Milan for a time to our beloved sonnes the Rectours Doctours Masters and Regents of the mother nurse the Vniversity of Paris health and blessing from God Almighty Our beloved sonne Ieffrey Boussard Chancelour of Paris will by our direction deliver unto you a certaine suspected booke full of injuries against the Councels of Constance and Basil and against ours and against Iohn Gerson the maine defender of the Church made by a certaine Frier Cajerane a bold fellow and a dangerous who we desire may be corrected according to his desert Wherefore we desire you in the name of the Lord to examine and diligently to sift that booke and speedily to send us â—â—ur resolution and opinion of it to the end that we may proceed with your sage advice according to the merit of his boldnesse See here their most respective letters and withall those which were writ unto a company which hath alwaies beene reputed in effect the eye and light of the world 9 Let us now speake of the approbation of Princes and Provinces First it is to be observed that the Deputies of the chief nations in Christendome were present at the Councell of Constance to wit of England France Germany Spaine and Italy As is apparent from the Acts of it and from the testimony of Platina who speaks thus of it The affaires of the Councell saith he were managed by the votes suffrages of five nations to wit of Englandâ— Italy France Germany and Spaine All that was decreed and resolved upon by suffrages of these nations continued firme and strong and was proclaimed and publiquelie declared by a cryer or publique notarie insomuch that it was afterwards confirm'd by the generall consent of all 10 The Ambassadours of divers Princes were at the Councel of Basil namely of the Emperour the King of France the King of Spaine and others The Decrees thereof were also approved in the diet of Mentz in Germany by the Electours of the Empire and the Oratours of the Princes of Germany witnesse AEnaeas Sylvius afterward Pope Pius the second witnesse also the Vniversity of Erford in Germanyâ— which speaketh to the Councell aforesaid in this manner The Princes without all doubt or hesitation whatsoever have taken their oathes and yeelded obedience by themselves or their Ambassadours and lawfull Atturneys unto that sacred Councell as also after that in the Dyet of Mentz The pretended abrogation of this sacred Councel being already decreed admitting of it with certaine qualifications they make no scruple about the power of it as it is contained at large in the letters set out touching the acceptance of it in these words Wee accept and receive presently and without delay with all devotion and reverence the foresaid Decrees of the holy Councell of Basil with convenient caution as touching the correction and reformation of the things aforesaid some simply as they ly others with certaine formes and modifications Not that we doubt of the power of that sacred Councel which made them but to the intent that they may stand with the convenience of the times and manners of the said Countrey of Germany as it is hereafter specified The Vniversity of Vienna saith likewise to the same Councell That all Christian people called it a Councell lawfullie assembled and received it with all reverence 11 Our Kings of France have approved all these three Councels of Constance Basil and Pisa to wit the two former in the Pragmatique Sanction with certaine formes and qualifications which concerne especially the liberties of the Gallicane Church and doe not any wayes derogate from the power of the Councel over the Pope for the Decrees which were made in that kind are inserted there by name And the last together with the two former by the letters patents of King Lewes the â—welfth of the 16 of Iune 1512. And although Pope Eugenius the fourth was very earnest with King Charles the seventh to get him to repeale the Pragmatique Sanction and reject the Couâ—cell of Basil after the translation of it to Ferrara yet for all that hee could not obtaine it but answer was made to his Ambassadours That the King had acknowledged the Councell of Basil for a true Councel that hee had sent his Ambassadours thither that divers good things had beene there ordained concerning faith and manners which he approved of and that he never accounted that assembled at Ferrara for a Councel That for the Pragmatique Sanction his pleasure was it should bee inviolablie observed and kept The same Pragmatique Sanction which is nothing else but the substance of the Councels of Constance and Basil was afterward confirmed by King Lewes the twelfth after it had escaped shipwrack under Lewes the eleventh together with the Councell of Basil aforesaid by an Ordinance made in the yeere 1499. 12 Since that time there was a Concordat made betwixt King Francis and Pope Leo the 10 which derogates from it concerning the point of Elections Presentations and such like things but not in that which concernes the power of a Councell For see here what the same Prince saith of it to wit that To avoid the great dangers which may happen hereafter about the recalling of the Pragmatique whether such revocation be obeyed or it bee not which may bee foreseen by all such as are well affected hee hath made certaine Concordats with the holy See Apostolique Now in these agreements there is nothing expressed either for the confirmation or abrogation of these decrees concerning the power of Councels although that was the maine cause that stirred up the Popes hatred against that poore Pragmatique And if so it is yet further to be observed that the Vniversity of Paris hath put in an Appeale from such Concordats to a future Councel CHAP. VII A confutation of their reasons that maintaine that the Pope is above a Councel THe Popes are in default who have endevoured to obscure this truth yea desired to overthrow it in the suit either by their proceedings or by their Decrees and their Conventicles or by the writings of their hireling Doctours whom it is now my task to answere but very briefly because it is none of my proper designe beside that which I have touched upon above may suffice abundantly 2 Their maine incounter is with the Councels of Constance and Basil yet so as they cannot agree amongst themselves about them For some of them say It was not absolutely determined by them that Generall Councels have power over Popes but onely in one case to wit when there is a schisme and it is doubted who is the true Pope But the very words of the two Decrees which we produced in the former chapter doe sufficiently refell them so that we need say no more of that They doe not onely give the Councell power over Popes in case of schisme but in all that concernes the faith in all that concernes the reformation of the head and members and all things that depend thereupon 3
I know what the matter is when the fires were kindled over all France to burn them all alive Religion was then a case Royal. But when the question is about a necessary reformation of the Clergie or Monkery or sending Pastours home to their flocks this is a case Synodicall or Papall For as I remember I have heard some distinguish so and those eveâ—â—â—â—hops themselver As if Princes were no more but miâ—isters of another zeal ofttimes indiscreet and without knowledge that I say not executioners of cruelty and not rather Guardians Protectours and externall defendours of all the constitutions of the Church as her children 3 But let us here shew by good examples and sufficient testimonies in what fashion Secular Princes have medled with such things as concern the Church The first lesson which God gives the King which would bee established over his people is this It shall bee when he sitteth upon the throne of his Kingdome that hee shall write him a copy of this law in a booke out of that which is before the Priests and the Levits And it shall be with him and hee shall read therein all the dayes of his life that he may learne to feare the Lord his God to keepe all the words of this law and these Statutes to do them According hereunto the Lord speaks thus to Ioshua whom he had chosen to be the governour of his people after Moses This booke of the law shall not depart out of thy mouth but thou shalt meditate therein day and night that thou mayest observe to doe according to all that is written therein 4 Let us now see how these Kings and Governours behaved themselves in the ancient Church and the power which they tooke upon them without rebuke or to speake more properly with approbation David gathered together all the Princes of Israel with the Priests and the Levits Of which twenty and foure thousand were chosen to set forward the worke of the house of the Lord and six thousand were Officers and Iudges Moreover foure thousand were Porters and foure thousand praised the Lord with instruments which hee made to praise therewith And David divided them into courses among the sons of Levi. And a litle after And Aaron was separated that he should sanctifie the most holy things he and his sons for ever to burne incense before the Lord to minister unto him and to blesse his name for ever All this concernes the discipline of the Church and yet all was done by the conduct and command of David King Solomon built the Temple of the Lord in Ierusalem by the speciall appointment of God The son that shall bee borne to thee shall bee a man of rest Hee shall build an house for my name David would have built the temple himself but he was forbid by the Lord because he had shed bloud King Ioash repaired it afterwards And it came to passe after this that Ioash was aminded to repaire the house of the Lord. And he gathered together the Priests and the Levites and commanded them to goe out unto the Cities of Iudah and gather out of all Israel money to repaire the house of the Lord from year to year And when the Levites hastened not the King called for Iohoiadah the chief and said unto him Why hast thou not required of the Levites to bring out of Iudah and out of Ierusalem the collection And at the Kings commandement they made a chest into which every man brought his share and portion that Moses had laid upon them This money was brought unto the King and distributed by him and the high Priest amongst those that wrought about the temple 5 The Emperour Charlemaigne who was as great in Ecclesiasticall policie as in feats of armes speaks on this wise to the Clergy of his Empire in the preface of his Capitulary We have sent our Deputies unto you to the intent that they by our authoritie may together with you correct what shall stand in need of correction We have also added certaine Chapters of Canonicall ordinances such as we thought to bee most necessarie for you Let no man I entreat you thinke or censure this pious admonition for presumptuous whereby wee force our selves to correct what is amisse to cut off what is superfluous and briefly to compact what is good But rather let everie man receive it with a