Vicechancelours Notaries Registers and Executours their servants and others which have any thing to doe in what sort or manner soever with capitall or criminall causes against Ecclesiasticall persons in banishing or arresting them passing or pronouncing sentence against them and putting them in execution even vnder pretence of any priviledges granted by the See Apostolique upon what causes and in whattenor and forme soever to Kings Dukes Princesâ— Republiques Monarchies Cities and other Potentates by what name and title soever they be called which we will not have to be usefull for them in any thing repealing them all from henceforth and declaring them to bee nullities See here all the Iudges Royall both superiour and inferiour utterly despoyled of the cognizance of criminall causes 8 The twelfth Article speaks on this sort Wee excommunicate all and every the Chancelours Vicechancelours Counsellours ordinariâ— and extraordinarie of all Kings and Princes the Presidents of Chanceries Counsels and Parliaments as also the Atturneyes generall of them and other Secular Princes thogh they be in dignitie Imperiall Royall Duâ—all or any other by what name soever it be called and other Iudges as well ordinarie as by delegation as also the Archbishops Bishops Abbats Commendatories Vicars and Officials who by themselves or by any other under pretence of Exemptions letters of grace or other Apostolicall letters doe summon before them our Auditours Commissaries and other Ecclesiasticall Iudges with the causes concerning benefices tithes and other spirituall matters or such as are annexed to them and hinder the course of them by any lay authoritie and interpose themselves to take cognizance of them in the qualitie of Iudges 9 This is not all for in the following Article hee goes yet further striking a heavie blow at the Ordinances of our Kings Those also which under pretence of their Office or at the instance of any man whatsoever draw before them to their bench Audience Chancerie Counsell or Parliament Ecclesiasticall persons Chapters Covents and Colledges of all Churches or cause them to bee brought in question before them or procure them directly or indirectly under what colour soever beyond the appointment of the Canon law Those also which ordaine and set forth Statutes Ordinances Constitutions Pragmatiques or other Decrees whatsoever in generall or in speciall for any cause or colour whatsoever even under pretence of Apostolicall letters not now in practise or repeâ—â—ed or of any custome or priviledge or any other manner whatsoever or that make use of them when they are made and ordained when by them the Ecclesiasticall libertie is abolished impaired depressed or restrained in any manner whatsoever or who do any prejudice to our lawes and those of our See directly or indirectly implicitely or explicitely 10 See yet another which followes after this Those likewise which doe any way hinder the Archbishops Bishops and other Prelats superiour and inferiour and all other ordinarie Ecclesiasticall Iudges in the exercise of their Ecclesiasticall jurisdiction against any person according as the Canons the sacred Constitutions of the Church the Decretals of generall Councels and principally that of Trent doe ordaine There is further in the same Bull some excommunications against those which appeal from the Popes sentence to Generall Councels Against those that hinder Clergy or Lay men from going to plead at Rome which is a remarkable thing Against Kings and Princes which make the fruits of Ecclesiasticall livings bee sequestred upon any occasion whatsoever which concernes the right of the Crowne Against those which impose any tenths subsidies or other taxes 11 All this is leveld against the rights of the King and the liberties of the Gallican Church I aske now seeing our Popes take upon them to excommunicate our Kings which make ordinances concerning such matters their Officers and Magistrates and all others which practise them whether they will make any conscience of putting forthwith such lawes and ordinances into their Index expurgatorius Let a man goe about to put all the distinctions which hee can devise to save our liberties upon this Councell will not it bee lawfull for the Pope when he shall please to derogate from them to come in with a non obstante Doth not hee in the fore-mentioned Bull repeall all the priviledges granted by the See Apostolique His successours shall not they have the same power that hee hath 12 The other piece which wee promiseâ— shall bee taken out of the privie Counsell which was holden at Rome almost at the same time when the former Bull was sent which was found in the Advocat Davids trunk where it is said That the successours of Hugh Capet to undoe the Church brought in that damnable errour which the French men call the Liberties of the Gallican Church which is nothing else but a refuge for the Waldenses Albigenses poore of Lyons Lutherans and Calvinists at this present And in another Article it is said That all Edicts made within the Kingdome of what standing soever if they bee repugnant to Councels shall be cassed repealed and disanull'd As much as to say al the Edicts concerning the rights of our Kings the good of the Kingdome and the liberties of the Gallican Church which are all abolished and brought to nothing by the Councel of Trent A REVIEW OF THE COVNCELL OF TRENT BOOKE VII CHAP. I. That the Councell of Trent tends to the depression and abasing of the authority of Christian Princes 1 THis redoubted greatnesse to which the Pope is exalted by this Councell doth diminish as much not onely the power of Councels and Clergie-men but also that of Christian Princes These are their spoiles their Scepters their Crownes their justice their soveraigne authoritie their honours and preheminences all this is violently pull'd from them and transferr'd upon another lord In the first place they are depriv'd outright of that power which they have over Ecclesiasticall things and persons due unto them both by divine and humane law The calling of Councels is taken from them the presidence in them the approbation and authorizing of the determinations made in them the nomination election or investiture to the Bishopriques within their Empires and Dominions justice civill and criminall upon the goods and persons and discipline Ecclesiasticall and many other such like things It tacitely approves yea in many things expressely the unmeasured power and dominion which the Popes have usurped upon Kingdomes and Empires upon the election and deposition of Kings and Princes and upon all that belongs unto their state It disanuls their lawes and ordinances and on the contrarie establisheth those of the Popes and condemns all those that have defended their rights All this is handled in the former bookes and it would be impertinent to use repetitions And therefore we send the reader backe thither We will here adde that which remaines to be spoke of that subject 2 They are further grieved inasmuch as the Councell takes upon it more than belongs unto it in point
those as answere these to whose graver judgements hee submits both himselfe and these his weake endeavours in a modest confidence of their candid interpretation AN ADVERTISEMENT to the READER prefixed before the FRENCH Copie THis Booke is not for those that have made separation in point of Religion but for such good Catholiques as desire to see an holy reformation of it Here you shall finde the demands that were put up to that end at the Councell of Trent by the Emperour the King of France and other Catholique Princes not Protestants and the small regard that was had of satisfying them Here you shall read the tricks that were used both in this and some precedent Councels to wave that reformation which was so earnestly sought after and withall you shall understand a good many of the points wherein it consisteth The method which the Authour hath used may bee set downe in few words Hee makes two kinds of nullities one in the forme and manner of proceeding which he delivers in the first Book the other in the matter And these later consist either in denyal of justice which is handled in the second Book Or in the injustice of the Decrees themselves concerning which he sets downe two maxims The first that they advance the Pope to an unlawfull power stripping Councels Clergy yea Kings and Princes of that authoritie which belongs unto them to transferre it upon the Pope and this is proved in the third fourth fifth and sixt Books The second that they pull downe the honour and authoritie of Christian Princes and Secular powers which is treated of in the last Book See here the subject wherein many learned men both Devines and Lawyers have travailed long agoe before the names of Luther and Calvin and such as embrace their doctrine were ever heard of which doctrine is not here defended nor shall you find any thing that concernes them in particular The ancient liberties of the Church are represented here in divers passages the very same with those that carry now the name of the Gallicane Church whither they made their retreat when they were chased out every where else yet not without danger of being lost and that not in part but in whole by a blow from Trent VVhich would plunge us again into those miseries wherof our Ancestors begun to bee sensible long agoe which they have left unto us by tale upon record in the ancient Histories and Edicts of our Kings the Rolles of the States General the Remonstrances of the Courts of Parliament and many other ancient Monuments Nor doth it lesse concerne the interest of our Soveraigne Lord the King whose honour and dignitie are shamefully disgraced his authoritie vilified his power rebated with a generall prejudice to all the French who in particular are egregiously wronged in divers things as may be fully knowne from this discourse You must further observe that the Authour was not willing to meddle with what properly concernes divinitie as unwilling to transgresse the bounds of his profession or speake any thing upon this occasion of those demands which were made by Catholique Princes in this Councell touching the reformation of abuses about Images Pilgrimages Reliques of Saints keeping of Holy dayes convenience of the marriage of Priests Communion in both kinds celebration of divine service in a vulgar tongue and such like contenting himselfe with a bare mention of those demands and no more A SVMMARY OF The Chapters BOOKE I. Chap. I. Pag. 1. 