did acknowledge him 12 Charles the sixth having called a Councell at Paris the yeare 1398. to consult about the schisme which then was betwixt Boniface the ninth and Benedict the thirteenth He would not suffer the Archbishops and Bishops of Rhemes Roan Sens Paris Beauvis and some others to assist there because they were Benedicts partizans by reason of the great courtesies they had received either from him or his predecessour 13 The Bishops of the fourth Councell of Toledo use this preface which is very remarkable Wee being assembled in the Citie of Toledo by the care and diligence of King Sisenand to treat in common of certaine points of Church discipline according to his injunctions and commands Wee will conclude this Chapter with a passage of Marsilius Humane lawgivers saith he are bound to chuse out fit men for the keeping of Councels and provide necessaries for the defraying of their charges to compell such as refuse to come thither provided they be able men and have beene chosen whether they be Clergymen or others CHAP. XI That the presidence in Councels belongs to the Emperour and Kings as also the judgement 1 THe calling of Councels doth not onely belong to Emperours and Kings but also the presidence and judgement in them Constantine the Great was president in that of Nice So Pope Miltiades testifieth in Gratians Decrees Valentinian Theodosius and Arcadius the Emperours doe confirme it in the same Decrees Constantine the Emperour say they presided in the holy Councell of Nice c. The reasons which are urged to the contrary are too weake to disprove these authorities as when it is objected that Constantine would have sit upon a low seat in token of humilitie that he would not be judge among the Bishops but professed that he ought to be judged by them that he would needs subscribe unto the Acts in the last place It is not good to use so many complements with Popes that which is given unto them of courtesie is taken as of necessity This yeelding hath made them soar so high that if this Councell bee received wee must talke of greater mâ—tters than kissing their pantofle If they who defend the Popes cause so stoutly refuse to beleeve their Canons at least without a dispensation what others will doe judge you St. Ambrose his authoritie which is further added is of no more force than the rest Constantine saith he would not make himselfe judge but left the judgement free to the Clergy Wee must distinguish betwixt the function of a Iudge and of a President They would have made him Iudge of the Bishops crimes that hee would not doe this is nothing to the Presidence we shall speak of it elsewhere The saying of Athanasius is the most pressing of all in that complaint which hee makes against the Emperour Constantius who would have been President and Iudge against him in the Councell of Milan yea and that so as to condemne him The condemnation was indeed injust but O how passion blinds us in our owne cause the good man to prove the nullity of the judgement urgeth amongst other things that it cannot bee a lawfull Councell wherein a Prince or any other Lay man is President For saith hee if it bee a judgement of Bishops what hath the Emperour to doe there Hee exclaimes mightily against such Presidence but all because hee was condemned there If hee had beene acquitted he would have beene sure not to have said mum to it Hee condemnes in this what hee approves in a like case for when hee was deposed by the Councell of Tyre he had recourse to Constantine he presents himself before him to make his complaint and was a meanes that the Emperour sent to seeke all the Councell to render a reason of that action of theirs If a man should have said then If it be a judgement of Bishops what hath the Emperour to doe with it What would Athanasius have answered 2 The grand controversie in point of religion betwixt the Catholique Bishops and the Donatists which was spred over all Africa was decided at Carthage by Marcelline one of Honorius the Emperours Officers after a long dispute in his presence Read all the books and you shall never finde that ever they complained of him Nay on the contrary St. Austine who was one of the disputants to testifie his gratitude for his just sentence dedicated his books De civitate Dei unto him Pope Nicholas admittes them unto Councels when points of faith are there handled yea and all other Lay men too without distinction whether it be to judge or to preside there 3 If a man will suppose mee here an ignorant Prince it would bee a very great indecorum for him to engage himselfe in such matters as these and hee had better forbeare yea and just so had a Bishop too But if the Prince have learning and ability what reason is there to exclude him It would indeed suit better with the dignity of his person to let disputing alone to the Bishops yea and the ordering of the whole action to some one of them or other such as hee shall thinke fit alwayes reserving to himselfe the Presidency with the determination confirmation and putting in execution the Decrees after hee hath seene and considered of them It is no jesting matter when salvation is in question a Prince hath as deep an interest in this as a priest But let us hold on our course 4 Zonaras testifieth that the Emperour Theodosius assisted at the first Councell of Constantinople and therefore wee may inferre that hee was president of it for wee read of no other that tooke that place upon him as we shall say elsewhere As for that of Ephesus Theodosius the younger sent Candidianus one of his Officers to preside there but with a limited commission having first charged him not to intermeddle with questions and controversies of divinity And this is the reason why Cyrill the chiefe in dignity of all the Patriarchs who were there in person is by some authours called the President of that Councell 5 Dioscorus Patriarch of Alexandria did preside at the second Councell of Ephesus by authority from the Emperour Theodosius This we collect out of the first Action of the Councel of Chalcedon where the Iudges that were presidents say How the Right reverend Bishops to whom at that time that is at the time of the Councell of Ephesus by the Emperours clemency authority was given over such things as should bee there treated of give a reason why the letters of the most holy Archbishop Leo were not read yea and when it was interposed that they ought to bee read Dioscorus the Right reverend Bishop of Alexandria made answer The Acts themselves beare witnesse how I did twice interpose that they might be read This is further confirmed by Evagrius in his Ecclesiasticall History 6 Bellarmine thinks he hath given us very good content by saying
State Hee that is curious to see this prophecie may finde it amongst the vulgar revelations Now that the Kings of France now reigning are descended from Charles the Great the Popes themselves confesse as Innocent the 3 who after hee had made mention of Charlemaigne hee addeth Of whose race this King viz. Philip Augustus is descended and by consequence all the rest of Hugh Capets line Whether this prophecie be true or no I referre my selfe to other mens judgements I will only say that it seemes this reformation is destined to come from France considering that in the greatest distempers of the Church our Kings have ever put to their hands with the formost that they have ever either wrought or procured a reformation That they have been instigated and exhorted so to doe by the words and writings of the learned men of their times as wee shall elsewhere observe That they have preserved the libertiâ—s of the Church within their Kingdome more than any besides That at this instant all men of understanding cast their eyes upon them as they who must be the restorers of the Church and which have more ability to do it now than ever When God hath appointed it to bee done hee will touch their hearts CHAP. XIV Of Cardinals 1 AFter wee have done with the Pope wee will speake a word of the Cardinals The Emperour Ferdinand desired they might bee reduced to a smaller number the Councell hath determineâ— nothing about it and yet nothing could be more justly demanded that great company stands in great charges they have need of many incomes to maintaine them Hence mainely doe proceed an infinite company of abuses raigning now adayes which the Pope must dispense with to ease his coffers of so much for there is no good reason hee should create such great Lords as they are to starve them for want of sustenance Besides the publique must ever be sensible of it Christian Princes and their Kingdomes must pay deare for their folly though they bee hardly able and all must light upon their shoulders 2 This is not the first time this reformation hath beene demanded it is above an hundred and seventy yeers agoe since one of their own order complained of it namely the reverend Cardinall of Cambray in his booke De reformatione Ecclesiae for amongst other wayes which hee proposeth for the lessening of those monstrons exactions which were made in his dayes in the Court of Rome hee puts this for one The diminution of the number of Câ—rdinals that so their multitude may not bee so great and burdensome as it hath hitherto beene That it may not be objected to the Court of Rome Thou hast multiplied thy people but thou hast not growne greater it would be expedient to take an order for the meanes of Cardinals and other Clergy-men so as it may not be lawfull for them to enjoy that prodigious and scandalous plurality of benefices of which abuse the ancient Sages have complained and amongst them William Bishop of Paris 3 It will not bee amisse to set downe also the complaint of a French man of our own Nicholas de Clemangiis in his tract De ruind reparatione Ecclesiae who after he hath exclaimed against their pride and vaine-glory But omitting their vanity saith hee who can sufficiently expresse the infinite and insatiable hunger of their covetousnesse First of all what greedinesse is this to hold such a number of repugnant and incompatible benefices They are Monkes and Canons Regulars and Seculars Vnder the same habite they enjoy the rights degrees offices and benefices of all religions of all Orders of all professions not two or three but ten twenty an hundred two hundred yea sometimes foure hundred even to five hundred and upwards And those no petty ones nor contemptible hut of the fattest and best and how great a number soever they have of them they are never content but would still have more They are daily suing for new graces new grants Thus they catch up all the vacancies and goe away with all Hee speakes yet more of this point but this must suffice for the present 4 See then a reason of great consequence for the lessening of their number and indeed it was one of the petitions which were put up at the Councell of Constance by all the Nations of Christendome and and which was set in the fore-front Of the number quality and Countrey of the Lords Cardinals 5 Vpon which Pope Martin tooke time to deliberate just so have his successours done ever hithertowards and for our Fathers of Trent it never troubles them A REVIEW OF THE COVNCELL OF TRENT BOOKE III. CHAP. I. Of the calling of Councels WEE come now to the grievances which are found in the Decrees of this Councell for as for the Canons wee meddle not with them and observe in the first place that whereas former Councels at least such as were free and lawfully called have alwayes cowed the Popes power when it swelled into an excessive greatnesse this hath run quite counter to the râ—st ascribing unto him a power truly soveraigne For the Pope now adayes hath absolute authority over all things in the Christian world The power both in temporals and spirituals is given unto him not only over Kings and Emperours but over Councels also So that when he shall please to wrong any man there is no meanes left to resist him Wee shall make this appeare so plaine that there shall bee no occasion of further doubting by setting downe here all the Decrees of the Councell which concerne this point 2 First it is to bee observed that Pope Iulius the 3 in his Bull December the 15 1551 ingrosseth to himselfe the sole right and authority of calling Councels Wee saith hee to whom it belongs as being now Pâ—pâ— to signifie and direct Generall Councels This is the Bull wherein he signified the continuation of the Councell of Trent which is inserted amongst the Acts â—f it 3 But this is not all yet for after hee hath declared that he will bee president in the Councell for the further manifestation of his high and soveraigne power hee addes Ordaining neverthelesse that whatsoever any man by what authority soever shall attempt to the contrary whether he know of this or not shall be void and of no effect Wherefore it shall not be lawfull for any man in the world to breake or infringe this present Act of our advice pleasure innovation and decrees or out of an audacious rashnesse to contradict it All these brags and bravado's were approved by the Fathers of that Councell inasmuch as the Councell which had kept Holiday for full foure yeers and beene adjourned to Bononia by Paul the 3 was brought backe againe to Trent by virtue of this Bull so that the Bishops there obeyed the Pope sans contradiction 4 So then hee challengeth the power of Convocation exclusively to all others wherein he is avowed by the Councell nay it is the