well-willing minde of charitie For wee have read in the booke of Kings how Ioas endevoured to restore the Kingdome which God had given him 〈◊〉 â—he service of the true God by going about it by correcting and admonishing it 6 Wee have elsewhere said that he discoursed himselfe about points of divinitie at the Councel of Francfort Nor doe wee ever finde so many Synods holden as in his reigne and all by his command which is a faire prâ—siâ—ent for his successors By his command saith Regino there were Councels celebrated in all parts of France by the Bishops about the state of the Church One was held at Mentz another at Rhemes a third at Tours a fourth at Cavaillon a fift at Arles and the severall Constitutions which were made in every one of them were confirmed by the Emperour Besides these five which were held in the yeare 813 namely but one yeare before his decease hee called one at Worms the year 770. One at Valentia in 771. Another at Worms in 772. Another at Genes the yeare 773. Another at a place called Duria in 775. Another at Cullen 782. A third at Wormsâ— 787. Another at a place called Ingeluheym the yeare 788. And a Generall one consisting of all the Westerne Churches at Francfort the yeare 794. Besides others which may be observed out of histories 7 See now then how Kings have a commanding power over the Clergy how they make Ordinances about such things as concerne Ecclesiastical discipline how they ingage themselves in such matters above all others yet not so as to minister in the Church to offer incense or such like For this belongs properly to the Church and cannot bee taken from them This is the reason why King Hezekiah speaks thus to the Priests and Levites when hee exhorts them to doe their dutie My sons be not now negligent for the Lord hath chosen you to stand before him to serve him and that you should minister unto him and burne incense Hee calls them sons or children that wee may observe so much by the way whereas our Canon law on the contrary saith that Bishops are the fathers and masters of Kings and Princes as wee have â—eene already It is not lawfull for Princes so much as to touch this mysterie and this is the reason why King Vzziah was smitten with a leprosie because hee had taken upon him to offer incense upon the altar and the Priests withstood him From whence our Popes make a wonderous â—â—range consequence when they concluâ—e from hence that Kings and Emperours cannot
for any of the faithfull to make appeal and by consequent not from the Councel neither forasmuch as concernes the Articles wherein it is certaine the Councell is governed by him and that hee presides there by a speciall grace and lustre to wit in what concernes faith the extirpation of schismes and the reformation of the Head and the members How can it be otherwise but an open contempt of the majesty of God and almost a piece of Idolatrie to appeale from a Councel to the Pope in such cases what is it else but to appeale from God himselfe who is confessed to preside in a sacred Councell for such things unto a meere man and to take the power of judging from God the Creator and devolve it upon a man what is it else but to preferre a man before God as a more just Iudge than he 5 The Vniversity of Cracovia gave also their advice and counsell concerning this point unto Ladislaus King of Poland and Hungary consonant unto the former but farre more large containing some very prety reasons to prove that the Pope is inferiour to a Councell out of which wee shall bring onely some passages to make it appeare what their resolution was First of all it is said That a Generall Councell representing the Church Catholique is a rule directed by the Holy Ghost and given by Christ Iesus which every one is bound to hear and obey of what estate and condition soever he be although he be a Pope And in another place Whence it followes that the Pope is not head of the Catholique Church nor of a Generall Councell which represents it but he is head in respect of particular Churches and particular members in the Church In reference to whom he is supposed to have full power as the Vicar of Christ. And elsewhere Wherefore let this bee the third conclusion concerning this point That every Generall Councell lawfully assembled in the name of the Holy Ghost doth represent the Catholique Church and hath its power immediately from Christ. This proposition hath no need of proofe considering that it hath its proofe and foundation from the decree of the Generall Councell at Constance See here the very words of it that wee may not bee put to repeat them hereafter These are the two Decrees of the said Councell which wee have inserted here before After which it is said Behold the Constitution of the sacred Councel of Constance which may suffice to make any man content unto this conclusion considering it is the assertion of the Catholique Church After the proofe of the said conclusion they proceed unto the fourth in this manner And forasmuch as the Catholique Church and the Generall Councell which represents it hath its power immediately from Christ by the foâ—mer conclusion let this now bee the fourth The power of the Church Catholique as also of every Generall Councell lawfully assembled which doth represent it is above the power of the Pope and all other power whatsoever upon earth to which every one of what estate condition or dignitie soever hee bee though it bee Papall is bound to obey and submit himselfe And if he will not obey he may be punished with condigne punishment This conclusion they prove by many reasons and authorities which it would be long to set downe in this place Wee shall onely say how that serving themselves with the authoritie of the Councell of Constance and having related at large all that passed in that respect they adde All which facts of that Councell are and will be a perpetuall memoriall unto succeeding generations Whence it plainly appeares whether a â—enerall Councell have any jurisdiction over the Pope or no. Which every bodie that hath any judgement may easily know Where it is to bee observed that the authoritie of the Councell of Constance was not any way doubted of in those dayes but continued generally approved by all in this respect In another place it is said Whence it may be inferred that although it be convenient the Pope in some sort should be called the head of the Church yet ought he not therefore to preferre himselfe before the Church Yea it might perhaps be inferred from hence that eo ipso because hee quarrels with the Church for superioritie either in his actions or affection hee not onely is not superiour but also that he is no member of the Church as one that is ill opinion'd of the authoritie of the holy Mother the Church and deficient in the true faith It is further said towards the end of that conclusion Whatsoever hath been heretofore delivered in this point by the Glosses and Doctors sometimes for the affirmative sometimes for the negative part we must now stand to the decision of it made by the sacred Councell of Constance for as much as concernes those cases expressed in their Decree to wit when the question is about faith or the extirpation of schismes or the reformation of the Church in the Head and members and in cases thereunto belonging as when the controversie is about a notorious scandall and so of others In all these the Pope is inferiour to a Generall Councell And if any man be strongly confident of the contraryâ— he ought to bee esteemed a heretique I could yet extract some other passages but see here is more than needs for them that hold the contrary 6 Now we come to our Vniversities of France which have all approved this opinion That the Pope is inferiour to a Councell Which they did not by their severall counsell and advice as those of Germany and Poland but being all Synodically assembled at the Councell of Bourges together with all the Prelates and chiefe Lords of the Land as it is affirmed in expresse termes in the narrative of the Pragmatique Sanction whose words wee have set downe in another place 7 And for that of Paris as she excels all the rest in dignitie and knowledge so hath she perform'd the bravest exploits in this regard For shee not onely approved the Decrees of the Councels of Constance and Basil at that time but even after that when she saw that Pope Leo the tenth went about to repeale them in the Pragmatique Sanction by the Councell of Lateran and by the Concordats made with King Francis shee put in an Appeale to a future Councâ—ll with such masculine and generous termes as the honour of France might require as appeares by certaine passages which we have drawne out of them bâ—foâ—e when we spoke of Appeals from the Pope to a Councell 8 Besides the second Councell of Pisa holden in prosecution of those of Constance and Basil did her the honour to desire her to write against Cajetans booke wherein he maintaines that the Pope hath authoritie over a Councell See here the letters which were writ unto her upon that occasion The holy Councell of Pisa lawfully assembled in the name of the Holy Ghost representing the Church Catholique and by way of continuation removed to
Councell 8 But not obtain'd 9 Exemptions how used in France Chap. V. p. 327. 1 THe power of granting pardonâ— for criminall matters 2 Allowed to the Pope by this Councell 3 Vnknowne to antiquity 4 Being the true right of Princes Chap. VI. p. 328â— 1 THe number of Papall Constitutions and Decrees complain'd of to this Councell 2 Yet not abated but all confirm'd by it 3 Many whereof were not received before 4,5 Ancient complaints made against them 6 By what degrees Popes usurped upon Princes by themâ— 8,9 Many pretended Decretals are supposâ—titious 15 Many abusive 17 And derogatory to the Imperiall lawes 19 The worst Popes authours of them And the greatest enemies to Princes Chap. VII p. 335. 1 THe censure of all bookes left to the Pope by this Councell 2 The extent oâ— this power and mystery of the Index expurgatorius 3,4 Wherein they condemn all authours that stand for the rights of Secular Princes 5 Or of Councels against Popes 6 And all that have writ against the abuses of their Court 7,8 c. And by the like reason they may condemne all or most of the lawes of Princes and liberties of the Gallican Church BOOKE VII Chap. I. p. 341. 1 THat this Councel tends to the depressing and abasing the authoritie of Christian Princes 2 By robbing them of their temporall jurisdiction 3 Especially in case of duels That a Councell hath no coactive jurisdiction over Princes This proved by authority of Scriptures 4 And ancient Fathers 5 And Popish authours 6 All coactive jurisdiction derived from Princes 7,8 Over the Clergie variously exercised by the Imperiall lawes 9 What use the Popes make of them 10 They doe not binde present Princes Chap. II. p. 346. 