forbid the debating of this matter 2. After experience of the contentions about Residence they could not but foresee that this dispute so much connected with the other might occasion greater disorders of which they would have been guilty had they given leave therefore they * ibid. would not consent by any means 3. The Divines Prelates freely took leave though it was not given them never spoke more boldly than they did upon this subject If you will not believe me believe your friend Soave Read what follows believe your own eyes Michael Orencuspe a Divine of the Bishop of Pampelona argued * p. 558. that howsoever it be true and certain that Bishops are superior jure Pontificio yet the Lutherans are not in this regard to be condemn'd for Hereticks because that cannot be an Article of Faith which is grounded only upon the Law of man * ibid. John Fonseca a Divine of the Archbishop of Granata follow'd saying it neither was nor could be forbidden to speak of it For the Article being propos'd to be discuss'd whether it be heretical or no it is necessary to understand whether it be against Faith against which it cannot be if it do not repugn to the Law of God He said that if the Pope be instituted by Christ because he hath said to Peter Feed my Lambs Bishops are likewise instituted by him because he hath said alike to all the Apostles as my Father hath sent me so I send you And if the Pope be Successor of S. Peter the Bishops are Successors of the Apostles which he prov'd by many Authorities out of the Fathers He added that to be confirm'd or created by the Pope did not conclude that they were not instituted by Christ or had not authority from him For the Pope himself is created by the Cardinals and yet hath his authority from Christ So the Bishops receive the Diocess from the Pope authority from Christ Their Superiority over Priests he prov'd to be jure divino by authority of many Fathers who say that Bishops succeed the Apostles Priests the seventy two Disciples Antony Grossetus insisted upon the same point * p. 559. He said it was necessary to declare that Bishops have not commission for their Office from men for so they would be Hirelings to whom the Lambs do not belong because the man who had committed the care unto them being satisfied they had no more to think on .... In the end he excused himself that he had spoken without premeditation ... not remembring that that point was forbidden to be spoke of Here it is that Soave would make us believe that Grossetus fear'd some bad encounter but I am sure if any bad encounter had ever hapned to him upon this account Soave would have taken care to let us know it Have but a little patience to observe how freely boldly the Bishops deliver'd their opinions in the following Congregations and then Pl give you leave to tell me if you can what bad encounter they fear'd The Archbishop of Granata said * p. 565. They must needs declare both these two points that is that Bishops are instituted jure divino and are jure divino superior to Priests And he confirm'd his opinion at large with many reasons arguments authorities ... He cited Pope Eleutherius who in an epistle to the Bishops of France wrote that Christ had committed the Church Universal to them He added that Ambrose upon the Epistle to the Corinthians saith that the Bishop holdeth the place of Christ is Vicar of the Lord ... that there are extant Epistles of Cyprian to Fabianus Cornelius Lucius and Stephanus Popes where he giveth them the title of Brothers and of Austin written in his own name of the Bishops of Africa in which the Popes Innocentius and Bonifacius are likewise call'd Brothers which is most plain not only in the Epistles of those two Saints but of many others the Pope is call'd Colleague ... that it is against the nature of a Colledge to consist of persons of divers kinds ... In this Colledg of Bishops the Pope is Head but for edification only ... that S. Gregory saith in his epistle to Johannes Syracusanus that when a Bishop is in a fault he is subject to the Apostolick See but otherwise all are equal by reason of humility which Christian Humility is never separated from the Truth He inveigh'd against those Theologues who said that S. Peter had ordain'd the other Apostles Bishops ... * p. 566. He jested at those Divines who had said that all the Apostles were instituted by Christ and made equal in authority but that it was personal in them ought not to pass to their Successors except that of S. Peter asking them as if they had been present with what ground authority or reason they were induced to make such a bold affirmation invented within these fifty years only expressly contrary to the Scripture in which Christ said to all the Apostles I will be with you untill the end of the world which words because they cannot be expounded of their particular persons only must be necessarily understood of the succession of all * p. 567. The Archbishop of