19 20 c. Their excessive luxury Chap. X. p. 112. 1 OF the unlimited and injust power of Popes 2 3 Given them by their flatterers 5 And admitted by themselves 8 Wherein the plâ—nitude of the Popes power is said to consist 9 How superior to Angels 10 And th'Apostles 12â— 13â— 14 How deified by his flatterers 15 The adoration of his feet 20 The donation of Constantine 21 22. c. Severall Popish maxims concernâ—ng the Popes supreme authoritie in temporals 30,31 c. Of his transferring the Eâ—pire and bestowing of Kingdomes 41 Absolving subjectâ— from the oath of â—llâ—geance 52 Power 〈◊〉 Infidel Princes 53 Donation of the West Indies 55 Testimonies of Popes for their supremacy 56 The King of France 〈…〉 how evaded by Popes 57 The Popes usurpations over Kings approved by this Councel 59 The King of France frivolously excepted 60 The ill consequences of the Popes temporall power Chap. XI p. 120. 1 OF the Popes honours How they make Kings their Lacqueyes 2 By their Ceremoniall 3 And have required the actual performance of these services The quarrell with the Emperour Frederick for holding the wrong stirrop 4 For putting his name before the Popes 6 7 Other insolent carriages of Popes towards severall Emperours and Princes 10,11 A draught of the Popes greatnesse 12 Those authours that extend it furthest best encouraged others supprest and purg'd Chap. XII p. 123. 1 POpes opposed in their attempts over Kingdomes and Empires By the Clergy of France 3 4 In their excommunicating and deposing of Emperouâ—s 5 By the Clergie of Liege 6 The Popes power in temporals spoken against by St Bernard 7,8 c. And divers others 10,12 Opposed by the Nobles of England 13 14 The Nobles and Clergy of France 15 The States of the Empire 16 17 The Canonists 21 23 Devines and Historians 24 25 Princes and Parliaments 26 27 Popes absolving subjects from their allegeance disproved 33 A list of such authours as deny their temporall power Chap. XIII p. 131. 1 A Parallel betwixt Christs humilitie and the Popes ambition 2 The pride of Rome bodes her fall 3 The Court of Rome like the image in Daniel 4 A prophecy of a King of France Chap. XIV p. 134. 1 THe number of Cardinals too great 2 An occasion of many abusesâ— 3 Of their prodigious plurality of benefices 4 Their number anciently complain'd of 5 But not reform'd by the Councell BOOKE III. Chap. I. p. 137. 1 THis Councel gives too much to the Pope 23 By allowing them the power of calling it 4 And submitting all the Decrees to him 5 6 And allowing him the power to translate it 7 Popes usurpe the power of calling Councels 8 Or at least of approving them 9 Councels anciently called by Emperours not Popes without either their command or explicite consent Both generall aâ— the first of Nice 12 thâ— first of Constantinople 13,14 c. Without any command from the Pope proved at large against Bellarmine 18 The first of Ephesus 22 Bellarmines ansâ—â—rs refuted 26 The first of Chalcedon 30 The Councel of Sardis Chap. II. p. 145. 2 THe fift Generall Councell at Constantinople called without the Popes consent 3,4 So likewise the sixt 5 And seventh being the second Nicene 6 And eight generall at Constantinople 8,9 c. Fifteen other Councels some 〈…〉 called by Emperours withoâ—t the Popes 〈◊〉 19 The 〈…〉 tâ— come upon the Empâ—râ—urs call 20 That Conâ—â—lâ— were called by Emperours is confess'd by Popes Chap. III. p. 149 1 EMperors called not Councels by commission from the Pope 2 But Popes were petitioners to them for the holding of them As Liberius to Constantius 3 Celestine to Theodosius 4 5 6 And other Popes to other Emperours 7 8 Which was the common practice of other Bishops 9 Popes sometimes called Councels by commission from the Emperours Chap. IV. p. 151. 1 THat Emperors when they called Councels directed their summons to Popes as well as to other Bishops 5 How in ancient Councels they spoke by interpreters 6 The Popes ignorance in the Greek 7 8 Popes presence at Councels not entreated but commanded as well as others Chap. V. p. 153â— 1 DIvers particular Councels called without the Popes presence consent or authority 2 Yet they claime the power of calling them as well as generall 4 Examples of severall Councels called against Popes Chap. VI. p. 154. 1 THat notwithstanding all these authorities the Popes arrogate to themselves the power of calling Councels 2,3 Their testimones answered 4 Generall Councels should not be held unlesse the Pope be called to them 5,6,7 That priviledge common to him with other Patriarchs 11 The old Canon upon which the Popes build their authoritie examin'd Whether one of the Apostles 12 Whether confirm'd by the Nicene Councel 13 Ancient esteeme of the Bishop of Rome 14 Or at Alexandria 16 17 Spurious Canons and testimonies imposed upon ancient Popes 18 Ancient practice contradicts that pretended Canon 20 How long it is since Popes first tooke upon them to call Councels 21 Emperours called some since that 23 Popes may call Provinciall Councels within their owne Diocese Their particular Diocese of what extent 26 As may other Patriarchs 27 Whether a Generall Councell be now possible if not called by the Pope Chap. VII p. 161. 1 POwer of calling Provinciall Councels given by the Councel of Trent to the Popes 2 Which anciently belonged to Kings and Princes 3 Proved to belong to the Kings of France in France 4 5 A particular enumeration of above forty nationall Councels called by command of the Kings of France 18 Of others by their consent and approbation 19 Councels called by the Kings of England within their dominions 20 Many others by the Kings of Spaine Chap. VIII p. 167. 1 THat it belongs to the Emperors and Kings to appoint the place where Councels shâ—ll be held and not the Pope 2 Proved by examples of Emperours and petitions of Popes 4 That Princes also prescribe the time when Councels shall be holden Chap. IX p. 169. 1 THat the power of prorogueing translating and dissolving Councels belongs to Emperours and Kings and not to the Pope 2 3 That power used by the ancient 6 Challenged by late Emperours Chap. X. p. 170. 1 THat it belongs to Emperours and Kings to prescribe what persons shall bâ—â— admitted in Councels 2 And what matters shall bee handled in the â—â— 3 And in what manner 7 And forme Chap. XI p. 173. 1 THat the Presidence in Generall Councels belongs not to the Pope exclusively but to Emperours as also the judgement in them That Constantine was President of the Nicene Councel Reasons to the contrary answer'd Athanaâ—ius his testimony censured 3 How Princes may fitly use their authority in Councels 5 Who presided in the second Councel of Ephesus 6 Zonaras and Evagrius misalledg'd by Bellarmine 7. The Emperour appointed Iudges in the Councel of Chalcedon 8 Which were not the Popes Legates 8 9 c. Arguments to the contrary
of incurring the curse of God and eternall damnation And presently after he addes Wherefore the Clergy doth most humbly beseech you that you would be pleased to ordaine that the decrees of the most sacred Councell of Trent may be generally published throughout your Dominions to be inviolably observed by them 6 Nicolas Angelier Bishop of Saint Brien made the like instance to the same King October the third 1579 in the name of the Clergy assembled at Melun Wee have saith hee earnestly desired and doe now desire more earnesty and will desire as long as we breath of God and you that the Councell of Trent may be published and the elections restored to Churches and Monasteries Which publication of the Councell is not desired by us that wee may thereby raise up you and other Catholick Princes in armes to spoile and butcher such as have stragled from the true Religion for wee desire not to reclaime and reduce them to the flock of Christ by force but by sound doctrine and the example of a good life For he we know came not into the world to destroy but to save the soules of all men for whom hee shed his precious bloud and if need so required we would not stick in imitation of him to lay downe our lives for the salvation of those poore misused soules But we desire that Councell may be published for the establishment and maintaining of a true sound entire and setled discipline which is so necessary and behoofefull for the Church 7 Iuly the seventeenth 1582 Renald of Beaune Lord Archbishop of Bourges and Primate of Aquitane delegat for the Clergy in this case spoke at Fountainbleau in this sort The whole Church Christian and Catholick assisted by the Legates and Ambassadours of the Emperour of this your kingdome and of all other Christian Kings Princes and Potentates did call assemble and celebrate the Councell of Trent where many good and wholesome constitutions usefull and necessary for the government of the Church and the house of God were ordained To which Councell all the Legats and Ambassadours did solemnly sweare in the behalfe of their masters to observe and keep and cause it to be inviolably kept by all their subjects yea even the Ambassadours of this your Kingdome solemnly tooke that oath Now it is received kept and observed by all Christian Catholick Kings and Potentates this Kingdome only excepted which hath hithertowards deferred the publication and receiving of it to the great scandall of the French nation and of the title of MOST CHRISTIAN wherewith your Majestie and your predecessors have been honoured So that under colour of some Articles touching the libertie of the Gallican Church which might bee mildly allayed by the permission of our holy father the Pope under scugge I say of this the staine and reproach of the crime of Schisme rests upon your kingdome amongst other Countries which signifies no lesse in Greeke then division and disunion a marke and signe quite contrary to Christianity and which your Majestie and your predecessors have ever abhorred and eschewed and when some difficulty was found about the receiving of some other Councells as that of Basil and others all was carried so gravely and wisely that both the honour and unity of the Church and also the rights of your crowne and dignity were maintained and preserved And this is the cause why the Clergy doth now againe most humbly desire your Majestie that you would be pleased to hearken to this publication and removing all rubs which are laid before you concerning it that you would with an honest and pious resolution make an end of all to the glory of God and the union of his Church 8 There was a Nuncio from the Pope who arrived in France in the beginning of the yeere 1583 who prosecuted this matter with a great deale of earnestnesse yet for all that he could not move Henry the third one jot who like a great statesman as he was perceived better then any other what prejudice that Councell might be unto him His majestie that now reignes was startled at that instance and afraid least that importunity should extort from him somewhat prejudiciall to France whereupon hee writ to the late King concerning it who made him this answer 9 Brother those that told you that I would cause the Councell of Trent to be published were not well informed of my intentions for I never so much as thought it Nay I know well how such publication would be prejudicall to my affaires And I am not a little jealous of the preservaton of my authoritie the priviledges of the Church of France and also of the observation of my edict of peace But it was only proposed unto me to cull out some certaine articles about Ecclesiasticall discipline for the reforming of such abuses as reigne in that State to the glory of God the edifying of my subjects and withall the discharge of my owne conscience A thing which never toucheth upon those rules which I have set downe in my edicts for the peace and tranquillitie of my Kingdome which I will have inviolably kept on both sides 10 November the nineteenth 1585 the same Bishop of Saint Brien delivered another oration in the name of the said Clergy and was their deputy whereby after he had commended the late King for his edict of Reunion and exhorted him to the execution of it and the reformation of Ecclesiasticks he addesâ— This is the reason Sir why we so earnestly desire the publication of the holy Councell of Trent And above others my selfe have a more speciall command sâ— to doe For that Councell hath not only cleeredâ— resolved and determined those doctrines of the Church Catholick which were controverted by hereticks to the end that people might not waver and suffer themselves to bee carryed away with every wind of doctrine raised by the malice and cunning of men to circumvent and eâ—tice them into errourâ— but also it hath most wisely counselled and ordained every thing which may seeme necessary for the reformation of the Church considering the exigency of these times 11 There was also another assault made upon him Oâ—tober the fourteenth 1585 by the Lord Bishop and Earle of Noyon in the name of the Clergy assembled in the Abbey of Saint German neer Paris which is more pressing than the former Wee present unto you saith he to the King a Booke which was found at the removing of the Churches treasures writ by the prudent and grave advice of the many learned and famous men assembled in the Councell of Trent guyded by the holy Ghost who with a great deale of travell paines and diligence have renewed the ancient ordinances of the Church which were most proper for our maladies and for those vices which at this present are most predominant in the State and withall have provided for those which being of no great standing amongst us had not any particular remedies assigned them The royall Priest hath put