1 THat a Councel hath no power in temporall matters Proved by authoritie of Fathers against the Trent Councel 3 By the practice of Popes 5,6.7 And ancient Councels 8 By reason 10 Secular Princes may require subsidies of Clergie men 11 Even by the Canon law 12 If they have any exemptionsâ— 13 As they have many 14 They were first granted by Princes Such subsidies injustly prohibited by this Councell 15,16 And some former Popes Chap. III. p. 352. 1 EXcommunications abused by Popes against Princes 2 Kings should not easily be excommunicated 3 As they are by this Councel 4 The King of France claimes a priviledge and exemption from excommunication 5 And why 7,8,9 This priviledge acknowledged by Popes 10 Maintained by Parliaments 11 Confirmed by Popes Chap. IV. p. 355. 1 THis Councell useth commanding termes to Kings and Princes and makes them but the Bishops officers and executioners of their Decrees 2 Contrary to the practice of former Councels 3,4 c. This makes Princes inferiour to Priests in point of honour 9 How much the Pope is greater than the Emperour 11 12 The humility of ancient Popes and the great respect they used to Kings and Emperours Chap. V. p. 359. 1 THe authority of Kings in the Church and over the Clergie 2 More in right than in fact 3,4,5 They are the patrons and defenders of the Church 6 And have power to reforme it 7,8,9 This power confest by Popes 10,11 And Popish writers 12,13 Exercised by Emperours 14,15 c. And kings of France Chap. VI. p. 365. 1 THat Emperours and Kings have in all ages made lawes of Ecclesiasticall politie and discipline 3,4 Both before Christ 5,6 And since 7 That they had power so to doe But not to administer the word or sacraments 8 Especially the Emperour the Kings of England and France 9 10 c. This power of Princes coâ—fessed by Councels and adâ—itted by Popes 16 Who became suiters to them in that behalfe 17,18 And proâ—oters of their ordinances Chap. VII p. 371. 1 THe King of France wrong'd by this Councell iâ— point of precedence before the King of Spaine 2 3 The quarrell betwixt their Ambassadours at Trent about it 4 The Spanish party favoured by the Pope 5,6,7,8 And by the Councell 10,11 The King of France his right proved by Councels 13 Doctors 14 Even Spaniards 15 The Popes prevaricaâ—ion in the cause 16 Which is not yet decided Chap. VIII p. 377. 1 INdults and expectative graces utterly prohibited by this Councell 2 But tolerated by the lawes of France and practised there 4 All power in excommunications either for procuring or prohibiting them taken from Civill Courts and Magistrates by this Councell 5 Contrary to the law and custome of France Where the kings by their officers doe decree them 6 Or prohibit the execution of them 7 Thereby curbing the attempts of Popes 8 Prejudiciall to the lay Iudges 9 Censures and excommunications abused by Popes 10 And therefore opposed by Princes 11 A reformation required at Trent 12,13,14 And before that they might be used for petty matters 16 Yet no remedy obtained Chap. IX p. 383. 1 THis Councell disposeth of the goods of Religious persons Contrary to Law 2 Gives Mendicants leave to possesse lands contrary to their Order and its owne Decree 3 And the lawes of France Notwithstanding the Popes dispensation 4 This Councell cancels some leases of Church lands injustly because without the Kings leave 5 It ordaines about commutation of last Wils contrary to the lawes of France Chap. X. p. 385. 1 THis Councell commands all Clergie men to receive the Decrees without regard to their Princes consent 2 Contrary to the practice of other Councels 3 It denounces excommunications in case of refusall Requires an oath of obedience Disaâ—lowes toleration of Religion 4 Approves violence in rooting out heresies 5,6 And ordaines the Inquisition for them 7 Contrary to the Edicts of pacification in France 8 The prejudices done by this Councell admit of no qualification 9 And therefore it hath beene justly rejected Faults escaped Pag. Line Fault Correction 24. 37. preceed preside 31. 18. to staine â— to staine 40. 36. Trent Tyre 41. 34. Rhegno Rhegino 58. 9. a. dele 64. 21. Holynesse Highnesse  32. discords disorders 71. 43. Of Chartres Of the Charterhouse et 224. 5.   75. 24. Fontanus Fontanus hath put  marg Alberius Albericus 81. 3. exequeter one yeeros exchequer one yeares 83. marg Valoterran Volaterran 86. 41. Princes Provinces 94. 33. this in this 95. 9. Apostles Apostle 101. 40. rank instance 109. 24. gave have 121. 46. writ went 122. 53. Avarus Alvarus 125. 30. in into 130. 46. at as 159. marg Radericus Radenicus 166. 34. Sismand Sisenand 187. 10. Empâ—rour Emperours 191. 27. assembling ascribing to him 194. 13. commanded them that dele 222. 22. to wit dele 241. 2. that by that 251. 36. found founded 253. 26. blessed the blessed 257. 47. the. at the. 265. 5. they an the. and. 269. 3. to Popes to the Popes 278. 16. Monarchie Monarch 288. 42. you yon 293. 4. Doctour rings Doctours Kings  5. eight right  33. were they were 296. 42. Churches clutches 307. 21. honour under order over 310. 41. Iudges Royal Ordinaries Ordinarie Iudges Royall
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
it but for countenancing and favouring some body briefly such as that there are more private respects than publique in it Nor was there only a want of French Bishops and Ambassadours there but besides in all the Sessions holden under those two Popes there was but a very small number of Clergy men so that it cannot bee said that it was a generall Councell 4 As for the other Sessions under Pius the fifth from the 18 of Ianuary 1562 till the end of the Councell the Bishops and other Ecclesiastiques of France were there indeed howbeit no great store as also the Ambassadours of Charles the ninth But marke what is urged That which is invalid from the beginning cannot be made valid by tract of time the last Sessions could not legitimate the former nor purge them of that vice which was inherent in them We may adde moreover that the same plea of enmity which was alledged for Protestants holds good also for our Kings of France inasmuch as Pope Iulius the third tooke part with the Emperour against King Francis and Iulius the third with heart and good will made open warre upon Henry the second declaring him to be his enemy whereof he complaines in the forementioned act of Protestation as also that he sought peace and quietnesse by the Lord Tervieâ— his Ambassadour and all other meanes possible but to no purpose CHAP. XI The nullities of the last Sessions AS for those latter Sessions under Paul the fourth it is urged that being built upon a weake and fraile foundation they cannot hold out against a tempest buâ— must of necessity fall to the ground Authorities for proofe of this have beene produced by those that writ before me Besides all the faults and defects of the former Sessions redound unto them and must be reckoned and imputed to them too as also all other nullities which we have hitherto insisted upon seeing they belong as well to the last Sessions as the first Over and above all this we will here adde the complaints that have been made of the inujust proceedings of that Councell The Emperour Ferdinand in his letters written to Pope Pius the fourth May the third 1563 faith Wee have with great griefe of heart been given to understand that in this holy Councell things are not carried in that order and fashion as wee and all devout people could wish and which the miserable state of the Christian common-wealth and our distressed religion might justly require which growes lesse and lesse every day it being to be feared that if convenient remedies bee not presently applyed the issue of the Councell will bee such as will minister scandall and offence to all Christendome and occasion of laughter to such as have cast off their obedience to your Holynesse and the holy Apostolique See and of maintaining with greater obstinacy than ever those severall opinions repugnant to our faith which they have already embraced And a little after Alas what a pitifull thing it is that the Fathers and Doctours in the Councell should begin to abandon themselves to quarrels and contentions to our great losse and discredit and to the scorne and derision of our adversaries 2 Arnalt Ferriers President in the Court of Parliament of Paris in that oration which he made in the Councell September the 22 1563 assisted by the Lord of Pibrac complaines thus That the Councell did not set about the reforming of the Church as they ought to doe That it was not the reformation of those which are dead or those which shall come after which was demanded Of whom then I will not tell you but it is easie to collect by enumeration If any will reply that there have beene certaine decrees made concerning reformation and that by them satisfaction is given to such things as were demanded We answer that they might indeed afford sufficient content if one thing might be paid for another without consent of the creditor That there was a great deal of stir about reforming those things that needed not That Kings and Princes were hereby deprived of their rights That censures and excommunications had been denounced against them That the liberties of the Gallicane Chuch have been beleaguerd whereupon according to the command which they had received from their Prince they were constrained to oppose themselves as they did 3 I have seene the letters of King Charles dated August the 28. 1562 written to his Ambassadours the Lords of Ferriers aud Piâ—rac wherein hee commandeth them to retire from the Councell and to cause the Bishops of France to retire also In another oration of his spoken about the end of the same September complaining of the wrong done to the French King touching precedency hee said That the French would not acknowledge Pius the fourth for Pope and that according to the command which they had received they charged the Bishops and other Ecclesiastiques of France to retire themselves and depart from the Councell They were so hot then that the Councell was upon the point of inditing them yea they had entred the action when they went to Venice from whence they writ a letter to the Lord Cardinall of Lorrain that stayed at Trent dated the 24 of October 1563 wherein they complaine unto him that some French Bishops blamed their proceedings and amongst others the Archbishop of Sens who had said that it was all one as to turn Protestant that is Heretique which they stranged very much at seeing they had done nothing in that matter but by speciaâ—l command from the King And in the letter which they writ to King Charles from Venice the 25 of November 1563 they certifie him of their departure from the Councell according to his command telling him particularly the great motives they had of so doing 4 The nullity of their proceedings shall more plainly appeare by such reasons as we shall urge in the following Books where wee shall shew how this Councell hath not had so much regard to the justice of the maine demands put up by Catholique Princes as to assert and augment that injust power which the Pope hath usurped over the Church and secular States and that it hath even trampled under foot the right of our Kings and the liberties of the Gallicane Church CHAP. XII That in regard of the protestations made by those that complainâ— of this Councell their right remaines entire 1 BUt before we passe to the handling of such points as concern the ground of the matter it is fitting we proceed to shew that there is nothing that stops our entrance or can hinder our passage that there are no pertinent or approveable reasons for the rejection of our plea. Amongst such as have reason to complaine some say they were not heard others that if they were yet that is no hindrance but the judgement may be reiteratedâ— So then here is the question if so be they may have a hearing whether there must be a Councell assembled againe or
