Provincial Synod Diocesan Synod Consistory and they held an Assembly almost daily which was called the Consistory in imitation of the Assembly of the Emperors Counsellors to which that name was given In the Ecclesiastical Consistory the Chief of the City Churches did intervene with the Bishop a thing grown out of use in all places only in Rome the Image remains There they proposed discussed and resolved all Ecclesiastical Affairs but after that Benefices were erected the Priest having his Living separate took little care of the Common Affairs and ceased from intervening in the Consistory N. 66. whereupon that grew out of custome and instead thereof the Bishops made an Assembly of all the Clerks of their Cathedral Church to make use of them as well for Councel as for Ministers in the Government who receiving the Share of their Living from the common Mass or Stock every year every month every day from whence they were called Canons Canons from the word Canon which in the Western Empire signified the measure of wheat which sufficed for a Private mans food or for a Families or for a Cities and this Institution of Canons did a little precede the times of Charlemain by whom they were also better settled Here it is also requisite to be noted that in those times by reason of the Wealthiness of the Benefices they created for Bishops the chief men of the Court and of the City to whom the Prince likewise committed a great share of the Political Government first extraordinarily and then seeing it succeeded well N. 67. ordinarily though not in all Gities after the same manner but according to the Occurrences of the place and to the worth or goodness of the Bishop and also according to the little aptness of the Lord or Earl Câ—nte who was sometime supplied by referring unto the Bishop which was the cause that when the Posterity of Charles was afterwards degenerated and plunged into the depth of Ignorance the Bishops thought it better for them not to acknowledge any more that Authority of the Prince from whence it came but to attribute it to themselves only and to exercise it as a Peculiar of the Bishops Ecclesiastical Jurisdiction and to call it Ecclesiastical Jurisdiction And such was the Beginning of that which we now see contended for with Princes and which puts a little confusion sometimes in the good Civil Government The Affairs established by Charlemain had no long duration N. 68. through the little worth of the Princes of his Posterity who held the Empire whereupon beyond the Alps things easily returned to their first Abuses the People in few places and very seldom had any share in the choosing of the Bishops and not much in the choice of the other Ecclesiastical Ministers but the Bishops ordained and gave Benefices to whom they pleased except when some man was proposed by the Prince in which case they failed not to obey The Pope of Rome was always elected by the People and confirmed by the Emperour afore he was consecrated and the other Italian Bishops were not consecrated unless the Emperour had first approved of them In France and in Germany much more If the Pope was willing to favour any one in the Neighbouring Bishopricks of Rome he had recourse to the Emperour beseeching him he would vouchsafe to give him the Bishoprick and if any instance were made to him that he would grant the Consecrating of any one who had not the Emperours Letters he refused to do it bringing to mind they should be first obtained But the Posterity of Charles being driven out of Italy in the year 884. N. 69. Adrian the 3d. made a Decree that the Pope should be consecrated without the Emperour It was not besides the Argument that having designed to treat of Benefices we have discoursed of the Popedome and are yet to discourse of it for the future That being one amongst the Benefices and especially named for a Benefice by Clement the 3d. in a time when the Popedome of Rome was not only ascended to its heighth of Greatness but had also some peculiar Dignities to distinguish it from others And 't is a most noted thing Pope that antiently the name of Sanct us Sanctissimus Beatus Beatissimus was common to all the Faithful in Christ when all men still aspired to perfect Sanctity afterwards that Secular men had attained to much more conveniencies in worldly Affairs these names remained amongst the Clerical Order and after the declining of the inferiour Clergy they remained amongst the Bishops only N. 70. Finally the Bishops being given to worldly Affairs they remained to him of Rome only who hath retained them since not as Titles of Goodness as they were but as Titles of Greatness The Names of Pontifex Pope or Chief Priest were and are common to all Bishops yea there are yet some Canons extant wherein all Bishops are called Chief Priests The name of Papa or Pope which seems the most proper was given to each Bishop St. Ciprian Bishop of Carthage was called Pope St. Hierome gives that Title unto St. Augustin but in times much more recent Sidonius Apollinare called many Bishops Popes and is called Pope by them Many Canons are in the Decree of Gratianus in the Inscription whereof Martin Bishop of Bracara in Portugall is called Pope Gregory the seventh in the year 1076 The name of Pope First made peculiar to the Bishop of Rome by Gregory 7th was the first who Decreed that the name of Pope should be peculiar to him and not attributed unto others and it proceeded so far in Opinion not to say in Faction that Anselmus Lucensis one of his followers said that the Plural of the name God was no less improper and impious than that of Pope But returning to the times which followed the Line of Charlemain N. 71. In France was a Fashion invented which though it appeared in favour of Secular men the Churches thereby encreased unto immense Riches and this was a Contract called Precarius Precarius by which Precarius to whomsoever that gave his own to the Church the Church granted him to possess the same in his Life-time and twice as much besides and if he would divest himself of the Usu-fruit also they gave him to enjoy three times as much of other Goods of the Church afterwards this went over into Italy also The Contract for that time proved profitable to him who tripled his Incomes and accommodated those who were without Posterity or who took care for the present without caring for Posterity but indeed the Profit was the Churches who after his Death got the Estate entirely Great Confusions in Italy followed upon these times as well in the Civil Government as in the Ecclesiastical and specially in the Popedome unto the year 963 wherein for 80 years N. 72. none sought after a true Form and Face of the Churches Condition but only for a
