Selected quad for the lemma: authority_n
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A46798
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A letter concerning the Council of Trent
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Jenks, Sylvester, 1656?-1714.; N. N.
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1686
(1686)
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Wing J630C; ESTC R217051
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46,244
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121
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had none from the Council appears not only by his silence but by Soave's History pages 298. 307. which I shall cite in the following Objection That the Safe-conduct which he had from the Emperour was never intended to hinder the Council's proceeding against him according to the Canons is manifest not only by what has been already said but by the Emperour's Letters of Publick Faith dated from Spire Octob. 18. 1414. extant in Goldastus his Appendix Documentorum ad Commentarios de Regni Bohemiae Juribus Privilegiis p. 81. We heartily recommend to all every one of you the honourable Master John Huss Batchelor of Divinity Master of Arts the Bearer of These whom We have taken into Our protection Safeguard of the Holy Empire passing from the Kingdom of Bohemia to the General Council which is shortly to be held in the City of Constance Desiring you to receive him kindly treat him favourably whensoever he shall come unto you and that you will ought to shew your readiness in promoting what belongs to his speed safety either by Land or Water permitting also him his servants his horses all things else beionging to him freely without any hindrance to passe to stop to stay to return by any passages ports bridges lands dominions jurisdictions cities towns castles villages whatsoever places of yours without any expence of tribute toll or any other payment And that you will ought for the honour respect of our Majesty to provide Secure Safe conduct for him his when occasion shall ' require All this the Emperour commanded as much as lay in Him And in all this his subjects obeyd as much as lay in them He had no Authority over the Council in matters of Religion Nor do I find the least syllable of any promise made by the Emperour to him that the Council should not proceed against him according to Law He came upon his good behaviour and in his own defence confiding in his own prudence and abilities as well as in the Emperour's Letters in which there is no sign of these two promises 1. that he should not be imprison'd if by any misdemeanour he deserv'd it 2. that he should nor be executed if legally condemn'd Both these promises were plainly included in the Extraordinary Safe-conduct which the Tridentine Council granted to the Protestants And therefore as I told you in the beginning The Case was quite different Read Soave and if you believe him you 'l begin to be asham'd of your objection * p. 348 Conc. Trid Sess 15. 18. The Synod doth make Faith to all Priests Princes Persons of what condition soever ... Safe conduct to come remain PROPOSE speak IN THE SYNOD to HANDLE EXAMINE WHAT THEY THINK FIT. give Articles confirm them ANSWER the OBJECTIONS of the Council DISPUTE with those whom it doth elect declaring that the CONTROVERSIES in this Council shall be handled according to the HOLY SCRIPTURE Traditions of the APOSTLES approv'd COUNCILS Consent of the CATHOLICK CHURCH Authority of the Holy FATHERS adding that they SHALL NOT BE PUNISH'D upon PRETENCE OF RELIGION or OFFENCES COMITTED or which WILL BE COMMITTED ... and shall RETURN when it shall seem good unto them WITHOUT LET with SAFETY OF THEIR ROBE HONOUR PERSONS but with the knowledg of the Deputies of the Synod that provision may be made for their Security granting that in this Safe-coduct ALL those CLAUSES be held to be included which are NECESSARY FOR REAL FULL ASSURANCE Adding that if any of the Protestants either in coming or in Trent or in returning SHALL COMMIT ANY ENORMITY which shall NULLIFIE THE BENEFIT OF THIS PUBLICK FAITH he shall be PUNISH'D BY THEIR OWN Protestant JUDGES so that the Synod may be satisfied and on the other side if any Catholick in coming hither remaining here or returning SHALL COMMIT ANY THING which may VIOLATE THIS SAFE CONDUCT he shall be punish'd by the Synod WITH APPROBATION OF THE GERMAN Protestant 's THEMSELVES who shall be present in Trent .... which things it promiseth faithfully in the name of all faithfull Christians Ecclesiastical Secular If Huss Jerome had come to Constance with such a Safe-conduct they had neither been imprison'd nor executed With such a one as this the Bohemians went afterwards to Basil were civilly used return'd quietly home With this the Wittenberg Protestants went to Trent remain'd quiet there return'd without receiving any affront That no more of the Protestants follow'd their example in going thither was their own fault They knew very well they might have gone remain'd return'd securely if they pleas'd Confider all this at leisure and then tell me if you can what 's become of your Excuse XI The Councils of Constance Sienna had declared it lawfull to break the faith of any Safe-conduct whatsoever A. Read the Decrees you 'l plainly see the contrary The Council of Constance dos not say 't is lawfull for any whosoever they are to violate the faith of their promises but only declares that no Secular Power can legally hinder the exercise of Ecclesiustical Jurisdiction because it is not only independent of it but manifestly superior to it in matters of Religion T is a common Maxim of the Law Superior legibus aut pactis Inferioris non ligatur And in all appearance the design of the Council was to satisfie the World that although the Emperour had pretended to grant an Extraordinary Safe-conduct such as exempts a man from Justice as well as Violence it could nor have hindred the supreme Power of Pope Council from proceeding according to the Canons in Causes which are purely of Religion This was the reason why the Protestants would not rely upon the Emperour 's Safe-conduct Nor can I blame them for it See Soave p. 298. Duke Maurice wrote to the Emperour that his Safe-conduct was not sufficient For in the Council of Constance it was determin'd that THEY MIGHT PROCEED AGAINST THOSE THAT CAME TO THE COUNCIL THOUGH THEY HAD SAFE-CONDUCT FROM THE EMPEROUR And that therefore the Bohemians would not go Basil but under the Publick Faith of the whole Council See p. 307. The Ambassadors went all together to the Presidents told them that the Emperour had given the Protestants a Safe-conduct but that they were not contented with it alledging that it was decreed in the Council of Constance and really executed that THE COUNCIL IS NOT bound BY THE SAFE-CONDUCT OF ANY WHOSOEVER HE BE therefore they required one from the Synod These Protestants you see understood the Council in the same sense as I do How come you to understand it otherwise Let the Decree speak for it self judge case betwixt us It runs thus Presens Sancta Synodus ex QUOVIS SALVO CONDUCTU per Imperatorem Reges alios Seculi Principes HAERETICIS vel de Haeresi diffamatis putantes eosdem sic a suis erroribus
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 Archbishop 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. 1. Their Errors had been condemn'd in former General Councils and since it really was so Why might not the Pope say so 2. Because the Pope had condemn'd them therefore they * See Soave 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 Immediately 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 refusing 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. Chilling worth confesses that in controversies of Religion it is in a manner impossible to