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
are exacted without delay yea not only those annates that were granted by Princes for three yeers in the time of Pope Calixt the third are yet in force but are enhansed dayly pressing and oppressing more grieuously than â—ver And if the Princes doe not take an order with it all the gold and silver raked and squeazed out of Germany will be carried to Rome at time and time as into an holed sacke and an insatiat gulfe the dismembring of monasteries and chopping of Churches are allowed against all right and reason the government and administration of Churches are not bestowed on those that deserve bestâ— but those that bid most the elections made by Bishops are commonly rejected and devolved to them of Rome great store of money is exacted and extorted for the purchase of Bishops pals to the detriment of the Churches At last he makes this Epilogue By reason of the foresaid grievances and such like as proceed from the Court of Rome there growes nothing but ruines destructions and miseries over all Christâ—ndome Conclude wee then that there was good reason why the Emperour the King of France and the States of Germany demanded this reformation of the Head and Court of Rome and no reason why it was denyed This is not all wee must now see in particular where in this reformation conâ—ists at least for the maine heads of it and shew in particular the abuses that are to bee corrected and the plaints that were put up against them CHAP. III. Of the Popes too great care about temporall meanes and of their greedinesse in getting them 1 THe first thing that ought to bee reformed in the Church of Rome is the over-great care which the Popes take of temporall things now-adayes and the trick they have got of raking up goods revenues and riches together of setting their hearts wholly upon them with an ardent and inordinate desire yea so far as they forget spiritual matters and set light by them AEneas Sylvius who was afterwards Pope Pius the second makes the president of the Councell of Basil speake in this manner This decree was necessary to divert the minds of the Popes a little from the care of temporall things seeing they never thought of spirituall He speaks of that decree whereby the Popes power was abated and made subject to the power of a Councell But they knew well enough how to take order with it afterwards by meanes of the Councels of Lateran and Trent who have given them the upper hand and shamefully sold the liberty of the Church 2 Cardinal Cusan speaks of this matter more at large The Pope saith he hath hooked unto himself so much money by investitures that they complaine generally in Germany not that they are over-charged but that they are quite broke and utterly undone there is a raging appetite after the temporall meanes annexed to Churches which possesseth the hearts of our ambitious Bishops now adayes so as wee see them commit that openly after their promotion which they laboured for underhand before All the care is of the temporall none of the spirituall That was not the meaning of the Emperours they never intended that the spirituals should bee swallowed up by the temporals which were bestowed on Churches for their augmentation And presently after The Court ingrosseth unto it selfe all the best and the fattest and that which the Empire hath set apart and ordained onely for the service of God and the publique good by pretended reasons and new inventions is diverted another way since lust and avarice have so seized upon it that what was Imperiall is now made Papall and the spiritual temporall 3 Theodorie of Nihem in his third booke De Schismate speaking of the large revenues which the Emperours had bestowed upon the Popes saith What comes there of all this pompe of so much temporall meanes wherein the Church of Rome prides her selfe in these times but a neglect of spirituall matters a setting up of tyrants over them a many divisions and schismes in that Church and many other malladies This is well enough knowne 4 Mr. Iohn Gerson in his book De Ecclesiastica Potestate after he hath spoken of divers abuses of the Popes he addes What shall we thinke is to bee said of an infinite number of such like things that are done casting aside all care and regard of all spirituall and divine matters which concerne the Christian faith and religion 5 It is a wonder to thinke whither the ardent desire of getting hath transported them They have not spared Gods service and all that depends upon it to attaine their ends to become rich and make themselves great Lords They have spared neither Croisada's excommunications nor any thing that is most holy and sacred which they have not made stales to their avarice luxurie and ambition not without treason against the Divine Majesty We speak too much hereof of our selves although we doe not say all let us give place to our witnesses to speake who wee desire may beleeved and not our bare word In the first place let us produce those that testifie the setting to sale of spirituall and holy things which is practised at Rome We will marshall the Popes owne domestiques in the front See what is said to this purpose in an addition to the Canon Law taken out of Iohannes Andraeas and inserted in the glosse The same Iohn the Monk said that Rome being founded by robbers doth yet retaine her first originall being called Roma quasi rodens manûs because she corrodes the hands and he added that verse Roma manus rodit Quos rodere non valet odit The hands Rome grates Or if not so she hates The elegance of the French complies with the Latine Iames Fontanus puts this other in the margent borrowed from the glossator of the Civill Law Rome is the fountaine head of avarice And therefore all things there are at a price Gregory the thirteenth hath expunged all these additions in his new purgation of the Canon Law It were fitting that covetousnesse were blotted out of their hearts not their books Avery of Rosate an ancient commentatour of the Law mentions the forecited verse and puts this other to it Dante 's custodit Non dantes spernit odit The givers it protects The rest hates and neglects 5 AEnaeas Sylvius before he was Pope writ to a brother to his There is not any thing which the Court of Rome bestowes without money even the imposition of hands and the gifts of the Holy Ghost are set to sale there no remission of sins but to such as have money Pope Honorius the third in his letters to the Clergy of England doth freely confesse the villanie of his Court but to a pretty purpose I trow mark what the English Monks say of it And though the Popes Nuncio did publiquely rehearse before them all the letters wherein the same Pope did alledge the scandall and old reproach
them with the appointment of the time and place CHAP. V. This maxime Thaâ— a Councel is above the Pope proved in expresse termes 1 WHerefore notwithstanding these examples objected to the contrary considering the weaknesse of them wee may justly inferre that the aâ—cient Popes having confessed and acknowledged the authority of Councels to be greater than their owne having been judged and condemned by them both in matters civill and criminall as also appeals from their sentence unto Councels having been allowed therefore they are inferiour to them and ought at this day to acknowledge their power and authority But wee must yet undertake a greater task and shew that this maxim That a Councell is above the Pope is in expresse termes in the Decrees of Councels the Constitutions of Popeâ—â— the decisions of Doctours the opinions of Vniversities and the approbations of Princes and Provinces 2 Wee can scarce bring ought from them any higher than since the Councell of Constance by reason that the question was not yet on foot and they never thought of resolving iâ— in expresse termes Yet this was the opinion of the first Councell of Pisa which was holden before that of Constance which deposed two Popes at one time and created another in â—â—ed of those two who was acknowledged for a true Pope namely Alexander the fifthâ— And for the fact heare what Nauclerâ—â— saith of it It was disputed a long time at the Councell of Pisa about the pretended deposition of the Popes principally by Lawrence de Rodulâ—is Doctour in both Lawes and Professour at Florence to wit whether supposing it for true that the two Popes scandalized the Church by the open violation of their oathes and of the vow which they had made for the union of the Church considering they had no regard of it but by mutuall collusion did dissemble it and that a most wicked schisme is very harmefull to the Church Whether I say the Cardinals might call a Councellâ— and both Popes being cited to the Councell and not appearing but persisting in their contumâ—â—y might be deposed and whether they might proceed to the election of another Whereupon after a long dispute in the presence of many Doctours of Divinity and both the Lawes it was at last resolv'd without contradiction they all being of the same minde that it might be lawfully and Canonically done 3 As for that of Constance the formall Decrees of it are extant in the fourth and fifth Sessions The holy and Generall Councell of Constance doth ordaiâ—â— and declare that a Synod lawfully called in the name of the holy Ghost making a Generall Councell and repreâ—enting the Catholique Church militant hâ—â—h itâ— power immediatly from Christ to which every one is bound to obey in what estate or dignity soever he bee set though it bee in the Papall forasmuch as concerneâ— faithâ— the extirpation of Schisme the generall reformation of the Church of God both in the Head and members This iâ— the former Decree but the sâ—â—ond is yet more expresse Item it declares that whosoever shall neglect to obey the commands statutes ordinances or decrees of this â—acred Synodâ— or of any other Generall Councell lawfully assembled in the things aforesaid 〈◊〉 others tâ—â—â—â—to appertaining made or to bee made if hee doe not repent of it hee shall undergoe a condigne penance and shall be severally punished yea and that with recourse if need requâ—â—e to other