Braga prov'd at large the Institution of Bishops de jure divino He said that the Pope cannot take from Bishops the Authority given them in their consecration which doth contain in it the power not only of Order but of Jurisdiction ... that to Titular Bishops a City is allotted which would not be necessary if the Episcopal Order could subsist without Jurisdiction He was follow'd by the Bishops of Segovia of Segna others who spoke as boldy as himself not fearing any bad encounter and Soave says * p. 569. almost the half were of that opinion Afterwards * p. 577. to quench the boyling heat of the controversy about the Institution of Bishops that it might not increase by means of so many who were prepar'd to contradict Laynez they would not hold any Congregation for many days And yet they were so far from fearing any bad encounter that almost every day * p 578. three or four of them joyn'd together went to some of the Legates to renew the instance And one day the Bishop of Guadice with four others told them among other things that * ibid. as a Prince dos institute in a City a Judge of the first instante a Judge of Appeal who though he be superior yet cannot take authority from the other nor usurp the causes belonging to him so Christ in the Church hath instituted all Bishops the Pope superior in whom the Supreme Ecclesiastical Jurisdiction was yet so that others had theirs depending on Christ alone After all this the Bishop of Segovia when the Prelates met again in Congregation argued * p. 582. that it was decided in the Congregations under Julius III. that Bishops are instituted
jure divino though it was not publisht in Session by reason of the suddain dissolution of the Council ... The Cardinal of Mantua caused the Acts of that time to be search'd that to be read by the Secretary which was then defined to be published ... Three Heads of Doctrine were then composed and in the third which was of Hierarchy it was said The Holy Synod doth teach that those are not to be hearkned unto who say that Bishops are not instituted jure divino it appearing manifestly by the words of the Ghospel that Christ our Lord hath himself call'd the Apostles promoted them to the degree of Apostleship into whose place the Bishops are subrogated neither ought we to think that this so eminent necessary a Degree hath been brought into the Church by human institution There were also eight Canons the last whereof said thus He that shall say that Bishops are not instituted Jure divino or are not Superior to Priests or have not power to ordain or that this doth belong to Priests Let him be Anathema This the Cardinal of Mantua interpreted only of the power of Order the Bishop of Segovia understood it of All which containeth Order Jurisdiction and though he answer'd reverently in appearance there past so many replies that they were forced to break up the Congregation When the Cardinal of Lorain came to Trent he told the Cardinal of Mantua he * p 583. would not be curious in unprofitable questions that for his own part he was more inclined to the opinion which doth affirm the Institution of Bishops the Obligation of Residence to be de jure divino but though it were certainly true he saw no necessity or opportunity to proceed to a declaration thereof Nevertheless when Lorain came to Council * p. 596. The Bishop of Liria to inform him of all the reasons of the Spaniards did recapitulate with great eloquence whatsoever they had said in this matter And added besides that nothing was more in favour of the Lutherans than to say that Bishops are instituted by the Law of man When Lorain gave his suffrage he proposed the reasons on both sides he * p. 596. concluded in the end that the Question was boundless and exhorted the Fathers to leave it omitting jure divino saying instituted by Christ But notwithstanding this * ibid. The French Prelates who spoke after Lorain did not use the same ambiguity but maintain'd openly that the Authority of Bishops was de jure divino Again in another Congregation * p. 598. The French made proof of their liberty They said that the Institution Jurisdiction of Bishops was de jure divino as well as that of the Pope that there was no difference but in degree of Superiority and that the Pope's Authority is confined within the limits of the Canons relating commending the stile of the Parliaments of France that when any Pope's Bull is presented which containeth any thing contrary to the Canons receiv'd in France they pronounce it to be abusive forbid the execution Have you never heard that such boldness as this even in a free Parliament has been enough to send a man to the Tower And yet Soave confesses They were heard with much patience Consider well these passages from the beginning to the end of this Dispute and tell me then what liberty was wanting in the Council XXVII If the Prelates were so bold took such liberty How was it possible for the Council to end so quietly