1 THe many abuses of the Pope and Court of Rome The occasion of calling this Councell How the Popes sought meanes to decline it How politiquely they carried themselves in it in the election of thâ— place admittance of persons and passing of Decrees The great account they make of it 2 No noâ—â—lâ—y 〈◊〉 oppose the Pope or a Councell Ancient bickerings of Popes with the Emperours of Germany With the Kings of England 3. c. With the Kings of France 8 Where the Kings were assisted by the Parliaments Vniversities Devines Lawyers Prelates and other Clergie both severall and in Councell 9 10 Councels against Popes 13 Harsh letters to Pope Nicholas 14 15 Councels suborn'd by Popes against Princes 16 The Councell of Ferrara or Florence not admitted at all in France 17 That of Basil but in part That of Lateran totally rejected The Councell of Trent more usurping than any than all these Chap. II. p. 12. 1 SEverall instances made to the Kings of France for the receiving of this Councell but still rejected As to Charles the ninth by the Pope the Emperours and other Princes 2 His answer to their demand 4,5 Instances made to Henry the third by the Clergie of France With severall Orations to that purpose 9 His answer to the King of Navar. 13 Hee further importun'd by Provinciall Councels 15 All these instances made by the Popes iâ—stigation 16,17 Who use to serve themselves of the Clergie against Princes 19 The rejection of this Councell never objected to this King by his accusers 20 Some things ordain'd consonant some things contrary to this Councell Chap. III. p. 20. 1 THe Pope was a party and therefore could not call the Councell nor be judge in his owne cause 2 According to his owne Canon law Besides there were severall Appeales from him put up by Luther the Archbishop of Cullen the Vnivositie of Paris the Protestants of Germany and therefore he was disenabled from being Iudge of the Appeale Chap. IV. p. 21. 1 THat the Pope stood in need of reformation and therefore incapable of being Iudge 2 Confessed by Pope Adrian 3 By the Councels of Constancâ— 4 Basil and Pisa. Yet nothing reform'd Chap. V. p. 23. 1 PRotestants were condemned before they were called to the Councell and may therefore justly refuse it 3 The Pope knownly hated them therefore they needed not obey his summons 6,7 An enemie should not be a Iudge Chap. VI. p. 25. 1 WArres on foot in the time of the Councell 2 Complain'd of by the Protestants 3 Confest by the Popes 4 Approved by the Councell 5 As the Parman warre 7 And civill warres of France 10 Whereby many were hindred from going to the Councell 11 And therefore ought not to be prejudiced by their absence 12,13 The Councell question'd whether continued or ended Chap. VII p. 30. 1 DEmands that the Councell might be kept in some free place made by the Germans 5 By the King of England 6 By the King of France 7 As formerly by the Pisan Fathers 8 Their Apologie 10 Trent no free place but subject to the Pope 11 Letters of safe conduct no good security 12 Of what consequence the place hath beene anciently reputed 13 By Pope Iohn the 23. 14 Summons to a place not safe are invalid 15 And have beâ—ne so judg'd by Popes 17 And Canonists 18 Where the place of judgement is not safe there may be an Appeale Chap. VIII p. 36. 1 ALL were not called to this Councell that should have beene 2 Noâ—
answered at large 20 22 The Presidents in the fifth 23 And sixt General Councels appointed by Emperours 24 25 Not by the Pope 31 Emperours not bare spectators in Councels nor mere executioners of their Decrees 32 As the Councel of Trent makes them Chap. XII p. 182. 1 THat the Pope hath no concurrent right to preside in Councels with the Emperours 2 Bellarmines reasons to prove the Popes Presidence in the Councel of Nice answer'd 3 Whether Hosius were President there 4 That the Pope presided not in the second Generall Councell 6 Nor in the third 7 In what nature Cyril of Alexandria presided there 8 Nor fourth 9 Nor could he have presided in the fift if he would What is meant by Prince in a Councel 10 The Popes carriage concludes his pretended presidence 11 The Pope no President in the sixt Councel 12 The seventh eighth uncertaine 13 The Popes presided in the eight Generall Councel 14 Yet doth not that destroy the Emperours right 15 As some Popes have given out Chap. XIII p. 188. 1 THat the Presidence in nationall Counâ—els belongs to Kings and Princes 2 3 c Proved by sundrie examplâ—â— of the Kings of France 11 Englandâ— 12 And Spaine 13 Princes did not alwaies exercise this power Chap. XIV p. 191. 1 THe power of authorising Councels given to the Pope by the Trent Councell 4 How generall Councels were anciently promulgated and authorised 5â— 6 How Provinciall 7 The power of approving Councels belongs no more to the Pope than to others 9 His rejection of no more force then others 10 Councels anciently confirm'd by Emperours 12 Published and promulgated by them 13 14. Provinciall Councels confirmed by particular Princes as in France BOOKE IV. Chap. I. p. 197. THat the Councel of Trent indirectly advanceth the Popes authoritie above a Councels 2 By suffering him to command them as he did 13 And to mulct 14 And transferre them 15 16 Pope Iulius Paul more bold with the Trent Councel than Eugenius with that of Basil. 17 20 But with unlike event 21 The Popes authority in all things reserv'd by this Councell 22 23 Which ought not have been done 24 The whole power of expounding the Decrees wrongfully given to the Pope 26 Their desiring his approbaâ—ion 27 The oath of obedience to him inusuall and injust 28 So was the Popes creâ—ting of Cardinals during the Councel 29 And his taking upon him to accord Princes 31 Depriving Councels of the election the Pope 36 The faculties of Legats derogaroty to Councels Chap. II. p. 206. 1 THat the Pope is not above a Councel 2 For so no need of Councels 3 So the Pope should be the Church which is absurd 4 5 6 What is meant by Tell it to the Church 7 Popes have confess'd themselves inferiour to Councels 9 10 11 The authority of Provinciall Councels greater than the Popes 13 14 Much more of Generall 15 16 c. Saint Ieroms testimonie about the Popes authoritie examined Chap. III. p. 212. 1 POpes may be and have beene judged by Councels 2 Yea and condemn'd too 3 4 Pope Iohn deposed by a Councell 8 Popes in fact have used Councels against other Popes 9 And submitted themselves to their judgement 11 The quarrell betwixt the Pope of Rome and Patriarch of Constantinople judged by the Councell of Chalcedon 12. The Popes definition of faith examin'd there 17 A cause judg'd by the Pope may be judg'd againe by a Councell as Saint Austin Chap. IV. p. 217. 1 OF severall Appeals that have been made from Popes to Councels whereby the superiority of Councels are proved 2 Appeals made by Emperours 3 By Generals of Orders 5 6 By Kings of France 7 By the Vniversitie of Paris 8 A copy of their Appeal 9 Such Appeals allowed by Canonists 10 11 12 Bellarmines three examples of Appeals from Councels to the Pope answered Chap. V. p. 217. 1 THat a Councell is above the Pope proved directly First from the decrees of Councels 2 As of the first Pisan. 3 Those of Constance Basil Bourges 4 That of Lausanne 5 Another of Pisa. 6 7 8 All which Councels were either called or approved and confirm'd by Popes 9 A reference to severall authours that teach a Councel to bee above the Pope Chap. VI. p. 224. 1 THe opinions of severall Vniversities touching the authority of Councels above the Pope 2 As the Vniversitie of Cullen with their reasons 3 The Vniversitie of Erford 4 Of Vienna 5 Of Cracovia 6 7 Of Paris 9.10 The Councels of Constance and Basil in this point approved by most of the Kings in Christendome 11 Particularly by the French in the Pragmatique Sanction 12 Which is still in force Chap. VII p. 230. 1 2 EXceptions against the validity of the former Councels answerd 3 The absence of some Prelate destroyes not the generality of the Councell of Constance 4 Because they were schismatical and so judg'd by the Pope Nor was it destitute of a lawfull Pope 5 But confirmed by one Bellarmines evasion refused 7 And retorted against the Trent Councel 8 The Councel of Constance approved by succeeding Councels as that of Basil. 