remedies of law against him 〈…〉 estate or dignity soever hee bee though he be Pope These Decrees were confirmed by the Councell of Basil and inserted â—ord for word in the second Session held in the year 1431 and againe in the sixteenth and eighteenth Sessions in the year 1434 and in the thirty third Session holden 1439. The Councell holden at Bourges in our Realme of France under 〈◊〉 the seveâ—â—â— in the yeaâ—e 1438 confirmed the same Decree and transcribed it verbatimâ— into the Pragmatique Sanction 4 There was another Generall Councell holden at the City of Lausanne in the year 1449 where Pope Felix abâ—ured the Popedomeâ— and Pope Nicholas the fifth was confirmed in his place The Acts of that Councell which was a Generall one contain only foure pieces to witâ— the renouncing of the Popedome by Pope Felixâ— a general absolution of excommunication the new creation of Pope Nicholas the fifth and the dissolving of the Councel Whence I have extracted these ensuing places which serve for this purpose In the first Act Wherefore there is need of strong and ready succours forasmuch as the authority of sacred Generall Councels now more stirred than ever doth not onely shake but is already borne downe to the ground For the decision of the Sacred Councel of Constance which ought never to be forgotten is not yet quite oâ—t of memory to wit â—o wit that a holy Synod lawfully called in the name of the Holy Ghost making a Generall Councellâ— and repreâ—enting the Catholique Church militant hath its power immediately from Christ to which every one is bound to obey in what estate or dignity soever hee bee set though it bee the Pope for as much 〈◊〉 concernes faith the extirpâ—tion of Schisme and the generall reformation of the Church of God both in the Head and the members â—o the creation of Pope Nicholas 't is said To set the holy Church of God aâ— peace and union wee have directed our petition to the person of Thomas the welbeloved sonne of the Church called Nicholas the fift in his obedience hopeing that he will doe what onâ— that is to be Pope ought to do having understood by credible information that he beleeves and followes that which is truth for the preservation upholding of the authority of Sacred Councels so as it was determined declared at the most sacred Synod of Constance renewed at the holy Councel of Basilâ— received preached and dogmatically delivered by the Prelats Kings Princes and Vniversities of the earth to wit that a generall Synod lawfully called in the name of the Holy Ghost making a Generall Councell c. Which is the Decree of the Councel of Constance at large as it was above rehearsed 5 In the year 1512 there was another Generall Councell holden in the city of Pisa afterwards removed tâ— Milan where these same Decrees of the Councels of Basil and Constance were afterwards confirmedâ— So saith King Lewes the twelfth in his letters patenâ—s dated the 16 of Iune 1512. verified in the Court of Parliament containing an approbation of the said Councell together with his letters written to the Vniversity of Paris containing an exhortation and injunction to them to examine the booke of Thomas de Viâ— Cajetano intitled De comparatione authoritatis Papae Concilii which hee had writ against the Councels of Constance Basil and the second of Pisa and likewise against Iohn Gerson Chancelour of Paris But there is no need of seeking proofes abroad considering that the very Acts of the Councel it selfe do
in the 18 of St. Matthews Gospel Tell it unto the Church Where as it is collected from that which follows is signified the power of jurisdiction given to the Church Synodically assembled And there are many good writings upon that subject and divers â—estimonies of Scripture whereby that truth of the Councels of Constance and Basil is confirmed There have been infinite books and treatises writ of it already The second part is cleare inasmuch as the sonne the servant the Scholar is bound to obey his mother his maistâ—r his schoolmaister but the Church is the mother the mistresse and the pedagogue of all the faithful in Christ of which number the Pope is one though he be the eldest sonne and the chief servant styling himself not in a feigned humility but in a Catholique verity Christs Servants Servant and the principall among all the other disciples of the faith So then he is set as the rectour pastour and Doctour of the rest of the faithfull of Christ in Christs corporall absence who is alwayes mystically and spiritually present and by Christ the spouse of the Church the father lord and maister of the faithfull by the authority of Christ and of the Church his wife and Spouse which is another new Eve sacramentally taken out of the side of the new Adam sleeping upon the crosse and joyned in marâ—iage with him as th'Apostle witnesseth This is a great sacrament betwixt Christ and the Church not betwixt Christ and the Pope Whence it is easie to shew that the Church Synodically assembled is a judiciall consistory and supreme over all the faithfull of Christ. And from hence also the third part of the conclusion is evident inasmuch as no party can transferre or dissolve the Iudges Seat at his pleasure For if the Pope had this power he should bee above not under the Church using not a mere borrowed power of the Apostolique keyes but an absolute free Princedome a jurisdiction belonging to himselfe And hee should not bee only the Pastour and steward over the sheep and lambes of Christ but the King and Pastour of his owne sheep against that which is said in the last of St. Iohns Gospel Feed my sheep hee â—aith not feed thine own Besides if the part had power over the whole the thing contained over the continent the particular badnesse of the Pope might oversway the universall good of the Churches intention and the Popes pleasure should be a law to the whole Church And that Church which in one of the Articles of our Creed we beleeve to bee holy built upon the immoveable rocke of our Christian faith should be made subject to a moving to a moveable and erring Prince against which saith Saint Ierom neither vices nor heresies which are meant by the gates of Hell shall ever prevaile 3 The Vniversity of Erford was of the same opinion and gave the same advice concerning the receiving and approbation of the Councel of Basil which they directed to Theodorus Archbishop of Mentz in the year 1440 we will here set downe some passages of it Now it is fitting to set which of the two ought to bee obeyed whether Eugenius or the holy Councel having shewed the validity and subsâ—stence of the Councel of Basil the superiority and preeminence of the Councel is proved thus Although the Pope or supreme Bishop bee so the principall part of the Church or in the Church that there is no one member of the said Church or particular councel greater or more principal than he nor indeed so great as he is avowed and acknowledged to be by all those that have treated of the power of the Pope Yet no Catholique that will understand the maâ—ter can eâ—er doubt but that the whole Church or a firme and subsistant Generall Councel 〈◊〉 greater than he and his superiour in matters that concerne faith or the extirpation of schismes or the generall reformation of manners For this was determined by the authority of the Church Catholique at the sacred Councell of Constance and confirmed at the holy Synod of Sens and of Basil in these words That a Synod lawfully assembled in the name of the holy Ghost making a Generall Councell and representing the Church militant hath its power immediatly from Christ to which every one is bound to obey of what estate or dignity soever hee be though he be Pope in matters which concerne c. And although this declaration of the Catholique Church might suffice alone to prove the supreme authority of sacred Councels upon earth yet notwithstanding for the greater confirmation of what hath been spoken That the rest of the body of the Church excluding the Pope if he bee contrary to it hath this authority there may be brought both reason and experience and authority In the first place reason teacheth us c. After they have proved this in manner aforesaid at last they conclude in this sort Considering then that all General Councels are grounded upon such authority that if they be assembled about faith reformation of manners that which belongs thereunto every man from the least to the greatest is bound to obey them as also considering they cannot erre and that the sacred Councel of Basil continues firme and undoubted untill this day as hath beene proved From hence three things are inferred First That if a General Councell and the Pope though hee bee truely and reallie Pope be at variance and command contrary things the most illustrious Princes Electours and all other Christians ought and are bound to obey the Councel and leave the Pope The second that the sacred Councell of Basil and Pope Eugenius that was commanding contrary things they are bound to yeeld obedience to that sacred Councel and not to Eugenius Yea to account him no Pope seeing the Councel had power to proceed to the deposing of him for his disobedience The third that they are bound to obey the most holy Pope Felix who was chosen by the Councell 4 The counsell and advice which the Vniversity of Vienna gave to the Archbishop and Metropolitan of Salizburg upon his request made unto them is conformable to the former To the second namely whether the holy Councell of Basil had full power to proceed against Eugenius and to depose him and create another it is answer'd That the holy Ghost hath openly declared by the Organ of the sacred Councel of Constance that the Church and a holy Councell whâ—ch represents it hath such a power over any man whatsoever he be although he be placed in Papall dignity Afterwards they adde the Decree of the said Councell which hath beene here alledged already together with another of the same Councell made against those that doe not obey the commandements thereof though they be placed in dignity Papall And in another place 't is said It followes then that the Holy Ghost is there at the General Councel but not as a subject but as a supreme President from whom it is not lawfull
