they commenced every one of them for twenty pound rent given unto them by legacy by the said Ioan. And the said Court did reserve unto it selfe the power of disposing of the said revenew for the soule of the said Ioan deceased Pronounced the twenty fourth of March 1385. Amongst the Arrests num 28. In the same Collection I finde written December the fift 1371 it was said that the Augustine Monkes should not possesse any immoveable goods The sixt of Aprill 385 't was said that the Mendicants should not possesse any temporall goods in the booke of the Counsell And as for the priviledges granted by the Pope hearke what the Collection of the liberties of the Gallicane Church saith of them The Pope cannot allow or dispence with any man for holding and possessing any goods within this Realme contrary to the lawes statutes or customes of the places without leave and licence from the King This is further confirmed by an Arrest of Paris made in the yeare 1391 whereby a certaine Carmelite called Gratian was declared not to bee receiveable in a suit which he made for a certaine thing issuing out of an immoveable for the holding whereof hee was dispensed with by the Pope They were also forbid to hold secular benefices and Ecclesiasticall dignities by the letters patents of Charles the sixt bearing date the nineteenth of February 1413 notwithstanding the Popes dispensations 4 The Councel hath made a law concerning the farming out of Ecclesiasticall goods and lands whereby such leases as are made for many years and for payments before-hand are declared not to bee valid to the prejudice of successours Commission is also granted to the Provinciall Synods or those whom they shall depute to judge and declare invalid such leases of Ecclesiasticall goods as were made within this thirtie years for a long time or as it is in some places for nine and twentie yeares or twice nine and twenty years Whereupon it is urg'd in the first place that it belongs to Kings and Emperours to make lawes and Ordinances about the alienation or letting out of Ecclesiasticall goods as they have alwaies done in so much as all our books are full of examples in this kind And what Popes and Councels tooke upon them in this regard was by their toleration In the second place it doth not belong to a Councel to nominate and chuse Iudges for the deciding of controversies arising about such farmes and leases Nor doth it belong to the Ecclesiasticall Iudges to take the cognizance of them but to the secular And so it hath alwaies beene accustomed in France whereof there are an infinite number of Arrests given out in such cases 5 It is ordained by the sixt Chapter of the second Session of the same Councel that the commutation of last wils and testaments ought not to be admitted but upon just and necessarie causes See this is very faire but put case the Pope ordaine otherwise then there is no remedy For it is only said That the Bishops as Delegates for the See Apostolique shall take knowledge summarily and extra judicium whether there have beene any errour or false information They cannot therefore judge whether the cause bee lawfull or no. See here then a grievance common to all Christendome Behold yet another more particular to France which is that the Lay Iudges are herein deprived of their jurisdiction to whom it belongs to judge of the justice of the cause in matter of such commutations excepting the case of conscience See what is said in this point in the Collection of the liberties of the Gallicane Church The Pope cannot convert any Legacies though they be given to charitable uses or to any other use contrary to the will of the deceased save only in such cases when the will cannot be formally observed or where there is a necessitie of making such commutation alwaies provided that in such cases it be equivalent to that which was ordained by the testament or other disposall made by the last will of the deceased the cognizance wherof notwithstanding belongs to the Lay Iudge except for the case of conscience Now suppose the Pope chance to make any such commutations without a substantiall and lawfull cause it belongs to the Court of Parliament to reforme them upon appeals as from abuse which are wont to bee put up in such cases who must have their hands tyed if this Councel be admitted CHAP. X. Of the command laid upon Ecclesiasticall persons to receive this Councell and of other grievances 1 ANother great prejudice is offered unto the Royall dignitie by this Councell when it commands all Clergie men forthwith to receive in publique the Canons and Decrees thereof and those to whom the care of Vniversities doth belong to effect the same and bring it so about as that Maisters and Doctors and others publiâ—uely teach what is contained in the Canons of it and binde themselves by a solemne oath to the observation of this Decree In this they take too much upon them that they wold have al things put in execution without the Princes consent or privitie and perhaps even against his will It hath alwaies belonged to Kings and Emperours to approve the Canons and Decrees of Councels Wee have proved it in the third Book by many plaine examples taken out of all antiquitie 2 Wee wee will adde in behalf of France that the Councell of Basil used another manner of respect towards our King when at two several times it sent forth Deputies with expresse commission into this Kingdome to get their deliberations â—o bee received here which it could not fully obtaine but some of them were rejecâ—ed at that time when the Pragmatique was a making as appeares by the narration of it And the Cardinals which came thither the second time to get him to allow the deposition of Eugenius the fourth and the creation of Felix the fifth in his place and stead returned from thence without effecting any thing as appeares by the act of protestation set forth by King Charles the seventh of which wee have spoken towards the beginning of the first Book We say then that to give out such commands to Ecclesiasticall persons and Vniversities is all one as to set up two Monarchies in France and other Kingdomes All this should bee referred to Kings and Princes and they by their authoritie after they have approved and allowed of the resolutions of a Councell should cause them to bee put in execution and observed The late king Henry the third and the States of France assembled at Blois in the yeare 1579 knowing this very well made certaine lawes concerning Ecclesiasticall discipline in some sort conformable to these of the Councell of Trent in many matters without making any mention of it Whereby they give us to understand that the proceedings of it displeased them and that they would not receive the Decrees and Constitutions thereof 3 But the worst is yet that such as are refractorie
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
have spoke already wee will yet produce some to that purposâ— out of the booke entitled An explanation of the holy and venerable Synods printed at Paris the yeare 1553 out of the Kings library Where it is said of the first Nicene Councell At which Councell Sylvester Bishop of Rome Alexander of Constantinople Alexander of Alexandria Eustachius of Antioch and Macarius of Ierusalem were heads or presidents Those were the five Patriarchs which were present there either in person or by their Legats Where notwithstanding to give notice of it by the way wee may observe a mistake in the author who by way of anticipation reckons the Bishop of Constantinople amongst the Patriarchs not remembring that he obtained that degree of honour at the second generall Councell holden at Constantinople and hither also must that other passage of the same author be referred The Presidents of this Councell were Damasus Bishop of Rome Nectarius of Constantinople Timothy of Alexandria Cyrill of Ierusalem Meletius of Antioch Gregory the Great the Divine Gregory Nyssen Amphilochius of IconiuÌ„ He reckons the five first as Patriarches and the three last as great Doctors famous for their learning Zonaras saith they were chiefe in the dispute using the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the Latine translation renders Principes fuere For the third General holden at Ephesus he speaks thus of it In this Councel Celestine Bishop of Rome Cyril of Alexandria Iuvenal of Ierusalem and Memnon of Ephesus were Presidents This last is ranked also amongst the chiefest by reason of his worth and learning Of the fourth Generall holden at Chalcedon he saith At which Councell Leo Bishop of Rome Anatolius of Constantinople Iuvenal of Ierusalem and Maximus of Antioch were chiefs and Presidents Of the fift Generall at Constantinople The heads of which Councel were Vigilius Pope of Romeâ— Eutychius Bishop of Constantinople Apollinaris of Alexandria Domnus of Antioch and Damianus of Ierusalem Of the sixt Generall holden at Constantinople The chiefs of which Councel were Agatho Bishop of Rome George of Constantinople Peter the Monke deputy for the Bishop of Alexandria and Theophanes of Antioch Of the seventh Generall held at Nice The Presidents of which Councell were Hadrianus Pope of Rome Tarasius Bishop of Constantinople Politian of Alexandria Theodoret Bishop of Antioch Elias of Ierusalem In all which passages it is in