  fuch  friers  as  are  natives  of  the  republic        278 
 
 Keafons  why  the  natives  of  Venice  «are  fitter  than  fo- 
 reigners to  govern  the  convents  ibid.  &c.  to  280 
 
 Anfwer  to  the  ninth  charge,  that  when  any  difpute  happens 
 among  the  friers ì  the  Venetians  force  them  to  profecute  in 
 the   temporal  court,   injiead  of  the  tribunal  of  the  nuncio 
 
 28  i 
 
 A  notable  faying  of  a  woman  to  one  of  the  Cafars     ibid. 
 
 Why/>io^«£5examin'dallhisaclions  by  alooking-glafs  285 
 
 Anfwer  to  the  tenth  charge,    that  the  Venetians  oblige 
 
 '  thofe  who  have  a  bifiopric^  or  other  prelatical  dignity  con- 
 ferred upon  them  by  the  court  of  Rome,  to  have  recourfe 
 to  the  council  for  the  pofjiffton  of  temporalities  5  and  that 
 every  bifiop,  precognized  by  any  but  a  Venetian  Cardinal, 
 (ball  not  obtain  poJjeJfion9  and  the  fee  fiati  remain  vacant 
 
 283 
 
 That  all  the  titles  in  the  world  to  eftates  are  not  fuf» 
 ficient,  according  to  the  civil  law,  without  aótual 
 poffefiion  ibiL 
 
 An  account  of  the  law  uti  poffdetis  ut  poffìdeatis  284 
 
 That  the  court  of  Rome  has  'no  reafon  to  complain  of 
 the  lay  tribunal's  examining  the  bulls  of  collation    ibid. 
 
 That  the  terror  of  excommunication  is  taken  away  by 
 the  two  frequent  ufe  of  it  285 
 
 That  the  Pope  is  better  obey 'd  at  home  than  abroad  ibid. 
 
 The  politics  of  Venia  286,  2,96 
 
 A  re- 
 
CONTENTS.    389 
 
 A  remark  on  the  precogni zing  of  bifhops  at  the  court  of 
 Rome  Page  286,  287 
 
 The  impoflibility  of  being  too  much  upon  the  guard 
 againft  that  court  287 
 
 The  examination  of  bifhops  cuftomary  at  that  court  ibid. 
 Anfwer  to  the  eleventh  charge,  that  the  Venetians  inter- 
 meddle  in    the  affair   of penfions,  which ,  tho*  already  e  fi a- 
 blifoedand  approved,  the  fecular  tribunal  grants  protection  to 
 debtors  who  reftife  to  pay  them  288 
 
 A  defcription  of  thofe  ecclefiaftical  penfions  ibid. 
 
 And  of  the  fpiritual  monarchy  of  the  court  of  Rome     289 
 The  reafons  why  the  republic  meddles  at  all  in  the  efta- 
 blifhment  qf  peniions  ibid.  &c 
 
 What  penfions  are,  or  ought  to  be  in  their  nature  290,8^. 
 The  charity  of  the  antient  prelates  291,  &c. 
 
 That  the  eitablifhment  of  penfions  was  good  at  firft  292 
 What  juitirles  or  condemns  all  aciions  ibid. 
 
 The  ftrong  biafs  of  the  prelates  towards  riches  293 
 
 When  prelates  may  refufe  paying  the  penfions    294,295 
 That  the  court  of  Rome  don't  care  any  fhould  prelume  to 
 interpret  the  Pope's  bulls  295 
 
 The  tenacioufnefsof  that  court  in  matter  of  penfions  296" 
 An  order  of' the  Council  of  Trent  about  penfions  297 
 Another  about  the  plurality  of  benefices  299 
 
 The  flufts  of  fome  men  for  evading  it  ibid.  &c. 
 
 Anfwer  to  the  12th  and  14th  charges,  that  the  ordinaries 
 of  places  are  hindered  by  the  Venetians  from  fulminating 
 excommunication  in  cafes  prefcribed  by  the  canons  j  and  that 
 fchifmaticsi  heretics,  whoremongers,  and  vfurers,  are fujffered 
 to  live  quietly  at  Venice,  while  the  prelate  is  not  permitted 
 to  punijh  them  300 
 
 A  definition  of  thefubjec~tion  due  to  fovereigns  301, &c. 
 That  the  examination  of  herefy  does  not  belong  to  the 
 fecular  tribunal  303 
 
 The  defign  of  the  court  of  inquifition  303,  304, 
 
 That  repenting  heretics  may  not  be  excommunicated  304 
 \Vhy  the  lay  tribunal  of  Fenice  cannot  fufferthe  prelates 
 to  punifh  fchifmatics  ibid. 
 