106. and a Tumult was appeased which had lasted 56 years under Six Popes by Excommunicating an infinite number of Persons both Ecclesiastical and Civil who adhered to the Emperor and by the Death of numberless Persons on both sides in threescore Battels fought by Henry the Father and in eighteen fought by Henry the Son tantae Molis erat to lay the Foundations of that Building which we have seen brought up to the Top of the Battlements whereof we are to speak In the Occurrence abovesaid happened between Pascal and Henry the Judgment of the World was various some saying that the Assent yielded unto by the Pope was Null as done out of fear finding himself and so many Cardinals in the Emperors hand and therefore with Reason Pascal opposed him and ceased from observing it But on the other side it was said that if the Popes Assent were invalid for being extorted with Fear N. 107. no less ought to be held for invalid the Assent yielded to by the Emperor for Fear of so many Excommunications and Anathema's of so many Rebellions and Machinations for which cause he is subject to restore that which is done for Fear of Imprisonment and not that which is done for Fear of Anathema's and for Fear of seeing all his Dominions and People in Confusion and in Civil Wars Some men in Counsel in the presence of Pascal made use of this Dilemma if the Decree and the Bull of his by which he granted Investiture unto the Emperor were Lawful they ought to be observed if they were unjust and as some say Heretical then was the Pope Author also Heretical and unjust 'T is true indeed that a thing just and due although done out of Fear is valid and that no man whatsoever is blameless if for any kind of Fear he acteth contrary to the Law of God The Contention of the Popes with the Emperors about this matter of giving Investiture of Bishopricks and Abbeys stopt not only in Italy and Germany Kingdoms of the Emperor but in the same times also in France some of the Bishops stirr'd up by Example and through Interest N. 108. opposed the King for the same cause but because all were not agreed to make a League with the Pope against the King the King for the most part overcame him and the Popes were content to gain that by little and little which was Impossible for them to do all at once together In England the King having alwayes conferr'd Bishopricks and Abbeys in the year 1102 Anselm Arch-Bishop of Canterbury refused to Consecrate the Bishops provided by the King he adhering to the Decrees made by the Popes and the Contention lasted many years the King maintaining his Authority and the Arch-Bishop by the help of the Pope defending his Opposition the King believed himself able to perswade the Pope to that which he reputed Just therefore he sent an Ambassador who received such rough Answers and Threatnings from the Pope that to take off his Edge the Ambassador thought fit to tell him the King would not lose his Authority although he were to lose his Kingdom to which the Pope replyed with no less boldness that he would not permit it although he were to lose his Head The King remained Constant N. 109. and it behooved Anselm to depart the Kingdom incapable of returning without Consenting to the King 's Will. But the King dying without Heirs-Male and some Civil Wars happening 't was easie for the Clergy-men to prevail and to introduce That into England which had been introduced in the Empire where after the Cession of Henry of which hath been spoken the Pope obtained his intent true it is that in the year 1132 Lotharius the Saxon Successor of Henry the 5th Emperor being sought to by Innocent the 2d engaged in a Schism that he would acknowledge him for Pope and not his Adversary refused to do it unless the Investitures Renounced by Henry were restored to him and perhaps the Pope would have granted them but St. Bernard very intimate with Lotharius perswaded him to desist proposing to his Consideration that he having made War against Henry his Predecessor and Lord upon Pope Paschals Instance for that cause N. 110. afterwards to be willing to make himself a Defender of Henry's Pretention was to declare himself a Rebel and that he had made War against his Lord while he was defending a just Cause That which usually happens after great Victories namely when all the Forces of the Enemy are not Extinct the Fragments or the Remainder of the overcome Party oftentimes spring up again with old Pretensions which the prudent Vainquisher temporizeth dexterously rather than oppose himself openly by renewing a War so it fell out in these present occasions The Popes not being able to have the Victory of such a great Pretention so entirely but that in some Places some Benefices would remain in the Power of the Laity and that a Prince sometimes for some Necessity of his Government without Regard to the Pope would bestow some Bishoprick after the first manner There remained in France the Regalia N. 111. which is a Right of the King to Confer all single Benefices Vacant by the death of the Bishops until the Successor be Created There remained in Germany a Right of the Emperors of giving only one of the Canon-ships in many Churches and so divers particular Authorities were retained by some Princes The Popes that they might not by Contending for these particular uses renew the Contention with hazard of losing the whole or else by letting them run on they might do prejudice to the general Cause thought it requisite to make Provision both by Negotiation and Art They found a Temperament or Complyance by causing the Canonists and other Scribes depending on them to Write that these Princes enjoy'd that Authority through Priviledge granted by the Pope This served the Popes for a Reputation to make appear that Princes had no Right but by their grace and favour and assured them also that they might pretend further and 't was easily passed over by the Princes to whom it seemed that it was to secure them from the Molestations which the Popes might give them N. 112. and by adding an Ecclesiastical Title to their own Possession make it more secure But the Event shew'd that to be Poyson which was esteemed Physick For about 1300 Boniface the 8th exercised sharp Contentions with Philip the fair of France that he should yield up the Authority of the Regalia's abovesaid and they proceeded so far that this Kingdom was exposed to great Danger by Excommunications and Interdictions by depriving the King and by granting the Kingdom to Albert the Emperor At first when 't was assented to it was not well thought of to whose account it would turn by the Apostolical granting to preserve that which was the Princes Peculiar For the Popes since pretend they can revoke the Priviledges granted by their Predecessors even without a