the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and in the Latine translation Cui Concilio praefuerunt You see then the Pope is well accompanied in his pretended Presidence Hee is continually named first for his degree of honour before not for his superexcellence above the rest And besides hee is reckoned first only amongst the Clergy for as for the Emperours and their Officers they tooke place of all in Councels as is evident from the Acts But let us come back to Bellarmine againe 10 That other passage which he alledgeth out of Eutychius the Patriarch of Constantinople's letter to Pope Vigiliuâ— seems to be more pressing where hee saith Wherefore wee desire to treat and conferre upon these points with joynt forces Praesidente nobis vestrâ— beatitudine under your prâ—sidence These words might be spoke by way of complement in manner of a kisse-your-hand or proffer of service But however wee must of necessity confesse two things First that the Emperour Iustinian however he was not present at the Councell had authority there notwithstanding for he call'd it he sent the poynts which they were to deliberate upon he commanded them to appeare at the Synod with the rest of the Bishops Wee have commanded him saith he by our Iudges and by some among you to meet you and treat in common with you of the points aforesaid It is true the Pope excused himselfe saying Hee could not come these are his very words because there were a great many Easterne Bishops at the Councell and hee should have but a few Westerne with him there And this he alwayes insisted upon saying that hee would only give his advice upon three points which had been proposed by the Emperour and that in such sort that the Bishops of the Councell were offended with him for see here what they say of him at lastâ— And whereas hee proffered to give his advice by himselfe alone after he had beene divers times invited by us all to come hither and by the right honourable Iudges sent unto him on the behalfe of the most devout Emperour after he had notice of that answer having the Apostles admonition in minde That every one shall give account to God for himselfe and also fearing that judgement which is laid up for those that offend one of the litle ones much more when they offend the most Christian Emperour whole Nations and Churches and that which the Lord said to St. Paul Feare not but speake and be not silent for I am with thee and no body shall do thee harme We therfore being assembled together have acknowledged in the first place c. 2 The nâ—xt is that the Pope would never condescend to assist at that Councell though as it follows from these very passages hee was entreated thereunto both by the Emperour and all the Bishops therein In briefe hee desired alwayes to act his pageant apart and would not entermedle himselfe among the Easterne Bishops Wherefore nothing can be collected hence which makes for the Popes advantage But on the contrary whosoever shall read all the acts of that Councell will finde it is a thing much redounding to his disgrace that hee should be resident in the same Citie after a Councell was there assembled and being requested to goe to it to treat of points of great importance that hee should refuse to communicate with his brethren and fellow-Bishops as it is related in the very Acts. And without doubt this is a mighty breach in his universality especially seeing he excuseth himselfe for not comming into the Councell because he had but a few Western Bishops with him for he therby confesseth he had no great authority over the rest Yea it is one of the strongest arguments that can be brought to prove that the presidence in Councels belonged not to him it being very probable that if so he would have forborne comming thither Which Bellarmine in his workes doth not greatly dissemble 11 The Acts of the sixt General Councel which was the third of Constantinople tell us in downright termes that Constantine the Emperour was President of it and not the Popes Legats 12 As for the second Nicene which is counted the seventh it is not said in the Acts thereof that the Emperours assisted at it for they were absent There are indeed certaine Officers and Senatours which were present through all the Acts hâ—t not in the quality of Presidents or Iudges As for the Popes Legates they are named first in every action and subscribed in the first place but nothing can be concluded thence for the Presidence This was only granted unto the
let him remember how the Popes opened the veine how they lighted the candle how they sung the Te Deum at the murther of our Kings how they would have turn'd our state topsâ—e turvie that they gave the greatest blowes to it that the champions we speake of did wonders there and made their names immortall 5 Great Prince your Majesty needs not feare any of this being protected by the particular care and extraordinary favour of God which overshadowes it and makes it redoubtable to all your enemies for your valour your power and your trophees being cherished by a Clement truly â—lement But Sir what shall become of your poore posterity what hope of safety doe you leave to them what meanes of refuge having the rat in the bag the serpent in the bosome the powder in the pistoll or to speake more properly in the foure corners of France to which an Inclement will easily give fire But I come to their maximes They being servants and slaves to the Pope cannot bee good subjects to their Princes for they professe themselves exempt from their subjection and avouch as much of all other Clergiemen to make their party the stronger 6 See here an Aphorisme which Emanuel Sa the Iesuite sets downe in his booke intitled Aphorismi Confessariorum printed at Anvers the yeare 1599 and afterwards at Paris this present yeare 1600 after he had studied the point forty yeares as he professeth in the preface The rebellion of a Clergyman against the King is no treason because he is no subject For as much as they make profession of this rebellion they provide for themselves beforehand by such like axiomes as these They make maximes in State affaires even such as respect the persons of Princes and occasion their subjects to make conspiracies and enterprise upon their lives Loe here one He that governes the Realme or Dominion which he hath justly got in a tyrannicall way cannot be deprived of it but by a publique judgement But the sentence being once past any man may be the executioner of it He may be deposed even by the people that have sworne perpetuall allegiance to him if he doe not amend after he hath beene admonished But he that tyrannically usurpes the government may be killed by any of the people if there be no other remedy for hee is a publique enemy See here another of the like straine The Prince may bee deprived of his dominion by the common wealth either for his tyrannie or if he doe not doe his dutie or if there bee any other just cause and another may be chosen in his stead by the major part of the people 7 Let every man bethinke himselfe whether these Maximes have not been practised in our France and let him adde to all this the excommunication of a Pope incensed against some Prince whom he will declare by his Buls to bee a tyrant or heretique and he will easily judge whether he that shall be pronounced such ought hereafter to thinke of any thing but the sepulchre of his ancestors to procure that he may obtaine it at least In my opinion if our Iesuites deny to speake roundly and say 't is a meritorious worke to kill him it is lawfull for any man to execute the sentence Yet this is the doctrine which they teach their disciples confessed by Iohn Chastel registred in the Arrest of this venerable Parliament of the 29 of December 1594. the words are these Hee said at the same examination that it is permitted to kill Kings and that King Henry the fourth now reigning is not in the Church till such time as hee hath got the Popes approbation Confessed likewise by William Parry executed in England Confessed by Peter Panne the Iesuits of Dâ—wayes emissarie to assassinate Prince Maurice giving unto the Governour or Rectour of that Colledge the honour of that doctrine which he had learned from him Maintained in a publique writing made by Mr. Allen Principall of the Colledge of the Seminary at Rhemes declaimed in their ordinary talke in their solemne orations whispered in the eares of those that come to them for absolution and infused into their soules as it is declared by those true discourses made upon that subject by the finest wits of France 8 Let us run over the other maximes which concerne the present state of this Kingdome and judge whether they tend to peace and quiet If Luther say they in their Cullen censure had beene rooted out by fire and sword fortie yeares agoe or if others had beene so dealt with peace might by this meanes be restored to the Church 9 Father Emond in a booke of his printed at Paris by Sebastian Nivelle the yeare 1568 and by him dedicated to King Charles the ninth with this inscription The Pedagogue of Armes To instruct a Christian Prince to undertake a good warre well and accomplish it with successe to be victorious over all the enemies of his State and of the Catholique Church gives us other rules which have beene put in practice See here some of them 10 That warres have beene