9 10 11 12 And this confirmed by three severall Popes 13 14 Nor generally rejected by the Church 15 but onely by some and in part 17 18 c. The validity of the Piâ—an Councell asserted the nullity of the Laterane and the story at large of both 21 The oath of the Cardinals for reformation 22 Pope Iulius his perjury 23 Which occasioned the calling of the Pisan Councell 24 25 His demeanour in it 26 His conditions 27 The Lateran Councell justly rejected 28 As prejudiciall to France 29 Is but a Conventicle 31 And appeal made from it by the Vniversity of Paris Chap. VIII p. 241. 1 A Refutation of those five reasons which Pope Leo with his Councell of Lateran urgeth to prove his authority over Councels 2 The first drawne from a supposed Decree of Nice 3 The second from Pope Leo's translating the Councell of Chalcedon Which is neither true nor proving 4 The fourth that Pope Martin did the like but not without the consent of the Councell 6 The fifth from the Popes prerogative above others This granted for honour not for authority 7,8 Obedience of Councels to Popes pretended not proved 10 The fifth reason drawn from hence that some Councels have desired the Popes approbation Refuted 11 Retorted 12 The repeale of the Pragmatique 13 14 Invalid and never admitted 15 Pius the seconds inconstancy 18 Bellarmines argument from the order of names refuted BOOKE V. Chap. I. p. 249. 1 ABuses committed by the Pope in matter of Indulgences 2,3 An occasion of much wickednesse 5,6 c. A Bull of large Indulgences granted by the Popes in the time of the Trent Councell to the Fraternity of the Sacrament of the Altar 42 The abuse of Indulgences anciently complain'd of 43,44 The doctrine condemned by Gerson 50 Reformation hereof demanded at the Councell of Trent 51 But not obtain'd
of incurring the curse of God and eternall damnation And presently after he addes Wherefore the Clergy doth most humbly beseech you that you would be pleased to ordaine that the decrees of the most sacred Councell of Trent may be generally published throughout your Dominions to be inviolably observed by them 6 Nicolas Angelier Bishop of Saint Brien made the like instance to the same King October the third 1579 in the name of the Clergy assembled at Melun Wee have saith hee earnestly desired and doe now desire more earnesty and will desire as long as we breath of God and you that the Councell of Trent may be published and the elections restored to Churches and Monasteries Which publication of the Councell is not desired by us that wee may thereby raise up you and other Catholick Princes in armes to spoile and butcher such as have stragled from the true Religion for wee desire not to reclaime and reduce them to the flock of Christ by force but by sound doctrine and the example of a good life For he we know came not into the world to destroy but to save the soules of all men for whom hee shed his precious bloud and if need so required we would not stick in imitation of him to lay downe our lives for the salvation of those poore misused soules But we desire that Councell may be published for the establishment and maintaining of a true sound entire and setled discipline which is so necessary and behoofefull for the Church 7 Iuly the seventeenth 1582 Renald of Beaune Lord Archbishop of Bourges and Primate of Aquitane delegat for the Clergy in this case spoke at Fountainbleau in this sort The whole Church Christian and Catholick assisted by the Legates and Ambassadours of the Emperour of this your kingdome and of all other Christian Kings Princes and Potentates did call assemble and celebrate the Councell of Trent where many good and wholesome constitutions usefull and necessary for the government of the Church and the house of God were ordained To which Councell all the Legats and Ambassadours did solemnly sweare in the behalfe of their masters to observe and keep and cause it to be inviolably kept by all their subjects yea even the Ambassadours of this your Kingdome solemnly tooke that oath Now it is received kept and observed by all Christian Catholick Kings and Potentates this Kingdome only excepted which hath hithertowards deferred the publication and receiving of it to the great scandall of the French nation and of the title of MOST CHRISTIAN wherewith your Majestie and your predecessors have been honoured So that under colour of some Articles touching the libertie of the Gallican Church which might bee mildly allayed by the permission of our holy father the Pope under scugge I say of this the staine and reproach of the crime of Schisme rests upon your kingdome amongst other Countries which signifies no lesse in Greeke then division and disunion a marke and signe quite contrary to Christianity and which your Majestie and your predecessors have ever abhorred and eschewed and when some difficulty was found about the receiving of some other Councells as that of Basil and others all was carried so gravely and wisely that both the honour and unity of the Church and also the rights of your crowne and dignity were maintained and preserved And this is the cause why the Clergy doth now againe most humbly desire your Majestie that you would be pleased to hearken to this publication and removing all rubs which are laid before you concerning it that you would with an honest and pious resolution make an end of all to the glory of God and the union of his Church 8 There was a Nuncio from the Pope who arrived in France in the beginning of the yeere 1583 who prosecuted this matter with a great deale of earnestnesse yet for all that he could not move Henry the third one jot who like a great statesman as he was perceived better then any other what prejudice that Councell might be unto him His majestie that now reignes was startled at that instance and afraid least that importunity should extort from him somewhat prejudiciall to France whereupon hee writ to the late King concerning it who made him this answer 9 Brother those that told you that I would cause the Councell of Trent to be published were not well informed of my intentions for I never so much as thought it Nay I know well how such publication would be prejudicall to my affaires And I am not a little jealous of the preservaton of my authoritie the priviledges of the Church of France and also of the observation of my edict of peace But it was only proposed unto me to cull out some certaine articles about Ecclesiasticall discipline for the reforming of such abuses as reigne in that State to the glory of God the edifying of my subjects and withall the discharge of my owne conscience A thing which never toucheth upon those rules which I have set downe in my edicts for the peace and tranquillitie of my Kingdome which I will have inviolably kept on both sides 10 November the nineteenth 1585 the same Bishop of Saint Brien delivered another oration in the name of the said Clergy and was their deputy whereby after he had commended the late King for his edict of Reunion and exhorted him to the execution of it and the reformation of Ecclesiasticks he addesâ— This is the reason Sir why we so earnestly desire the publication of the holy Councell of Trent And above others my selfe have a more speciall command sâ— to doe For that Councell hath not only cleeredâ— resolved and determined those doctrines of the Church Catholick which were controverted by hereticks to the end that people might not waver and suffer themselves to bee carryed away with every wind of doctrine raised by the malice and cunning of men to circumvent and eâ—tice them into errourâ— but also it hath most wisely counselled and ordained every thing which may seeme necessary for the reformation of the Church considering the exigency of these times 11 There was also another assault made upon him Oâ—tober the fourteenth 1585 by the Lord Bishop and Earle of Noyon in the name of the Clergy assembled in the Abbey of Saint German neer Paris which is more pressing than the former Wee present unto you saith he to the King a Booke which was found at the removing of the Churches treasures writ by the prudent and grave advice of the many learned and famous men assembled in the Councell of Trent guyded by the holy Ghost who with a great deale of travell paines and diligence have renewed the ancient ordinances of the Church which were most proper for our maladies and for those vices which at this present are most predominant in the State and withall have provided for those which being of no great standing amongst us had not any particular remedies assigned them The royall Priest hath put