libels just as it is at this present This he delivers in his Commentarie upon the three lawes of the Emperour Constantine and the two of Constantius made in this case which wee read at this day in the Code of Theodosius 5 Those words of the Emperours Valentinian and Valens are also remarkable If any man have any care of his devotion and the publique safetie let him professe his name and with his owne mouth speake what hee intended to prosecute by defamatorie libels This may well bee referred to libels in case of religion nor was it ever meant by those Emperours in any other sense Now all these forementioned constitutions with some others of the same Valentinian and Valens Arcadius Honorius and Theodosius lay a punishment upon the authours of such libels and the Publishers of them committing the cognizance and execution of that punishment unto their Officers and Magistrates directing those very lawes unto them to the intent that they might observe them in their judgements 6 An infinite company of the Ordinances of our Kings speake expresselie of defamatorie and scandalous libels which concerne matter of religion they prescribe what punishment shall be done upon them what paines the authors printers and publishers shall endure and in expresse termes assigne this jurisdiction to the Iudges Royall Of this kinde is that of King Henry the second of the eleventh of December 1547 made at Fountainbleau and another of the same Prince made at Chasteaubriant the yeare 1551 that of Charles the ninth made at Mante the tenth of September 1563 that of the States of Molins in the 77 Article and an infinite companie besides which stirre up the jurisdiction in this point 7 I shall content my selfe with setting downe the words of one of them only namely that of King Charles the ninth made at Mante the tenth of September 1563 which speaks of defamatorie libelsâ— placards pasquils and such like things in matter of Religion and as for the point of jurisdiction ordaines as followeth Commanding all publique Magistrates Commissaries of the countrie and other our Officers whom it may concerne to have an eye and regard hereunto charging our Proctours and Advocates in every place to doe their endeavour and bestirre themselves herein all other businesse laid aside to the finding out and punishing such faults as they shall finde concerning this particular And afterwards they are commanded to observe the said ordinance punctuallie and proceed against the breakers hereof by the punishments there assigned peremptorily without observing the ordinarie formes of justice 8 Wee have also some prettie lawes in Iustinian about the punishing of Witches and Sorcerers which are addressed to the â—ugdes and Magistrates yea there is one of them that commands him that shall catch any of them to put them into the Iudges hands That forthwith hee bring him out in publique and present him before the eyes of the Iudges The Emperours Honorius and Theodosius writ to Cecilian one of their Magistrates that hee should banish them unlesse they would coÌ„sent to see their own books burnt in the presence of the Bishops Which shews that the Bishops had but little jurisdiction in that regard Leo the Emperour writes also to one of his Officers that he should punish them with death as Apostates 9 The punishing of such as contract clandestine marriages and those that conspire with them therein and those that advise or assist them about the consummation therof belongs also to the Iudges Royall by the Ordinance of King Henrie the second made at Paris in Februarie 1556 in these words Let them bee lyable to such punishments as our Iudges shall thinke fit according as the case shall require to whom the cognizance hereof shall appertaine and wherewith wee charge them upon their honours and consciences Which Ordinance was renewed at the States of Blois since this Councell was holden A certaine argument of the rejection thereof by the late King 10 As for causes matrimoniall those civill Lawes which give the cognizance of them unto Iudges and Magistrates are sufficiently knowne by every bodie We shall onely speake of the law of France after we have set downe the words of the Councell If any man say that matrimoniall causes belong not to Ecclesiasticall Iudges let him be accursed See here 's a Canon without either saddle or bridle which is able to feare all the Secular Iudges in the world and make them forbeare all judgements whatsoever concerning marriages or any thing that depends upon them for there is nothing excepted 11 It is the custome in France that when the question is of the rite of the coupling together in marriage as for instance Whether mariage be perfect and consummate by words of the future or of the present the cognizance belongs to the Ecclesiasticall Iudge but if it be a question of fact as Whether the contract was made by words of the present or of the future then it fals within the jurisdiction of the Civill Iudge So likewise if separation from the bed or divorce be barely required and no more then it is for the Ecclesiasticall Iudge to determine but if the question be of any fact as if divorce bee required because one of the married parties is a thiefe then it is for the lay Iudge Further if the question about marriage be betwixt any other parties than the husband or the wife as if the father and mother be interessed in it so likewise if the controversie be about the dammages or profits arising from a marriage about the portion or gift given in consideration of a marriage about any transaction in a matrimoniall cause or other consequences or dependentsâ— it belongs no more to the Ecclesiasticall jurisdiction as hath beene adjudged by divers arrests of our high Courts of Parliament 12 The right of patronage is indeed a thing annexed to somewhat which is truly spirituall yet it doth not cease for all that to bee a temporall right in some kinde This distinction hath ever beene currant in France that the Ecclesiasticall Iudge determines of Ecclesiasticall patronage when the question is about the petitorie but for the possessorie that is for the Civill Iudge This maxime is most true that in things spirituall the cognizance of the petitorie belongs to the spirituall Iudge and of the possessory to the lay Iudges Accordingly the Parliaments and other Iudges of this kingdome have determined concerning the possessorie in the matter of tythes which are as spirituall as patronages can be concerning which there is an Arrest of Paris made 1262 to be seene in the great collection of them They have also ever determined of the possessorie of Benefices concerning which there is an Arrest of the Parliament at Bourdeaux of the 19 of Iuly 1524 in the same collection Pope Martin the fifth hath so agreed upon the case with King Charles the seventh concerning the possessorie of Churches Tythes Benefices and all other spirituall things
Christians as are subject to them The same author in another passage We must not be ignorant saith he that the humane law-giver or he which rules by his authority may lawfully impose any taskes and collections upon the temporals of Ecclesiasticall men principally upon their lands and immoveables which we call benefices c. Saint Ambrose in one of his Epistles saith If the Emperour demand his tribute we doe not deny him it The revenues of the Church pay tribute Hugo de Sancto Victore speakes expresly of it in his tract of the Sacraments Let the Church know saith he that such possessions cannot be so farre alienated from the Royall power as that if reason and necessity do require it the same power needs not protect them or that those possessions should not relieve him in time of necessity Marsilius againe in another place But if the supreme Law-givers or Commanders stand in need of these temporals they may in case of necessity make use of all that remaines over and above what is bestowed in the maintenance of the Ministers of the Church and of the poore and may by their own authoritie lawfully seise upon it according to the divine law notwithstanding any contradiction of the Priests Ministers and that not onely the tenths but even the fourths and thirds c. AEneas Sylvius in his fift booke Of the beginning and authoritie of the Empire saith That the possessions of the Church owe tribute to the Empire Which he proves by the testimonie of Saint Ambrose and many others out of holy Writ Chassaneus who was President of the Parliament of Aix in Provence saith That Prelates are subject to Kings for their temporall meanes though they be not feodall that they are bound to obey their Ordinances and Constitutions for as much as concernes the said goods that such temporall meanes of Clergy men even those which are infeodated are lyable to the payment of new tasks in case Kings should have a minde to impose any for the defence of their kingdomes 11 But for this matter we need not seeke any other testimonies than those which are extant in the Popes owne bookes That place of Saint Ambrose which was formerly quoted hath beene canoniz'd in Gratians Decree If the Emperour demand tribute we doe not deny him it The revenues of the Church pay tribute If the Emperour desire to have the meanes he hath power to take them to himselfe In another Canon it is said It is a great and spirituall lesson by which we learne that Christians are subject to secular powers for feare lest any body should thinke that the Ordinance of an earthly King may be violated For if the Sonne of God payed tribute who art thou that art so great as to think thy selfe exempted One Pope Vrban said That the tribute was found in the fishes mouth as Peter was a fishing because the Church payes tribute of things externall which lye open to every mans view 12 It is true that Gratian after he hath set downe these Canons plants others by way of battery against them to beat them downe such as are approved by Popes in such sort that they pronounce themselves exempt from all subsidies and tributes and also all others of their order Clergy men have exemptions indeed and those very faire ones both for their persons and their goods they have priviledges which are both honourable and profitable I confesse they have But they are very ingratefull if they doe not therein acknowledge the liberalitie of Kings and Emperours These are the markes of their bountie 13 It cannot bee inferred from all this tho that there is any release from the power and soveraigntie which belongs unto them nor from those dues which they were wont to receive save onely so farre as they are pleased to remit them The Emperour Constantius does ordaine that the Clerkes of the Provinces shall pay the charges due to the Exchequer for their possessions The Emperours Honorius and Theodosius grant an immunitie to Churches from sordid payments but not from others and they reserve to themselves the power of laying impositions upon them in case of necessitie The same Emperours declare in another place that they doe not exempt them from such taxes as shall be assessed for the repairing of bridges and high waies Constantius and Constans had formerly granted the same immunitie to Ecclesiasticall persons their wives and children to wit from forbid payments but not from others The Emperours Theodosius and Valentinian declare the vassals and tenants of the Church lyable to the same services that others are They declare likewise that the possessions of the Church must pay tribute These are the same Emperours that prohibited the alienation of Ecclesiasticall goods that gave Councels power to receive revenues by legacie from dying men 14 If these were anciently the Imperiall rights it would be known at what game they were lost The Popes have made lawes for the