alwayes accounted not onely profitable but necessary 11 That the Pope is bound to take armes against heretiques 12 That to a Monarchie undertaking such a warre a man cannot urge any of his former Edicts or Ordinances 13 That no man how potent soever he be can contract with an infidell or one that hath revolted from his conscience Hee gives this reason For what King is there how redoubted soever he be that can without villainously falsifying and breaking his oath made to God permit and give leave to the enemies of all truth and condemn'd by the generall sentence of all the world to soâ— heresies in his countries and allure soules Hee addes further That what conditions of peace so ever he can grant unto his rebels in this case will not endure long But it will behove him not to awake such strong and potent enemies that to make a peace with them at last hee must resolve to make a good warre And anon As oft as by the Articles of peace licence is granted to every man to adhere to which of the two opposite parties he please without being offended at it it is all one in my opinion as if one should cast a man into the fire and forbid him to burne himselfe 14 In the seventh Chapter he saith If such persons were infidels or heretiques I would never excuse the Monarch that having sufficient means in his owne hands should not essay by all wayes even of fact to reclaime such a kennell or drive them farre out of his countrey out of the territories of Catholiques And so much the more roughlie ought he to proceed against them as hee knowes them perverse in all respects and of the Huguenots stamp which should be accounted the most pernicious most devillish upholders of lies that ever rose up against the Church 15 After he hath
service and that such Priests as are ordained and established in them shall not be tyed and bounâ— to doe any other service but Ecclesiasticall for and in consideâ—ation of the tithes and oblations of faithful peopleâ— houses base Coâ—rts or gardens adjoyning to the said Churches nor for the Manour aforesaid A certaine Councell held at Paris doth commend and follow this same Ordinance and our Popes have canonized it 13 The Councell of Pavy holden under the Emperour Lewes the second in the yeare 855 addresseth these words unto him As for the reparation of Churches the Chapter which was made by your Predecessour is suâ—â—icient But that it may bee observ'd it stands in need of your admonition So likewise forasmuch as concernes places for the entertaining of strangers that which is set downe in the Capitularie ought to bee observed 14 The Emperour Iustinian in one of his Edicts doth excommunicate all heresiesâ— and that of Nestorius and Eutyches in particular Wee anathematize all heresie and especially that of Eutyches and Nestorius as also that of Apollinaris Hee further ordaines that if the followers of that sect doe not returne after the warning which should bee given unto them by virtue of his Edict That they should not looke for any favour or pardon commanding that they should be punished with condigâ—e punishment as convicted and denounced heretiques This Edict was commended and approved bp Epiphanius Patriarch of Constantinople and by a good number of Bishops which were then at Constantinople as the same Iustinian affirmeth in one of his Constitutions directed to him where after he hath rehearsed the tenor of the said Edict These are the things saith he which by our divine Edict we have condemned in the persons of heretiques to which all the most holy Bishops and reverend Abbats which were then present in this Citie have together with your Holynesse subscribed Pope Iohn in the answer which he made to the same Emperour hath such another confirmation Wee have beene informed saith he by the report of Hypatius and Demetrius that you being stirred up by the love of the faith for the abolishing of the opinions of heretiques have set out an Edict following therein the Apostolicall doctrineâ— and with the consent of our brethren and fellow-Bishops which wee by our authoritie doe here confirme as conformable to the Apostolicall doctrine Pope Iohn's successour would say now adaies That it does not concerne him to intermeddle so farre in divine matters Hee goes further yet for he prayes Iustinian that hee would mitigate this his Edict towards such as would repent Forasmuch as the Church doth not shut her bosome against those that returne unto her I entreat your Clemencie saith he that if they will returne to the union of the Church by forsaking their errours and casting off their bad intention that you would turne the edge and point of your indignation from them by receiving them into your communion and admitting them into your savour upon our intercession 15 A certaine Councell held at Tribur under King Arnold which is extant in a Booke of Rhabanus hath this preface In the 895 yeare of the incarnation of our Lordâ— the glorious King Arnold so journing at Tribur there were twenty six Bishops assembled and to the number of a hundred Abbats of Monasteries whom the same King commanded to treat of Ecclesiasticall lawes and promised to shew himselfe a most devout coadjutour for the reestablishing of the Canons and Decrees as also the Constitutions of his ancestours which are contained in their Capitulary so farre forth as he should find them infeebled He assisted also the Bishops and the holy Synod by his authority Royall against some secular persons who would have infringed the Episcopall authoritie and those capitulary Lawes which are hereafter set downe were published and approv'd by him 16 As for the Popes In former times they did not onely not contradict this but rather became supplicants to Emperours for the obtaining of such rules and Ordinances saith Marsilius of Padua And indeed Leo the fourth writes to the Emperour Lotharius in this manner As for the Capitulary Ordinances and Imperiall Constitutions as well of your selfe as of your predecessors we declare unto you that we will observe and keepe them exactly both at this present and for ever hereafter so farre forth as we are or shall bee able and if perchance any man either hath or doe informe you otherwise know for certaine that he is a lyar See here a faire promise which was canonized in the Decret but it serves for nothing there but tapestrie 17 The Emperour Maurice set out a prohibition in one of his Constitutions That such as were bound to beare armes or to other publique services should not be admitted into any Ecclesiasticall habit nor into any Monasterries seeing by that meanes they thought to secure their affaires Gregory the Great sent this Edict to the Bishops of Sicily recommending the observance of it unto them Which was approved by his successours who have canonized this Epistle of his 18 Pope Gelasius recommends the observance of lawes made by secular Princes about Ecclesiasticall matters Who dare say saith he that the lawes of Princes the rules of Fathers or the new admonitions may be sleighted And he afterward speakes of two naturall borne slaves who had beene made Deacons in the Church contrary to the said lawes One of the Bonifaces writ thus to the Bishops of France If any doubt doe arise about Ecclesiasticall law or any other matter betwixt any two Bishops belonging to the same Councell let the Metropolitan in the first place judge of it at the Councell with the rest of the Bishops and if the parties will not stand to that judgement then let the Primate of the Countrey have the hearing of it and determine of it according to the Ecclesiasticall Canons and your owne lawes and neither of the parties shall have power to contradict it Which is avowed in like manner by his successours 19 We have elsewhere handled many points which concerne the authoritie of Kings and Princes as the calling of Councels the presidence and judgement in themâ— the authorizing of them the election or nomination to Bishopriques the jurisdiction over Clergie-men and other things of like nature which it is not necessary to reinculcate here Wee will adde for a close that famous passage of Demetrius Archbishop of Bulgaria which containes a great part of all that goes before and with which for that reason we will conclude Hee therefore in one of his responses to Constantine Cabasilas Archbishop of Dyrrhachium saith The Emperour being as it were the common knowing Monarque of the Churches doth preside in Synodicall determinaâ—ions and makes them be in force he prescribes Ecclesiasticall Orders he sets lawes to the lives and politie of such as serve at the Altar as also to the judgements of â—ishops and Clerkes and to the suffrages of vacant