 That  'tis  the  intereft  of  the  Venetians  to  tolerate  the  Greeks 
 
 Whoremongers  and  ufurers  confidered  ibid.  &c. 
 
 That 
 
190   CONTENTS. 
 
 That  all  actions  which  are  fins  before  God  are  not  pu- 
 nilhable  by  man  Page  ibid.  &c  to  307 
 
 Father  Paul's  opinion  of  man's  frailty  307 
 
 Mam's  punifliment  considered  ibid. 
 
 That  brotherly  correction,  and  good  examples,  turn 
 more  iinners  than  all  the  executions  of  the  law     ibid. 
 
 That  St.^ugufiin's  fermons  were  not  fo  perfuafive  as  his 
 good  example  308 
 
 That  excommunication  and  imprifonment  make  more 
 hypocrites  than  real  converts  ibid. 
 
 Why  Cbr'tft  fet  a  fimerman  ai  the  head  of  his  Church 
 
 309 
 
 Anfwer  to  the  1.3th  charge,  that  if  any  one,  having  a  call 
 from  the  fpirit,  takes  upon  him  the  religious  habit,  the  Ve^ 
 netians  prefume  to  expel  him  upon  the  leaft  complaint  of  his 
 parents,  on  pretence  of  his  being  feduced  5  and  when  any 
 one  is  left  in  a  monaftery,  the  parents  are  authorised  to  keep 
 his  ejiate  3°9>  &>c- 
 
 The  method  St.  Bartholomew  took  to   convert  an  Indian 
 
 prince  3°9> &>c' 
 
 How  Daniel  the  Prophet  dealt  with  the  Babylonians  310 
 St.  Ignatius's  instruction  to  the  miflionaries  311 
 
 Philip  de  Neri's  exemplary  contempt  of  wealth  3 1  % 
 
 Father  Paul's  confeffion  of  his  frailty  ibid. 
 
 St.  Thorns  Jcquinds's  embracing  a   monaftical  life  jufti- 
 
 fy'd  .  313 
 
 The  fenate  offcnice  commended  for  not  tolerating  monks 
 
 who  are  fo  from  worldly  views  ibid. 
 
 That  religion  gains  nothing  by  perfons  being  feduced  to 
 
 embrace  it  t\>\dm 
 
 Why   the  mendicant  friers  never  complain  of  any  one's 
 
 being  forced  to  quit  their  order  314 
 
 A  remark  upon  the  good  laws  made  by  St.  Ignatius  315- 
 The  rule  of  an  A  pottle's  life  laid  down  by  St.  Paul  ibid, 
 St.  Juftin's  faying  of  thofe  who  make  the  Church  their 
 
 heir  inftead  of  their  Children  31* 
 
 Anfwer  to  the  laft  charge,  viù  the  Venetians  forcing  thofe, 
 
 that  fail  thro'  the  gulph  with  provifons  or  merchandise  to  the 
 
 Rivers  of  Romagna,  to  pay  certain  impofts  316',  &c. 
 
 The  common  punifliment  for  running  goods         317 
 
 When 
 
CO  NT  E  NTS.     391 
 
 When  it  maybe  lawful  for  fovereigns  to  flop  goods  paf- 
 lìng  thro'  their  dominions  Page  3 18 
 
 The  right  of  the  republick  to  the  duties  of  import, 
 and  to  the  fovereignty  of  the  Adriatic  gulph  319,6^. 
 to  33d,  to  342,  to  345,  to  350- 
 
 The  difficulty  of  proving  titles  to  poffeilion  foundedup- 
 on  law  .  32.0 
 
 What  is  the  beft  title  in  the  world  321 
 
 A  definition  of  property  313,  &c 
 
 The  nullity  of  the  donations  of  the  emperor  Confiantine 
 and   the  emprefs  Maud,  with  refpeci  to  the  gulph  of 
 
 •      Venice  ^iS^QPc.  to  3 30 
 
 That  things  are  not  to  be  claimed  on  the  (core  of  being 
 Appendages,  which  are  almoft,  if  not  altogether,  as 
 important  as  the  principal  325 
 
 The  time  of  the  emperor  Conflantine's  grant  of  the  land 
 of  the  Church  to  the  Popes  327 
 
 The  treatment  of  the  Pope's  from  Conflantine's  fucceffofs 
 till  the  end  of  the  eighth  century  ibid. 
 
