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 I 'l 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 instance 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 inslituted sure 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. 598. 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 Ecclefiastical 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. 284. Not only the Protestants did impugn his Authority but many Princes also would restrain it many Bishops did think to moderate it * p. 205. The Spaniards had a secret which they communicated only among themselves to make great the Episcopal Authority so that the Pope could not restrain it The French had * p. 532. ever pretended to limit the Pope's power subject it to the Canons Councils * p. 349. The Emperour's Ambassadors had given the Protestants hope to moderate the Papal Authority said that they expected to see a Gate laid open by their negotiation that afterwards they might second it and Julius III. had intelligence that the Emperour had a design to advance himself by debasing of the Papacy This was enough to make the Popes of that Age take care to look before they leap'd But yet this was not all if Soave says true The * p. 17. Governours of Countries regarded not much what the Council might determine concerning Doctrines but desired it might be such a one as might reduce the Priests Friers to their beginning hoping that by that means the regalities temporal jurisdictions might return unto them And therefore they said it was in vain to call a Council where the Bishops other Prelates only should have a deliberative voice because they ought to be reform'd and it was necessary that others should have the charge thereof who could not be deceiv'd by their proper interests Here you see in plain English what the Reformation was like to come to 1. The design was laid to bring the Ecclesiasticks to their beginning They were to be brought to their Staff and Scrip again sent about their business
Nice Our Canon of Scripture Purgatory Seven Sacraments Pope's Supremacy were defined in the Council of Florence Auricular Confession Transubstantiation in that of Lateran 7. Although in the first Sessions under Paul III. there were only about 48. Bishops 3. Benedictine Abbots 5. Generals of Religious Orders with about 40. able Divines by way of Counsellors This paucity under Paul or Julius was amply recompenc'd by a greater number of Prelates under Pius IV who all unanimously received ratified the former Acts of the Council If you count them you 'l find in the Catalogue 270. to which if you add the learned Divines who assisted the whole number amounts to about 450. persons 8. A General Council requires that the Pope either preside in it or approve the Acts of it as in the case of the II. V. General Council In the IV. VI. VII VIII the Protestants allow that he presided To the III. he deputed S. Cyril To the I. he sent his Legates Osius you 'l say subscrib'd before them 1. T is thought he presided in the Pope's name with them 2. If not it was a pure indulgence of honour to him The Legates subscribed before all the Patriarchs 3. The subscriptions were manifestly irregular because the Bishop of Antioch who was the III. Patriarch suscribed after the Bishops of Aegypt also those of Palestine which were subject to him I have now done with my remarks shall make what hast I can with your objections setting them down in the same order you sent them I. The Eastern Bishops were absent the Protestants would not go to the Council A. 1. There were six Greek Bishops present Afterwards three Eastern Patriarchs two Assemblies of their Prelates approv'd the chief points The Protestants had no right to a decisive voice Their opinions had been censur'd in former Councils and were like to be condemn'd again in this If for these reasons they absented 't was their own fault The Council was never the worse for 't 2. Read the Bulls of Convocation you will find that all every one who either by law by custom or by priviledge have any right to be present or to deliver their opinion in General Councils were summon'd to appear in Trent 3. Soave himself relates how there was a deliberation of sending granting safe-conduct to the Greek Churches under the Turk * p. 451. but it was presently seen says he that these poor men afflicted in servitude could not without danger assisiance of money think of Councils He says also that * p. 408. although the Pope was put in mind that to send Nuncio's into England to Princes elsewhere who do profess open Separation from the See of Rome would be a disreputation to him yet he answer'd that he would humble himself to Heresy in regard that whatsoever was done to gain souls to Christ did become that See. II. In some of the first Sessions there were not above fifty Bishops A. The difficulties disturbances of the Times bear all that blame All was fully recompenc'd in the end by a numerous unanimous ratification of all by the acceptation of the absent Prelates afterward Soave says that under Pius IV. * p. 504. the Actions of this Council were in greater expectation than in former times in regard the number of the Prelates were assembled four times as many as before He says * p. 757. All the Decrees made in this Council under Paul and Julius as well of Faith as Reformation were recited And the Secretary going into the midst did interrogate whether the Fathers were pleas'd that Confirmation should be demanded of Pope â—ius IV. of all things decreed under Paul Julius his Holiness and they answer'd not one by one but all together Placet