seasoning Wherefore by the just judgement of God his decrees are scarce well received yet nor ever will be till he have reformed himselfe and his dependants And in good deed I thinke the chiâ—fe cause of the deformation of the Church is the wound in the Head which hath need to be cured first and formost 24 And anon after Wherefore it seemeth to me an incredible thing that the Catholique Church should be reformed unlesse first the Court of Rome be so but as the world goes now we may see how hard a thing that is And anon after Those which have the presidency in Councels on the Popes behalfe when they see that matters in the Councell make against their maisters and them what can be expected from them but that they will withstand the decrees of such Councels with might and maine either by dissolving them or sowing dissentions in them and so the thing shall remaine unperfected and we be driven to râ—turne to the old wildernesse of errour and ignorance Every body knowes this to be most true unlesse it be some one haply who is not experienced in times past The tragedy which was acted in our age at the Councell of Basil doth sufficiently prove it as they knew well who have laid downe the story before our eyes 25 Felix Hemmertin who lived at the same time a great zelot of the Popes so farre that he railes upon the Councels of Constance and Basil yet hee thus speakes of them I protest I will open my mouth to speake in parables and will at first set downe such propositions as are things which we have seene and knowne and which our forefathers have declared unto us and which have not beene concealed by their children in another generation Truly by readingâ— turning searching perusing and examining all the histories and all those that have beene versed in them we finde that since the time of the Prince of the Apostles through all his successours one after another following herein those that have writ exactly of the acts and affaires of the Bishops of Rome untill this present we never saw heard nor understood that greater and more notorious excesses were committed in point of avarice ambition oppression cheating cozening naughtinesse cruelty and severity by way of stateâ— and under colour of mildnesse than is now adayes committed by great and small that have any command in the house and Court of Rome 26 Iames Piccolominy Cardinall of Papia who lived in the time of Pius the second hath inserted amongst his epistles a letter which a friend of his writ to him from Rome in this manner Would you know what is done in the City nothing but as it used to be nothing but coursing canvassing and plotting the saying of the Philosopher is verified the Court is a place ordained for deceiving and being deceived mutually the Counsell seldome sits the Pope is mightily troubled with cares that is with the care of that warre which he had voluntarily undertaken as the same Epistle tels us lest any should thinke that it was the zeale of thy house hath eaten me up 27 In the dialogue intitled Aureum speculum Papae made about two hundred yeeres agoe wee finde this exclamation Good God with what danger iâ— the ship of St. Peter tossed the preaching of Paul is despised the doctrine of our Saviour neglected and in the Court of the Church of Rome which is the head of all other Churches there is no soundnesse from the sole of the foot to the crowne of the head Theodorick of Nihem who was the Popes Secretary said as much in the end of his second booke of schisme which he writ in the yeere 1410. In effect there is no soundnesse in the Catholique Church even from the head to the sole of the foot As also Nicholaâ— Clâ—mangiuâ— in his booke Of the ruine and reparation of the Church The saying of the Prophet is true from the sole of the foot unto the crowne of the head there is no soundnesse in it 28 Baptista Mantuan a great Devine in his time a Frier of the order of St. Mary of Mount Carmel an Italian borne who lived about 1490. hath spoken much of this subject Espensaeus the Devine hath stuffed ten or eleven pages with his verses which talke of nothing more than the vices abuses and abominations of the Popes and their Court of Rome I will forbeare to recite them contenting my selfe to referre the curious reader either to the author himselfe or to him that there quotes them 29 Mr. Iohn le Maire one of our French Historians who writ his booke of Schisme about the yeere 1500 gives us to understand that they were about this reformation in his time without which the former Councels were to no purpose shewing withall how necessary a thing it is Every good Christian saith hee ought to pray God that the two last Councels of the Gallicane Church may engender one great universall and generall Councell of all the Latine Church to reforme that Church as well in the head as the members so as those Generall Councels use to doe And that if it be not kept at Lions it may be kept in some other place most expedient and necessary for the publique good which may bee very well done at this present considering the great peace amity and union which is betwixt the two greatest Potentates in Christendome the Emperour and the King together with their third confederate in the league the Catholique King Ferdinand of Arragon who ought altogether to be inclined to reforme the abuses of the Church of Rome which reformation must of necessity be made 30 The second Councell of Pisa was holden in the yeer 1512 where they consulted about many good rules against the Pope But Iulius the second plaid them a trickâ— calling the Councell of Lateran which made that of Pisa to cease and disâ—nulled all the decrees thereof so that we are yet complaining against the Court of Rome Now that it was necessary at that time to proceed to the reformation of the Head we perceive well enough by the testimony of Mantuan and Iohn le Maire as also it is evident from the Acts of that Councell of Pisa as we have said in the fourth Chapter of the first book This very necessity continued till the Councell of Trent so much we learned from Pope Adrian the sixth and the relation of the delegates of Paul the third for matter of reformation As also it is confirmed by Langius a German Monke in the Chronicle which he writ in the yeere 1520. For see here the description of a few abuses of Rome under Leo the tenth The desire of money makes all things saleable at Rome Simony is tolerated for gold pluralities of prebends are granted in great number all benefices and dignities of what condition soever are reserved for the Cardinals Protonotaries and Popes minions graces and resignations are granted without any stint annates or halfe of fruits
of the holy Church of Rome to wit the imputation of covetousnesse which is the root of all evill And mainely in this that no man could dispatch any businesse at Rome without chaffering and disbursing large summes of money and giving of bribes But in as much as the poverty of Rome said he is the ground of this scandal and infamy the naturall children ought to relieve the poverty of their mother Wherefore said he for the utter rooting out of this scandall we require that two prebends be allowed us out of all Churches and Abbeys and the meanes of one Monke out of every Covent But the English perceiving the fallacie to be too grosse made a mocke of that demand 7 Wee must here relate a dream which a certaine Bishop had of the Election of Benedict the 12 and what he said unto him He dreamed that some body appeared to him upon the night and said Thou seekest the Pope Hee is not And returning againe a little after said Wouldst thou see the Pope This is he shewing him a big man whom he knew not but being arrived at Avignon where the See then was just upon the poynt when they were going to the election of a Pope after the death of Iohn the 22. Having found that Cardinal Blank was the man which was shewed unto him he sought him out saying unto him Father you shall be Pope And having rehearsed his dreame unto him he added He that shewed me your visage carried me into a most filthy stable full of dirt and dung where I saw a coffer of most white marble quite empty you are that coffer which you must fill with virtue in executing this charge O you shepheard and stable-groome clense the Court and See Apostolique which is now nought else but a filthy nasty stable of villany covetousnesse and Simony 8 One of our Law-commentators saith The Emperor like the Eagle leaves his prey does not as one insatiableâ— set his teeth to every kind of meat but it is otherwise with the pope who like the universe coÌ„tains all things An officer of the court of Rome after he hath spoken of severall taxes of the Chancery saith By these upstart and unusuall exactions is verified the saying of Alphonsus King â—f Arragon recorded by Antonius Panormitanus in his book of the Apothegms of Alphonsus to wit that the Harpies doe not live now in the Iles but have shifted their habitation and reside in the Court of Rome So true they found it that one of our greatest Canonists cites the very same Another Canonist geeringly sayes The Pope is very liberall that takes a great deal of gold for a little peece of lead But he hit it more fitly that said The Pope in this had found out the Philosophers stone One of our ancient practitioners makes this prayer That some good Emperour would stand up against those that destroyed the world anciently by their devotion but now by their covetousnesse and rapine who have ruined the state of the Empire and all Lay men And in another passage speaking of charges The Pope saith hee hath reserved them both in this case and many of this nature to fill his owne purse and his insatiat Court. And againe he saith That the ground of all avarice and ambition is in the Court of Rome and that the Romanists doe many things against God and his laws to their eternall disgrace and everlasting losse of their souls 9 An English Monke saith that in the yeere 1181. under Alexander the 3. Prester Iohn King of the Indies for so he calls him was aminded to serve the Church of Rome Of which great designe there had beene a happy issue if the same or rather the infamy of the Romane avarice had not defiled the whole world through all parts of the earth which made his devotion to grow somewhat cold Theodoric Vric a Devine of the order of the Austin Monks in his first booke De consolatione Ecclesiae which hee dedicated to the Emperour Sigismond affords us also this testimony Papa stupor mundi cecidit secúmque ruêre Calica templa Dei membra simúlque caput Papa dolor mundique pudor per crebra patescit Crimina seu scelera famine sonifero Heu Simon regnat per munera quaeque reguntur Iudiciumque pium gaza nefanda â—etat Curia Papalis fovet omnia scandala mundi Delubra sacra facit perfiditate forum Ordo sacer baptisma sacrum cum chrismate sancto Venduntur turpi conditione fori Dives honoratur pauper contemnitur atque Qui dare plura valet munera gratus erit Aurea quae quondam fuit hiâ—c argentea Papae Curia procedit deteriore modo Ferrea dehinc factâ durâ cervice quievit Tempore non modico sed modò facta iâ—tum Postque lutum quid deterius soletesse recordor Stercuâ— in tali Curia tota sâ—det Downe goes the Pope the wonderment of all With him Gods Church the head and members fall The Pope the worlds both griefe and shame is knowne By 's many crimes which now are famous growne Now who but Simon bribes are all in all And wicked pelfe just judgement doth forestall The Popish Court doth foster all disgrace And turnes the Church into a market place Chrisme Orders Baptisme all which holy are Are basely sold as at a pedling faire The rich is honour'd and the poore neglected He that can give most shall be best respected The Court of Rome which was of gold before Then turn'd to silver of a baser ore Next stiffe-neck'd she not onely for a flirt Grew into iron now is turn'd to dirt And after dirt what worse yet now I thinke on 't What but Sir reverence all the Court doth on 't All this which the authour delivers in a hobling verse Du Ranchin translated word for word to keepe the closer as he saith to the sense But wee have expressed it as you see 10 Petrarch in an Epistle of his saith That the grim porter is appeased with gold that heaven is opened with gold and Christ himselfe sold for money Learned Espensaeus complaining of the connivence of the Fathers in this Councell cites divers verses out of Mantuan wherein the vices of the Court of Rome are represented wherewith he hath filled divers pages but not to swell this Treatise too big I shall content my selfe to set downe here only this little fragment of his discourse Whose distich is this I pray you saith he Vivere qui cupitis sanctè discedite Roma Omnia cum liceant non licet esse bonum He that would holy be from Rome must â—ye All things are lawfull there but honesty Surely it is not onely a Poets but a Philosophers yea a Devines yea a Monkes and that an Italians namely Mantuans the very same is urged also by Clenard the Devine professor of Hebrew at Lovaine at Paris in Portugall yea more this man who was nothing lesse that a Lutheran hath ventured
keeping it so close it appears more in deed that in writing in what sort the Catholique faith prospers by this meanes 19 Gregory of Haymburgh a German Lawyer who lived in the time of the Councell of Basil complaines likewise of these Annates and other exactions of the Pope upon benefices and Ecclesiasticall preferments The Empire saith he being thus divided or vacant they proceeded further reserving to themselves all advowsons and dignities how Canonically soever disposed of yea and the presentations to benefices surcharging withall the Bishopriques and other livings with Annates and other Symoniacall exactions for investiture into these livings that otherwise belonged to the Empire that the Popes by this meanes might squeaze all the treasures of the world as if they were not content to have usurped the Empire It was one of the Articles proposed by all the Nations of Christendome at the Councell of Constance there to bee reformed conceived in these terms Of Annates and petty services And indeed there was a mighty bickering about it betwixt the Cardinals who opposed the proposall and the French who did earnestly sollicite the contrary as appeares by the answere of our French men printed amongst the works of Nicholas de Clemangiis but at last the Cardinals by meanes of their shiftings and put-offes got the victory insomuch that there was nothing done in it 20 Albert Crants a German Historian and Devine in his book called Wandalia speaking of a tenth which Pope Paul the second would have laid upon Germany for making war against the Turke saith That the Archbishops of the Rhene were scarce willing to give way to this imposition because the Pope received the first fruits which was a great pressure to Germany and all saith he that the Cardinals may have to feed their beasts Volaterranus speaking of Rome in the 30 book of his commentaries dedicated by him to Pope Iulius the 2 saith That livings are there bestowed for wages and the spirituall treasure is made a merchandise 21 There is an arrest of the Parliament of Paris dated the 11 of September 1406 wherein it is said That Pope Benet and his officers should from thenceforth give over and abstaine from the exaction of Annates in this Kingdome of France and the Countrey of Daulphiny The Councell of Basil made also a very remarkable Decree hereabout in the 21 Session The holy Councell ordaineth that from this time forwards there shall bee nothing exacted either in the Court of Rome or else where for letters Buls seals Annates