is that none will beleeve it but he that hath seene it none will deny it but they that have not seene it 5 See you here what this excellent Devine speakes without any flattery but let us go to them of more antiquity and see how long it is since these complaints against the See of Rome begunne first to be made If wee beleeve the same author this complaint is pretty ancient and it is a long time since this reformation hath beene called for for see you what hee speakes of it in the sequele of the fore-cited passage I will omit the complaint which hath ever beene made thereof from age to age even from St. â—eromes time 6 Nor will we take our rise so high but will insist upon these latter ages But here first I protest I have no purpose to discover the shame of that supreme See to expose her faults to derision and mockery but onely with intent to see them corrected and amended As also I declare that I meane not to enquire into the personall vices of the Popes for that would rather tend to calumny and injury than the end which I purpose but onely the abuses of the Popedome the maladies of the See the usurpations and over-bold attempts which have beene derived to their successors briefly no more but such vices as are become hereditary Which to compasse wee will beginne with the generall complaints that have beene made in divers ages and thence descend to particulars as from the bole to the branches speaking alwayes by another mans mouth unlesse it be when the connexion of places shal enforce us to contribute something of our owne 7 The Acts of the Councell of Rhemes holden under Hugh Capet the yeere 990. have these words Poore Rome what cleere lights of fathers hast thou brought forth in the time of our predecessours what horrible darknesse hast thou poured out upon our times which will redound to our shame and dishonour in future ages Hildebert Archbishop of Tours who lived about the yeere 1100. hath left us two pretty nipping verses against the Popes Rome to be masterlesse were well for thee Or some to have not void of honesty Saint Bernard who lived under the Emperour Conrade and Pope Eugeâ—ius the fourth cryes out bitterly against the vices that were even then annexed to the Papacy as against ambition dominion pompe and vanity avarice jurisdiction over temporall goods against the abuses of dispensations indulgences appeals exemptions and such like wares wee will bring the places hereafter and dispose every one in due order That holy man is to bee commenâ—ed for speaking so home of those abuses and that even while hee wrote to a Pope for which cause he is applauded by every one and with a certaine emulation cited in honourable termes by all those that lived after him 8 Marsilius of Padua who writ above three hundred yeeres agoe in the time of the Emperour Ludovicus Bavarus about the yeere 1320. hath spoken of the abuses of the Pope and the Court of Rome both in grosse and by retâ—ile for in the 24. Chapter of the second part of his booke intitled Defensor pacis he saith That the body of the whole Church hath beene infected by that pleâ—itude of power which is allowed unto the Pope and he addes afterwards Let the faithfull cast their eyes that way those who have visited the Church of Rome which I might more truly call a shop of traffique an horrible den of theeves shall plainly see and those who were never theâ—e shall learne by the report of an infinite number of men of credit that it is become the receptacle of all rogues and rascals of truckers for all wares both spirituall and temporall for what is it else but a haven for Simoniacall persons who repaire thither from all quarters what else but a noise of Lawyers an assault of detractors a vâ—xation of honest men the justice of the innocent is there in hazard or else is so long deferred unlesse it be redeemed with money that being at length quite exhausted and wearied by infinite troubles they are enâ—orced to give over their just causes full of commiseration For there the lawes of men doe ring again but Gods lawes are either quite dumb or at least very rarely understood There is nothing but plots and projects how to seise upon Christian countries to win them by force of armes and wrest them out of the hands of such to whom they doe of right appertaine No further care no consultation ever about the conquering of soules Besides no order dwels there but a perpetuall horrour 9 In the eleventh Chapter of the same Booke hee makes along discourse of the robberies of the Popes and the Court of Rome of their Simony luxury sensuality vanity desire of domineering and of invading Lordships and Principalities and in an infinite company of places hee shewes the injust power which the Popes arrogate unto themselves over matters both spirituall and temporall and the meanes they used to usurpe it some passages whereof wee shall elsewhere relate This great divine was not moved to write these things by any hatred or discontent towards the Popes but onely by a just obligation to defend the Emperour Ludovicus Bavarus who was injustly excommunicate 10 A little before this devine put forth that Booke to wit in the yeer 1310 William Durant Bishop of Menda in Languedoc being summoned by Clement the fifth to the general Councel at Vienna to come and see what was fitting to be reformed in the Church made a book De Conciliis towards the beginning whereof he saith It seemes to bee a thing considerable that it is most expedient necessary that before any thing else wee should proceed to the correction and reformation of such things as ought to be corrected and reformed in the Church of God as well in the head as in the members And in the first Chapter of the third Book Certes as concerning the reformation of the Catholique Church to bring it about profitably with perseverance and effectually it seemes expedient that it begin at the head that is at the holy Church of Rome which is the head of all others Then hee sets downe in particular such things as stood in need of reformation representing a good many abuses of the See of Rome that deserved to be corrected But for all his learned discourse there was nothing done about them in that Councell witnes the Bishop of Panormo in his advice touching the Councell of Basil. This decree concerneth the estate generall of the Church and the matters belong to a generall reformation which may be hindred by a dissolution as it was by the dissolution of the Councell of Vienna 11 Nicholas of Pibrac who lived about the yeere 1290 tels strange stories both of the Pope and his Court in his booke called Occultus which I will not here insert And he afterwards addes Dites au Pape je vous prie Que
to expresse the same in this other distich Quisquis opes sacras nummo reperire profano Quaerit â—at Romam sacra sunt vaenalia Romae He that would purchase sacred wealth with gold Get him to Rome there sacred things are sold. He cites these verses also out of the same Author Vaenalia nobis Templa sacerdotes altaria sacra coronae Ignes thura preces coelum est vaenale Deusque We sell the temples altars priests and all Incense and fires which we most sacred call Crownes vowes and zealous prayers we spare them not Heaven with his lights and God himselfe to boot The same Doctour addes O that our holy Father Pope Pius the 5. would understand thus much and at my request now at last take notice of it I know not whether his immediate predecessour Sixtus the fourth ever heard of it but I am sure he tooke no order for it All this was spoken and published since the Councell of Trent and therefore so much the more remarkable CHAP. IV. Of the meanes which the Popes used to enrich themselves by and first of Taxes 1 NOw they served themselves of divers meanes and instruments to compasse these riches Doctor Espensaeus sets downe a list of the many trickes and devices of the Court and Chancery of Rome invented meerly for catching of mony where he puts in among the rest expectative graces or reversions howbeit this was after the Councell knowing very well that the reformation made in that regard did not binde the Pope Now saith he to omit Annates under what colour or pretence soever they be demanded which were condemned as Simony in the 21. Session of the Councell of Basil what shift can wee use to excuse from dishonest and filthy lucre those things which they call graces expectative secret reservations bestowing of Benefices upon the first commer uniting of many benefices to one Chappell Prebend or other Benefice mandates preventions propinations small or ordinary services conditionall resignations detaining of all the revenue in liew of pension and a number of such like things which were not heard of for a long time in the Church and which would bee strange newes to Peter and Paul if they should come into the world againe This is no more yet than what the latter of them foretold that they should buy and sell us with feigned words by reason of their covetousnesse such and so excessive are these abuses that not so much as their owne glossers but speake against them For the Commentator upon the rules of Innocent the eighth sometimes stiles the Chamber Apostolique the money-mother sometimes with Iugurtha in Salust he confesseth that all things are saleable at Rome sometimes he doth not conceale divers things either appointed or granted for the getting in of money by hook or crook according to what was observed by Ioannes Andreas iâ— cap. Sedes In Rescriptis And his holynesse great liberality in giving lead and taking gold which Mantuan speaks of is publiquely knowne even to children without any contradiction Si quid Roma dabit nugas dabit accipit aurum Verba dat heu Romae nunc sola pecunia regnat Hoc est Roma viris avibus quod noctua If Rome give ought 't is nought She takes your ware And gives you words Alas there 's none reignes there But Lady money now And as the Owle's To other birds so Rome to simple soules 2 This learned devine hath spoken much of these things