Pallavicini says the same only he proves that * l. 24. c. 8. the votes were given as usually one by one III. Many of the Bishops were only Titular And many made during the Council that the Papalins might over-vote the Ultramontans A. As to the first part Soave takes notice only of two Titular Bishops the Archbishop of Armagh in Ireland and Upsal in Sweden both driven from their Sees by persecution of Protestants both true Bishops by their Ordination and both sent by the Pope in the beginning of the Council The second part being barely asserted locks like a groundless calumny may justly be suppos'd such till some proof appear IV. The Popes of those times major part of the Prelates would never allow this Title of the Council Representing the Universal Church Therefore they themselves did not look upon it as a General Council A. Here I must beg your pardon if I think you very much mistaken in your inference This Title was usurp'd by the Councils of Constance Basil but never assum'd by any Council which was totally approv'd You know very well that Catholick Divines are divided upon the point whether the Pope be superior to a General Council or whether a General Council without him be so compleat a Representati e of the Univerial Church as to be superior to the Pope They who maintain'd the superiority of a General Council were zealous for this Title and the others constantly oppos'd it But both parties always agreed that the Council of Trent was as truly General as the first four Councils were or any have been since V. It was never receiv'd by the Protestants Nor by the French Catholicks A. 1. The Council of Nice was never receiv'd by the Arians 2 It was universally receiv'd by both Ecclesiastical Civil State of France in point of Doctrine 3. The Decrees of Reformation were approv'd by all the Catholick Clergy of that Kingdom In the Assembly at Blois in the year 1576. The Archbi hop of Lions in the name of all the Ecclesiastical State of France begg'd the assistance of the King's Authority to put this Reformation in execution In the Assembly of Melun 1579. the Bishop of Bazas in their name made the same request to the King chiefly because they are tied bound to all Laws so made by the Catholick Church upon pain of being reputed Schismatical of incurring the curse of Eternal Damnation At Fontainebleau in the year 1582. The Archbishop of Bourges tells the King The stain reproach of Schism rests upon your Kingdom amongst other Countries And this is the cause why the Clergy doth now again most humbly desire c. In the General Assembly of the States at Paris in the year 1614. Cardinal Perron Cardinal Richelieu then Bishop of Luson prosecuted in vain the same request Thus you see the Catholick Clergy of France unanimously receiving approving the Council of Trent in matter of Discipline The Civil State as it has no share in the Votes of the Council so their non-approbation cannot diminish the Authority of it You may guess at the reasons of excepting against it by what the Queen Regent
Catherine de Medicis was pleas'd to tell the Pope's Nuncio that the Council could not be admitted because by the Council's Decrees the King could not gratifie such Ministers of State as had done him singular service with the means of Religious Houses of Church Benefices VI. Leo X. before the Convocation of the Council had declar'd that Luther his Adherents were Hereticks Being therefore already condemn'd why should they come to Council A. 10 Their Errors had been condemn'd in former General Councils and since it really was so Why might not the Pope say so 12. Because the Pope had condemn'd them therefore they * See Scave p. 11. appeal'd to a General Council and since they had appeal'd to it Why should they not go to it VII It was not a legal Council A. That is to say it was not such a one as they had a mind to Luther being question'd first made friends to be tried in Germany As soon as he was there condemn'd by Cajetan he appeal'd to the Pope Immediatly after foreseeing his condemnation there he intercepted this appeal with * ibid. p. 8. another from the Pope to a General Council having ground to imagine He would never call one who was suppos'd to fear that it would severely reform him his Court. As soon as he saw that in good earnest a Bull was publisht in the year 1537. to call a Council at Vicenza he began presently to vilifie Councils put out a book De Conciliis to prove that they always did more harm than good not sparing so much as the first Councils of Nice or of the Apostles Then he appeal'd from Council to Scripture where He that makes himself supreme Judge of the Sense may easily maintain what absurdity he pleases Soave tells us he was * p. 17. used to say that he was so well assured of his Doctrine that it being Divine he would not submit it so much as to the judgment of Angels yea that with it he was to judge all both men Angels After this his Followers thought it more plausible not to shuffle so visibly but to admit a Council clog it with such conditions as would quite disarm it make it useless You may read them in Soave as follows * p. 600. 