 The  emperor  Jtiftin's  and  Pope  Gregory's  obligations  to 
 the  Venetians  328 
 
 Exploits  of  the  Venetians  againft  the  King  of  the  Lom- 
 bards,  and  Charles  the  great  ibid. 
 
 ■'■■    '"   Againft  the  armies  of  Pepin  and  the  Moors  of  Africa, 
 
 -  Againft  the  people  ofNaranto,  the  King  of  Httnvary% 
 and  Robert  de  Guife,  with  the  Normans  333,  334 
 
 «  ■  "-  Againft  the  Turks  and  Grecians  334,  335 
 
 —  Againft  Ro^er  IT.  3,3 6 
 ■  •'  Againft  the  emperor  Frederic  BarboYojJa  537 
 Pope  Leo's  coronation  of  the  emperor  Charles  the  great  329 
 The  divifion  of  the  empire  into  eaftern  and   weftern 
 
 ibid.  &>e. 
 
 Why  the  doges  of  Venice  bear  a  leather  coin  in  their 
 
 arms       _  335 
 
 The  ingratitude  of  the  weftern  emperors  to  the  Popes 
 
 33<* 
 The  great  fchifm  between  the  Popes  who  excommuni- 
 cate one  another  33tf,&Y. 
 The  Venetians  fovereignty  over  the  gulph  confirmed  by 
 Pope  Alexander                                                     338,  &>c 
 
 Remarks 
 
391     CONTENTS. 
 
 Remarks  on  the  ceremony  cf  their  marrying  the  Tea 
 
 540,  St, 
 
 A  brief  account  of  the  formidable  croifado  of  the  chris- 
 tian princes  againft  the  Turks  in  1200  3  and  of  the 
 opportunity  the  Venetians  had  to  have  been  mailers  of 
 the  imperial  crown  342  to  345 
 
 Why  thé^  did  not  embrace  it  344,  e>r. 
 
 Varies  meflage  to  Alexander  the  Great  for  Peace,  and 
 hisAnfwer  347 
 
 A  canon  of  thè  Còunhl  of  Trent  about  the  patronage  of 
 benefices  34$ 
 
 Another  about  the  monks  keeping  their  vows  349* 
 
 An  argument  drawn  from  both  canons  in  defence  of  thè 
 republic's  right  over  the  gulph  3  50 
 
 The  only  title  of  all  Sovereigns  ibid. 
 
 A  commendation  of  the  Venetians  for  giving  free  liberty 
 to  difpute  their  moft  valuable  prerogatives  ibid. 
 
 A  remarkable  Story  of  a  King  who  had  the  Pedigree  of 
 his  Family  drawn  by  a  learned  Genealcgift  35 1 
 
 That  all  Sovereigns  and  the  Pope  too  owe  their  domir 
 nions  originally  to  ufurpation  ibid. 
 
 An  excellent  remark  of  a  tyanijh  Civilian  employ'd  by 
 K.  Philty  II,  to  draw  out  his  title  to  the  crown  of 
 Portugal  35? 
 
 Remarks  on  the  falic  law  of  France  and  the  national 
 law  of  England  ibidi 
 
 The  common  reflections  of  people  after  the  choice  of 
 a  new  Pope  353 
 
 Tmei  the  grand  bafis  of  the  Rights  of  Sovereigns  ibidi 
 
 A  notable  faying  of  the  prefldent  Jeannin,  who  was  fent 
 by  Heyiry  IV,  to  perfuade  the  Dutch  to  a  truce  with 
 the  king  of  Spain  354 
 
 An  Hexameter  which  a  Sicilian  king  caus'd  to  be  en- 
 graved on  his  fword,  as  a  proof  of  his  Rights  of  So- 
 vereignty ibid» 
 
 Marin*  s  meffage  from  the  Roman  Senate  to  Mithridates 
 king  of  Pont us  ibid. 
 
 The  original  bull  of  excommunication  by  Pope  Paul  V 
 againft  the  republic  356*0368 
 
 FINIS,