seasoning Wherefore by the just judgement of God his decrees are scarce well received yet nor ever will be till he have reformed himselfe and his dependants And in good deed I thinke the chiâ—fe cause of the deformation of the Church is the wound in the Head which hath need to be cured first and formost 24 And anon after Wherefore it seemeth to me an incredible thing that the Catholique Church should be reformed unlesse first the Court of Rome be so but as the world goes now we may see how hard a thing that is And anon after Those which have the presidency in Councels on the Popes behalfe when they see that matters in the Councell make against their maisters and them what can be expected from them but that they will withstand the decrees of such Councels with might and maine either by dissolving them or sowing dissentions in them and so the thing shall remaine unperfected and we be driven to râ—turne to the old wildernesse of errour and ignorance Every body knowes this to be most true unlesse it be some one haply who is not experienced in times past The tragedy which was acted in our age at the Councell of Basil doth sufficiently prove it as they knew well who have laid downe the story before our eyes 25 Felix Hemmertin who lived at the same time a great zelot of the Popes so farre that he railes upon the Councels of Constance and Basil yet hee thus speakes of them I protest I will open my mouth to speake in parables and will at first set downe such propositions as are things which we have seene and knowne and which our forefathers have declared unto us and which have not beene concealed by their children in another generation Truly by readingâ— turning searching perusing and examining all the histories and all those that have beene versed in them we finde that since the time of the Prince of the Apostles through all his successours one after another following herein those that have writ exactly of the acts and affaires of the Bishops of Rome untill this present we never saw heard nor understood that greater and more notorious excesses were committed in point of avarice ambition oppression cheating cozening naughtinesse cruelty and severity by way of stateâ— and under colour of mildnesse than is now adayes committed by great and small that have any command in the house and Court of Rome 26 Iames Piccolominy Cardinall of Papia who lived in the time of Pius the second hath inserted amongst his epistles a letter which a friend of his writ to him from Rome in this manner Would you know what is done in the City nothing but as it used to be nothing but coursing canvassing and plotting the saying of the Philosopher is verified the Court is a place ordained for deceiving and being deceived mutually the Counsell seldome sits the Pope is mightily troubled with cares that is with the care of that warre which he had voluntarily undertaken as the same Epistle tels us lest any should thinke that it was the zeale of thy house hath eaten me up 27 In the dialogue intitled Aureum speculum Papae made about two hundred yeeres agoe wee finde this exclamation Good God with what danger iâ— the ship of St. Peter tossed the preaching of Paul is despised the doctrine of our Saviour neglected and in the Court of the Church of Rome which is the head of all other Churches there is no soundnesse from the sole of the foot to the crowne of the head Theodorick of Nihem who was the Popes Secretary said as much in the end of his second booke of schisme which he writ in the yeere 1410. In effect there is no soundnesse in the Catholique Church even from the head to the sole of the foot As also Nicholaâ— Clâ—mangiuâ— in his booke Of the ruine and reparation of the Church The saying of the Prophet is true from the sole of the foot unto the crowne of the head there is no soundnesse in it 28 Baptista Mantuan a great Devine in his time a Frier of the order of St. Mary of Mount Carmel an Italian borne who lived about 1490. hath spoken much of this subject Espensaeus the Devine hath stuffed ten or eleven pages with his verses which talke of nothing more than the vices abuses and abominations of the Popes and their Court of Rome I will forbeare to recite them contenting my selfe to referre the curious reader either to the author himselfe or to him that there quotes them 29 Mr. Iohn le Maire one of our French Historians who writ his booke of Schisme about the yeere 1500 gives us to understand that they were about this reformation in his time without which the former Councels were to no purpose shewing withall how necessary a thing it is Every good Christian saith hee ought to pray God that the two last Councels of the Gallicane Church may engender one great universall and generall Councell of all the Latine Church to reforme that Church as well in the head as the members so as those Generall Councels use to doe And that if it be not kept at Lions it may be kept in some other place most expedient and necessary for the publique good which may bee very well done at this present considering the great peace amity and union which is betwixt the two greatest Potentates in Christendome the Emperour and the King together with their third confederate in the league the Catholique King Ferdinand of Arragon who ought altogether to be inclined to reforme the abuses of the Church of Rome which reformation must of necessity be made 30 The second Councell of Pisa was holden in the yeer 1512 where they consulted about many good rules against the Pope But Iulius the second plaid them a trickâ— calling the Councell of Lateran which made that of Pisa to cease and disâ—nulled all the decrees thereof so that we are yet complaining against the Court of Rome Now that it was necessary at that time to proceed to the reformation of the Head we perceive well enough by the testimony of Mantuan and Iohn le Maire as also it is evident from the Acts of that Councell of Pisa as we have said in the fourth Chapter of the first book This very necessity continued till the Councell of Trent so much we learned from Pope Adrian the sixth and the relation of the delegates of Paul the third for matter of reformation As also it is confirmed by Langius a German Monke in the Chronicle which he writ in the yeere 1520. For see here the description of a few abuses of Rome under Leo the tenth The desire of money makes all things saleable at Rome Simony is tolerated for gold pluralities of prebends are granted in great number all benefices and dignities of what condition soever are reserved for the Cardinals Protonotaries and Popes minions graces and resignations are granted without any stint annates or halfe of fruits
universall dominion over all the world 11 Afterward hee applyes unto him certaine places of Scripture which speake of God Of whom saith hee it was written by Iob that those which beare up the world stoup before him and that the Kings of the earth are matters worthy of derision that hee onely hath all power the Scripture saith that hee is one and there is not a second and that it was writ to him Thou art alone and there is no man with thee And againe Thou art mighty over all them which are mighty To whom all justice power and Empire doth belong as the Prophet testifies and whom David afterwards meant when he said Hee hath given him the power and the Kingdome and all people and languages are subject unto him And presently after hee saith The greatnesse excellency commodity and necessity of the Popedome is seene in this that as the Philosopher testifies the world could not bee governed if there were not some supreame principality in it Wee must needs come to him onely who directs and governs all particular things by whose managing and disposall all actions of the Hierarchies are ordered that in fiâ—e the disposall of this lower world may be administred conformably to the Celestiall Monarchy And yet more The power of Iustice would decay witnesse the same Philosopher if there were not one in the world to administer it to all and supply the defects of the negligent And againe There can bee no true nor right Common-wealth if there bee not one above all the rest to guide and governe them Which is the Pope the Vicar of the immortall God Afterwards he ascribes unto him a commutative and distributive justice over the universall world and speaking of this last hee saith that being exercised by him it doth institute and ordaine dignities principalities Kingdomes and Empires according to merits and transferre them from one Nation to another according to their demerits 12 Hee that will not bee content with this may further read the Oration which was spoken in the presence of Pope Pius the second by the deputies of Florence registred in his History by Aâ—tonine Archbishop of that City for the instruction of posterity Hee may read also that which one Iames de Terano Chamberlaine to Vrban the 6 hath written concerning this point and Avarus Pelagius great Penitentiary to Iohn the 22. Together with other mercenary authours the Popes domesticks who spare no qualities either devine or humane to set forth unto us the power the dignity and the divinity of the Popedome Which authours and others above by us alleadged are so well approved by them that they sleep upon their pillows just as Homers Iliads did upon Alexanders For that same Austin de Ancona out of whom we formerly cited many maximes and those of the finest wâ—s dedicated by the authour to Iohn the 22 Ann. 1320 and afterwards to Pope Gregory the 13 by a Generall of the Order of the Austin Friers and printed at Rome by George Ferrarius Ann. 1582 with expresse priviledge of the same Gregory And Lancelot Conrade who helps well to build up this divinity and omnipotency out of whom we have cited some passages professed in his Preface that his booke was approved by Pope Pius the fourth one of the authours of the Councell of Trent and one that did the most good there To make this assertion yet more evident you need but