1. That it should be celebrated in Germany 2. That it should not be intimated by the Pope 3. That He should not preside but be part of the Council subject to the determinations of it 4. That the Bishops other Prelates should be freed from their Oath given to the Pope 5. That the Holy Scripture might be Judge in Council all Humane Authority excluded 6. That the Divines of the States of the Augustan Confession sent to the Council might not only have a consulting but a deciding voice 7. That the Decisions in Council should not be made as in Secular matters by plurality of voices but the more sound opinions preferr'd that is those which were regulated by the word of God. You will not deny but that in England we have had some Kings whose title to the Crown has been unquestionable that some free legal Parliaments have been assembled during their reign Give me leave to put the case that two or three Counties had revolted protesting against all that would be done in such a Parliament resusing to send any Deputies to it but upon these conditions 1. that it be assembled in their Territory 2. that it be not call'd by the King 3. that his Majesty may be subject to it 4. that all the members of it be freed from their Oath of Allegeance 5. that all Humane Authority of former Parliaments may be excluded 6. that they may depute as many as they please with a decisive voice 7. that for fear of being over-voted the Decisions be not made as usually by plurality of voices but that the more sound opinions that is their own may be preferr'd What would you think of these Articles Would you conclude the Parliament was illegal if it did not submit to their demands I do not pretend here to make an exact parallel betwixt the Monarchy of the Church that of England yet however the parity is not so unequal but that it may help to open your eyes VIII The Parties concern'd were Judges in their own case A. No more than in the I. of Nice The world was then divided into Catholicks Arians as now into Catholicks Protestants And as the Catholicks had then a right to judge the one so now they had the very same right to judge the other If any part separate from the whole it does not therefore acquire a right of saying that the Whole from which they divide themselves is now a Party therefore must not judge them Pope Leo and Dioscorus Bishop of Alexandria counteraccus'd one another of Heresy and yet the Pope legally presided in the IV. General Council which condemn'd Dioscorus Neither was it ever thought a sufficient excuse for Dioscorus to say the Pope was a Party Judge in his own case Mr Chillingworth confesses that in controversies of Religion it is in a manner impossible to avoid but the Judge must be a Party For this must be the first controversy whether he be a Judge or no and in that he must be a Party Such is the Pope's Case in the Definition of his Supremacy The same necessity is found in supreme Civil power Inferiour Courts are liable to Appeals But if some of the King's subjects rebell against him oppose his prerogatives or laws 't is evidently necessary that the King must judge his own case or the Offence must not be judg'd at all What must the King do Substitute an equal number of Royalists Rebells This can never be an effectual provision for the Common Peace of Government Or must he remit the arbitration to a neighbouring State 1. This state is always interess'd therefore partial 2. This does not leave within the compass of any Kingdom upon earth sufficient power to procure the common good 3. Were it allow'd in Civil Power it cannot be applied to our present case unless Controversies in Religion could be decided out of the Church by men of no Religion at all In the National Synod of Dort in the year 1618. the Low-country Remonstrants seeing themselves like to be over-voted by the Protestants made the same excuses saying that the major part of the Synod was declar'd of a contrary party that they were already excommunicated by them and therefore they ought not to be Judges To this the Synod replied that if this exception were admitted it would subvert the whole frame of Ecclesiastical Government that Pastors would be discourag'd from their duty of opposing the first beginnings of Heresy if therefore they must forfeit their right of giving suffrages or being Judges afterwards that the Arians other Hereticks might ever have pleaded the same exception against the Orthodox Fathers that
Council of ours is this that I find in Soave they could not agree in a Council of their own * p. 411. In Germany says he the Princes of the Augustan Confession assembled in Neumburg being ashamed that their Religion should be esteem'd a Confusion for the variety of Doctrines amongst them did propose that they might first agree in one then resolve whother they ought to refuse or accept the Synod ... They said the Augustan Confession was to be the ground of their Doctrine but there being divers copies of that Confession which differ'd in regard of divers additions made in divers of them some approving one some another Many thought they ought to take that only which was presented to Charles in the year 1530. Whereunto those of the Palatinate did not consent unless it were declared in a Proheme made unto it that the other Edition did agree with it The Duke of Saxony answer'd that they could not stop the eyes ears of the world that they should not see hear their differences that if they would make shew of union where they were at variance they should be convinc'd of vanity lying And after many contentions they remain'd without agreement in that point How should the Catholicks please them if they knew not how to please themselves X. The burning of John Huss was a sufficient excuse for the Protestants not to rely upon any Safe conduct A. I must beg your pardon if I believe no such matter It was no excuse at all His Safe conduct was of the ordinary form Theirs was extraordinary And. therefore the Case was quite different 'T is certain that the Ordinary Safe-conducts secure a man only from unjust violence but