also give Authority to whom he thinks fit enabling him in like manner to Concur with the Ordinary or to prevent it as they have since given this Faculty unto Legates with a general Constitution There is nothing more Wonder-worthy in the Consideration of Benefices Election of Ministers belonged to the Faithful than it being as clear as the light at noon day that the Election of Ministers was at first by the Faithful People then it passed unto the Princes after the Christian Faith being received they minded the Affairs of the Church and finally it was reduced unto the Ecclesiastical Order only N. 161. the Seculars being excluded by the Management of Gregory the 7th and his Successors yet there still remained in each Diocess the Election and the Collation of Benefices and of their Offices which since by little and little the Popes of Rome have assumed to themselves by the wayes abovesaid and to be said hereafter Nevertheless the Canonists either out of Animosity or because it is not their Profession to know any thing besides the Decretals have said and do say in our dayes without Respect unto the Notorious Truth which is against it that heretofore the Pope provided all Bishopricks and other Benefices and that he afterwards out of Favour granted the Election to the Chapters and the Collation unto the Bishops it is not to be doubted but one day it ought to be answered in the Articles of our Faith for making a Doctrine to pass into the Church which is so directly contrary to what they caused to be Preached in Former times when Anselmus Bishop of Lucca who wrote three Books against Gilbert the Anti-Pope in favour of the said Gregory the 7th which are still to be found throughout all the second of which by the Authority of the Popes N. 162. of the Holy Fathers of general Councels by the Custom observed from the Apostles time unto his who wrote in the year 1080 Proves that the Election of Bishops by him called Popes belonged to the Clergy and to the People of the same Diocess and that the most Pious Emperors Constantine Constant Valentinianus Theodosius Honorius Carolus Ludovicus and other excellent men for Faith and in Religion never violated such a Custom observed in the Holy Church from the Apostles time and a Constitution of Carolus and Ludovicus Pius being born or Contained in the Chapitolar that Bishops should be elected by the Clergy and by the People of their own Diocess according to the Canons saith that this Constitution is most agreeable to that of the Holy Fathers and no less than if by the Nicene Councel or by any other General Synod it had been Promulgated by the Holy-Ghost through the Mouth of those Emperors where 't is seen that to take the Election out of the Hands of Princes they held for a Tradition that the Contrary of which they are willing now adayes should be Written by the Canonists N. 163. and Believed by us so that of necessity the Canonists must Err or else the Allegations of the Bishop of Lucca have erred And if the Ordination of Bishops in their Diocesses after the manner aforesaid was the Liberty of each one of the Churches as the Fathers and the Councels taught and granted them by our Lord Jesus Christ Let not those talk so disorderly who say the Court hath put all the Churches in Bondage under pretext of defending them their Liberty Seek this time that having spoken in divers Occasions of different wayes of gaining Estates to the Churches I toucht the manner of preserving them which is by Prohibiting all manner of Alienations Alienations a thing Diametrically contrary to that which the Primitive Church observed Wherefore if when 't was Lawful by the Laws of the Prince for the Churches to purchase Estates in Land N. 164. they might retain those which were given or bequeathed 't was therefore in the Bishops Liberty not only to make use of the Incomes but also to sell the very Estates to discharge the necessary Expences in Maintaining the Ministers and the Poor as also to give or bestow according to Exigencies And the Authority of Dispensator granted to the Bishop did not extend to the Fruits only as at present but also unto the Estate it self and to other Chapters which at first was Administred with Sincerity so that there arose no inconveniency thereby and lasted a long time in Poor Churches where the Estates being but small and the Bishops of no great Authority there was no matter or cause of Transgression But in Rich Churches and great ones where the Reputation Emboldened the Bishops to attempt that which would not have been permitted unto all and Abundance gave matter of being able to make use of some part Arbitrarily the Bishops began to exceed the Bounds of Modesty from Dispensing they came to Dissipating against which it was requisite to provide neither the Provision proceeded not from the Clergy-men but from Secular men to whose prejudice it was N. 165. For the Publick Estate of the Church being lessened the Clergy were not suffered to take their Living who were the first but the Poor who remained to the last In the most Principal Churches which were Rome and Constantinople the Provision was also first necessary wherefore Leo the Emperor by a Law of his Anno. 470 Prohibited the Church of Constantinople from every Alienation and in the year 483 Basilius Cecina Praefect us Praetorius of King Odoacre in Rome the See of Simplicius being Vacant by a Decree made in the Church Ordained that the Estate of the Roman Church should not be Alienated which was not found strange by three Succeeding Popes but in the year 502 Odoacre being extinct and all his Power Simmacus the Pope Assembled a Councel of all Italy wherein he proposed as a great Absurdity that a Lay-man should have made Constitutions in the Church N. 166. and by Consent of the Councel declared them Null But lest it should appear that this would tend to disorder a Decree was made in the Councel that the Pope of Rome and the other Ministers of that Church should not be able to Alienate specifying that the Decree should not oblige other Churches but the Roman only The following times shewed there was need of the same Law in all the Churches wherefore Anastasius extended Leo's Law to all the Churches subject to the Patriarch of Constantinople to all which he Prohibited the Power of Alienating But Justinian the Emperor in the year 535 made a Constitution General for all the Eastern Western and African Churches and also for all Pious Places Prohibiting the Power of Alienating excepting only to Feed the Poor in case of extraordinary Famine and to release Prisoners in which Cases Alienation was granted Conformable to the Antient Custom N. 167. of which St. Ambrose makes mention that not only Possessions but also the Vessels were sold for such Causes Justinian's Law in the West