read the Index expugatorius set out by the authority of the Councell of Trent where neither any authors of this stampe nor any of their fooleries and impieties are ever condemned but all those who in divers ages have beene so sawcy as to open their mouthes and utter any truth against the Holy See who have gone about to defend the right of the Church of the rest of the Clergy of Kings and Emperours against the tyranny of Rome CHAP. XII Of the complaints and oppositions which have beene made against the Popes dominions over Kingdomes and Empires NOw these great attempts as they have occasioned great mischiefs so have they raised great complaints and just disobediences to their unjust commands Our French men both Lay and Clergy assembled in a Councell at Rhemes about the yeere 870 gave Pope Adrian the 2 to understand who would have put this Realme of France in an interdict and bestowed it upon another by reason of the question betwixt King Charles the Bald and Lewes the son of Lotharius that his attempt was a novelty and unusuall and they would never suffer it For see here the resolution which was sent unto him on their behalfe by Hincmare Archbishop of Rhemes That hee could not be both King and Bishop at once that his predecessours disposed and governed the Ecclesiasticall order a thing which belonged unto him and not the Common-wealth which belongs unto Kings 2 In this action wee may observe a double abuse First that the Pope undertakes to transferre Kingdomes by excommunications next that it is not for any spirituall matter but upon a difference of succession and therefore that assembly added That it was not fitting for any Bishop to say that it is lawfull for him to deprive a Christian of his title so long as he is not incoâ—rigible and the question is not of his personall faults but of the loosing or getting an earthly Kingdome 3 The Emperour Henry the 4 was excommunicated by Pope Gregory the 7 Ann. 166 and Ralph Duke of Suevia set up in his stead by his authority and that because he did not make his appearance before him being summoned upon pretence of Simony which he injustly laid to his charge The quarrell grew betwixt them upon this oâ—â—asion that the Pope was elected without the Emperours consent contrary to the ancient custome Whereupon a German Bishop writes thus I read and read againe the lives and Acts of the Roman Kings and Emperours but I never finde that any of them was excommunicated or deprived of his Kingdome before this unlesse we take that for an excommunication which passed in the case of Philip the first Christian Emperour who was put among the penitents by the Bishop of Rome or that of S. Ambrose who prohibited Theodosius the Emperour from comming into the Church because he had murthered many men 4 Godfrey of Viterbe in his Pantheon which he dedicated to Vrbane the 3 saith as much Wee never read that any Emperour before this was excommunicated by the Pope or deprived of his Empire Yet the Abbot of Vsperge saith that there are examples of it and hee urgeth that of Pope Gregory the 3 who caused all Italy to revolt from their obedience to the Emperour Leo whom he had excommunicated and deposed from his Kingdome yet withall hee gives us to wit that hee doth not approve the fact Howbeit saith hee the Popes of Rome challenge this power unto themselves and make their boast that they have done it yet we acknowledge these things came to passe
the Councels there kept The first of Orleans addresse their Decrees to King Clovis with this recommendation If the things which wee have ordained be approved and found good by your judgement the resolution of so many reverend Bishops as are here is that the authoritie and consent of so great a King as you are be preserved The fourth of Arles holden under Charles the great breakes off with this conclusion We have briefly touched what we thought worthy of reformation with a purpose of presenting unto the Emperour what we have done about it desiring his clemency that if ought bee found defective it may be supplyed by his wisedome and what shall be amisse may be amended by his judgement and what shall bee found to be well done may be confirmed and perfected by his assistance 14 The third of Tours holden under the same Emperour in the same yeare makes this preface We have distinctly divided into chapters certaine points which we thought pertinent to so great a worke and to stand in need of reformation following therein the canonicall order that we might shew them to our most renowned Emperour The second of Cavaillon holden under the same Emperour saith in the preface We have observed certaine points and chapters to be presented to the Emperour himselfe and referred to his most sacred judgement to the intent that by his pruâ—ent examination those things may be confirmed which we with good reason have determined The first of Mentz saith to the same Emperour That your Imperiall dignity would command such things to bee corrected as stand in need of correction And they had said before That the chapters by us collected may bee confirmed by your authority The second of Mentz holden in the yeare eight hundred thirtie foure concludes with these words directed to Lewes the Gentle We desire that these resolutions which are sent unto you may be confirmed by your authoritie An ancient Historian gives this testimony of the third of Mentz holden under the same Prince They treated of Ecclesiasticall questions saith he speaking of the Bishops of that Councell but the King being imployed in publique affairesâ— and composing differences among the Princes and Governours of Provinces returned to Bavaria after hee had approved the Synoâ—icall acts which were referred to his judgement 15 In all this it is to be observed that in none of these Councels was it ever consulted about requiring of tâ—e Popes approbation nor his consent in any thing whatsoever which is much different from the manner of proceeding in that Councell which we reject Onely wee reade that a certaine Bishop of Rhemes sent the acts of a Synod holden at Soissons to bee confirmed by Pope Bennet who succeeded Leo. But withall that he did not doe it by any decree of the Councell and this example is not so much worth against so many to the contrarie And it is so farre from truth that the Popes confirmation was ever required to the Ecclesiasticall lawes of France that on the contrary the Popes themselves have received them as we prove elsewhere The Councell of Aix holden in the yeare 837 intreat King Pepin To take their act in good part There are divers others which doe the like 16 There are some also extant whose decrees are conceived in the name of our Kings whom the Councels bring in speaking that they may bee of more force which denotes the great authority of our Kings over Councels Such are the decrees of the Councell of Soissons holden under Pepin in the yeare 744. Such those of Francfort under Charles the Great about the condemnation of images and the Felician heresie Such are those of the Synod of Pistis upon the Seyne holden by Charles the Bald. Such the Pragmatique Sanction of Charles the seventh which is nothing else but the Decrees and Determinations of the Councell of Bourges and divers others A REVIEW OF THE COVNCELL OF TRENT BOOKE IV. CHAP. I. That the Councell of Trent advanceth the Popes authority above the authority of Councels IT is not said in expresse termes by the Decrees of the Councell of Trent That the Pope is above a Councel yet it is such an easie matter to see that this was the intention of those fathers that there is no reason to make any scruple of it So they which now adayes plead the Popes cause build their maine arguments upon it to whom by the way wee shall take leave to make some resistance in defence of the Gallicane Church and indeed of the liberty of all Christians See here 's then the meanes whereby the Pope is aâ—thorized by them to bee above a Councell 2 First of all inasmuch as the Bishops there present suffer'd and approv'd the Pope to use absolute prohibitions against them and that with commination of punishments and penalties and that of his own authoritie he commanded his Legats to remove the Councell without ever making any mention in his Buls of asking their advice but rather of mulcting them in case they should refuse so to doe Wee have already transcribed in the chapter of the convocation of Councels that passage wherein these things are contained 3 In next place Because the authoritie of the Pope is by this Councell in all things reserved which is as much as to say is preferr'd above the Decrees of the Councell so as hee may change and alter them at his pleasure In the second Decree of the sixth Session it is said The same holy Councell the same Legats there presiding intending to prosecute the businesse in hand touching reformation and residence hath resolved that it be ordained as followeth saving alwayes in all things the authority of the holy See Apostolique And in the 21 chapter of the last Session Finally the holie Councell declares that in all and every thing which hath been ordained in this holy Councell touching reformation of manners and Ecclesiasticall discipline under what clauses and words soever exprest as wâ—ll under Pope Paul the third and Iulius the third as under the most blessed Pius the fourth they were so ordained and decreed as that the authority of the holy See Apostolique is and must alwayes bee understood to be reserved 4 In the third place Because they give unto him power to declare interpret and resolue all doubts and difficulties which shall arise about the Canons and Dâ—crees of the Councell in such manner as hee shall thinke good 5 Fourthly Because in the conclusion of the Councell they desire a confirmation from the Pope of all and every such things as were there by them ordained anâ— determined 6 Fiftâ—ly Because they decreed that Provincial Councels shall promise and make protestation of true obedience to the Pope 7 Sixthly Because the Pope during the time of the Councell did and exercised what of right belonged to the Councel and not to him as the creation of Cardinals the according of Princes and other things of like nature