yet withall hee hath omitted more as we shall also doe referring those that desire further information herein to the booke intitled Taxa Cancellaria Apostolicae printed at Paris by Toussaint Denis the yeere 1520. And yet this is nothing in comparison of the penitentiary tax printed with the same booke where every sin every crime how heynous so ever hath his price set so that to have a licence and impunity for sinning there needs no more but to be rich to have a pasport to Paradiseâ— both for a mans selfe and his misdeeds But that which might make Rome blush if there were any shame in her brow these pardons and indulgences are denyed to the poore and indigent who are not of meanes sufficient to raise these criminall and incestuous impositions It was not enough to exclude them indeed but they must specifie so much in downright termes for feare least some body might presume of some favour or exemption herein For in the second Tax marked B. under the title De rebus matrimonialibus it is said The dispensation for contracting within spirituall kindred g. LX. The same judgement serves for the scond degree for which the Datary must be compounded with for some great summe sometimes three hundred sometimes six hundred or otherwise according to the quality of the person And mark it well that such graces and dispensations as these are never granted to poore men 3 So that we live not in those dayes when it was more hard for a rich man to enter into the Kingdome of heaven than for a cable to goe through the eye of a needle for now the Kingdome of Heaven belongs to them and not to those beggarly creatures that have nothing but a staffe and a wallet Wee might here alledge many testimonies concerning this subject to evince this abuse but because it is too apparant wee will content our selves with setting downe the complaint which the same Espensaeus makes hereof after the Councell was done that so every man may perceive that those abuses were not taken order with but are now more frequent than ever they were 4 There is a booke publiquely set to every mans view saith hee which sels as well now as ever intitled Taxa Cancellaria Apostolicae which is prostitute and set out for gaine like a common whore whence more naughtines is learned than from all the Summists and summaries of all vices There is licence granted for many of them and absolution for all but only to such as will buy them I forbear the names for as one sayes they are very fearfull even the sound of them It is strange that in these times in this schisme that index and inventary of so many uncleane and abhominable villanies so infamous that I am confident there is not a more scandalous book in all Germany Suitzerland or any other place which hath separated from the Church of Rome was not suppressed Yea it is so farre from being suppressed by the Treasurers of the Church of Rome that the licences and impunities for those so many and such horrible crimes are renewed and for the most part confirmed by the faculties of the Legats which come from thence into these quarters with power to restore to their former estate all things that were utterly lost and so to legitimate all bastards whoresons and such as were begot by any unlawfull conjunction c. to allow people marriage with such as they had formerly committied adultery with to absolve
and dignity and substitute another worthy of itâ— by the authority Apostolique The King of France having such a wiâ—â—ed occasion offered made ready for warreâ— and mustered up an army But in the meane time behold the fraud while the comming of the King of France was expected by sea Pandulphus the Popes Legate comming out of France goes to King Iohn tels him what eminent danger hee is in shewes him how hee is utterly undone unlesse hee shadow himselfe under the Popes wings The King having learned from him how this protection might be sweares upon the holy Evangelists in the presence of the same Pandulphus that hee will submit unto the judgement of the Church Which judgement of the Church was that this poore King should be a vassall a slave and tributary to the Church of Rome Heare the words of the same Authour ensuing immediatly afterâ— Then hee resigned the Crowne of England to Pope Innocent and did homage unto him bringing a most free countrey into bondage to be made King of his owne Dominions and that with a tribute having framed an instrument hereof to be pitied and abhorred of all those that understand it 9 Hee that would read the Conveyance may finde it at large in the Histories of Matthew Paris and Matthew Westminster wee will here relate so much of it as shall serve our turne Wee offer and give unto Godâ— and to his blessed Apostles Peter and Paul to our mother the holy Church of Rome to Pope Innocent the third and his successours all the right of Patronage which we gave to the Church of England together with the whole Realmes of England and Ireland and all their rights and appurtenances for the remission of our sinnes and the sinnes of our progenitors as well alive as dead and receiving at this present from God and the Church of Rome all the premisses as a vassall and feudatary for which we doe liege homage and promise fealty to Pope Innocent and his Catholique successours And afterwards And in witnesse of this our gift and grant we will and decree that the Church of Româ— receive yeerly a thousand Markes â—â—erling of the proper revenues of our said Kingdomes besides the Peter-pence 10 After this that honest Iohn Lack-land was absolved from â—is excommunication And my Lord Legat began earnestly to advise the King of France to desist from his enterprise who was now in readinesse to passe over into England with great forces So Matthew Paris Another relates it thus The King of France being cozened by the many talks and faire words of the Popes Nuncio's seeing King Iohn sheltered under the shield of the Court of Româ— gave over his enterprise after he had spent fourty thousand pounds upon it receiving thereby a great deale of shame Thou wrongs him Englishman it is the sanctity of Româ— which should have blusht at it rather 11 This history with divers others of this kinde which wee could urge prove that to be true which Marsilius of Padua witnesseth The Bishops of Rome saith he having thus broken the ice they first excommunicated some under pretence of labouring for peace and unity amongst the faithfull people of Christ whereas it is indeed because they refused to stand to their judgement Afterwards passing sentence against them both reall and personall and very roughly against some namely such as are of least abilities to resist their power such are particular persons and common-wealths in Italy more mildly against others as Kings and Princes whose assistance and coactive power they are afraid of on whom notwithstanding they incroach by little and little and they endeavoured ordinarily to doe it by usurping upon their jurisdictions having the boldnesse to throw at all at onceâ— by reason whereof their close prevarication hath hithertowardâ— kept secret forasmuch as concernes the Emperours of Rome and their subjects yet so as that now they say they have all the coactive temporall jurisdiction 12 The Emperour Frederick the second being excommunicated by Gregory the ninth could not make his peace with him without a great summe of mony He obtained it not saith Platina till he had given twenty hundred thousand ounces of gold to the Church of Rome for the damages which hee and put it to and till he went in the habit of a supplicant as farre as Anagusie to the Pope About the yeere 1338. 13 Lewes King of Hungary was compelled to buy Campania at a deare rate of Clement the sixth which belonged to him as heire to his brother Andrew About this time saith Aventine the King of Hungarie's Oratours stucke fast in the same mire at Avignon Lewes King of Hungary that he might not bee excluded from his brothers kingdome bought Campania the inheritance of his brother Andrew which was set to saile by the Pope and gave him two millions eight hundred and sixty thousand crownes for it 14 Now these great treasures which they rake up together are partly for themselves partly for their children nephewes and other kinsfolkes which are oftentimes seene to be both beggars and Princes on one day For the first thing they doe after they are setled is to preferre and ennoble their kindred and divide amongst them not any pettie summes of money but whole Earledomes Dukedomes and Principalities to make them Generals of Armies and such like things so as all the pompe and magnificence is for them 15 This was in fashion in Marsilius de Paduaes age who lived about 336 yeeres agoe for speaking of the Popes he saith They either bestow when they are alive or bequeath when they are like to dye as great summes of money as they can not upon the poore but upon such as are linckt with them in affinity or otherwise however they bee robbing the poore of them The author of the Vergers dreame makes the Knight speake thus Ye never consider the goods of holy Church which your children your nephewes your parents and sometimes other lewd persons catch away 16 Rodericke Bishop of Zamore in Spaine and Constable of the Castle of St. Angelo in his Booke entitled The mirrour of mans life dedicated by him to Pope Paul the second about the yeere 1488. amongst other cares and inconveniences of the Popedome reckons this for one First saith hee domesticke care is an hindrance and besides that most unjust greedinesse and as I may so say most enraged madnesse of preferring their parents of perpetuating their family their kindred and the whole generation of such as are descended of their blood for some Popes would not have one onely but many great families and noble houses owe their originall to them and have honourable principalities springing from them 17 These are they of whom those words in the ordinance of Lewes the 11 made the 16 of August 1478 ought to bee understood It is a strange thing saith he that the unjust exactions of the Court of Rome should bee suffered such are their expectative Bulls