left by Will which indeed was then spent by them in the Maintenance of a great Number of Monks and in Hospitality in Schooling and Education of youth and in other Pious Works The Abbot Tritemius makes account that the Monasteries of Benedict in Monks were to the Number of 15000 N. 32. besides the Prepositures and lesser Convents Prepositure The Monks themselves chose their own Abbot who Governed them Spiritually and Ruled also as well the Goods which came by the Charitable Offerings of the Faithful as of those which proceeded from the Labour and Art of the Monks and in progress of time those also which came from setled Revenues But the Bishops in these dayes which Succeeded the year 500 Ao. 500. being become absolute Dispensators of the fourth part of the Church Goods began also to mind more Temporal Things and to make themselves to be followed in the Cities whereupon Elections were no more used as the End of Divine Service but with Seditious Practices Proceeding oftentimes from Practices to Publick Violences for which cause Princes who until then took but little thought of whom should be Elected unto this Ministery began to bethink themselves of it N. 33. being advertised by the Holy men of those times that God had Committed the Protection of his Church unto them and therefore they ought by the Command of his Divine Ministery to take such care that Ecclesiastical Affairs should be Lawfully Managed The Princes also saw evidently how great Impediments were brought against the Quietness of the State and against the good Government of the Common-wealth by the Private Interests of the Ambitious Clergy and by the Seditious Practices which they used to acquire Ecclesiastical Dignities whereupon partly out of Divine Respect and partly for Human they began to prevent the Clergy and the Laity from providing themselves after their way according to their Affections as well because Affairs being altered and the Bishoprick no more shun'd but coveted they made Parties from whence proceeded Seditions and sometimes popular Slaughters by means of the Concurrents as also because sometimes Factious Persons were chosen for Bishops who held private Intelligence with the Princes Enemies which were never wanting in the Western Confusions N. 34. and sometimes Persons were chosen who having gained a Train of People Attempted some Design to Attribute the Jurisdiction of the Magistrate to themselves and would stir up the People to Defend their Enterprises whereupon the Princes Ordained that no Person Elected should be Consecrated without their Consent or the Magistrates the Prince Reserving to himself the Confirmation of the great Bishopricks as in Italy of Rome Ravenna and of Milan leaving the lesser Bishopricks to the Care of the Ministers But taking more heed to the Substance of the thing than to the Appearance when in a City there was an Eminent Subject known to the People to whom all were enclined ☞ and the Prince satisfied that he pleased the People Occurrenza when an Occurrence came he was Consecrated without more ado Sometimes also there happened through Accident of War or of Plague that one had been Ordained before he had the Confirmation of the Prince N. 35. as happen'd to Pelagius the 2d Predecessor to St. Gregory Rome being Besieged by the Lombards after the Siege was raised he sent Gregory who was then Deacon to make Excuse to the Emperor beseeching him to Confirm what Necessity had Constrained him to do In this manner Popes were Elected and Bishops in Italy until the year 750 Ao. 750. with the Imperial Confirmation but in France and in other places beyond the Alps the Regal or the Princes Authority was herein more absolute for the People totally desisted from the Election when the Prince took it in Hand good men forbore because believing themselves to be well provided with Kings esteemed their Interventions Superfluous evil men because they were not certain of being able to bring their Designs to pass whereupon the Kings gave the Bishopricks to them only throughout the Kingdom In all Gregory Turonensis ' History from Clodovius the first Christian King of France unto the year 590 no Bishop was known to be made but by the Command or by the Consent of the King N. 36. and St. Gregory who was made Pope that year writing to the Kings of France upon different occasions Complains to them that the Bishopricks were not bestowed on sufficient men and prayes them to make choice of good and understanding men He never reprehends the Provision made by the Kings when the Person provided was deserving As for Bishops who were chosen without the Authority of the People it was easie to exclude them also from the Election of Priests Deacons and other Ecclesiastical Ministers reducing the Power of nominating them to the Prince only without the Intervention of the People part of them having withdrawn themselves totally from meddling in Ecclesiastical Congregations to attend their Domestick Affairs others through the Inconveniencies which did arise amongst popular Factions and some others for seeing themselves disrespected by the Bishop grown Potent as well by the Riches he had to spend as by his Dependance on the Prince by whom he was Nominated to or Confirmed in the Bishoprick The Prince sometimes Nominated those that were to be Ordained N. 37. at other times he left the Care wholly to the Bishop chiefly when he was fully Consident which Considence was also Cause that the Prince oftentimes made use of the Bishop either to compose Difficalties amongst the People or to determine Difficult Causes the Respect of Religion being the Cause that they were more believed than the Magistrates whereupon they were more intent upon that than in teaching the Christian Doctrine which at first was given them in Charge Therefore when making of a Bishop was in Question it behooved rather to have Respect unto a wise Wordling than unto one understanding in Matters of Faith which remains still unto this time it being said that excepting the Places bordering on the Insidells it is better making a Bishop of a good Jurisconsult or Lawyer than of a good Divine and truly 't is a reasonable thing if the Principall Office of a Bishop were to judge Causes N. 38. Christ our Lord Ordaining his Apostles said as my Father hath sent me so send I you by which they understood to be sent to Teach If now all be sufficiently instructed and there be no more need of it he may attend somewhat else Heretofore the Principal Care of the Bishop was to Teach and the next to oversee the Government of the Poor so that in the second as well as in the first there was some Relaxation and therefore in making the Division into four parts abovementioned the Administration of the Goods being in the Hands of the Clergy and those were they who divided after their way so that where the Bishop and the Priests were Conscionable men the Division was Justly