famous Councell lawfully called Hee excommunicated Fredericke the first very unjustly and carried himselfe so insolently towards him that he made him walke bare foot in his chamber and putting his foot upon his neck spoke these words Super Aspidem Basiliscum c. Thou shalt goe upon the Lion and the Adder To absolve King Henry the second of England from that ill usage which hee had showne to Thomas Archbishop of Canterbury he ordained that Appeales should bee allowed to issue out of his kingdome to Rome Gregory the ninth the compiler of the Decretals tooke upon him to excommunicate Fredericke the second very unjustly promised life eternall to such as would make warre upon him at last sold him his peace and pardon for an inestimable summe of gold As for Boniface the eight the aâ—thor of the sixt booke of the Decretals who excommunicated Philip the Faire and called himselfe Lord of all the world who wore both the swords and reigned with incredible insolence he is so well knowne that he needs not my commendations Clement the fift the authour of those Decretals that beare his name declares that the Emperour takes an oath of allegiance to the Pope that he is not Emperour till after hee have received his consecration and the Crowne from his hand This Pope caused his Clementines to be published at Montelimar where he then was and had resolved to intitle them the seventh booke of Decretals but he dying in the interim at Rochemaure they hung in suspense till such time as Iohn the twentie second his successour sent them over the Vniversities This is that Iohn that excommunicated Ludovicus Bavarus because he had taken upon him the name and title of Emperour before he was crowned by him who being sued unto for peace and amitie by that Emperour would not hearken to it till he should first devest himselfe of the Empire and come to him in the qualitie of a private man whose sentence was pronounced a nullitie by the States of Germany I doe not speake of the warreâ— which were raised by their ambition to the great destruction and calamitie of Christians nor of many other vices that abounded in them It sufficeth me to touch upon some few of the most eminent of them See here our goodly law-givers Let us from henceforth in stead of Oracles receive those fumes and vanities which they present us with in their bookes CHAP. VII Of the censure of Bookes 1 HAving approved and confirm'd the Popes Decrees and Decretals it was necessary they should condemne those many bookes that are in the world which teach a quite contrary doctrine For they are as so many witnesses of the so many errours and falsities as are in them and of the folly of those which approved them Our Fathers of Trent thought they could not by this charge upon any that would better quit himselfe of it than his Holinesse himselfe considering it so nearly concernes his copihold This is the reason they decree in this manner The holy Councell in the second Session holden under our holy Father Pius the fourth made a committee to certaine select Fathers that they should consider what was requisite to be done concerning divers censures and suspected or pernicious books and that they should make report thereof to the holy Councell hearing now that they have finished thâ—s worke and seeing that by reason of the multitude and variety of bookes it cannot bee distinctly examined by the holy Synod it therefore commands that whatsoever hath beene done by them in this particular bee presented to the most holy Pope of Rome to be concluded and set out by his judgement and authority 2 This Canon must be rightly understood with all its ampliations whereof the first is That power is not onely given to the Pope to determine and publish what had beene alreadie done but also to doe the like for ever after with all bookes wherein should bee found any thing that may be offensive to him The words of the Decree seeme repugnant to this in some kinde when they speake of that which hath beene done alreadie but our Doctors say that Beneficia non sunt restringenda Next it belongs to the Popes to put expositions upon the Canons and Decrees of this Councell for that power is given unto them in expresse termes at the end of the last Session Now the Popes have understood it so and those which came after have not omitted to doe their endeavour in this kinde so that a man would wrong them to accuse them of negligence The last impression of their Index expurgatorius set forth at Paris by Laurence Sonnius the yeare 1599 will alwaies serve them for a just defence which carries this inscription The Index of bookes prohibited with the rules made by the Fathers select by the Councell of Trent first published by the authority of Pius the fourth afterwards augmented by Sixtus the fift and now lastly revised and set forth by the command of our holy Father Clement the eight Revised that no scruple bee left signifies as much as augmented afterwards Which is necessary for those many wicked bookes must be excommunicated which say worse than hang 'em to our later Popes the Authors of our warres and almost to all the rest yea which is more grievous to the Popedome it selfe which they have laboured to overthrow Wherein Catholiques have beene as busie as any others if not more to the great scandall of the Church The second ampliation is That power is given unto him to condemne all those bookes as hereticall which were made in defence of the lawes power and authoritie of Emperours Kings and Princes and that so farre forth as they cannot be spoken of but as vassals and feudetaries to Rome and to bestow any other title qualitie or prerogative upon them is to speake blasphemie against the holy Sec. 3 For this reason it was necessarie to condemne the Epistles of the Emperour Fredericke the second for heresie which were collected into one volume by Peter de Vineiâ— his Chancelour which containe a defence to the Imperiall Lawes against the Popes usurpations The workes of William Occam a Franciscan and Marsilius of Padua a Devine who defend the same rights in behalfe of the Emperour Lewes the fourth The booke of Antonius de Rosellis of the power and authoritie of the Pope made upon the same occasion in behalf of the Emperour Fredericke the third and in defence of his rights being dedicated unto him for that purpose The treatise of Zabarell Cardinall of Florence intituled Of schismes which should bee taken away by the Emperours authority made a little after the first Councell of Pisa where he speakes of the Imperiall power in the Church somewhat too freely to the prejudice of our Popes The Monarchie of Dante 's where he treats that the Emperour depends not upon the Pope but holds his Empire from God The Vâ—rgers dreame and another booke intitled A dispute betwixt
confirm'd by this Councel of Trent The words of the Decree as they are in the French translation by Gentian Hervet Canon of Rhemes are very remarkable It pleased all the fathers to make an end of this holy Councell and that his Holynesse should be desired to confirme it saving only three who said the confirmation needed not be required Wherefore wee the Legats and Presidents conclude this holy Councellâ— and desire the confirmation of it from our holy father in as earnest manner as is possible That which is spoken here of those three is razed out of all the Latine copies which were printed since It is a losse that the names of those honest men who were of that sound judgement are not knowne 2 See here a Decree which doth not a little enhanse the power of Rome The Popes heretofore cryed most stoutly that it belong'd to them to authorize and confirme Councels yet for all that no body beleeved them This Councell states the question and will not have any to make a scruple of it hereafter So that if the pope thinke good it is a thing done to his hand there needs no more talking of it As for the Emperour and Kings and Princes and all other persons whatsoever no matter for them they have no more to do but receive what shall be sent them to execute what shall bee enjoyn'd them without making any bones of it referring themselves in all things wholly to another mans trust 3 And the worst of all is that by assembling this power of confirmation the Pope pretends to bee above the Councell For amongst other arguments which the Romish Doctours use to prove the Popes power to be above the Councels this is one that hee conformes and rejects the determinations of Councels To