over General and Oecumenical Councels they stickle for it over others also Pope Symmachus tels us â—o very roundly The Councels of Priestâ— which by the Ecclesiasticall Canons ought to bee holden every yeere through the Provinces have lost their force and power inasmuch as the Pope is no longer present with them It is true indeed that Gregory the thirteenth when hee purged Gratians Decrets puts those words upon Damasus's adversaries and to helpe them for a shift the ensuing words upon him Silly fooles that you are did you ever read of ought that was determined in them but by appointment from the See Apostolique and without having constant recourse to that See to consult when any matter of importance was in hand 3 Yet still this makes the validity of these Councels to depend upon the Popes authority And Pope Gelasius is in the same tune saying That it is not lawfull to assemble any particular Councell nor was it ever permitted so to doe but when any question was to bee resolved either touching some doubtfull passages in Generall Councels or touching salvation recourse was wont to bee had unto the See Apostolique The severall Acts of Councels both Provinciall nationall and Generall holden in divers Countries may easily convince these domestique testimonies of falsity in asmuch as it is plainly evident from them that those Councels were holden without the presence authority or consent of the Popes and yet withall they made some Canons whereof the Popes afterwards served themselves and were well content they should be enrolled in their books 4 Wee have also divers presidents of sundry Councels holden against the the Popes as that of Rome called by Otho the Emperour against Pope Iohn the 12 about the yeer 956 Another called about 1040 by the Emperour Henry the 3 against the Popes Bennet the 9 Sylvester the 3 and Gregory the 6. That at Sutoy a town in Tuscany called by Henry the 4 Emperour against Bennet the 10 ann 1058 That at Brixine called by the same Emperour against Gregory the 7. about the yeere 1083 As also the first and second at Pisa the one against Gregory the 12 and Bennet the 13 the other against Iulius the second There is not one of all these which was either called or consented unto by them at first and I am much deceived if ever they were confirmed by them after CHAP. VI. That notwithstanding all these authorities the Popes doe arrogate unto themselves the power of calling Councels and how long it is since they usurped it 1 IT is not without good reason that wee have produced so many passages to prove by the testimony of all antiquity that the right of calling Councels belongs to the Emperours and not to the Popes and that their consent or advise was never required thereunto considering that if wee give ear to them there is no man how great soever hee bee in place that may interpose himselfe in this businesse but themselves And if wee must stand to their words it is a judged case Observe I pray you how they speake of it The power of calling Generall Councels saith Pelagius the second was by speciall priviledge devolved upon the See Apostolique by Saint Peter And Leo the first that so belaboured the Emperours Theodosius Valentinian and Marcian to obtaine leave of them that a Generall Councell might be called saith in a certaine epistle of his directed to a Spanish Bishop Wee have sent out our letters to our brother-Bishops and summoned them to a Generall Councell Sixtus the third saith Valentinian the Emperour hath called a Councel by authority from us So Pope Marcellus and Iulius the first affirme That Councels cannot bee holden without the authority of the See of Rome 2 As for Pelagius wee must tell him by his good leave that it is not true which hee saith and desire him to answer all the fore-cited authorities And for Pope Leo if the will may passe for the deed it was hee that called the Councell indeed for I doubt not but hee was as greedy of arrogating this to himselfe as the presidency for which hee was at daggers drawing with Dioscorus who as hee said had cozened him of it underhand But it may be hee goes not so farre as some would beare us in hand for he meanes onely of a Generall Councell of all the Bishops of Spaine but not of all Christendome The entire passage which is mangled and cited by Bellarmine is as wee have formerly alledged it conceived in these termes Wee have sent out our letters to our brethren and fellow-Bishops of Tarraco Carthagena Portugall and Gallicia and have summoned them to a Generall Councell And it seemes he much distrusted his owne power for hee addes But if any thing hinder the celebration of a Generall Councell which God forbid yet at least let the Clergy of Gallicia assemble themselves Now he that should grant the Pope this power of calling a Councell of the Bishops of Spaine should give him onely the authority of a Patriarch in the West but not in Africk nor in the East So that there is nothing gotten by this place for the calling of Generall Councels and for others we shall speak of them anon 3 Now for Sixtus we will demurre upon an answer for him till such time as he hath proved unto us that the Emperour called that Councell which hee speaks of by authority from him And for the saying of Marâ—â—llus and Iulius it is capable of a tolerable construction for they speake not of the calling but of the holding of Councels 'T is true indeed that for the holding of them they take too much upon them by the word Authority they should have used another terme for that is too imperious to expresse what they intend For all the authority they pretend to comes but to this That a Generall Councell cannot be holden unlesse they be called to it Which we grant to be true And this is the meaning of that old Ecclesiasticall Canon mentioned by some authours Which forbids the making of Decrees in the Church or as Bellarmine expounds it the celebration of Councels without the opinion and advise of the Bishops of Rome The application which Pope Iulius the first makes of it clearly proves as much when hee complaines that hee was not called to the Councell of Antioch where Athanasius was condemned charging them for that with the breach of that Canon Iulius saith Socrates in his letters to the Bishops of the Councell of Antioch tels them they had offended against the Canons of the Church in that they called not him to the Councell Forasmuch as the Ecclesiasticall Canon forbids the making of any Decrees in the Church without the opinion and advise of the Bishop of Rome 4 And Sozomen saith Iulius writ to the Bishops which were assembled at Antioch accusing them for seeking after novelties contrary to the faith and beliefe of the Nicene Councell and contrary to the lawes
ought to bee esteemed as great and grosse in a particular Councel as in a General seeing that by his reckoning all Councels whatsoever are but petty accessories which bring no great advantage to the principall But if he grant that a Generall Councell where the Pope is hath no more power than a particular where the Pope is also hee plainely confesseth that the principall authority of Councels is not derived from their heads CHAP. IV. Of Appeals from Popes to Councels 1 THat which Saint Austin proposeth in the place above-cited touching judgement of a Councell after the Popes sentence is a kinde of Appeal This gives us occasion of here setting downe certaine precedents of such as have been put in from Popes to Councels The Emperour Ludovicus Bavarus the fift of that name releeved himselfe by this meanes against Pope Iohn the twentie second who had excommunicated him for taking upon him the name of Emperour before hee was confirm'd by him Hee appeal'd saith the German Chronicle to a Generall Councell and to the Pope who was now misinform'd in the matter when hee should be better informed Yet notwithstanding hee charged his Ambassadours whom he sent to Iohn to use all kinde of humilitie towards him to see if hee could pacifie him before hee proceeded to this remedie Which being done they got no other answer but this That it was not lawfull for him to demeane himselfe as Emperour and be called by that title unlesse hee had by way of preamble been confirmed by him after his election and he appointed him a day to make his appearance at Rome to excuse himselfe and make satisfaction for his faults upon condition that in the meane time he leave off the name and administration of Emperour And upon his refusall to doe thus hee thundered out his excommunications against him Whereupon