common and petty services first-fruits or any other title name or colour whatsoever for confirmations of elections admission of requests provisoes of presentations nor for any collation deposition election demand or presentation to bee made even by Lay men Nor for institution installation and investiture in Churches even Cathedrall and Metropolitan Monasteries dignities benefices and other Ecclesiasticall offices whatsoever Nor for Orders nor the sacred benediction nor for the Pall. This same decree was in expresse words inserted in the Pragmatique â—anction and confirmed by it Wee may take notice by the way of the prohibition made by the Councell and the Pragmatique sanction against the Popes that they should not take any thing for the mantle or Pall which they were wont to sell to Archbishops and Metropolitans at a good round price as they did also afterwards notwithstanding these decrees as appears by the complaint which Langius maketh against Leo the 10 A great summe of money saith he is extorted for the purchase of Bishops Palls to the detriment of Churches against the constitution of the holy Councell of Basil which ordained that nothing should bee paied for the Pall nor for the confirmation or obtaining of other offices But to returne to Annates 22 It may seeme that the Bull of Pope Leo the 10 added at the end of the Concordate and confirmed by the letters patents of King Francis the first hath derogated from the Pragmatique sanction But that Bull was never received and approved in France as M. Peter Rebuffus doth testifie This constitution saith hee as being about a money matter was never received by the inhabitants of this Kingdome Nor is it comprehended within the Concordate nor the Kings declaration concerning it verified in the Court of Parliament And indeed all such Annates are expresly prohibited in the second Article of the Decree at Orleans Vpon the remonstrance and request of the delegates of the said States to the end that for the time to come no money for vacancy nor Annate be payed for the grant of Archbishopriques Bishopriques Abbeyes or other benefices that concerne the Consistory we have determined to conferre and treat more largely hereabout with the Commissioners of our holy Father the Pope and in the meane time by the advice of our Councell and according to decrees of the sacred Synods and ancient Statutes of the Kings our predecessours and the arrests of our Courts of Parliament we do ordaine that all transportation of gold or silver out of our Kingdome and all payment of money under colour of Annate Vacance-money or otherwise shall be left off and surcease under paine of paying foure-fold to all such as doe contrary to this present decree But afterwards the execution of this decree was suspended by the letters patents of the same Prince dated the 10 of Ianuary 1562 procured by the earnest entreaty of the Cardinall of Ferrara and Annates were tolerated in this Realme by reason that the Pope assured the King hee would take order for a reformation herein as appeares by the contents of the said letters which run thus 23 Charles c. Whereas at our comming to the Crowne at the request of the three estates of our Kingdome holden in the City of Orleans by the advice of the Princes of our bloud and other great eminent persons of our privy Councell we commanded our subjects that they should not transport or carry any more money out of our said Realme under colour and pretence of Annates and Vacants and made other prohibitions concerning the obtaining of benefices by anticipation devolution dispensation or such like meanes of dispatch sent out of the Court of Rome as is specified in the copy of the Ordinances aforesaid in the second fourth and twenty second Articles Which prohibitions were published in our Court of Parliament and other the jurisdictions of our said Kingdome whereof complaint and remonstrance hath beene made unto us by our deaâ—ly and welbeloved Cozen the Cardinall of Ferrara Legate in France who hath entreated us to restore the things aforesaid unto that state wherein they were before the said Ordinance of Orleans We declare that we desire to render all honour and filial devotion to our Holy Father and out of the great confidence we have that his Holynesse will looke to provide and speedily to take order as need requires that the matters aforesaid may be reformed as
of the Popes of the ambiguity of them and the controversies which arise from thence he addes It is hard to finde any one though he make his title to appeare as clear as the day that goes away with a living without all dispute For then they thinke their Court to be most flowrishing and fortunate when it rings with a multitude of causes suits quarrels and wranglings with a wild and furious noise and on the other side to bee lame miserable and forsaken when it wants suits and is at quiet when the incumbents doe peaceably enjoy their right 4 Cardinall Cusan in his booke De concordia Catholica saith Wee know the great noise of suits in the Courts both Ecclesiasticall and Civill bring much hurt to the Common-wealth by reason the suits are so intricate and endlesse but especially for that causes are not ended and determined in those places where they were first conceived in their owne Countrey but are oftentimes drawne to the Court of Rome and that upon every triviall point that concernes benefices whereas none but causes of importance ought to be brought thither 5 The Parliament of Paris in the Remonstrance made to Lewes the 11 in behalfe of the liberties of the Gallicane Church and for the retaining of the Pragmatique Item in very deed if these constitutions were not there would not be a Clergy-man certaine of his estate For proofe whereof wee may remember how they of the Court of Rome have behaved themselves herein after it was repealed by the King For they not onely tooke upon them the cognizance of causes Ecclesiasticall but also of causes concerning right of inheritance yea and of causes royall the cognizance whereof belongs to the King and his Court of Parliament as hath beene seene in many particular cases where the Court sent to the King in Guien and there the King provided for them by remarkable Edicts which were registred and published in the said Court Item to prove that it is a depopulation of the Kings dominions it is certaine that before these decrees and constitutions were made by reason that reservations and donations in reversion were in force and the cases tryed in the Court of Rome the subjects of the Realme left their Countrey in great numbers some to serve Cardinals others to be officers others wanting service spent that meanes which their parents left them to to purchase some favour there and others in great abundance to vex and trouble those that stayed at home to get their benefices insomuch that what by the tediousnesse and danger of the way what by reason of the plague which is commonly at Rome the most of those that went thither dyed and those that escaped these perils so molested with citations old feeble persons residing upon their livings and such as were not able to defend themselves that by reason of these vexations they shortned their dayes and dyed sooner than they would have done by the common course of nature Item Others ambitious of preferments exhausted the purses of their parents and friends leaving them in extreme poverty and misery which was sometimes a cause of shortning their dayes and all the gaines they got was a peece of lead for gold and when they thought to be preferred by their patents in comes another with an annullation and sometimes you might find ten or twelve grantees of the same beneficeâ— and upon the controversie thence arising all enforced to trudge to Rome againe to plead the case there to the continuall vexation of the subject and the dispeopling of the Realme 6 S. Bernard also exclaimes hard against these suits arising in the Court of Rome for addressing his speech to Pope Eugenius the 3 he saith What means this I pray you to plead from morning till night or to hearken to those that plead with my consent let malice bee content to take up the day but the very nightâ— are not free there is scarse so much allowed to the necessity of nature as will suffice for the repose of this poore bodie it must rise againe for these wranglers one day begetteth suits to another and one night certifieth his malice to another 7 In another place he complaines of the great multitude of appeals which â—low to Rome from all coasts of the world How long must it be before you awake and consider such a mighty confusion and abuse of appeals They are commonly practised without either right or reason beside all order or custome without any distinction or difference of place manner time cause or person they are easily admitted and ofttimes impiously Those that would bee wicked were they not wont to be terrified with them but now they on the contrary doe affright others and especially honest men with them goodmen are appealed by knaves to hinder them from doing good and they give off for the awe which they beare to the voice of your thunder Lastly appeals are put up against Bishops that they may not dare to dissolve or forbid marriages appeals are put up against them to hinder them from punishing or curbing rapines robberies sacriledges such like crimes appeals are preferred to hinder them from putting backe or depriving unworthy and infamous persons of sacred offices and benefices Which hee afterwards proves by such examples as befell in his time which wee passe over 8 Hildebert Archbishop of Tours exhibited the like complaint to Pope Honorius the second in these words We never yet heard on this side the Alps nor found any such thing in the sacred Canons that all sorts of appeals should be received in the Church of Rome but if haply any such novelty bee crept in and it be your pleasure to admit all appeals without distinction the Papall censure will be undone by it and the power of Ecclesiasticall discipline will be trampled under foot for what royster with not appeal upon the least commination of an anathema What Clerk or Priest is there which will not defile or indeed which will not bury himselfe in his owne excrements upon confidence of his frustratory appeall by virtue whereof the Bishops cannot presently punish I say not all sorts of disobedience but not any at all The least appeals will break his staffe rebate his constancy quell his severity in putting him to silence and the malefactours to an impunity of offending 9 They not only enâ—ruate the ordinary jurisdiction of Bishops and other Ecclesiastiques by their appeals but also by other wayes without sparing of those that breathed nothing but the greatnesse of Rome as amongst others Ivo Bishop of Chartres who after hee had done much good service to the Court of Rome insomuch that he cast himselfe out of favour with his Prince and did many ill offices to France was finally compelled to make make his complaint that a cause of his depending before the Ordinary was removed to Rome by an extraordinary way And likewise that the ordinary course of justice is
and other like knackes their money for vacancies which is levied contrary to the holy Canons and Decrees and contrary to the determination of the Catholique Church and sacred Councels that what is so gotten may bee employed in purchasing of Earledomes and Lordships to bestow upon people of meane condition and to preferre them without any precedent merit without any service or use which they can doe to the Church or for the defence of the faith 18 Francis Guicciardine in the fourth booke of his history of Italy in the discourse which he makes of the Popes of Rome which hath beene expunged by some cozeners amongst other vices and abuses which he observes in the Popedome thiâ— is one An earnest and everlasting desire of preferring their children their nephewes and all the rest of their kindred and allies not onely to inestimable riches but also to Kingdomes and Empires And a little after To exalt their kindred and raiâ—e them from a private state to principalities they have of late yeeres beene the authors of warres and the firebrands of the late combustions in Italy We heard before what the same author told us of the Indulgence money of Leo the tenth how it was bestowed to the use and petty pleasures of his sister Magdalen 19 We will conclude this discourse with a passage out of the same author which will bring us upon another Their study and businesse is not onely saith he speaking of the Popes holinesse of life nor the propagation of religion and charity towards God and menâ— but armes and warres against Christians handling sacred things with bloudy thoughts and hands but an infinite desire of money new lawes new trickesâ— new inventions to â—nhanse their rents from all parts for which ends they shoot out their coelâ—â—tiall arrowes they most impudently practise a trade and traffique of all thingâ— sacred and profane whereby their riches being augmented to an excessive greatnesse and scattered over all their Court have brought forth pride luxury debauched manners and most abominable pleasures See here the saying of a ringleader and conducter of the Popes army of one who was Leo the tenths favourite 20 Let us paâ—se a while upon this luxury which he speaks of and set down the complaint which divers others have made against it First that which S. Bernard saith to Eugenius the 3 I doe not spare you here saith hee that God may spare you hereafter shew your selfe a sheepheard towards this people or else confesse that you are not so you will not deny that you are leasâ— you should deny your selfe to be his successour in whose See you sit that Peter who for ought that wee know never went adorned with precious stones attired in silks and cloathed in gold mounted upon a white palfrey surrounded with a guard attended with a great many Lackeys and yet for all he had the power without all these to accomplish that saving commandement If thou love meâ— feed my sheep 21 Iohn Sarisbury Bishop of Chartres who lived about 1180 saith That the Pope is burthensome and insupportable to all men 3. â—e builds Palaces out of the