repell this errour wee shall prove three things 1 That in the approving of Councels the Popes have no more authority than other men 2 That the approbation of them made by them in times past hath not wonne them any supreme authoritie over Councels 3 That for point of approbation Emperours and Kings had anciently more power than they 4 For proofe of the first wee say that anciently after the celebration of Councels the Synodicall fathers as also the Emperours were wont to give notice unto those that were absent and to the Provinces of such things as had bin determined in them to the end that they might conforme and give their consent unto them yet so as there can bee nothing observed which makes for the See of Rome in particular This course the Councell of Nice useth towards the Church of Alexandria and the Bishops of Egypt Lybia and Pentapolis as is apparent from that Epistle in Theodoret. Victorius testifies that the Nicene Creed was sent over all the world almost approved of all The first Councell of Ephesus writ in generall to all the Provinces and sent their Canons and Decrees unto them The Acts of the Councell it selfe doe witnesse it wherein the letters directed to them upon that occasion are inserted The Councel of Sardis did the like to the Bishops of the whole Chuâ—ch Catholique whose letters to that effect wee may read at this day The Emperours kept that authority to themselves principally of sending abroad what had beene determined in those Oecumenicall Councels to the intent that every man might become conformable thereunto The letters of Constantine the Great directed to all the Provinces of his Empire to that effect doe fully testifie as much And in stead of doing it by their owne authority the Popes will needs say they did it only as executers of their and the Councels Decrees wherein they have grossely abused those that have been too credulous towards them 5 Provinciall Councels tooke the same course of proceeding and gave notice one to another of their determinations and of the Canons and Decrees which they made to the intent that they might mutually conforme one to another So the Councel of Gangra in Cappadocia did to the Bishops of Armenia So that of Aquileia to the Bishops of the Provinces of Arlesâ—nd â—nd Narbon So that of Valentia to the rest of the Bishops of Gaul and the Clergy and people of Friuli So the third of Carthage to the Bishops of Numidia Mauritania and Tripoly Pope Syricius after he had held a Councell at Rome of eighty Bishops tooke the very same course in acquainting the Bishops of Africa with the resolutions of it as also another Councell holden at the same time at Telense formerly a citie of Italy Pope Damasus with other Bishops Synodically assembled at Rome acquaint the Bishops of Illyrium with the resolution they had taken for rejection of the Councell of Ariminum 6 On th' other side the Councell of Arles holden under Constantine the Great doth the like to Pope Sylvester But to the end that such as ascribe unto him authority over Councels may not wrest it to their advantage I will set down the very words as they are recorded at the beginning of the Councel To their holy brother Sylvester Marinus or the assembly of Bishops that was in the Citie of Arles greeting We signifie unto you of our charity what we by common counsell have decreed to the end that all men may know what they ought to observe for the future There is an ancient Chronicler that relates how when there was a Councell holden at Carthage of two hundred and sixteen Bishops the Synodicall Decrees thereof were brought to Pope Zozimus where being approved the Pelagian heresie was condemned all the world over The Pope hath not yet gained any thing by all this There is nothing for him in particular but here 's it which is presupposed namely that the authorising of the Canons and Decrees belongs unto him alone exclusively to all others Let us evidence the contrary 7 Victorinus testifies that when the determination of the Councel of Nice was sent every where it was approved of by an infinite number of Bishops The Councell of Nice was approved by the third of Carthage in the Acts whereof it is said That the confession of faith made by the Councell of Nice was rehearsed and confirmed The same was done at the second of Constantinople Afterwards they confirmed the Councell of Nice So the Acts. The first of Toledo used the like confirmation as did also the sixth of Carthage as appears by the first and seventh chapters of it Athanasius speaking of the Councell of Sardis saith These things being set downe in writing the holy Councel of Sardis sent them unto those which could not bee there present who by their suffrages also approved the Decrees of the Synod It is good reason the Pope should contribute his authority aswell as others and that he bee not in a worse state than others Pope Sylvester the first in his Synod at Rome confirmed and approved all that was decreed at the Councell of Nice Pope Hilary used the
notable usurpations upon Kings and Princes their Realmes and Dominions for a man shall not finde so much as one of them which is not in favour of the Church We may justly say that here is a brave bargaine for the Pope and that â—e could not hope for a greater advantage from the resolutions of these Fathers 3 Wee shall observe in the first place that there are a very many Decretals which were never in use before this Councell witnesse Cardinall Cusan Wee see saith he an infinite number of Apostolicall Ordinances which were never received not even then when they were made Our France in particular hath rejected an infinite companie of them as namely all those which are prejudiciall to the State to the Edicts of our Soveraigne Princes and to the liberties of our Gallicane Church Wee must now receive them and not only those which are contained in Gratians Decret the Decretals of Gregory the ninth Boniface the eight the Clementines and Extravagants but besides all those that are contained in the booke intitled Collectio diversarum Constitutionum literarum Romanorum Pontificum in another called Epistolâ— decretales Summorum Pontificum in three volumes in another intitled Eclogae Bullarum motuum propriorum in that which is called Summa Pontificum and in the seventh booke of Decretals newly composed in the rules of Chancery which are changed and rechanged a thousand times and in other such like collections which containe yet three times as many more constitutions as are extant in the Ordinarie books 4 To this demand of the Emperour wee must joyne the judgement which our Predecessors made of the Decrets and Decretals to the end that the justice which our Trent Fathers used in this regard may bee so much the more cleare Albericus de Rosate one of the best of our Commentatours who lived about three hundred years agoe unfolds their Cabal in this manner The Presidents of the Court of Rome by meanes of their cunning and acute prudence have altered their Statutes and Decrees according to the varietie of the times sometimes exalting their commands otherwhiles abasing them from time to time But to what end save onely insensibly to inslave and bring under their feet as they use to make their brag openly all things both celestiall and terrestriall spirituall and temporall 5 Everard Bishop of Saltzburg said full as much in an Imperiall Diet holden in Germany in the time of the Emperour Ludovicus Bavarus The Pope saith he casts new projects in his breast how to establish an Empire proper to himselfe Hee changeth the lawes hee sets up his owne he pollutes he reaves hee robs hee cheats yea he kils Marsilius de Padua speaks of this in divers passages of his Defensor Pacis In the sixt Chapter after he hath quoted this place of Marke You make the commandement of God of no effect through your traditions hee puts this glosse upon it Thus they doe which teach humane Decretals which give the Bishop of Rome the power and lordship over temporal things and those not Ecclesiasticall only but even Imperiall and Royall making a mock of the commandement of God 6 In the twentie third Chapter hee reckons up the pedigree and progresse of Papal Decrees which will serve for a comment upon that which Albericus and Everard have delivered upon this subject The Bishops of Rome saith hee having arrogated these things unto themselves and relying upon the priviledges and grants of Princes have consequently increased this title then especially when the Empire was vacant First they made certaine lawes about the Ecclesiasticall Order and concerning Clerks which they called Decrees After this they perswaded lay men to certaine Ordinances by way of entreatie and exhortations as fasting and abstaining from certaine meats at certaine times to obtaine the suffrage and mercie of God to remove certaine contagions and tempests of the aire from among men as appeares by the legend of Saint Gregory and some other Saints Next perceiving that the Laity received them willingly and that they observed them by reason of their devotion the custome being now growne ancient in such matters they begunne to alter those institutions which ran by way of entreatie into commands being so bold as even to strike the transgressours of them with the terrour of an anathema or verball excommunication yet alwayes under colour of