A. In some matters they had full * p. 728. satisfaction as in the clause Proponentibus Legatis In some a considerable part opposed as in the Doctrine of Residence which therefore according to the * p. 538. general Maxim of the Council could not be determin'd In others as the Institution of Bishops the Pope's Authority although their arguments had been urged repeated amplified in several Congregations yet still the major part was of another opinion it was therefore impossible to come to any determination And you know how natural it is for reasonable men to be quiet and silent when they plainly see it is in vain to speak XXVIII Was not the Pope's Authority at length made use of to restrain their liberty under pretence of their abusing it A. Soave himself who never makes the best of things is pleas'd to tell us quite another story Lorain who at his first coming to Trent had oppos'd the * p. 583. declaration of these points had * p. 596. exhorted the Fathers to leave it * p. 684. proposed the omission of the two Articles of the Institution of Bishops and Authority of the Pope as things wherein the parties were too passionate And very fitly says your Author * ibid. an Order came from the Emperour to his Ambassadors to use all means that the Authority of the Pope should not be discuss'd in Council which his Majesty did because he saw the major part inclined to enlarge it ... The Ambassadors having treated with the Legates in conformity hereof as also with Lorain other principal Prelates did cause this Article to be omitted as also that other of the Institution of Bishops But first they made many consultations about it that all might rest contented XXIX Why were the Popes of those times so afraid of a General Council Why so averse from it Why did they to secure themselves shift sides so often betwixt the Emperour King of France A. You might as well have ask'd me Why dos a Pilot fear a storm Why is he so averse from it Why dos he trimm the boat so often S. Peter's Ship in those days was grievously toss'd almost coverd with the waves But our Lord who seem'd to sleep at length arose commanded the winds the Sea there follow'd a great Calm XXX Why did they avoid defer so long the General Reformation Why were Bulls given secretly to the Legates to suspend or transfer the Council as occasion serv'd Why did they openly declare that a Council is ever dangerous when the Pope's Authority is question'd A. You 'l never have done with these cramp-questions except a man give you as good as you bring Is not the Reformation of Abuses in the Church as dangerous as the Redressing of Grievances in the State If our Nation were in the same ferment as under the reign of Charles I. would you blame his Majesty for pretending to prorogue or dissolve as he pleases And have we not ever since great reason to believe that a Parliament though otherwise excellent in it self is always dangerous when the King's Authority is question'd In those tumults of Ecclesiastical Affairs Reformation was a dangerous business And had the Reformers been let slip at the Abuses they would perhaps have worry'd the whole Church If S. Paul was in perils among false Brethren the Successor of S. Peter was no less * p.
had none from the Council appears not only by his silence but by Soave's History pages 298. 307. which I shall cite in the following Objection That the Safe-conduct which he had from the Emperour was never intended to hinder the Council's proceeding against him according to the Canons is manifest not only by what has been already said but by the Emperour's Letters of Publick Faith dated from Spire Octob. 18. 1414. extant in Goldastus his Appendix Documentorum ad Commentarios de Regni Bohemiae Juribus Privilegiis p. 81. We heartily recommend to all every one of you the honourable Master John Huss Batchelor of Divinity Master of Arts the Bearer of These whom We have taken into Our protection Safeguard of the Holy Empire passing from the Kingdom of Bohemia to the General Council which is shortly to be held in the City of Constance Desiring you to receive him kindly treat him favourably whensoever he shall come unto you and that you will ought to shew your readiness in promoting what belongs to his speed safety either by Land or Water permitting also him his servants his horses all things else beionging to him freely without any hindrance to passe to stop to stay to return by any passages ports bridges lands dominions jurisdictions cities towns castles villages whatsoever places of yours without any expence of tribute toll or any other payment And that you will ought for the honour respect of our Majesty to provide Secure Safe conduct for him his when occasion shall ' require All this the Emperour commanded as much as lay in Him And in all this his subjects obeyd as much as lay in them He had no Authority over the Council in matters of Religion Nor do I find the least syllable of any promise made by the Emperour to him that the Council should not proceed against him according to Law He came upon his good behaviour and in his own defence confiding in his own prudence and abilities as well as in the Emperour's Letters in which there is no sign of these two promises 1. that he should not be imprison'd if by any misdemeanour he deserv'd it 2. that he should nor be executed if legally condemn'd Both these promises were plainly included in the Extraordinary Safe-conduct which the Tridentine Council granted to the Protestants And therefore as I told you in the beginning The Case was quite different Read Soave and if you believe him you 'l begin to be asham'd of your objection * p. 348 Conc. Trid Sess 15. 