given to the Portions of Ecclesiastical Estates or to the Right of Possessing them because they were given by the Prince as Bishopricks or by the Bishop of whose Consent and Concession other Livings are bestow'd and also because Clergy-men are Spiritual Souldiers keeping Guard and exercising a Sacred Warfare The Abbeys beyond the Alps were at last made more ample and more Rich Abbeys by reason the Masters of the Pallace assumed to themselves the Authority of making the Abbot Maestri di Palazzo and that with a reason apparent enough because the Monks then as hath been said were Laymen without any Ecclesiastical Ordination N. 46. It is true they did not alwayes give him to them but sometimes out of favour he granted the Monks leave to choose themselves one But in Italy the Monasteries being not very considerable in wealth Ao. 750. untill the year 750. the Kings of the Goths then the Emperors and the Kings of the Lombards made no great Accompt of them whereupon the Election was left to the Monks with the sole superintendency of the Bishop But the Bishops sometimes being intent to grow great they molested the Monasteries too much wherefore the Abbots and Monks desirous of freeing themselves from that subjection Exemption found a way by having Recourse to the Bishop of Rome that he might take them into his immediate Protection and exempt them from the Authority of the Bishop This was easily consented unto by the Popes making use of them as well to have other persons in Cities immediately depending on them as to amplifie their Power over the Bishops it being very important that a Corporation so Notable as were the Monks who in those times almost wholly attended on Learning N. 47. should depend totally on the See of Rome A Beginning being made of these Exemptions all the Monasteries in a very short time remained united to the See of Rome and separate from their Bishops In France the Bishops made by the King and much more those who were made by the Masters of the Pallace the Kings Authority being lessened betook themselves all to Temporal things which the Abbots did likewise who furnished the King with Souldiers and went to the Wars in Person not as Religious men to perform the Offices of Christs Ministers but Armed and fighting also with their own hands for which cause they were not content with the fourth part of the Goods but drew all to themselves Whereupon the poor Priests who Administred the Word of God and the Sacraments to the People in Churches remained without a livelyhood wherefore the People out of their Devotion Contributed unto them part of their own Estates which being done in some places more liberally N. 48. and in others more sparingly Querimonies or Complaints arose about it sometimes because when 't was often treated how much that should be which was to be given to the Vicars or Curates it went for a Common Opinion to be convenient after the Example of Gods Law in the old Testament to give the Tenth Tythes which being Commanded that people by God it was an easie thing to represent it under the Gospel of Christ as due also though indeed nothing else be said of it by our Lord and by St. Paul but that necessary maintenance is due from the People to the Minister and that the Minister or the Labourer is worthy of his hire and he that serves at the Altar ought to live by the Altar without prescribing any determinate quantity because that in some Cases the Tythe would be but little and in other Cases the hundreth part would suffice But because this is a clear thing and that hereafter we have need of handling it more diffusedly I 'le say no more now but that in those dayes and for an Age afterwards N. 49. the Sermons which were made in Churches excepting the Matters of Faith tended to nothing else but to Proofs and Exhortations to pay Tythes a thing which the Curates were forc'd to do both for need and for utility or profit and in the Amplifying as it behooved like an Orator they went often so far that they seemed to place all Christian Perfection in paying of Tythes of which not well Content and the Praedials not seeming sufficient for them they began to hold the Personals also for necessary that is what a man gains by his Labour and Industry of Hunting of all Arts and Handicrafts and also of the Military pay Of these Sermons many being found without the Authors Name some through Error or on purpose were attributed to St. Augustin and to other Antient writers But besides that the Stile shews they were made about the year 800. Histories are clear that neither in Africa nor in the East they never paid Tythes and that their Beginning N. 50. sprung up in France as hath been said I 'le pass unto Italy No man ordained without a Title where for several hundreds of years no man was ever Ordained to whom there was not appointed both his proper and special Office and Charge unless that some man famous in Doctrine or in Holyness who to attend on his Sacred Studies refused to be applyed to any particular Cure the Priest was Ordeined without giving him any proper Parish on which he might attend St. Hierolamo was Ordained Priest of Antioch and St. Paulinus at Barcelona and this occasion eccepted Olim no distinction between Ordination and Benefice Antiquity knew of no Distinction between Ordination and Benefice and Ordaining was then the same thing as to give an Office and the Right of having ones Livelyhood from the Common Goods of the Church But afterwards that in the Confusions which Wars had caused in States many worthy and good Clergy-men were driven from their Ministry they recover'd or had Recourse to some other Church where they were received and maintained as their own Clerks at the Common Charges N. 51. and sometimes some Minister of that Church happening to fail by Death or otherwise his Office was appointed him to be Minister therein and that Clerk was then said to be Incardinated whereas he who had first been exalted to an Office Cardinals Incardinato Cardinato was said to be Ordinated or Ordain'd thereunto but who being dispossessed of his own and provided with another was called Incardinated This manner began in Italy before the 600th year of Christs Birth when through the Incursions of the Lumbards many Bishops and other Clergy-men were driven from their Charges for which cause when such like Offices were vacant in other Churches they were Incardinated therein and the Bishops were call'd Episcopi Cardinales and the Priests Presbiteri Cardinales Those who were driven out from their own places having Recourse to the Churches of Rome and Ravenua which were the Chiefest and Richest in Offices and Ministeries N. 52. those Churches I say as most Rich and most abounding received most of those Strangers and therefore they had more Cardinals