ruineâ— of Churches he goes accoutred not only in purple but in gold 22 Marsilius of Padua Let them tell me I pray them with what conscience according to Christian Religion they spend the goods of the poore living after a worldly fashion upon so many unnecessaries in horses servants banquets and other vanities and delicates both secret and publique They I say who for the ministery of the Gospel ought to be content with food and raiment according to the Apostles appointment in the first to Timothy CHAP. X. Of the injust power of the Popes 1 ONe of the maine poynts touching the reformation of the Popes is the unbridled and redoubted power which hee challengeth both in spirituals and temporals considering that hee pretends to have an absolute and soveraigne power over both It were fitting me thinks to set bounds to the plenitude of that power which hath neither banks nor bottome to him that extends his jurisdiction over all the world even as low as hell and purgatory as high as heaven which takes hold of great and small Clerks and Laiques things sacred and profane which hath set all the Church yea all Christendome by the ears together which is the source and fountaine of all our miseries and against which there have beene so many complaints exhibited upon this occasion 2 Paul the thirds Delegates had a touch at this point in their reformationâ— In former times say they the truth could not have accesse to the audience of certaine Popes by reason of certaine flatterers which magnified and extended their power too much perswading them that they were Lords paramount of all and might doe any thing what they list from this spring have so many miseries in great flouds overflowed the Church that shee is now quite overborne and drowned See here what they say who were conjured by the Pope upon oath and upon paine of excommunication to tell him the truth of all that required reformation Wee have formerly observed a place in Zabarel of the like straine with this 3 Master Iohn Gerson in his book De potestate Ecclesiae hath the very same On the other side saith hee upstarts cunning and glozing fâ—attery whispers the Clergy but especially the Pope in the care O how great is the height of your Ecclesiasticall power O sacred Clergy all Secular authority is but a toy in comparison of thine seeing that as all power is given to Christ both in heaven and in earth so Christ hath bequeathed all to S. Peter and his successours So that Constantine gave nothing to Pope Sylvester which was not originally his owne but only restored unto him what he injustly detained from him Againe as there is no power but is of God so there is nothing temporall or spirituall Imperiall or Regall which is not of the Pope upon whose thigh God hath writ King of Kings and Lord of Lords So as to dispute his power is a kinde of sacriledge To whom no man may say Why doe you so although he should exchange purloine of sell all the temporals the goods lands and lordships of the Church Let me be a lyar if all these things are not written by such as seeme to bee wise men in their eyes and if they have not beene beleeved also by some Popes 4 So Marsilius of Padua in many sundry places of his Defensor Pacis particularly in the second part and twenty fifth Chapter They have taken up a title saith he which they arrogate to themselves and which they would make an instrument of this wickednes namely the plenitude or fulnes of power which they say was given to them in particular by Christ in the person of St. Peter as that Apostle's successours By reason of which accursed title and their sophisticall manner of discourse they use a certain captious kinde
the people and have been content to give onely their consent or to confirme them or to give the investitureâ— The Emperour Charles the Great ordained by his Capitularie Lawes that the Bishops should be chosen by the Clergie and people of the same Dioces Our Popes have not forgot it in their owne bookes thinking that they had gain'd thereby some advantage upon France But our Kings by this remitted nothing of their authoritie but reserved unto themselves their consent and approbation and investiture which they used ever after even Charles the Great himselfe the authour of that law But howere it be hee that made the law may unmake it he may change it at his pleasure If there were any thing in it to their disadvantage which there is not 17 They would also make a law against our Princes from a certaine pretended prohibition which Nicholas the first set out against King Lotharius that he should not permit any to bee chosen Bishop of Treves or of Cullen without first consulting with the See Apostolique declaring unto him he was not pleased that he should meddle in such elections to preferre such persons as were his favourites And they have laboured all that they could to gaine this authoritie over our Kings which they for their parts have alwaies stoutly defended even by making faire decrees to debarre them from meddling 18 Possibly it will be said unto us that all this is done by usurpation abuse and unlawfull attempt There then wee must straine to root this false opinion out of their braines We will therefore justifie their right by the authoritie of Councels and first by that of Orleans which is accounted the fifth holden in the time of Pope Vigilius the first and of King Childebert the yeare five hundred fortie nine where this decree was made That it shall not be lawfull to obtaine any Bishopriques by presents or by meanes of any such like purchase but with the kings consent according to the election of the Clergie and people as it is written in the ancient Canons 19 Carloman Duke and Prince of the French speakes thus in the Synod of France holden in the yeare seven hundred fortie two By the Councell of the Clergy and chiefe men of the kingdome we have ordained Bishops over the Cities Pepin Duke and Prince of the French useth the same termes at the Councell of Soissons holden in the yeare seven hundred fortie foure Wherefore saith he we have instituted and ordained lawfull Bishops over the Cities with the advice of the Clergy and Princes of France Now this is spoke by them with the approbation of those Councels yea they are the verie Acts of the Councell which speake so 20 The Councell of Paris addressing their words to the Emperours Lewes and Lotharius under whom it was holden in the yeare eight hundred twenty nine We intreat your Majesties to use great diligence and most exact care in the institution of Rectours and Pastours in the Church This petition presupposeth that such right belong'd unto them and that the Councell thought so otherwise they would rather have intreated them to forbeare 21 The Councell of Valentia holden in the yeare eight hundred fiftie five intreats the Emperour Lotharius that as soone as certaine Bishopriques shall come to be void he would leave the Canonicall election unto the Clergie and people of that Citie And as for such as should be sent from the Princes Court if upon examination any default were found in him either for manners or learning or any thing else that he would be intreated to chuse another Whence we collect that the Councell consents unto this that the Prince may elect any of his Court such as he shall thinke good provided they be of qualitie requisite to Ecclesiasticall dignities and for the rest intreats him to leave the election to the Clergie and people It showes us that this was in their power and withall that the Councel intends this election shall be made by the Clergie and people saving the consent and approbation of the Prince Let us proceede to other testimonies 22 There is a very remarkable one in Marsilius of Padua his Defensor Pacis And as for the proposition about the institution of Ecclesiasticall Ministers and the distribution and collation of temporall benefices I will shew by the authority of the Catholique Kings of France some things which are not to bee contemned but ought rather to be considered for they assure us that the authority of instituting and bestowing of certaine Ecclesiasticall offices benefices and temporall meanes belongs unto them by right which de facto they have caused to be inviolably observed to this very day in such sort that this authority is not derived from them either upon any particular person or upon any Colledge of what condition soever So neither is the law-giver nor Prince prohibited by the law of God to make such institutions collations and distributions 23 Our expositors upon the Civill Law say the same and testifie by their writings that this facultie of conferring dignities and Ecclesiasticall benefices belongs unto our Kings of France determining further that it is a thing which may be done and amongst others Iohannes Monachus Alexander Lancelot Conrade all which speake both for matter of right and fact Lupus Abbot of the Abbey of Saint Peters of Ferrieres who lived in the time of Charles the Bald about the yeare 870 writing to Amulus Archbishop of Lyons saith That it is no new nor rash thing that the King should furnish the most honourable Churches with his Courtiers considering that Pepin from whom hee is descended by Charles the Great and the most devout Lewes both Emperours having given Pope Zacharie to understand in a certaine Synod the necessity of the Realme hee got his consent to furnish the Churches with good Pastours after the decease of the Incumbents remedying by that meanes the badnesse of the times 24 Hildebert Archbishop of Tours who liv'd about the yeare 1080 under Philip the first King of France approves the presentation made by the King to a certaine Bishoprique of his realme commending him on this manner I congratulate with virtue that hath her reward under our King Hee hath found that the power of a King shines more bright by gifts and liberalityâ— than by the Scepter and that it is not sufficient for a Prince to stirre up his subjects to well-doing by examples unlesse they be also provoked by rewards Hence it is that your good manners were honoured by a great Priesthood The disposition of the King was sound and prudent considering it could not better provide for the Church than by placing you in it 25 Ivo Bishop of Chartres after he was elected by the Clergie was presented to the same King Philip the first and received his investiture and Pastorall staffe from him upon the refusall of the Archbishop of Sens he was consecrated by the Pope
before the See Apostolique by Canonicall Constitutions or such as the Pope of Rome shall thinke fit to bee committed or removed upon some urgent and reasonable cause by speciall commission from his Holynesse signed with his owne hand Now hee will alwayes find urgent causes enough to draw the processe to Rome there will never want pretences if hee get but a hole that 's enough how little soever it bee hee will finde meanes to enlarge it And besides who will tell the Pope that the cause is not reasonable That were to make himselfe be pronounced a heretique It is a kinde of Sacriledge to dispute of what hee does yea it is a mortall sinne saith their Glosse upon the Canon law 19 Wee shall here entreat the reader to remember what wee discours'd in the second book touching the Popes attempts in point of justice the miseries that proceed from thence and the great complaints that have beene made of it Wee tumble backe into all these miseries againe by receiving of this Councell The Popes used it formerly by usurpation now they will doe it with some title and so with more licence Wee shall content our selves with setting downe here what was spoken concerning this matter by a whole Councell to wit by that of Basil one of the most famous that hath beene holden in these later daies Divers abuses and intolerable vexations have grown hithertowards whiles many men were very often wont to be cited and called forth to the Court of Rome and that sometimes even for pettie things and were so wearied out with expences and travaile that they thought it more commodious for them to forgoe their right or with great losse to redeeme themselves from such vexation rather than bee at the charges of the suit in a countrey so remote So it was an easie matter for slanderers to oppresse poore men So Ecclesiasticall livings were oft goâ— by wrangling shifts and evasions in the Suit while their meanes were not sufficient for the true owners or others that had right unto them to defray the charges required as well for the journey to Romeâ— as the pleading of the cause there Hence also proceeds the confusion of Ecclesiasticall order when the jurisdiction of the Ordinaries is not preserved unto them The money and meanes of Kingdomes and Provinces are not a little impaired by this meanes and which is a thing acknowledged to bee very harmefull to all Ecclesiasticall Orders those which by reason of their worth were called to the greatest affaires of Christendome were made lesse serviceable in them being too much imployed in the multitude of such causes Such evils and disorders as these gave occasion to the Fathers of that Councell to prohibit all evocations in that kind Which was confirm'd by the Pragmatique Sanction of Bourges in the title Of Causes where the same things are rehearsed CHAP. III. Of giving temporall jurisdiction to Ecclesiasticall persons 1 THis Councell useth such marvellous good husbandrie and carrieth all things so handsomely to its proposed end that at the last reckoning all the world is well appaid except Kings and Princes for whom the springe was set We have seen the Bishops already stript of their jurisdiction and turn'd into their bare shirts Now we shall make it appear that what is taken from them on the one side is restored to them on the other all to the prejudice of Secular powers whose jurisdiction is invaded and usurped upon to the advantage of the Bishop of Rome into whom as into a vast Ocean all these pettie rivers emptie themselves 2 It is a Papall maxime holden for a certain and undoubted truth That all Bishops receive their jurisdiction from the Pope They take an oath unto him else whereâ— and that a very strict one they are bound by this Councel to promise true obedience unto him at the Synods of the Diocese