18. The Synod doth make Faith to all Priests Princes Persons of what condition soever ... Safe conduct to come remain PROPOSE speak IN THE SYNOD to HANDLE EXAMINE WHAT THEY THINK FIT. give Articles confirm them ANSWER the OBJECTIONS of the Council DISPUTE with those whom it doth elect declaring that the CONTROVERSIES in this Council shall be handled according to the HOLY SCRIPTURE Traditions of the APOSTLES approv'd COUNCILS Consent of the CATHOLICK CHURCH Authority of the Holy FATHERS adding that they SHALL NOT BE PUNISH'D upon PRETENCE OF RELIGION or OFFENCES COMITTED or which WILL BE COMMITTED ... and shall RETURN when it shall seem good unto them WITHOUT LET with SAFETY OF THEIR ROBE HONOUR PERSONS but with the knowledg of the Deputies of the Synod that provision may be made for their Security granting that in this Safe-coduct ALL those CLAUSES be held to be included which are NECESSARY FOR REAL FULL ASSURANCE Adding that if any of the Protestants either in coming or in Trent or in returning SHALL COMMIT ANY ENORMITY which shall NULLIFIE THE BENEFIT OF THIS PUBLICK FAITH he shall be PUNISH'D BY THEIR OWN Protestant JUDGES so that the Synod may be satisfied and on the other side if any Catholick in coming hither remaining here or returning SHALL COMMIT ANY THING which may VIOLATE THIS SAFE CONDUCT he shall be punish'd by the Synod WITH APPROBATION OF THE GERMAN Protestant 's THEMSELVES who shall be present in Trent .... which things it promiseth faithfully in the name of all faithfull Christians Ecclesiastical Secular If Huss Jerome had come to Constance with such a Safe-conduct they had neither been imprison'd nor executed With such a one as this the Bohemians went afterwards to Basil were civilly used return'd quietly home With this the Wittenberg Protestants went to Trent remain'd quiet there return'd without receiving any affront That no more of the Protestants follow'd their example in going thither was their own fault They knew very well they might have gone remain'd return'd securely if they pleas'd Confider all this at leisure and then tell me if you can what 's become of your Excuse XI The Councils of Constance Sienna had declared it lawfull to break the faith of any Safe-conduct whatsoever A. Read the Decrees you 'l plainly see the contrary The Council of Constance dos not say 't is lawfull for any whosoever they are to violate the faith of their promises but only declares that no Secular Power can legally hinder the exercise of Ecclesiustical Jurisdiction because it is not only independent of it but manifestly superior to it in matters of Religion T is a common Maxim of the Law Superior legibus aut pactis Inferioris non ligatur And in all appearance the design of the Council was to satisfie the World that although the Emperour had pretended to grant an Extraordinary Safe-conduct such as exempts a man from Justice as well as Violence it could nor have hindred the supreme Power of Pope Council from proceeding according to the Canons in Causes which are purely of Religion This was the reason why the Protestants would not rely upon the Emperour 's Safe-conduct Nor can I blame them for it See Soave p. 298. Duke Maurice wrote to the Emperour that his Safe-conduct was not sufficient For in the Council of Constance it was determin'd that THEY MIGHT PROCEED AGAINST THOSE THAT CAME TO THE COUNCIL THOUGH THEY HAD SAFE-CONDUCT FROM THE EMPEROUR And that therefore the Bohemians would not go Basil but under the Publick Faith of the whole Council See p. 307. The Ambassadors went all together to the Presidents told them that the Emperour had given the Protestants a Safe-conduct but that they were not contented with it alledging that it was decreed in the Council of Constance and really executed that THE COUNCIL IS NOT bound BY THE SAFE-CONDUCT OF ANY WHOSOEVER HE BE therefore they required one from the Synod These Protestants you see understood the Council in the same sense as I do How come you to understand it otherwise Let the Decree speak for it self judge case betwixt us It runs thus Presens Sancta Synodus ex QUOVIS SALVO CONDUCTU per Imperatorem Reges alios Seculi Principes HAERETICIS vel de Haeresi diffamatis putantes eosdem sic a suis erroribus