confirming yea enlarging of these immunities Councels have likewise interposed themselves in the same businesse both they and these in such sort as they have forgot their benefactors and not remembring that these exemptions are the courtesies of these very Kings and Emperours whom they forbid to lay any imposition uppon such goods without their leave Yet our Kings of France are alwaies excepted by the testimonie of our Doctours who thinke that to bee his speciall priviledge which is indeed the common right of all Princes Though in very deed it is made speciall by reason of the usurpation of Popes who have got their ends in others the French onely excepted And yet they are not out of hopes of them too For amongst their Decretals there is one of Alexander the fourth which expresly forbids the French To impose any taxes collections or exactions upon Churches or Ecclesiasticall persons or to require them of them for their houses lands or other possessions whatsoever heretofore got or purchased or hereafter to bee got or purchased by the said Churches or persons Ecclesiasticall This Decretall together with all the rest is approved by this Councell of Trent yea which is worth the observing Gregory the thirteenth in his late censure of the Canon Law hath made this addition to the said Decretall Looke saith he the Councell of Trent at the twentieth chapter of the twenty fift Session where the priviledges and immunities of Churches and Eclesiasticall persons are renewed and confirmed So that we must talke no more of this priviledge hereafter if our Councell be received And that no man make any further doubt hereof let us heare how this and that other Gregory the fourteenth would make men beleeve it in their Buls De coena Domini given forth by them afterwards to be thundered out in this kingdome We excommunicate and anathematize those which impose any collections tenths taxes payments or other charges upon Clerks Prelates or other Ecclesiasticall persons or upon the goods of
or profitable to desire primacy in the Church For what wise man is there that with his good wil would submit himself to such a servitude and undergoe such a danger as to bee bound to give account for all the Church unlesse perhaps some that is not afraid of Gods judgement abusing his Ecclesiasticall primacy in a worldly way by converting it into a secular power And what is this else but turning the Ecclesiasticall dignity into a secular to dispute so much about honour and place not against other Ecclesiastiques which were more tolerable but against the Princes of the earth the respect and observance of whom was so much recommended unto them to declare them their inferiours their subjects their vassals perverting all order both divine and humane Where is there any earthly Prince or Monarch that ever made such a goodly shew and boast of their greatnesses and preheminences as the Popes have done For what wee say here is nothing in comparison of what we have delivered in the second Booke 11 Pope Leo the first in an epistle of his to the Emperour Martian writes to him in another manner style than would bee used at this day Forasmuch saith he as your pietie and most religious pleasure ought in all things to bee obeyed I have willingly contributed my opinion and advice to the Synodicall Constitutions which pleased and liked me well concerning the confirmation of the Catholique Faith and the condemnation of heretiques Your Clemency will be pleased to take order by your command that these things may come to the knowledge of the Clergie and Church Pope Gregory the Great speakes in like manner to the Emperour Maurice in one of his epistles In obedience to the commands of my Lords I have writ to my said fellow Bishop with all sweetnesse and humilitie An ancient Authour writes That when the Emperours by their Ambassadours commanded the Popes to come to Constantinople they did not faile to repaire thither although they were afraid to be sent into banishment 12 One of our French Monkes testifies that the Popes were wont to adore the Emperours and that Leo the second did so to Charles the Great Pope Leo saith he set the crowne upon his head all the people of Rome shouting out Life and victory to Charles Augustus crowned by God the Great and peacefull Emperour of the Romanes After which acclamations hee was adored by the same Pope after the manner of ancient Princes Francis Guicciardine relates that about the same time of the same Emperour The Popes were wont to put these words in their Buls to shew the date of them Imperante Carolo domino nostro 13 In the Acts of the Councell of Meaux holden in the yeare eight hundred fortie five under Charles the younger King of France we reade this Chapter taken out of another French Councell If any man out of a swolne and contumacious spirit be so bold as against all authority and reason obstinately to contradict the Royall power which is given by God as the Apostle saith and if hee peremptorily refuse to obey his just and reasonable commands according to God and Ecclesiasticall authority and the law Civill let him be accursed The ancient Councels both Generall and particular are full of titles of honour and termes of respect and reverence towards Kings and Emperours Miserable ageâ— That we should bee now put to it to insist upon such discourses as these to keepe within compasse the ambition and vanitie of such as cannot â—ee commended but for their holy humility especially CHAP. V. The authority of Kings and Emperours for as much as concernes the Church and Clergie 1 WEE have seene already the power of Kings and Princes made nothing of and enslaved to Churchmen their honour debased their place usurped their majesty disregarded Now over and above what hath beene delivered particularly upon every point already wee must here shew that the authority and dignity which they have in the Church is but to cleare the doubt which our Canonists raise Whether the Emperour deserve to have a Subdeacons place Kings and Princes being ordained by God in such sort that all their subjects even the Ecclesiastiques themselves are bound to give honour and obedience to them have both the powers in their owne hand the Ecclesiasticall and the Civillâ— which they exercise either by themselves immediately or by those upon whom they bestow them 2 Marsilius of Padua proves it by many pertinent reasons which would be too long to produce in the fourth fift and ninth Chapters of the second part of his Defensor pacis And in another place he saith Whence it appeares to be true what we have already set downe that the coactive authority as well over Clergy men as others belongs to the humane Lawgiver or to him that rules in his behalfe And de Ferrariis the Practitioner saith Thou must know thou Ignoramus that the Empire had sometimes both the swords the temporall and the spirituall In such sort as the Emperours then bestowed all the Ecclesiasticall livings in the world and which is more did elect the Pope At this present they doe make but little use of this power which hath beene taken from them by usurpation as we have said elsewhere Yet for all that they doe not cease to have a right unto it and one day or other may recover it For in these and such like cases prescription hath no place They have such a stroke and authority in the Church that they are counted the protectors of it the patrons defendors and preservers of it not as executioners of the Ordinances and Injuctions of Priests for this is all the authoritie which our Councell and the Popes Doctors allowes them but as principall members as those who have the power in their owne hands over all things 3 Charles the sixth in an ordinance of his dated the eighteenth of February 1406 made by the Councell and assistance of the Lords and Clergy of his Realme saith That the Royall power is ordained by God for the preservation of the Church and that the kingdome of heaven increaseth by meanes of the earthly Kingdome when those which destroy the Church are crushed by the rigour of Princes That the sacred Canons will have recourse to be made unto Princes when such things are committed by great men in the Church and that according to the opinion of holy Doctours the Pope ought not to bee obeyed in such things wherein the state of the Church is notoriously disturbed And in another of the seventeenth of April 1410. These things being considered that it belongs unto us who are the Guardian Protectour and Defendour of the Churches of our Kingdome and of Dauphinie and who have ratified and approved the Statutes and Ordinances aforesaid made in the Councell aforesaid to cause all this and all that followes upon it to be observed and kept inviolable c. 4 The Parliament of Paris in the Remonstrance made by
succour and favour there that nothing could be hoped for from thence but to the disadvantage of the French The nonage of King Charles emboldened the King of Spaine to call his honours in question our by-past follies have made him attempt upon the State for his successours But he that preserved and restored it as he surpasseth all the Kings of the earth in glorious atchievements will one day put a period to this dispute CHAP. VIII Of Indults and Excommunications 1 THis Councell repeales the Indults granted to the Chancelour Presidents Masters of Requests Counsellours and other Officers of the Courts of Parliament The holy Synod doth decree that mandates by way of provision and expectative graces as they call them shall not hereafter be granted to any not to Colledges Vniversities Senates or other particular persons by the name of Indult or for a sum certain or upon any other preteÌ„ce nor shal it be lawfull for them to use such as are already granted Neither shall mentall reservations nor any other graces upon the future vacancy of Benefices nor Indults for another mans Church or Monastery be granted to any not even to the Cardinals of the holy Roman Church and such as have been formerly granted shall be accounted abrogate And yet for all this it is a very ancient law some footsteps whereof may bee found in the times of Pope Sixtus the fourth and that even under the reigne of Philip the Faire as t is said in the liberties of the Gallicane Church Eugenius the fourth granted also some Buls out in this case which were afterwards confirmed by Paul the third in the yeare 1538 the publication whereof is inserted among the great Ordinances It is a thing which ha's beene tolerated by our Kings yea which ha's beene confirmed by them whose authoritie if there were no other title may suffice in this case 2 I will here transcribe certaine proviso's made by King Lewes th' eleventh taken out of an ancient Register which I have in my custody for the proofe of my assertion Lewes by the grace of God King of France to our welbeloved and faithfull Counsellour the Bishop of Limoges and to our trusty and welbeloved the Deane and Chapter of Limoges aforesaid and to every one of you as well