So that there can be nothing ascribed unto Bishops in point of jurisdiction but the Pope hath a share in it as fathers have in the purchases of their children masters of their slaves but their authoritie and power will ever receive some enlargement thereby This preface will serve as a candle to give light unto the interests of Kings and Princes in all the particular cases which shall bee hereafter specified 3 This Councel then to the prejudice of the Secular jurisdiction gives unto Bishops the power of punishing the authours of defamatorie Libels of the printers of them of Sorcerers Conjurers and such like people of those that contract clandestine marriages or are witnesses and assistants at them the cognizance of all causes matrimonial without distinction of all rights of patronage both Lay and Ecclesiasticall the jurisdiction to compell the inhabitants of any parish to allow maintenance to their Parish Priests the visitation of all benefices both Regular and Secular the cognizance of the reparations of their buildings as also the power of sequestring the fruits of the said benefices the power of examining the Kings Notaries and of suspending or depriving them of their office for some fault or crime by them committed the doing of justice upon married Clerks which have their tonsuâ—e in all causes both civill and criminall the punishing of concubinage and adulterie both in Lay men and women the seizing of mens goods and arresting of their bodies causes of Ecclesiasticall jurisdiction and that even of the Laitie Besides this Councell in very many Chapters prohibited all appeals and will have that which the Bishops do to stand without any regard of any appeale to the contrary whatsoever Also it allowes Ecclesiasticall persons to refuse such summons as shâ—ll bee sent out by the Parliaments or other of the Kings judges For the further satisfaction of such as will not content themselves with this bare proposall wee will speake somewhat of every one of these heads for the better clearing of this incroachment of jurisdiction I mean only so farre as concernes the right of our Realme of France 4 Beginning then with the first which is touching defamatorie Libels our civil lawes give the cognizance and jurisdiction thereof to the Iudges and Magistrates not to the Ecclesiastiques Some may bee will except such as concerne point of Religion but this exception is not pertinent and observe this one reason which is sufficient to confute namely that those lawes of Constantine the Great and Constantius which restraine the licence of such Libels were made in a time much like this of ours to wit when divers writings were put out concerning point of Religion against the honour both of one and other Doctour Balduin hath very judiciously observed it It is behoofefull saith hee to remember what manner of times those were of Constantine and Constantius wherein the contentions about Religion not much unlike unto ours gave fire unto the affections of both parties and which afterwards hatched those unhappie calumnies and scandalous
â—dicts already alledged 39 And after all this yet this Councell will have the accounts of Colledges so erected to be heard and examined yearly by the Bishop with the two deputies of the Chapter and the other two of the Clergy Which is derogatorie to the Edicts alleadged here before whereby the making of such accounts of building-money and Hospitals is laid upon the Kings Iudges inasmuch as there shall no account bee made to them hereafter of that part of the revenues which shall bee taken out of such buildings and Hospitals to bee imployed to the use of those Colledges and Seminaries but only to the Bishop Wherein there is a very great accumulation of grievances for they to whom it formely belonged to make those accounts ought not to bee deprived of it by meanes of such application of the revenues to another use And suppose that might be admitted yet it were reasonable that those accounts were still made before the Kings Officers at least that the Major and Sherifes of the towne where such houses are and such like persons were called considering that the meanes of Colledges and Schooles is no more spirituall than that of buildings Hospitals and Spittles Especially considering that building-money after the buildings are finished ought to be converted to the reparation of Churches and purchasing of ornaments for them and other works of charity and yet there is never any alteration for that of the parties which are to make the accounts but it is alwaies left to the Officers Royall nor is the Clergie suffered to intermeddle in the accounts of building-money and in case they should attempt there might be put in an appeal as from abuse as it was judged by an Arrest in Iune 1550. And as for the accounts of Hospitals they are to bee made also before the Kings Officers notwithstanding that by the will of the Founder part of the revenues of those Hospitals be designed and appointed for divine service according to an Edict of King Francis ann 1545. And which must bee taken notice of in case the Bishops and other of the Clergy have the right of overseeing the administration of those Hospitals yet they retain unto themselves the hearing of the accounts aswell as Lay Patrons doe Howsoever in such sort that the foure at the least of the most eminent inhabitants of the place or Parish must bee called unto them as it is ordered by the sixt article of the Ordinance of Hospitals made 1561. From which the tenth article of that of Melun 1580 doth no way derogate which must be expounded by the former in that where it is said That the Prelats and Clergy shall be maintained in their right which they have of looking to the administration of Hospitals and Spittles and taking the accounts of their revenues where that must be repeated which is in the precedent Edict The most eminent inhabitants c. being called thereunto forasmuch as this latter aâ—mes at the preserving and confirming the right of the Clergy not at the excluding of the inhabitants of the place or Parish from the hearing of the accounts 40 Lastly the remedy of appeal is not admitted to take place against such decrees as the Bishops shall make for the repairing of Cloysters and Monasteries but they must be forthwith put in execution without all appeal yea and that in such sort that the Secular Magistrates are commanded upon paineâ— of excommunication to assist them In which there are many grievances First in that the Iudges Royall as also the Bailifs and Stewards are deprived of that cognizance which belongs unto them before all others in case of such reparations as we have made it plaine already Secondly in that the Parliaments are deprived of those appeals which would bee made unto them from the inferiour Iudges Thirdly in that no appeal can bee made unto them as from abuse from the sentence of Bishops And fourthly in that the Kings Officers are made lyable to excommunication contrary to that priviledge which hath beene granted unto them and which they have ever enjoyed whereof wee shall speake in another place Now if this Councel take place we must make account that appeals as from abuse are utterly abolished as wee have said already which is a thing that concernes France not a litle inasmuch aâ— it is one of the principall weapons wherewith our Predecessours have foughâ— against the usurpations of the Popes and other Ecclesiastiques CHAP. IV. Of Exemptions 1 ANother meanes which the Councell useth to hooke in to the Pope the jurisdiction over other men are the Exemptions granted to Churches Chapters Corpses Colledges Abbeyes and Monasteries to the prejudice of their lawfull Prelates and Ordinaries the Bishops and Metropolitans Our Trent Fathers knew wel enough and confessed that such exemptions are a cause of much evill for say they They give occasion to the persons exempted to live more dissolutely and more at their libertie This is not all for wee must adde That they take away the reverence and obedience which the exempted owe unto their Prelates and Ordinaries and make them thinke themselves as good men as the Bishops and other their superiours That the correction and punishing of faults and excesses is hereby â—indred and brought to nothing That they are prejudiciall to the whole Church Catholique inasmuch as the exempted cannot bee judged but by the Pope and hee cannot doe it by reason of his remotenesse from them That they rob men of the meanes of doing many good works in religion That they are the cause of many scandals That those to whom they are granted abuse their priviledges That they draw after them the ruine of Monasteries being rather a burthen than an honour or profit to them All these reasons were alleadged by William Durant Bishop of Mende in Gevauldan in the time of Clement the fift to perswade the Generall Councell of Vienna to abolish such exemptions Let us heare what complaints have been made against them at severall times 2 Saint Bernard spoke very freely of them to Eugenius the third in those books which hee dedicated unto him Abbats saith he are exempted from the jurisdiction of their Bishops Bishops from their Archbishops Archbishops from their Patriarchs or Primats Does this manner of dealing seeme good to you It were strange if it could bee excused or if there were any need of it In so doing you shew that you have plenitude of power but perhaps not of justice He speaks yet more of it but this is sufficient 3 Cardinall de Alliaco makes a complaint of them likewise and is of opinion that a course should be taken with them adding That many devout zealous men in the Church have a long time complained of them as Saint Bernard in a booke by him directed to Pope Eugenius and others Iohn of Paris a devine of the Order of Predicants urgeth the same Saint Bernard It is also to bee considered saith he that Saint
part of them were made about things of that nature 12 The Cardinal of Cambray in his book of the reformation of the Church demandeth also that these Decretals bee corrected For the third grievance saith he speaking of the Pope which hee imposeth upon other men by the heavie multitude of his Statutes and Canons and Decretals those mainly which seeme to binde over to grievous punishments and especially to mortall sins should be taken order with 13 Nicholas de Clemangiis hath spoke yet more freely of this point So many new rules and Constitutions saith he set out by every Pope the observance whereof is enjoyned contrary to the ancient lawes and ordinances of our forefathers what are they else but captious snares and seeds of law suits very fertile of which those wrangling practicioners of the Court of Rome doe serve themselves those sophisticall curruptours of law to raise an infinite number of suits against right and truth with a thousand arts of doing harme 14 Philip the Faire was advised by the Princes and French Barons Not to suffer the Pope to make any Ordinances about things belonging to his Kingdome without the counsell of him and his nor any new and unwonted thing to be brought in thither So saith Mr. Iohn du Tullet in his advice concerning the liberties of the Gallicane Church And it is the very counsell which Eudeas Duke of Burgundy gave him which is yet to bee seene among the treasurie of Charters 15 That which Mr. Francis Duarenus one of our most learned Lawyers said concerning this subject in the Preface of his book De sacris Ecclesiae ministeriis printed 1551 might have moved the fathers of this Councell to a reformation Many saith hee are of this opinion that the Canon law is nothing but a confused and disorderly masse of decrees and constitutions set out by some halfe-learned Popes rather for their owne gaine than for any commoditie that redounds upon the Common-wealth of Christendome from thence the knowledge whereof seemes neither commendable nor necessary And there does not want some that plainely professe that this law is all full of errours of which number Cynus Pistoriensis a Lawyer of great repute was one And having spoken of Gratians Decret which hee saith contains some good things and some errours withallâ— The other volumes saith hee is the Decretals containing the epistles of diverse Popes of Rome called Decretals In which volume of Decretals wee finde many things which degenerate much from that ancient discipline delivered in Gratians Decret and thence rose that common proverb amongst them That it was never a good world since the Decret tooke wing and flew away And presently after The other booke is Boniface the eight's which as wee understand was never received in France because that divers constitutions therein contained were made in hatred and despite of King Philip the Faire and devised for the commoditie of the Court of Rome He addes yet further We are enforced to confesse betide us well betide us woe that the manners of the Clergy of Rome are so degenerate by litle and litle that the later constitutions of Popes fall short of the former and it seemes a man may rightly say of them as Homer writ Very few children are like their fathers in virtue many worse scarse any to bee found better Wherefore as it is necessarie to reduce the manners of Clergy men to their ancient religion so it would be expedient peradventure to take all that is most true most pure and most profitable in so many divers Papall constitutions and reduce them into one short volume And wee are not out of hopes that this may one day bee brought to passe even during the life of Iulius the third of present being who hath the bruit and report I wish it bee not vaine of one that seriously thinkes upon repairing the ruines of the Church and restoring the ancient Canons The event hath proved that this bruit was vaine for neither Iulius nor any of his Successours ever put his hand to this reformation unlesse a man would ascribe that to Gregory the thirteenth who hath caused many things to bee altered and rased out of those books which were disadvantageous to the Pope and favourable to France and all those whose rights are usurped by the Pope 16 We will adde for conclusion that which Mr. Philibert Bugnon in his tract Of abrogated Lawes saith upon this subject Thus the Decretals