not from the just execution of a legal sentence if he be found guilty When a person suspected of a crime is cited to appear to answer for himself the Ordinary Safe-conduct secures him from all abuses or affronts which might otherwise be offer'd to him either going staying or returning but however if after a fair Trial he be legally condemn'd it will never save him from suffering according to Law. If this were all the Security that Huss relied upon we may justly admire his confidence in going so boldly to the Council but cannot reasonably wonder either at his imprisonment or execution That this was all the Security given him appears by the testimony of one of his own Disciples who wrote his Acts which are publish'd in the beginning of his Works says he was an eyewitness of what pass'd He relates the words of the Emperour Sigismond telling Huss to his face at Constance * Acta Iohannis Huss p. 15. Although says he Some say that by your friends patrons you receiv'd our Letters of Publick Faith fifteen days after your imprisonment yet we can prove by the testimony of many Princes men of chief note that before you left Frague you receiv'd our Letters by Wenceslaus of Duba John of Chlum to whose trusty care we recommended you THAT NO INJURY MIGHT BE DONE TO YOU but that you might speak freely answer for your self before the whole Council concerning your faith doctrine And this you see the most Reverend Lords Cardinals Bishops have so perform'd that I have reason to give them many thanks ... Now therefore we advise you not to defend any thing obstinately but to submit your self with what obedience you ought to the Authority of the Holy Council If you do this we will endeavour that for our sakes you may be favourably dismiss'd by the Council If not ... We truly will never patronize your obstinacy your errors In this discourse of the Emperour I observe 1. That the Letters of Publick Faith were given to Huss only that no injury might be done to him And therefore conclude that if contrary to the common law of Safe-conducts he endeavour'd to make his escape his imprisonment was just and no injury done See Bremus a Protestant Lawyer Quaest ult de securitate who cites a great number of others agreeing with him this opinion that Publick Faith is ended or forfeited if a man having receiv'd Publick Faith committs a new crime be cause for this he may be punish'd 2. That the friends of Huss made no great scruple of telling stories in favour of him of raising a false report that the Letters were given him the fifteenth day after his confinement thinking perhaps that by this rumour the Emperour would be oblig'd in honour to rescue him out of prison Which deceitful dealing makes me less wonder either that his Disciples make no mention of his endeavouring to escape or that the Nobles of Bohemia take no notice of it in their Letters of complaint to the Emperour makes me more apt to believe the Relation of it set down by Ulricus Reichental an inhabitant of Consiance an eye-witness of what hapned an accurate Historian of the Council whom if you understand not in the original Teutonick you may read this part translated into Latin by Cochlaeus lib. 11. Hist. Hussitarum pag. 73. Before Huss was guilty of this crime he had been kindly receiv'd and favourably treated at Constance as well as all the way thither This he confesses himself in his Letters to his friends * Epist 5. We came says he to Constance after the feast of All Saints passing through the Cities without any ill usage And we lodge in a street which is nigh the Pope's Palace Again * Ep. 6. All my affairs are in a good posture says he Scitote quod bene sto per omnia And in his Letter above cited speaking of Latzembock and Lepka to whose care the Emperour had recommended him he says * Ep. 5. They have been with the Pope have spoken to him concerning me Who answer'd that he will do nothing by violence Besides his Chamber-fellow Plebanus de Jannowitz wrote a Letter dated from Constance the Saturday before S Martin's feast in which he tells how * Ep. 4. Hussiticarum the Bishop of Constance with his Official came to their Lodging letting them know that the Pope suspended the interdict the sentences of excommunication against Master John desiving him nevertheless that to avoid scandal discourse of the People he would absent himself from the solemn services of the Mass otherwise that he might freely go about to see the Town the Churches or any other places at he pleased .. We have says he full liberty in Constance Afterwards as Ulricus relates it the people flock'd together to hear Huss say Mass in his Lodging which being a scandalous thing he having been excommunicated for Heresy not having yet justified himself the Bishop of Constance as Ordinary of the place prohibited his doing so But Huss still persisting to celebrate the Bishop forbidding the people to be present he began to look upon it as an evil omen of his future condemnation and resolv'd to contrive his