his Annals with all opportunity and importunity is this that it was with an Impious and a Tyrannical Vsurpation of those Princes and People to intermeddle in the Election of Bishops and chiefly of the Pope not considering that the best Popes have been provided by Princes and that alwayes when Clergy-men only have made the Election infinite disorders have sprung up But that which imports more is that Popes of a most holy Life and Emperors of perpetual memory have commended that Practise and judged it necessary neither can it be now blamed without slandering two Dozen of holy Popes and particularly St. Gregory N. 127. and the Antient Doctrines of the Councils and of the holy Fathers If at first the Mistery had been discovered whereto would have tended this taking away the Investitures from Princes the Clergy would not have been perswaded unto Novelty but they believed their own Interest and liberty were concerned wherefore the Practice began of bestowing Benefices in manner abovesaid every one in his Diocess some by the Election of the Chapters some by Collation or setling of the Bishop and likewise the Pope bestowed those in the Diocess of Rome and medled not with giving Benefices out of his Diocess unless sometimes in one case only that is when any Prelate being gone to Rome either for Devotion or for Business dyed there and in his company there hapned to be some noted Person of the same Nation the Pope immediately Created him in the place of the Deceased and sent him back writing to the Diocess or to the Monastery Lamenting the death of the Deceased and consolating them with the substitution of the Person he had sent them This thing was easily consented unto as well because it hapned but rarely or seldom N. 128. as because it appeared to be the Popes favour also there being no cause of refusing a Person deserving and of the same Country but when the news of the death came to the Place if the Pope had made no Provision already in manner aforesaid they stay'd no longer but provided of themselves according to Custom In nothing else did the Pope meddle with Ecclesiastical Causes out of the Diocess of Rome The Pope of Rome nevertheless was very deserving from all the Clerical order seeing that so many Popes with so much Toyl and Labour together with so much Blood-shed had gained them that Power and Dominion over Benefices and excluded the Princes who from antient times and the People who from the beginning had Possession of that Right wherefore he was held in great esteem by the Bishops who sought to gratifie him all the wayes they could which put the Popes in mind of dealing with the Bishops after that manner as the Emperors were wont N. 129. which was to recommend one to them to be provided with a convenient Benefice At first these Requests seemed very strange to the Princes they opening a door by which Strangers or Outlandish men got an Inlet to be Beneficyed in their Kingdoms and yet they were favourably accepted and answered by the Bishops with gratification who only were intent on the Excluding of Princes never thought that another by depriving them could assume to himself the settlement of Benefices But shortly after through the Profitableness which the Court received from those who made Presents to obtain the Popes favour and for the Charges of Bulls they began to multiply the desires and the Recommendations of the Pope in such a manner that the Bishops became deprived of almost all Collations Whereupon they were sometimes forced to pass without complying with them the Popes found a Remedy for this by adding Commands unto his Requests which were obeyed at first N. 130. but for being too frequent it constrained the Bishops to transgress the Command and without Respect thereunto or to the Censures therein Contained they made Collations in regard to themselves and to their Churches and it behoov'd the Pope afterwards to be content for a thing done and to pardon them seeing there was no other Remedy The course whereby Benefices were obtained in Rome would have been easily stopt but there was a Remedy invented for it at Court for besides the desires and commands they added an Executor who if the Bishop would not confer the Benefice he was to confer it and to punish the Bishop besides for Disobedience However they used that Method but sparingly and when the Bishop had been stubborn But at last for a quicker dispatch they came to yield to Prayers to the Mandate and to Execution altogether Wherefore the Churches and the Bishops felt themselves much aggrieved N. 131. and the Princes and the Nations complained not only for being deprived of their Faculties but also because by that means the Benefices which by a most antient custom were bestowed on the Natives fell all unto strangers who were at the Court of Rome whereupon oftentimes those were made Bishops and Curates who understood not the Peoples Language which they were not apt to learn by reason of the great Difference as many Italians who were Beneficed in England and the disorder grew so great that he chiefly the Curate who understood not the Language of the People was forbidden by the Pope of Rome from having any Benefice reserving to himself the Power of Dispensing Power of Dispensing which did not remove the disorder but only encreased the Charges of the Solliciters or Entreaters and the Profits of the Court they not sticking to give the Reversions unto strangers granting them afterwards a Brief of Dispensation But although such ample Authority which the Court of Rome had assumed to it self was displeasing to men of good zeal yet it was most grateful to a great number of Clergy-men and other Persons desirous of Benefices N. 132. who were subject to Canonical Impediments which rendred them uncapable This sort of Persons no Bishop durst to promote as retaining the due Reverence to the Canons Nevertheless that which no man would do the Pope did easily dispensing against Canons and Ecclesiastical constitutions introducing the saying de Plenitudine Potestatis and the little clause non obstantibus a thing unknown and not heard of in so many Ages which is now put into every Beneficial Bull yea the Popes themselves in the distribution of the Benefices of the Roman Church in good time or times of Prosperity made Profession of being greater observers of the Canons than any other Bishops and one of the glories of the holy Popes as may be seen in St. Leo and his Successors was the punctual observance of the Canons first by themselves then by others neither ought it to be said that these were of less authority N. 133. but certain it is they were of greater goodness and knowledge and they durst not do otherwise than what was permitted unto others whereas afterwards every thing was done at Rome which others durst not do elsewhere St. Barnard who lived in the first times of