were brought in received and admitted by all Christendome before which the Court of Rome never received those bafling disputes which encrease from day to day Therefore Mr. Francis Rabelais said not without cause in his merry Pantagruell by way of a common proverbe Since the Decree away did flie And souldiers knapsackes wore Since Monkes would need on horsebacke ride The world 's worse than before 17 After all these authorities and testimonies we will observe that right as the Emperour Iustinian gave the force of a law to the Resolutions of our lawyers so our Popes now adaies give the very same force to the constitutions of the Emperours which are thought weake and feeble if they be not canonized in their Decrees or confirmed by them See what we are come to They doe yet more for like that Romane Emperour who caused the heads to be strucke off of the statues of Iupiter that hee might substitute his owne in the place so they have ascribed to divers Popes manie imperiall lawes out of the Code of Theodosius the Bookes of Iustinian and the very Capitularie of Charles the Great But see here that which is utterly intollerable which is that they make void civill lawes of Emperours and Kings by their Decretals they adde unto them and diminish them they derogate from yea they quite abrogate them 18 We let alone an infinite many errours and falsities which have beene observed by divers learned men either Devines or Lawyers which neverthelesse were confirmed by this Councell contenting our selves with producing the testimonie of Stanislaus Hosius one of the Presidents of our Councell who saith that Gratian relates a fable in his Decree We doe not see saith hee whence it comes to passe that Gratian hath set out this fable but he that shall read his workes attentively will finde that he hath pumped more from the rivers and other compilers than from the fountaines Nor will wee urge that which some have recorded that how ever the Popes have all law within the cabinet of their owne bosome neverthelesse they have forgot it sometimes not remembring themselves of some other Constitutions which were formerly made Which is a prettie modest Apologie Wee shall say onely for conclusion that the authors of these Decrees and Decretals were the most vicious and ambitious Popes of all 19 Alexander the third who authorized Gratians Decree and gave it the force of a Papall law was unjustly elected accounted for an Anti-Pope and declared such by a very
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
Physicians of soules But the Glossatour conforming himselfe to the ambition of Rome referres all this to worldly honours and vanities Set here an argument saith he to prove that the Emperour is inferiour to a Bishop and that he may bee excommunicated by a Bishop T is true that on the other side hee seemes to favour the Emperour by giving him an office in the Church and making him Archdeacon for expounding the word Ordinem hee saith From this word some have affirmed that the Emperour should have the Order of Subdeacon in the Church but it is not true because hee hath a militarie character yet howsoever hee performes the office of Subdeacon when hee serves the Bishop O bravely thrust 6 Gregory the seventhâ— in an Epistle which he sent to the Bishop of Mentz speakes yet in a more loftie style for point of honour Who makes question saith he but the Priests of Christ are reputed for the Fathers and Masters of Kings and Princes and all the faithfull Is it not knowne that 't is a miserable madnesse if the sonne should goe about to dominere over his fatherâ— or the scholler over his master and by some unlawfull obligations to bring him under his power by whom he may be bound and unbound not only upon earth but in heaven also The glosse makes an exception Yet if the father should grow franticke the son should be made Tutour over him to governe him He that shall reade Cardinall Benno upon the life of this Pope and others that have made mention of him will finde that this is not much beside the cushion 7 Pope Iohn the eighth saith That t is Gods will the disposall of the Church should belong to the Clergie and not to secular Princes who if they be of the number of the faithful his will is they should be subject to the Clergie He addes yet further That Christian Emperours ought to submit their executions to Ecclesiasticall Prelates and not to preferre them Pope Gelasius writ to the Orientall Bishops That Christian Princes were wont to obey the Decrees of the Church and not preferre their owne power To submit their owne heads to Bishops not sit as Iudges of theirs These are the Glosses of the Councell of Trent upon the forecited Decree all taken out of Gratians Decree all hammered out and whetted in the Popes forge 8 They forgot that Decretall of Clement the third Saint Peter commanded saith he that all Princes of the earth and all other men besides should obey Bishops The Glossatour infers Ergo The Princes of the earth are inferiour to Bishops Which is true But if the King have many Bishopriques within his Realme before which of them shall he treat of his spirituall cases Hee shall treat of them before that Bishop in whose territorie hee makes his principall residence Which glosse is approved and followed by the Canonists that comment upon that place And wee need not wonder if they would have the King to repaire to the Bishop to treat of spirituall matters For there are some of them that left it in writing that if the Bishops bee out of the fiefs or mannors which they hold they are not bound to call Kings by their names nor to acknowledge them for Kings not so much as for the goods temporall of the Church It is a Pope that pronounced this sentence by name Innocent the third 9 We forgot to tell how our Canonists are entered upon a profound piece of Philosopie to know exactly how much the Sun is bigger than the Moone for without the knowledge of this point they cannot resolve how much the Papall dignitie surpasseth the Imperiall inasmuch as this is the ell with which they must be measured the Pope being by Innocent the third compared to the Sunne and the Emperour to the Moone The Glosse upon that Chapter determines the case thus Wherefore seeing the Earth is seven times bigger than the Moone and the Sunne eight times bigger than the Earth it followes that the Papall dignitie is fortie seven times bigger than the Royall Iohn Andreas observes there is a fault in this glosse In other copies saith he it is ten times foure in othersâ— fortie times but neither this nor that can stand with the supputation of the Glosse For if the Earth be seven times greater than the Moone and the Sunne eight times greater than the Earth the Sunne must then be eight times seven times greater than the Moone and therefore it is fifty six times greater For eight times seven make fifty six Pope Gregory in his censure upon this place takes notice of this diversity of reading which is more to his owne advantage In other copies saith he it is fifty times seven times But for the quantity of the Sunne and Moone and Earth and how much greater one of them is than another see Ptolomie in hiâ— fift Booke and sixt Chapter It was requisite to observe that for by this meanes the Popes greatnesse is tenne times greater But see here another addition yet which helpes well to augment the score Here Laurence saith the addition cites the saying of Ptolomy it is evident that the greatnesse of the Sunne containes the greatnesse of the Earth one hundred forty seven times and two halfe parts more It is also well knowne to every body that the greatnesse of the Sunne containes the greatnesse of the Moon seven thousand seven hundred forty foure times and one halfe more See here how they write of this point it being to be feared they will never disintangle themselves out of these doubts but by the determination of a Councell and further it will be necessary that they imploy some surveyouâ— in the busines And if in the meane time the Sunne should happen to decrease or the Moone to encrease there would be a great many amaz'd with it 10 Though this be but a sport yet no man of judgement but will bee more readie to weepe than to laugh at it For this vanitie hath made men renounce the simplicitie of Christianitie to runne after the world and glut themselves with vanities This Ecclesiasticall ambition begunne to grow up as high as Origens times We are in such a taking saith hee speaking of the Prelates of his times that we seeme to outvie the pride of the Princes of this world either because we doe not understand or doe not respect the commandment of Christ and after the fashion of Kings wee desire to have weapons of terrour to march before us Saint Chrysostome saith likewise That the Princes of this world are for ruling over such as are inferiour to them for bringing them into subjection and spoiling them when they deserve it and for serving their turnes of them to their commodity and for their honour even to death But the Prelates of the Church are ordained to serve such as are inferiour to them and to minister unto them all that they have received from Christ c. It is not then either just
Lewes the eleventh touching the defence of the Pragmatique Sanction hath inserted this Article Item it belongs to our Soveraigne Lord the King who is the principall founder guardian protectour and defendour of the liberties of this Church when she suffers in her liberties to assemble and call together the Prelates and other Clergie-men as well within this Realme as of Dauphiny and in the same assembly and congregation of the Gallicane Church so called together there to preside and provide a remedy against such attempts as may be prejudiciall to the said liberties as it shall be said hereafter 5 The three Estates assembled at Tours the yeare 1483 in their Remonstrance presented to the same King Lewes th' eleventh say thus That the king by reason of his crowne as well of common right as by the consultation and request of all the Church of France and Dauphinie is as the former Kings his predecessours were the protectour and defendour of the holy Decrees liberties and franchises of the Church of his Kingdome and Dauphinie 9 According hereunto every time and as often as there have been any troubles or disorders in the Church or when any question was about proceeding to some greater reformation the Emperours and Kings have put their hands unto it and have applyed the remedie either upon their owne meere motion or at the request of others Which is verified by the example of Kings Hezekias Who in the first year of his reigne in the first moneth opened the doores of the house of the Lord and repaired them and hee brought in the Priests and the Levites and commanded them to sanctifie the house of the Lord and carry forth the filthinesse out of the holy place and the Levites rose and they gathered their brethren and came according to the commandment of the King by the words of the Lord to cleanse the house of the Lord. The same Hezekiah cast out idolatry which by little and little had crept into the Temple of God He removed the high placesâ— and brake the images and cut downe the groves and breake in pieces the brason Serpent that Moses had made for untill those dayes the children of Israel did burne incense to it The book of the Law being found after it had beene a long time lost King Iosias commanded Hilkiah the High Priest and some others to goe to Huldah the Prophetesse to enquire concerning this booke Having heard their report after their returne he went up into the house of the Lord and all the men of Iudah and all the inhabitants of Ierusalem with him and the Priests and the Prophets and all the people both small and great and hee read in their eares all the words of the book of the Covenant which was found in the house of the Lord. And he made a covenant before the Lord to walke after the Lord and to keepe his commandements and his testimonies and his statutes with all their heart And he commanded Hilkiah the high Priest and the Priests of the second order and the keepers of the doore to bring forth out of the Temple of the Lord all the vessels that were made for Baal And he put downe the idolatrous Priests whom the Kings of Iudah had ordained to burne incense and destroyed their altars And did other such like things concerning the order and discipline of the Church 7 Let us prove this further by the example and â—estimonies of Popes The fourth Councell saith Zonaras was called by reason of thâ— instance which was made by Leo Pope of Rome and Anatolius Patriarâ—h of new Rome to the Emperour Martian that the opinions of Diosâ—oruâ—â—â—tâ—iaâ—ch â—â—tâ—iaâ—ch of Alexandria and Euâ—ychâ—s might not remaine unexamined and that the crime committed against St. Flavian might not bee slurred over under hand Pope Boniface the first intreats the Emperour Honorius in his letters to take order that they doe not proceed to the Creation of the Pope by corruption which gave him occasion to make a Decree thereupon Wee have related the passages of it in another place 8 Pope Gregory the first writ to Aldebert King of England in these termes Most glorious Sonne bee diligent to preserve that grace you have received from God make haste to extend the Christian faith over all people which are subject to you multiplie the zeal of your uprightâ—esse by their conversion take away the service of Idols pull down the eâ—ifices of their temples exhorting thereunto the minds of your subjects in great uprightnesse and purity of life edifie them by frighting by flatteringâ— by correcting them that so you may be rewarded in heaven by him whose name and knowledge you shall have to dilated upon earth The same St. Gregorie writ to Childebert King of France in this manner For as much as wee have beene informed of certaine things which doe highly offend Almighty God and doe greatly disgrace the honour and reverence of the Priesthood wee intreat you to take order that such things may be mended by the censure of your power And to King Theodebert thus This would be absolutely profitable for your Kingdome if that which is committed against God within your Dominions were corrected by such reformation as your excellence shall applie unto it 9 The Acts of a Synod holden at Rome in the year 876 about the Coronation of Charles the second son to Lewes the Gentle containes a certain proposition made by Pope Iohn the eight where amongst othâ—r things speaking of Charles the Great he saith of him That having raised all the Churches to a mighty greatnesse hee had alwaies this wish and desire of reforming aâ—d restoring the holy Roman Church to her first order and estate Hee addes presently after That hee learned the state of Religion out of holy writâ— which he found to be unhusbanded and overgrowne with the thornes of divers errours and abuses That he trim'd it up with knowledge both divine and humane purg'd it from errours and furnisht it with sure and certaine doctrines 10 Iohn of Paris a Fryer Predicant who lived about the year 1280 saith That it is lawfull for a Prince to repell the abuses of the spirituall sword in such sort as hee may proceed by the Materiall sword especially when the abuse of the spirituall sword turnes to the prejudice of the common-wealth the care whereof belongs unto the Kings otherwise hee should beare the sword in vaine 11 Claudius Espenseus a Doctour of the Sorbon in an epistle of his printed 1547 where he treats of the institution of a Prince teacheth that it belongs to a Prince to take upon him the reformation of the Church then especiallie when shee is full of so great abuses errours and heresies And upon the Epistle to Titus I will here adde one thing saith he for feare lest any bodie should thinke that it concernes Princes onely that prophane things succeed well and not sacred too as if they were only keepers of