Bishops of all nations unanimously agreed See what Soave says concerning the following points Apostolical Traditions p. 145. It was approv'd by all that they should be receiv'd as of equal authority with the Scriptures Vulgar Edition of Scripture p. 150. It was approved almost by a general consent p. 152 the Congregation being ended the Cardinal Santa Croce assembled those that had opposed the Vulgar Edition shew'd they had no reason to complain because it was not prohibited but left free to correct it to have recourse to the Original but that only it was forbid to say there were in it Errors of Faith for which it ought to be corrected Original Sin. p. 164. No man resisted the condemnation of the Articles Justification Merit p. 215. In condemning the Lutheran opinions all did agree with exquisite Unity Sacraments p. 219. All the Divines agreed in affirming the number seven condemning the contrary opinion as heretical Baptism Confirmation p. 232. All parties were satisfied Worship of Christ in the Eucharist p. 306. All agreed Communion under one kind p. 306. All made use of long discourses but all to the same purpose p. 485. They all agreed that there was no necessity or precept of the Cup. Transubstantiation p. 309. There was a contention between the two Schools Dominican and Franciscan which troubled the Fathers with the subtility small fruit thereof The Dominicans said the one substance is made of the other The Franciscans said the one doth succeed the other Both agreed that it is properly truly called Transubstantiation p. 310 it was determin'd in the General Congregation to use an expression so universal as might be accommodated to the meaning of both parties without approving or condemning either the one or the other Sacrifice of Mass p. 508. In the discussions of the Divines all were uniform in condemning the Protestant opinions although there was some contention whether or no Christ at supper offered himself p. 538. some saying that in regard of the three twenty contradictors it was not lawfully decided and others answering that an eighth part could not be called considerable Auricular Confession p. 328.329 330. No disagreement appears among the Prelates or Divines concerning the 6.7 8. can of the 14. Session Extreme Unction p. 330. The Divines spoke with some prolixity but without any difference among themselves Promotion of married persons to holy Orders p. 698. The Fathers did uniformly without difficulty agree upon the negative Matrimony p. 730. The doctrine anathematisms were read to which all consented Purgatory Invocation of Saints p. 749 The Decrees were read all approved with great brevity little contradiction Indulgences p. 757. The Decrees were read approved by all XVIII Proxies were not allowed to have decisive votes A. 1. There were but seven in the Council 2. They had votes in consultations among the rest 3. They had no right to a decisive vote 4. Were it indifferently allowed it would encourage Bishops to pretend necessity of their absence XIX All the Bishops were sworn to the Pope before they sate in Council A. 1. They never swore to vote against their judgment They only swore Canonical obedience fidelity to him that is such obedience fidelity as the Canons of former Councils require * Bellarmin De Concil lib. 1. cap. 21. as long as he is Pope and so long as he commands those things which according to God according to the Canons he can command but they do not swear that they will not in Council say what they think or that they will not depose him if they convict him of being a Heretick 2. An Oath taken in general terms to defend his Canonical rights leaves the Council in perfect liberty to examine what is Canonical what not 3. Without the Oath they are strictly bound by the Canons to the same obedience fidelity so that it induces no new obligation but only confirms what was their duty before 4. Parliament-men swearing sidelity to their King according to the Laws do not loose the freedom of their Vote nor the power of changing many Laws making others with the King's consent 5. Every Bishop in the English Church at his consecration sweare due obedience to his Archbishop his Successors Why may not Catholick Bishops swear as much obedience to the Pope And what harm is there if they take the very same Oath again before they sit in Council XX. In one of the Congregations the Bishop of Guadice was interrupted affronted and the Cardinal of Lorain complain'd the Council was not free A. This hapned only once satisfaction was presently given Soave relates it thus * p. 593. The Bishop of Guadice speaking of the last * Sess 23. Canon where it was determin'd that Bishops call'd by the Pope are true lawfull said that there were also Bishops not call'd by the Pope nor confim'd by him which nevertheless were true lawfull For example he brought four Suffragans elected ordain'd by the Archbishop of Salzburg who take no confirmation from the Pope Cardinal Simoneta did not suffer him to proceed saying that whatsoever the Arthbishop of Salzburg or other Primates did was all by the Pope's authority The Bishop of Cava and two more call'd him Schismatick and said he ought to be put out of the Council Immediatly there follow'd a great noise among the Prelates as well of whispering as of feet partly in offence of the Prelate that gave his voice partly in defence The Legates did hardly appease the stir by making others proceed who were to speak in that Congregation which being ended Lorain said the Bishop had not spoken ill .... indeed it was found that the Bishop had not spoken ill and the Canon was corrected for whereas it said the Bishops call'd by the Pope of Rome it was altered thus the Bishops assumed by the authority of the Pope of Rome ..... Mantua did also reprehend the noise made with feet words saying that if hereafter they did not speak with respect They the Legates would go out of the Congregation .... Lorain commended the admonition said that as the Legates ought not to go out of the Congregation for any occasion whatsoever so it was most just that the perturbers of it should be punish'd Here you have a full account of the whole matter It was only a suddain heat soon over The publick reprehension of those who made a noise was satisfaction abundantly sufficient for what was past And the altering of the Canon according to the Bishop's advice was a very extraordinary encouragement for him every body else to speak freely for the future The Cardinal complain'd before the satisfaction was given the Canon alter'd but not after Besides it is not impossible for great men to find fault when there is but little reason for it They are used to be humour'd when they