say the same Chronicles Lewes did appeale from him And that which followes is worth the noting The processe of the See of Rome had at that time a great deale of force for it was a crime inexpiable to be of a different opinion from the Pope But Lewes had some Doctors in both lawes which held the Popes sentence to bee invalid which opinion of the Doctors was a cause that many stood firme to the Emperours party 2 The States of Germany assembled at Francford the yeare 1338 went yet further for they cassed the sentence of the Pope and of his conventicle held at Avinion By the councell and advice of all the Prelates and Princes of Germany met together in the City of Francford we declare and ordaine that all such proceedings are of no power force nor efficacy But of this we have spoken sufficiently in the first Chapter of our first Booke 3 In the yeare 1328 saith a German Monke Pope Iohn in full Consistory condemned the letter of the generall Chapter of the Friars Minorites holden at Peruse whereupon Michael de Cesano Generall of the Order for that yeare made an appeale against the Pope affirming that the Popes determination touching the poverty of CHRIST IESVS was hereticall 4 In the yeare 1460 Sigismund Duke of Austria pleaded an Appeale from Pope Pius the second to a Generall Councell in these termes Considering then that his Holinesse hath bereft us of all hopes of possibility of obtaining justice at his handâ— by reason whereof we cannot appeale to the Pope better informedâ— seeing that his eares are growne deafe towards us and his indignation is inflamed after his desire Wee appeale unto the Pope which shall succeed him to judge of his predecessors actions and to the Generall Councell which shall bee assembled The cause of this appeale grew from Pope Pius his excommunicating of Sigismond and the ground of the excommunication was because that Sigismond had kept backe Cardinall Cusan from the Bishoprique of Brixen which was within his dominions being highly offended that it was given unto him in commendam by the Pope And because the act of this appeale was drawne by Haymbâ—urgâ— a learned Lawyer in his time and that he had made it be sixt upon the gates of the Church of Florence the Pope fell a quarrelling with him too thundering out another excommunication at his head of which as also of the former he makes mention in one of his Epistles But our Doctor was so little amused with it that hee put up another appeale in his owne name from the Pope to a â—uture Councell which he set out with many prettie reasons the copie whereof we may reade to this day 5 We have oft releeved our selves in France against the abuses and usurpations of Popes by this course Innocent the third caused this Kingdome to bee interdicted by his Legat which was come hither and that because of the marriage which Philippus Augustus had contracted with Iâ—geberge sister to Cam the King of Dalmatia But the King saith Iohn le Maire armed himselfe with an appeal to a future Councell Howbeit it is recorâ—ed by another author that the appeal was put in by the Kings Agents froâ— the Legat to the See of Rome but they may be both true For the appeal might bâ—e first made from the Legat to the Pope and because that appeal was not admitted then from the Pope to the Councell And I beleeve it was so considering that we read at this day the Decretall Epistle of Innocent which he sent to Philip where he maintaines that his Legats ought not to admit of the Appeal seeing saith he an Appeal cannot be made from a Minister and that his Legat had done nothing of his owne proper motion but by command from him 6 So likewise Philip the Faire appealed from the usurpations and insolences of Boniface the eight to the See Apostolique then vacant as he said and to a fuâ—ure Councell saith Platina in his life This likewise was the meanes which M. â—ohn de Nanterie the Kings Atturney Generall used against the Bulls of Cardinall de Balice appealing from them to the Pope better inform'd or unto those to whom the Appeal did of right appertaine These are the very words as they are in the Collection of the liberties of the Gallicane Church 7 The famous Vniversitie of Paris perceiving the eager pursuit which Pope Pius the second made by his Legat sent into France to Lewes the eleventh to get him to cancel the Pragmatique Sanction appealed from all the Popes attempts to a â—uture Councell saith the same Iohn le Maire and Robert Gaguin who lived at that time And the same King Lewes in the yeare 1463 to secure himselfe from the censures of the said Pope with the advice of his Parliament caused an Appeal to be put in by his Atturney Generall from the said Pope to â— future Councel and ordained by an arrest that the Cardinal of Constance should be punishedâ— because he had resisted the authorities and rights of the King saith Mr. Iohn de Tâ—llet 8 The same Vniversitie put in an
the Clerke and the Souldier which is an abridgement of the former containing a defence of the Lawes Royall of the Kings of France against the Popes usurpations dedicated unto Charles the fift and translated into French by his command Peter de Ferrariis the Practitioner who is put in two places for feare of missing him in the one hee is condemn'd outright in the other they have done him this favour to spare his life upon condition that he be gelded which was afterwards put in execution to the purpose They have not spared even Pope Pius the second himselfe not content with that declaration which he set forth in his Bull declaring all that to be hereticall which he had written against the Popes authoritie when he was called AEneas Sylvius and by consequent the booke which he intitled De origine authoritate Imperatoris Romani where he speakes of Imperiall lawes in other termes than the Popes doe to the prejudice of their Decretals Our Lawyer Baldwin for all he was an enemie to the Hugenots yet could not escape the furie of Rome but was condemned as a Heretique for a booke which he made Of the Ecclesiasticall and Civill Lawes of the Emperour Constantine And because he gives the Emperours too much power over Ecclesiasticall discipline whereas by the doctrine of our Popes they are no more but meere executioners of their Decrees and Constitutions having no power to intermeddle further 4 All other bookes which have treated of the Imperiall or Royall power whether for temporall matters exempting them from the power or iurisdiction of Popes or for spirituall and ecclesiasticall discipline have undergone the like condemnation and amongst others that which beares this title What manner of power it is that belongs to Kings The historie of Francis Guicciardine where he speakes of the usurpation of Popes and the progresse of them The lives of the Emperours set out by Iohn Cuspinian where he speakes of the same things The historians of Germany printed by Wechelius the yeare 1584 because they relate in their histories the unjust proceedings of the Popes against the Emperors and afford some testimonies for the rights of the Empire The Flowers of Histories with the Author of them Matthew Westminster an English Monke who liv'd about the yeare 1375 because he hath oft time spoken his opinion concerning such usurpations and unjust dealings The Commentaries of Claudius Espenseus a Sorbon doctour upon the Epistle to Titus because he speaks too favourably in behalfe of Kings and gives them too great authoritie in the Church as also because he speaks a litle too freely against our Councel and the beastlynesse of Rome That great worke of Marguarinus de la Bigne a Sorbon Doctour intitled Bibliotheca Sanctorum patrum because the Pragmatique of Saint Lewes concerning the rights and liberties of the Gallican Church is there found and other writings and tracts which shewes the power of our Kings as the Historie of Gregorie Archbishop of Tours Ado Archbishop of Vienna Sigebert Abbat of Gemelard who speaks also of the Imperiall authoritie That goodly remonstrance of the Court of Parliament of Paris exhibited to King Lewes wherein is represented the power and authoritie of our Kings in the Church the opposition which they have made against those Popes which would have invaded our liberties which they have put also in two places that so an iterated act may bee of more force and many more which a man may take notice of at leasure 5 The third ampliation is That they have power to abolish and condemne all those books and writings which have been published at divers times in defence of Councels and of the authoritie of the Church against the usurpations of Popes And upon this consideration it is that the book of Zabarel Cardinall of Florence concerning schisme was condemned together with some others whereof we have spoken already The counsell of the Abbat of Panormo made in defence of the Councel of Basil The book of AEneas Sylvius of the same Councel of Basil which troubles them infinitely And it is very credible the author would never have thought of doing of it if hee had beleeved that ever he should have beene Pope The Acts of the second Councell of Pisa which they call a Conventicle which tends to the disgrace of us Frenchmen of whom it did mainely consist The booke of Duarenus intitled De sacris Ecclesiâ— ministeriis because hee limits the Popes power and many other