of Benefices some of which required Residency and others simply which obliged not thereunto wherefore the Doctors declared the Progress that de Jare all are obliged unto Residency not being able to say otherwise without perverting Antiquity but through custom they say single Benefices Excepted It was a most common saying Beneficium datur propter Officium wherefore these being disobliged from Residency having no Office it seemed that the single Benefice remained as a vain thing in the Church For which they found a remedy by an Equivocation The Canonical hours which at first were Celebrated in the Church by all the Fraternity and afterwards some made it Lawful for themselves to say them privately about the year 800 they acquired the name of Officium divinum N. 141. which being Celebrated by all either in common or in private the truth of the Proposition was saved Beneficium datur propter Officium that is to say for repeating the divine Office not for serving the faithful People residing in the Churches and exercising the charge as formerly and this is that Officium answerable unto Beneficium Therefore the Conscience of many Beneficed men being secured by this means that they might be absent from the Church of the Benefice it seemed also necessary to find out a way that when it had been needful to cause any one of those to remain at Court who was obliged to Residency it might be done without derogating from the Laws Whereupon Honorius the 3d about the year 1220 declared that he who was in the Popes Service should not be obliged to reside nothing else remained but to find a way how they might take away Residency from some Rich Benefice under Cure which failed not N. 142. for it being an ordinary thing for the Parson of the Parish at times when he is Lawfully hindred to appoint a Vicar to serve for him allowing him a convenient Stipend so it is found that they might but with the Popes Authority Create a perpetual Vicar appointing him a sufficient Portion and leaving the remainder to the Rector obliging that Vicar unto Residency although the Rector draws the greatest part of the Income and remains free himself whose share becomes as a single Benefice and that of the Vicar remains for the Curates Provision And as it was unknown to the Antient Church that any Benefice was given but for the Office sake and therefore every one is obliged to execute his Office Personally so there was never one man deputed unto two Charges or Offices not only for being impossible when they are to be exercised in different places but also because those holy men accounted it no small matter to perform one well and there are many Canons to which ancient Institutions are referr'd that one cannot be Ordained to two Titles nor serve in two Churches N. 143. In those times when Benefices were distinguished into such as have Residency and such as have not Consequently 't is come to be said Benefices with Residency and without that of those where it is not necessary to serve in ones own Person a man may have more than one and there arose a distinction of Compatible Benefices Patible and Incompatible and of Incompatible Benefices those which require Residency are Incompatible amongst themselves a man being not able to divide himself into different places but these with others and they amongst themselves are Compatible seeing it is not necessary to serve Personally However in the Beginning they proceeded in this matter with great Respect and went no further than to say only when a Benefice was not sufficient for the Clerks Living he might have another Incompatible but they never durst go on to the third much less unto the second if the first had been sufficient The Authority was never extended farther unto the Bishop N. 144. but 't was added to the Pope that he might have Authority to grant more than two if both were not sufficient for a Living and this sufficiency for living is cut out very largely by the Canonists for they say that a meer Priests Living comprehends not only the Maintenance of the Person Beneficed but for his Family for his Kindred for three Servants and for one Horse and also to receive strangers But when the Beneficyed was Noble or Learned so much more besides that as might equalize his Nobility and that which they say for Bishops is wonderful and for Cardinals let the Common saying of the Court suffice Aequiparantur Regibus Equal to Kings But all this proceeding with the ordinary terms that through dispensation every Canonist holds that the Pope may grant to one to hold what number of Benefices he pleaseth and de facto Dispensations of the plurality of Benefices went on so far N. 145. that John the 22d about the year 1320 revoked them all restraining the Dispensations unto two Benefices only which being done with reserving to himself the disposing of others as shall be declared in speaking of reserves 't was not then believed he had done it to take away the Abuse but for gain chiefly because that Pope was a subtil inventor of wayes to encrease the Treasury and time gave Testimony thereof for it returned not only to its Pristine Plurality but also unto greater and as far as our times we have seen and do see Dispensations without measure All the Canonists and the Casuists agree that such Dispenses ought still to be given for a Lawful Cause and that the Pope sins if he grants them without it But if that which is of value in the Dispensation granted without Lawful Cause be excused they do not agree Others say that it excuseth before God and before men others that it serves to avoid the Penalty of the Canonical Laws and that in Conscience and before God it avails not This opinion is followed by the most Godly men N. 146. the first is most grateful to the Court who is not pleased to have any Law imposed which may regulate the Popes Authority chiefly in Beneficial matters because some of them hold also though with great contention of others that the Pope can also grant many cured Benefices through Dispensation however they have not made use of that opinion seeing they have found out other wayes to bestow many cured Benefices with Colour and Pretext which should appear but one Union and Commendation and these Inventions took beginning in the times above-said One of these wayes is Vnion the other Commendation of which it will behoove us to speak anon 'T was a most Antient thing that when a People by Accidents of War of Plague or by Inundation was reduced to such a small number that it could not support the Charges for the Maintenance of a Minister the Bishop gave the Cure of that People unto the Neighbouring Parish and together with that applyed the small Incomes and this was called Vniting of two Parishes N. 147. In like manner when Cities were diminished