in the Continuation which was to cross him in all things 5. Afterwards * p. 478. the Pope resolv'd that the Continuation should be declar'd let the Emperour do what he could and dispatch'd a Currier to Trent with this Commission If the Spirit had been wont to move the Legates to think as the Pope did why dos Soave tell us that this Commission being arrived the second of June they all resolv'd uniformly to inform the Pope better shew him the impossibility to perform his Order Why dos he tell us that the next day ... at night a Currier came with Letters that his Holiness did refer all to the wisdom judgment of the Legates I might cite you a great deal more to this purpose but this is enough to shew 1. that the Legates spoke freely their minds and acted according to their Conscience 2. that the Pope did not endeavour to hold the Council in servitude XXV Nothing could be debated but what the Legates proposed the Pope's Commissions running with this clause proponentibus Legatis A. 1. At least the Council voted freely upon the matters which were proposed 2. In great Assemblies such a method is necessary to avoid confusion 3. It was at length * Sess 24. cap. 21. de Reform declar'd that the clause was not inserted with design of changing the usual methed of treating matters in General Councils and then Soave says * p. 728. The difficulty receiv'd an end with satisfaction of all You that have read Soave may easily remember a great many passages in which the Prelates over-ruled the Legates forced them to debate things which they had no mind to 1. This clause proponentibus Legatis was * ibid. much agitated 2. The Title of the Council Representing the Universal Church 3. The divine right of Residence 4. The Institution of Bishops being de jure divino 5. The general Reformation of the Church which point might have been pusht perhaps too far if the Legates had not wisely counterpoised it with proposing a sutable Reformation of Secular Princes 6. Concerning the grant of the Cup demanded by the Emperour you read in Soave that * p. 530. the Legates were desirous to give him satisfaction but could not because the party of the negative prevail'd 7. About admitting the Protestant Divines to disputation you find that * p. 343. this opinion was readily embrac'd first by the Dutch then by the Spanish Prelates at last somewhat coldly by the Italians the Legate remaining immoveable and shewing plainly that he stood quiet being forc'd by necessity Give me leave to add one instance more and if you are not fully satisfied with it I shall know what to think of you Read Soave p. 498. 499. and observe 1. how boldly the Bishops of Veglia and Sidonia spoke their minds concerning the corruptions of Rome Reformation of the Pope himself 2. how moderately the Legates other Papalins discoursed about it when the Congregation being ended they remain'd in the place together to consider the boldness too much licence of the Prelates in broaching new matters Upon this occasion Castello who had been Speaker under Julius told them that Cardinal Crescentius was used to interrupt them sometimes impose them silence But the Cardinal of Varmia sharply reprehended this practise said that Nothing is more necessary to a Christian Synod than Liberty and that reading the Councils of the better times one shall find contentions discords in the beginnings of them even in the presence of the Emperours which notwithstanding did in the end turn by the assistance of the Holy Ghost into a marvellous concord and that was the miracle which did pacifie the world He said there were infinite contentions in the Nicene Council most exorbitant in the Ephesine and therefore no wonder if there were now some diversity of opinions civilly carried which he that would resist by human violent means will let the world know that the Council is not free take from it all reputation that it is good to refer the cause unto God who will govern Councils moderate those who are assembled in his name The Cardinal of Mantua approv'd this opinion disliked the proceeding of Crescentius but said it was not contrary to the liberty of the Council to moderate abuses with Decrees prescribing the order time of speaking distributing to every one his own part This was commended by Varmia they agreed to give order for it XXVI Notwithstanding all this the Legates would not give leave to propose the Article concerning the Institution of Bishops * p. 550. Granata Braganza Messina Segovia having obtain'd audience of the Legates desired that they might handle the Articles that Bishops are instituted by Christ are Superior to Priests jure divino The Legates after they had conferr'd together answerd that it was fit to declare a Bishop is superior but * p. 551. that it was not necessary to say quo jure Granata replyd that there was a Controversy and that if the Divines did dispute it the necessity of deciding this point would be known The Legates would not consent by any means A. 1. They did not absolutely 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 be 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