Authours 6 The fourth ampliation is That it is lawfull for them to enroll amongst these the writings of all such as have recorded the vices and abuses of the Popes Court of Rome to demand a reformation thereof Or who have spoke of them by way of complaint or otherwise as Theodoric of Nihem one of their Officers who hath told us strange stories of the lives of Popes during their schisme Cardinall Benno who hath told us wonders of Gregorie the seventh who was called Hildebrand and some other Popes that lived before him Nicholas de Clemangiis a devine of Paris who speaks very freely after the French fashion of the abuses of the Court of Rome The hundred grievances of the German Nation put up in the Dict of Noremberg in the yeare 1522 by the Catholique Princes and other States there assembled to be presented to the future Councel which was afterwards called at Trent See what justice was done to them in this case As also all the tracts put together in a book intitled Fasciculus rerum expetendarum fugiendarum which concerne especially this reformation and others in great abundance 7 Many ampliations yet more might bee made but wee will content our selves with these This were too much if our Popes could be content with it It is to be feared that they will not tho and that they will increase their roll from yeare to yeare Wee shall see them shortly take upon them to abolish the lawes edicts constitutions and ordinances ancient and Moderne of Emperours and Kings To wit all those that speake of Ecclesiasticall discipline of the authoritie of Princes in the Church in justice in election and nomination to Bishopriques of their rights and priviledges and the liberties of their Kingdomes and Empires It is their meaning that no man shall make any question of it but they durst not as yet leap beyond their limits for feare least the heavinesse of their load should make men kick They come to it by degrees as they have alwaies done And to make their designe appeare as cleare as the day we need but represent two of their pieces to wit the Bull De coena domini which they continually renew Looke the sixteenth Article of that which Gregory the thirteenth sent into France in the yeare 1575. and Gregory the fourteenth during our last troubles We excommunicate and anathematize all and every one the Magistrates Counsellours Presidents Auditours and other Iudges by what name soever they bee called the Chancelours
in any sort meddle with any thing that concernes the Church save only so farre forth as they are commanded by them Pope Paul the third serves himselfe of this instance against the Emperour Charles the fift being vexed at some Decrees which were maâ—e concerning Protestants at the Imperiall Diet of Spire ann 1544. Vzziah saith hee was an excellent King and yet for all that became a leper God so punishing his presumption because hee would have burnt incense upon the Altar It is a worke well pleasing to God to have a care of his Churches but that is the Priests office not yours but it belongs especicially to mee to whom God hath given the power of binding and loosing The Kings of these daies must â—ot meddle with the administration of the Sacraments the performing of Ceremonies the preaching of the word nor other such Ecclesiasticall offices But for the ordaining and making of Ceremonies for the reformation of abuses the extirpation of schismes and heresies the politie of the Church and such like things they both may and must look to them and have alwaies done so either by having a hand in them themselves or commanding them to bee done or by confirming the lawes and statutes and ordinances concerning them 8 Wee will here observe by the way that the Emperour the Kings of England and France have a more particular right and priviledge in the Church than others by reason of their Vnction at least if wee take Balsamon the Patriarch of Antioch his words for it who commenting upon the 69 Chapter of the Councell in Trullo saith The Orthodox Emperours that promote the Patriarchs with invocation of the blessed Trinitie and are the anointed of the Lord goe in to the blessed altar when they please and offer incense and imprint the character with a triple wax aswel as Prelates doe yea they teach the people to instruct them And he afterwards adds Forasmuch as hee that is now Emperour is also the Lords anoynted by reason of the Chrisme that is of the unction of the Kingdome and that Christ our God is reckoned for a Priest aswell as others hee is also justly endowed with priestly graces Some are of opinion thâ—t this is the reason that our King of France receives the holy communion under both kinds that hee is served by those Clergy men which are most eminent in dignitie as the Archbishop Cardinals as when the kisse of peace is to bee given in the Church they must bring it him or for saying grace at his table and such like â—ut let us hold on our former course 9 One of the greatest arguments wee have to justifie this power is that Councels themselves have confessed it and have recommended such constitutions to our observation The sixt Generall Synod called in Trullo declares That they obseâ—ve the Canon which was made by their predecessours which sayes thus If any citie by the Emperours power have beene made anew or hereafter shall bee made let the order of things Ecclesiasticall conforme unto the order of Civill and Politique affaires Where Balsamon the Patriarch makes this exposition This present Canon doth ordaine that such cities as are preferr'd by the Imperiall power or hereafter shall bee preferred be honoured by the Churches in such sort as the Emperours commanâ— shall prescribe That is bee accounted Episcopall or Metropolitan Sees For it is fitting the Ecclesiasticall order follow the Civill command We say likewise that by this present Canon the Emperour hath power to erect new Bishopriques and preferre others to the dignitie of Metropolitans and set a forme for the election to them and other administration of them so as hee shall thinke good According hereunto the Primacy of the Church was conferr'd upon Boniface the fourth by the Emperour Phocas He obtained of the Emperour Phocas saith Martinus Polonus that the Church of the Apostle Saint Peter should be the head of all Churches because that of Constantinople did pretend to be the chiefe 10 The Popes have beene so well pleased to receive this Primacy at the hands of Princes that they have even made Constantine the Great speak of it in the fabulous instrument of his donation And giving over that they bragge That the Church of Rome erects Patriarchships Primacies of Metropolitans Bishops Seates and the dignities of all orders of Churches For these are Pope Nicholas the second his own words in his Epistle which he writ to the Milanois which is recorded in the great Decree Which the later Popes kâ—ew well how to practise insomuch that Pope Iohn the twenty second made horrible alterations in our France within a litle time For he erected the Church of Tholouse to an Archbishoprique divided the Diocese of Tholouse into six Bishopriques the Bishops whereof should bee Suffragans to the Archbishop of Tholouse and turned six Villages into Cities to wit Montauban Rieux Lombez Abbey St. Papoul Lavaur and Mirepoix lodging the Bishops in them and erecting the Episcopall Seats there assigning to every oâ—e his proper Diocese He created two Bishopriques within the Archbishoprique of Narbon the first at Limoux whose seat hee translated to Alet not â—â—ng after the second in the Abbey of Saint Pons setting out their Dioceses Hee divided also the Bishoprique of Alby into two and created one at Castres Hee erected divers others besides which are reckoned up in particular â—y the authour of the continuation to Martinus Polonus from whence I borrowed the former passage verbatim But let us returne to our former discourse 11 A certaine Councell of Paris holden under Lewes the Gentle saith that the Church approves and observes a constitution made by the Emperour Iustinian concerning excommunication As concerning unlawfull excoâ—munication saith it the law of the Catholique Emperour Iustinian which the Catholique Church doth observe and approve hath ordained that no Priest shall excommunicate any man till such time as the cause be proved for which the Ecclesiasticall Canons doe command it to bee inflicted This very constitution on Iustinian hath beene followed and allowed by our Popes as they themselves doe testifie in their Books and the addition made unto it by the Glosse is remarkable So for a long time about eight hundred yeares the Emperours made laws concerning Ecclesiasticall persons and affaires and the Church obeyed them This Glosse was afterwards put out because it told too much 12 At the Councell of Meaux held in the yeare 945 it is said That the Capitulary lawes concerning the Church which were made and set out by the great Emperour Charlâ—maine and by the Emperour Lewes be strictly observed as 't is knowne that lawes should bee observed The same Councell intreats King Charles the younger To grant the Bishops a freer libertie for the execution of their ministeries in their Parishes The same Charles the Great had ordained in his Capitulary That to every Church there should bee given onely one entire Manour without any other