were gone to Rome for Beneficyal Causes Three years after the Pragmatica was restored by the same King Sixtus the 4th then opposed him and made an Agreement to destroy it which is still to be found but they would not receive it and the Pragmatica remained Innocent the 8th Alexander the 6th and Julius the 2d used all means to Abolish it but could never Obtain it Finally Leo the 10th made an Agreement with King Francis the First And taken away again by which the Pragmatica was taken away and 't was Ordered that the Power of Choosing Bishops and Abbots should be quite taken away from the Chapters of Cathedral Churches and from the Conventuals but Bishopricks and Abbeys becoming Vacant the King might name a fit Person on whom the Pope was to Confer the Benefice That the Pope of Rome could not give Reversions nor make general or special Reservations but that Benefices becoming Vacant in four Months of the year should be Conferr'd by the Ordinaries on the Graduates of the Vniversities N. 208. and the Vacants in the other eight Months might be freely Conferr'd by the said Ordinaries only that every Pope in his life time may Charge any Collator of Benefices to Confer one according to the disposal of his Holyness in case there are to be Conferr'd between Ten and Fifty and if there be above Fifty or more he may Confer two and although there were many Difficulties in Accepting the Agreement and the University appealed to the next Lawful Councel nevertheless the Authority and the Vtility of King Francis overcame and the Agreement was Proclaimed in France and put in Execution In such manner that after so many Popes from the year 1076 unto 1150 strove by the Excommunicating an infinite number of Persons and by the Death of Innumerable more to take from Princes the Conferring of Bishopricks and giving the Election to the Chapters contrary-wise Pius the 2d with five of his Successors have striven to take the Election from the Chapters of France and give it to the King and Leo the 10th did obtain it at last N. 209. Thus the Alteration of Interests bear along with it the Change and Contrariety of Doctrine Some Speculative men have accounted the Reason of this to be because the Example that the Bishop and the Clergy might Confer may keep alive the Practice and the most general Doctrine of the Church Contrary to the Modern others because it is still more easie to take it out of the hands of a King who may be of a weak Spirit or may stand in need of the Pope than from the Bishops and Clergy King Francis made many Laws besides to regulate the Possessory of Benefices and the Agreement was observed by him but the Execution was interrupted for some years by his Son Henry the 2d when he was in War with Pope Julius the 3d because of Parma wherefore in the year 1550 the King Prohibited that any Provision of the Popes Benefices should be received and Commanded that all should be conferr'd by the Ordinaries but Peace being made all was Composed and the Observance of the Agreement returned But in the year 1560 the States were held at Orleans in Charles the 9th's Minority where the Collations of Benefices were regulated N. 210. and many things abolished which were Contained in the Agreement Great Confusions and Wars happened in the Kingdom and the Cardinal of Ferrara was sent Legate into France who Obtained that the Ordinances of Orleans should be superseded with a Promise that the Pope within a short time should provide against the Abuses for which the Ordinances were made of which nothing was done afterwards so that now the Concordate remains Thus went the Affairs in Germany and in France But the State of Italy which we have lately described was greatly altered by the Celebration of the Councel of Trent which made several Decrees on this Matter to provide against the Abuses abovesaid then reigning and although from its beginning which was in the year 1547 it began to attend these Corrections and made many Decrees which were not put in Execution until after the end of it which was Anno. 1563 wherefore it may be said that all the Provisions are to be referr'd unto this time N. 211. 'T was the Intent of this Councel to remedy three things First the Plurality of Benefices Secondly 1 Pluralities 2 Hereditary Succession 3 Absence Hereditary Succession Thirdly the Absence of Beneficiated men and to Prohibit all kind of Plurality 't was Ordained that one although he were a Cardinal could not have more than one Benefice but if that were so small that it might not serve or be sufficient for the Expences of the Beneficyed he might have one more which was therefore to be without Cure of Souls It Prohibited the Commendum's of Benefices Curati ad Vitam which was a Pretence to make a man Obtain two it Ordained also that Monasteries for the future should not be Commended and those that were so till then when they became Vacant should be reduced into a Title It Prohibited also the Vnions ad Vitam which was another pretext of giving divers Benefices under the name of one It Prohibited totally the Regresses and the Accesses to take away Succession It Prohibited also the Coadjutorships with future Succession absolutely excepting in Cathedrals and Monasteries wherein was Admonished N. 212. that they should not be granted by the Pope but for just Causes but the Prohibition is without Effect In the 14 last moneths Residency was treated with some Contention Residency because there was sprung up a Question among the Doctors a little before whether the Residency of Bishops and of other Curates in their Churches were de Jure Divino or Canonick for which cause the Councel was divided in such a manner that in April Anno 1562. a Scrutiny being made of the number of both Parties there 67 found whose Opinion 't was de Jure Divino 33 who opinion'd it to be de Jure Positivo and 30 who were of Opinion that this Point ought not to be decided without first treating with the Pope Of the first number were the Northern men and other cast-off Bishops on the Second and the third the Dependents on the Court. If Residency should have been made de Jure Divino it would follow that the Pope could not have been able to dispence it but that the Authority of the Bishop also would have been de Jure Divino and no man was able to restrain it N. 213. these were things which Squinted at the Depression of the Courts Greatness wherefore the Opinion was Maintained by both Parties with much boldness The Business came to Practices so that after fourteen months Residency was Commanded yet not declared quo Jure the Curate should be Obliged only Penalties were enjoyned upon non-Residents as to other things they were left in their first Estate or Condition but those who were at