devotion and divine service and this without licence from the humane lawgiver The desire of domineering encreasing yet more and more in them and they perceiving withall that devout faithfull people were frighted at such words by reason of their dulnes and ignorance of the law of God which perswaded them they were bound to all that was commanded thâ—m by their priests upon paine of eternall damnation the Bishops of Rome with the assembly of their Clergy undertooke to enact certaine edicts or oligarchicall and factious ordinances concerning civill affaires whereby they pronounced and declared themselves together with all those that receive their order or office of Clerkship yea even pure lay men exempt from all publique charge admitting even Secular married men to that office who were easily allured thereunto that they might enjoy those immunities from publique charges gaining unto themselves no small part of the people by that meanes whom they freed from the power of Princes and Magistrates labouring withall to draw yet a great many more from their obedience By other edicts they denounced a curse or anathema against all such as doe any personall injurie whatsoever to those which are admitted into the number of Clerks defameing them publiquely in Churches by excommunications and presenting them neverthelesse to get them punished by the punishments prescribed by humane lawes But the most horrible thing of all and which is most exeâ—rable in the office of Priests is that the Bishops both of Rome and others to enhanse their jurisdiction and thereby their most dishonest gaine to the contempt of God and the open prejudice of Princes doe excommunicate and debarre from the Sacraments of the Church as well Lay men as Clerks which neglect to pay certaine pecuniarie debts or indeed which are not able to doe it to the paiment whereof within a set time they were civilly obliged And not being yet content with these things but aiming at the greatnesse of Secular Princes contrary to the commandement of Christ and his Apostles they take licence to make lawes distinct from those which concerne the generalitie of the citizens by declaring all the Clergie exempt from them and bringing in a civill division and a pluralitie of Soveraigne principalities For this is the root and originall of this contagion of the Realme of Italy from whence all scandals grow every day and as long as it continues discords will never bee at an end For the Bishop of Rome hath enjoyed this power a long time already upon which hee entered by a covert prevarication by litle and litle and the boldnesse of one of
presided there 3 We read in an old French Historian that Rhabanus Archbishop of Mentz presided in two severall Councels holden in that Citie by the command of Lewes the Gentle But the same authour tels us plainely that it was the same Emperours pleasure and in his absence seeing that in the Acts of those Councels at least of the first for the rest wee have not the same Rhabanus and all the Synod speake continually of the Emperour with a great deal of humility even referring all to his judgement But heark what the forecited author saith of it Orgarius Bishop of Mentz dyed in the yeer 847 and Rhabanus succeeded in his place who by command from King Lewes held a Synod at Mentz the same yeere The title of that Synod imports that Rhabanus presided in it whence it follows that it was by virtue of the Emperours command The same author saith In the yeer 852 there was a Councell holden at Mentz the Metropolitan Citie of Germany by the will and command of the said most renowned Prince Rhabanus Archbishop of that Citie being President of it A litle after he addes further that at the same time while they treated of Ecclesiasticall matters the King was imployed in publique affaires and that they sent their Decrees unto him to bee confirmed a certaine testimony that the presidence was conferr'd upon Rhabanus by the Prince 4 King Charles the Bald was present at the Councell â—olden at Piâ—tis upon Sein in the yeer 863. Hee is named first the Decrees are conceived in his name whence it follows that hee presided there Wee may make the like inference of all those other Councels which run in the name of our Kings or to speake more properly where our Kings speak and decree such things as are proposed with the advice of the Clergy of which kind we find good store for without doubt either they themselves presided in them or others for them 5 King Arnold after he had called the Councell of Triburâ— in the yeer 895. presided there himselfe as may be collected from that epistle which contâ—ines the Preface which is likewise avouched in plaine termes at the end In this holy Councell the devout Prince and most renowned King Arnold being President and imploying himself about it the holy fathers and Reverend Pastors of the Church which came thither were all seated 6 Philip Augustus call'd a Councel at Paris ann 1â—84 at which he presided as is collected from the words of the author who speaks thus of it He commanded a Generall Councell to bee called at Paris of all the Archbishops Bishops and Princes of his Realme which he having kept with them by common advice by his authority royall hee enjoyned the Archbishops Bishops and all the rest of the Ecclesiasticall Prelats by their frequent Sermons and exhortations to perswade the people committed to their charge to goe to Ierusalem to defend the Christian faith against the enemies of the crosse of Christ. 7 When King Lewes the father of St. Lewes reigned in France saith Iohn le Maire and Gregory sixâ— Romanus the said Popes Legat came into France by the will of the King there was a Councell of the Gallicane Church assembled whereat the King and the said Legat did preside 8 In the yeer 1286 there was a Councell holden consisting of all the Prelates and Barons of France Against Pope Boniface the eighth where King Philip was present in person and presided at it reckoning up all the outrages and injuries which hee had received from that Pope Boniface saith the same authour 9 The Ordinance of Charles the sixt in the yeer 1408 makes mention of certaine Presidents by him established at a Councell holden at Paris Not long agoe saith hee it was proposed and demanded by our Atturney Generall at a Councell holden at Paris consisting of the Bishops and Clergy of the Churches within our Kingdome and Dauphiny where our cousen Lewes King of Sicily our eldest sonne Duke of Aquitain and Viennois the Duke of Bourges our unkle by the fathers side the Duke of Burgundy our cousen and the Duke of Bourbon our unkle by the mothers side did preside for us that the Popes exactions and other grievances formerly rehearsed might be utterly abolished 10 King Lewes the eleventh caused a Councell Of the Gallicane Church and all the Vniversites to bee assembled in the Citie of Orleans to bee more fully informed in the businesse of the Pragmatique Sanction at which Peter Duke of Bourbon Lord of Beavieu presided in steed of the King 11 There are Presidents in store for England too William the first presided in a Councell holden at Roan in the yeer 1073. It was judged saith an English authour at a Councell holden in that Citie where William King of England was President that the Monkes which were guilty of the cryme should bee kept in close prison during the Bishops pleasure The same King presided also at another holden before that at Silchester in the yeere 1070 whereof we have spoken elsewhere In the year 1102 or as others have it 1070 Anselm Archbishop of Canterbury called a Generall Councell of the Churches of England to London and presided at it but it was with the consent and good will of Henry the first where some Ecclesiasticall affaires of great importance were treated of 12 Wee could also produce some examples for Spaine for hee that shall read the Councels holden in that Countrey â—ill easily acknowledge that the Kings had all the authoritie in them whensoever they were pleased to use it 13 All the discourse which wee have made upon this point is in a manner superfluous for having proved by so many examples that Kings and Princes called Councels it follows that they had also authority to preside in them which yet they did not alwayes use being for the most part more apt to weild the sword than to manage an Ecclesiasticall action to give their opinions or cause others to opine in spiritual matters to pronounce the sentence of judgement and such like For this reason ofttimes they left all to the Clergy without intermedling themselves but when they were pleased to interpose they were so farre from being censured for taking too much upon them that on the contrary they were highly extoll'd and commended for it And what was spoken to the Emperour by an Archbishop of Bulgaria is applyable to all Princes within their owne Realmes and Dominions The Emperour saith hee as the common-skilfull Monarch of the Churches is President of the Decrees of Councels and makes them bee in force he ordaineth Ecclesiasticall orders hee sets lawes to the life and policy of those that serve at the Altar c. CHAP. XIV Of the approbation and authorisation of Councels 1 IT remaines now that we speak of the authorising of Councels which the Popes in their books arrogate unto themselves exclusively to all others which is also