jointly as severally sendeth greeting Whereas our trusty and beloved the Chancelours Presidents Masters of ordinary requests for our houshold Counsellours Registers Notaries together with our Advocates Atturney generall for our Court of Parliament every man in his place office are appointed ordained to wait continually upon the imployment administration of our said court the administration of justice supreme and capitall for our said Realme which is a very laudable thing commendable necessary for us our subjects the whole coÌ„monwealâ—h of this our kingdome in which our Court the rights and liberties of thâ— Church of France whereof we are the guardian and protectour are preserved And for this reason our said Court doth consist in part of Counsellours and Officers which are Clergie men and Ecclesiasticall persons And in consideration of the great laudable and commendable services of the said Chancelour Presidents Masters of Requests Counsellours Registers Notaries Advocates and Atturney they or others by their nomination by meanes of the intercession of our predecessours to the Prelates and other Patrons and Conferrers of beneficesâ— have beene preferred unto and generally provided of Church livings which the said Prelates or others the Patrons or bâ—stowers of the same have freely conferred upon them or have presented them unto the said Tatrons in favour and consideration of us and their owne great and commendable services as aforesaid Which said Chancelour Presidents Masters of requests Counsellours Registers Notaries Advocates and Atturney since our comming to the crowne nor a long time before have not had any such prâ—ferment upon our entreaty and request to the said Prelats Patrons and Collatours as formerly they were wont to have And for this reason the said Court hath with our leave and licence made a certaine roll wherein every one of them are presented and nominated or have presented and nominated others in their stead each one to some or other preferment belonging to you or other the Collatours and Patrons of the benefices of our said Realme And whereas our trusty and welbeloved Counsellour Mr. German Chartelier hath nominated Mr. German Chartelier his sonne unto one of your Collations and presentations wee considering the continuall charge and imployment the great paines and trouble of our said Chancelour Presidents Masters of request and other Officers who are all noted men learned and skilfull in the law following the good and laudable customs of our ancestors as also of the conferrers and patrons in our said Realme we entreat and require you to give present and bestow upon the said Mr. German Chartelier for and in stead of our said Counsellour whom hee for his part hath nominated in his place the first benefice that shall be void within your disposall collation or presentation as our said Counsellour shall require or cause you to bee required thereunto Hoping that you will not make any deniall or difficulty of this our request which is most just and reasonable but will obey it especially considering that our said Chancelour Presidents Masters of requests Counsâ—llours and other Officers of our said Court are imployed daily and in continual trouble about the maintenance and defence of the rights and priviledges of the Churches of our said Realme and the administration of justice to our said subjects signifying unto you that you shall herein doe us such an acceptable favour as nothing more by meanes whereof we take you and your affaires into speciall recommendation Given at Mascon the eighteenth day of August in the yeare of Grace 1503. and of our reigne the sixâ— thus subscribed By the King In the presence of my Lord Cardinall D'Amboise Legat in France and others Robertet Sealed with yellow wax with the Kings broad Seale 3 There is in the same Booke an exemplification of the privie letters which the Court of Parliament writ to the Prelates about those nominations the tenour whereof is this Reverend father in God wee send greeting to you Reverend father in God it hath pleased the king to grant unto the Presidents Counsellours and other Officers of this Court his letters and nomination to some benefices which are in the hands of some Conferrours and Patrons of this Realme and among others to our brother such a Counsellour of our said Soveraigne in this Court to the benefices which are in your gift and disposall Wherefore we most earnestly beseech you that in obedience to the said letters and in consideration of the deserts of our said brother you would bestow upon him the first benefice that fals in your gift being by him required thereunto And in so doing you shall doe us a most acceptable courtesie for which we shall take your affaires
de Melâ—â— de l'an 158â— art 9. Edict de Cremien art 9. Edict du moiis de Iuin de l'an 1559. Edict de Iuillet de l'an 1578. Ordoâ—â—du 17. May 1â—82 Ill effects of exemptions Cap. 2. Sess. 24. In aliâ—â— Can. 2. Sess. 8. â—â—il Durant Tit. 5. prim part tract de modo celebrandi Conc. General Bernard lib. 2. de considerat ad Eugenium Petrus de Alliaco ca. 2. de reform Eccles. Iohan. de Paris in tractat de potestat Reg. Pap. c. 19. Guil. Durant eod loc Exemptions anciently complained of Can. ult ibi glos dist 89 Can. ad hoc 16. q. 1. can liceâ— dist 45. can omnes Basilicae 16. q. 7. can si quis Abbas can cognovimuâ— can in nullo can monasteria can visitandi can non semel 18. q. 2. 10. q. 1. per totam can qui vere 16. q. 1. can sacrae â—ad caus q. 2. can Elâ—ateriuâ— can serâ—itium 18. q. 2. can in venditionib 17. q. 4. can Abbatib 12. qâ— 2. cap. de synodoch ext de religio domib cap. per tuas cap. omnis cap. quod super his de maior oâ—ed Marsilius Patavinus in def Pac. partâ— 2. cap. 24. Nicol. de Cleâ— in libello de ruâ—â— et reparat Eccles. five de corrupto Eccles. statu cap 31. Iohan Gerson 1. part in declarat deâ—ectuum virâ—â— Eccles. num 70. Cap 2. Sess. 24. in aliis can 2. Sess. 8. Iurisdiction over exempted persons unjustly usurped by the Pope Sess. 6. cap. 3. Petrus Ribadeneira lib. 3. de vita Ignatii cap. 21. Councell of Trent gives the Pope power to pardon criminals Sess. 13. cap. 5. In aliis Sess. 3â— can 4. 5. Vid. titulos de poenitentiis 〈…〉 lib. 5. Dâ—câ—etal in extravagantâ— Cap. super literis extra de rescripâ— The Pope hath not power to pardon criminals Leâ— rescrip C. de precibâ— Imp. offer Gratian. caus 25. q. 1. in fin Bellarm. Tom. 1 controvers 2. lib. 4. cap. 24. Benedict in cap. Raynutius in verb. et uxor nom Adilus Papon tit de grac. art Chap. 15. et 16. des libertez de l'Eglise Gallic Conc. Trident. Sess. 25. cap. 20. Popâ—s decrees arâ—â—surpâ—tions Many of them noâ— received besâ—â—râ— the Trent Councel Nicholas â—usan 2. c. 11. Alberiâ—us de Rosate in l. Beneâ—a â—enone C. de quadâ—iâ—â— praescrip Aventinus lâ— 7. anâ—al Boâ—orum Marsilius in 2. part def paâ— c 5. 6. Idem part â— cap 23. By what de gâ—ees Popes have usurped over Princes by their Decrees Pop's Decretals why called Canon law Much of them supposititiotis Gregorius Haymburg in confut pâ—imat Pap. 2. Confi l. princip Nicolaus 1. In epist ad Archiepise 〈◊〉 episcopos Galliae quoe extâ—t To. 3. Biblioth Patruâ— Et in Can Si Romanorum dist 19. Vid Can. de libellis dist 2â— The injustiâ—e and multitude of Popes Decrees Decreâ—s c. Matth Paris in Henrico 3. p. 798. Et Matth. Westmonast â—n in 2. part sub ann 1247. p. 217. Cordinalis de Alliaco in tractâ— de reformat Eccles consâ—d 2. p. 205. Nicol. de Clem. in l. deruina reparat Eccles. Du Tillet en l' advis sur les libertez de l' eglisâ— Gallicane p. 5. The ignorance eâ—â—oâ—s â—nd injustâ—â— of Popes Decrees c. Catalogus testium vâ—râ—t 1. p. 49â— Bugnon livrâ— 1. chap. 4. Popes Decrees usuâ—â—e â—ver civill lâ—wes The worst Popes authors of the Decrets c. a Alphonsus de Castro in exord dist 20. Hostiensis Ioannes Andrâ—as Cardinalis Florentinus in can ult Extra de precar Albericus in Lexico in verbo Gratian. Felin in c. 2. de rescript Petrus de Ferrariis in tit forma inquisit super verbâ— haeâ— est quaed Boerius decis 109. alii ciâ—tati à Tiraquel la in tract de nobilit cap. 31. num â—3 Francis Duarenus in prolâ— lib. de minist Eccles. b Stanislaus Hosius lib. 2. de legitim judic c Vid. Tiraquellem in tract de nobilit cap 31. num 537. Platina in Greg. 9. Blondus Platina Cap. Roman de jurejur in Clementin Martinus Polonus lib 4. in Clemente 5. sub ann 1513. Mutius German Chron. lib. 24. Et Albertus Argentinensis in Chron. Trent Councel unjustly gives the Pope power over all books Nau. ler. tom 2. Generat 44. Concil Trid. Sess. 23. sub fin Books condemned writ in defence of secular Princes tighâ—s What bookes prohibited by Papists why Bull de coena Domini how injurious to lay Magistrates Vid. Collectionem diversarii Constitution Romanorum Pontificum insine Et eclogam Bullarum motuum propriorum pag. 316. Popes ball injurious to the Gâ—lliâ—ane libeâ—tiâ—s a Cap. 2. ejusd Bullae b Cap. 11 ejusd Bullae This Councell wheâ—ein dâ—rogâ—toâ—y to Princâ—s Priâ—ces grievâ—ncâ—s against the Councel of Trents decrees Concil Trid. cap. 15. Sess. 7. Sess. 21. c. 4. Sess. 24. c. 13. Sess. 22. c. 8.9 Sess. 22. c. 10. Sess. 22. c. 11. Sess. 24 can 19. Sess. 24. cap. 7. Sess. 24. c. 8. Sess. 25. c. 9. Sess. 25. c. 5. Sess. 25. c. 19. Epist. 1 ad Corinth c. 9. v. 11. Iohn 1. 8. Iohn 6. Thâ— Clâ—â—gy proved to be under thâ— jurisdictâ—oÌ„â—f 〈◊〉 Lâ—ke 12 Mâ—tth 2â— Mâ—tth 17. Iâ—hn 19. Lâ—keâ—2 â—2 2 Ad Timoth. Rom. 13. â—ct 25. Ambros. vid. Marâ—il pag. 15â— Gloss. secund August Marsiâ— pag. 150. Châ—ysost lib. â— dialog cap. 3. Claudius Espâ—â—seus Theologus â—arisiens in â—omment in â—pisâ— ad â—â—â—um cap 3 digâ—es 10 Iurisdiction over Clerks various by the Impeâ—iall law L. 2. C. de episc audient L. qui mos. C. Theod. de episc Eccles. et Cler. L ult C. Theod. eod L ult C. Theod. de episc judic L. cum Clericiâ— C. de episc Cler. L. decernimus C. de episc audi L. Omnes C. de episc audient L. jubemus § omes C. de episc aud Iustinian Novell 79. Idem Novell 83. Idem Novell 123 cap. 8. L. 1. C. Th. de episc judiâ— Sidonius epist. 8. lib. 5. L. Si quis ex consensu C. de episc audient Ancient lawes doe not bind pâ—esent Princes L. episc C. eod In §. haec si quiâ— post Can. omnes Caus. 11. l 1. Carolus Magnus in capitul lib. â— cap. 28. Can. quiâ—unâ—ue Can. Omnes Can. Volumus Caus. 11 q. 1. Cap novit de judiciis extraâ— Francisc. Duarenus l. 1. de Sacro Eccl. minist c. 2. Ordon de l'an 1539. art 1.2 The power of Civill Lawes Can. hoc jure dist 8. Church-goods disposed of by Princes L 2. C. Theod. de haeretic L. Episc. p. C. Th. de fid Cath. L â—uncti C de haeretâ—â—iâ— Can. quoniam dist 10. Et Can. Cum ad verum dist 96. Abbas Vspergensis in Chron. sub ann 1116. Concil Tolet. 3. ca. 21. tom 2. conc pag. 866. Concil Tolet. 4. tom 3. Conc. pag. 68. Ecclâ—siâ—sticall jurisdiction deâ—ived fâ—om Princes Synod Suesson Tom 3. Concil Synod Mogunt sub Rhaban c. 17. tom 3. Conc. pag. 836. D Bernard lib. 2. de