this Realme O that you would remember that you alone doe not beare the title of most Christian in vaine but because that your ancestours did ever succour the Church in all her necessities above all others Loose not this priviledge this so noble and magnificent title Doe not suffer any man to take this honour from you Doe not suffer your selfe to bee outvied in it Defend your right your name your honor let the hopes of al Catholiques and your brethren in Christ move you which in this matter depends totally upon your person for both all Catholique Princes and all others doe waite upon your hand in this affaire as upon him to whom it does belong most of right of custome of power and other respects Let the renowned and immortall praise of the thing it selfe move you to erect a perpetuall monument of your name in the hearts and mouths of all men 16 A German Devine Provost of the Church of Worms made a petition and exhortation almost like the former which hee exhibited to one of our Kings whether it was to the former or no I know not but at least thus much wee know hee was of the same name For in an Epistle which bears this inscription in the front De Schismate epistola Conradi ad Regem Carolum ad faciendam Synodum towards the end thereof he bespeaks him in these words Now I will addresse the last part of my rude language to you most devout and most Christian King of France Being such and so great as you are set your minde O Prince upon such things as belong to Princes so shall you bee above the Heads What will you thinke upon then surely upon this that peace may bee made by your Prowesse You thinke upon this that you are a King thinke also that if you would reigâ—e long in happinesse it is written of you The King which sits upon the seat of justice â—â—th disperse all evill Let no man seduce you by vaine words Honour and fulfill your ministerie But how Certes that such as are farre off and such as are neare may both have peace by your meanes that the rents of holy mother Church may be sowed up by you I say the coÌ„mon mother both of you and us who hath fed you with her brests from whose mouth you have received the honey of regeneration and the milke of Christian doctrine a streame of bloud springing from the side of her spouse who was stretched out for you upon the tree of the crosse hath adorned your cheeks And therefore her cause is yours her wrong is your wrong Arise O Prince arise up against it build a wall for the house of Israel and fight And afterwards hee addes Above all things you must strive for this O glorious King and long after it with all your heart and labour for it with all your might that there may bee a Generall Councell called at which without the effusion of bloud by the grace of God all things may be reduced to peace and concord 17 Now this Prince whether it was Charles the sixt or the seventh for it must be one of the two put his hand to the reformation of the Church prettie handsomly For under the first there was a kinde of neutralitie made in such sort that there was no acknowledging of Popes in France there were also many goodly Ordinances set out against the abuses of Popes and of the Court of Rome the Councell of Constance was held also under him where the power of the Pope which was formerly without either beginning or end as they use to say was confined within certaine boundâ— and limits To which Councell he did contribute his Ambassadors and many learned Devines among the rest the great Cardinall of Cambray Mr. Iohn Gerson as also the Vniversitie of Paris which had no meane authoritie there as we collect from the Acts themselves Vnder the other were holden the Councels of Pavie Siena and that famous one of Basil which made some strong assaults to moderate that unbridled power of Popes The Pragmatique Sanction was then also set out in this Kingdome the most usefull and most commendable Ordinance that ever was made in France which hath beene since the butt against which the moderne Popes have levell'd all their curses having lopt it so neare that there remaines nothing but the trunke which they never yet knew how to reverse namely that Decree which containes the authoritie of a Councell above the Pope and another concerning Annats 18 The Emperour Charles the fifth and Charles the ninth King of France have sufficiently shewed what power they had in the Church considering that during the time of the Councell of Trent they endeavoured to compose the differences which were in their Empire and Kingdomes concerning point of Religion They made things be disputed in divers Imperiall Diets and at the conference of Poissy They made Ecclesiasticall lawes as namely that of the Interim for Germanie the Ordinances of Orleans and Moulins for France where there are good rules for Church discipline And the late King Henry the third did more yet in establishing Edicts which derogate from the Decrees of the Councell it selfe CHAP. VI. That Emperours and Kings have in all ages made some Lawes concerning Ecclesiasticall politie and discipline and that they had power so to doe 1 HEE should shew himselfe a meere ignorant in law that would deny that Christian Kings and Emperours have at all times made lawes for the politie government and discipline Ecclesiasticall For proofe whereof he need but reade the sixteenth booke of the Code of Theodosius the first of Iustinians the novell Constitutions of Theodosiâ—â— Valentinian and other Emperors which are put after the same Code of Theodosius those of Iustinian and his Edicts those of Leo and the other Emperours which ruled the Empire after Iustinian some whereof are added in the late impressions of the body of the Civill Law and other some are to be found in the Ius orientale de Benefidius and in the booke intitled Ius Graeco-Romanum As also the Capitulary of Charles the Great with divers other Ordinances of our Kings of France made about this particular which may bee read in the Collections of them From which it will appeare that there is no part of Ecclesiasticall discipline which hath not beene managed regulated reform'd and purged by them as need required 2 Well fare Doctor Espenseus who when he is speaking of this Royall power and shaping an answer even to those that doe Princes so much honour as to make them meere executioners of the Decrees of Clergie men not having any authoritie to enter into the cognizance of the cause If Princes saith he must not meddle with sacred things to what purpose are there so many lawes and Imperiall Constitutions about Ecclesiasticall matters in the Code the Novels and the Authentiques Why so many Royall Edicts and Decrees of Senates extant in the Annals of all Christians
hath reckoned up all the Archbishopriques that were at that time in Christendome it placeth the Emperours and Kings in this manner Christian Emperours The Emperour of Rome The Emperour of Constantinople Christian Kings The King of France The King of England The King of Castile and Leon. The King of Sicily The King of Aragon The King of Hungary c. 13 The French colours saith Baldus march alwaies foremost and no other King whatsoever may goe before them And elsewhere The King of France is above all other Kings Our Doctours marshall the Kings so that they alwaies put him of France in the fore front as Alberiâ—us de Rosate Antonius Corsetus and others Some of them tell us that if hee be walking with the Emperour at the going in at doores and other strait places they enter both together sidewise and the one doth not goe before the other Boniface de Vitalianis witnesseth that at Rome in his time hee that spoke of a King without addition was supposed to meane the King of France An ancient Greek authour saith the like for his time An English Historian saith the King of France is accounted the chiefe amongst all Kings In briefe it is the common opinion of all the Doctours that ever writ of it to seeke no further even of the Spaniards themselves 14 I will content my selfe with setting downe here in this place what hath beene spoken of this point by one of the King of Spaines owne subjects Lancelot Conrade by name as considering that his testimony is authentique and void of all suspicion The Doctors saith he doe sometimes dispute which of all the Kings is to have the first degree of honour and who is preferred above all the rest But they seeme generally to agree that this honour belongs entirely to the King of France for he is styled the most Christian King and is above all Kings at this day and takes place of them as Baldus teacheth Ad § ult Colum. ult tit De prohibita feudi alienatione per Fridericum And before him Iohannes Andraeas in cap. 2. De praebend in 6. Which is followed by Paris de Puteo in Tract de duello § nobilis provocavit num 10. lib. 25. And Nicholas Boerius Tract de ord grad utr for in prima parte num 12. And that by the authority of Albericus de Rosate in Rubric Digest de statu hominis De Ripa saith likewise in his Tract De peste part 1. num 80. according to Baldus Cons. 217. Ego puto volum 3. that no man may pretend any prerogative of honour against the colours of the King of France Hee afterwards comes to speake of the King of Spaine whom he highly extols for his power greatnesse and titles yet so as for matter of order he alwayes makes him inferiour to the King of France And yet for all that he was his Prince and Conrade his naturall subject as being a native and inhabitant of the towne of Lauda within the Duchy of Milan For marke what hee saith himselfe of it when he reckons up the titles of the King of Spaine He is King Prince Arch. Duke Duke and Lord of divers townes and was not long agoe made Duke of Milan our Lord and our Duke There is yet more in it namely that the saying of this Doctour was confirmed and authorized by a Decree of the Senate of Milan that is by one of the King of Spains Soveraigne Courts For heare what the same author saith of it in his preface Petrus Paulus Arigonus third President and one of the Kings Counsellours in the Province of Milan and with him Petrus Antonius Marlianus Iohannes Baptista Raynoldus Danesius Philiâ—onus Marcus Antonius Caymus Commissary appointed for this matter by speciall deputation Paulus Alia Ludovicus Mazanta Octavianus Bignamus Senator elect by the King as being of Lauda Iulius Clarus Polictonius Mediobarba Molineus Scipio Symoneta and Leonardus Herera famous Lawyers and honourable Senatours have by a speciall Decree ordained that this booke may be published Nay Pope Pius himselfeâ— as the same authour affirmeth in the processe of that discourse confirmed it it may be without ever thinking of this And afterwards saith hee the great Pope Pius the fourth confirmed and as it were consecrated this Temple by imposition of hands 15 And yet for all that he was the man who would have put the King of Spaine in equipage with ours at the Councell of Trent as Onuphrius testifies It is true which hee addes that the same Pope gave the precedency of honour to our Kings Ambassadour at Rome Not long after saith he when there arose a controversie betwixt the French and Spanish Ambassadours who should have the more honourable place in publique assemblies which was hatched long before by meanes of Francis Varga the Pope after much dodging at last adjudged the first place to the French after he had beene long plodding about a forme of agreement but could finde none For the Spaniard denied the precedency to the French and the French would not endure that he should be made equall with him But there is alwayes in the Popes exactions as well as in the decrees of our Councels somewhat in the fag-end that spoiles all For marke what followes Vpon this occasion Ludovicus Requesenius great commander of Castile and Ambassadour of Spaine being displeased departed from Rome after hee had made his publique protestation to the Pope which the Pope admitted and promised him he would judge of it I know not how he meanes to proceed in it for to judge after he hath once determined it himselfe to what purpose seeing there is â—o new evidence come in and that he was so long a consulting about that judgement which he passed To referre it to a Councell that were as much as to confesse himselfe inferiour to it he will beware of that blow So you see we are put upon the quarrell againe 16 After that there were some Popes that altered the place which the Emperours Ambassadours and they of other Kings used to have in their Chappell made choice of another altogether inconvenient to the intent that they not accepting of it the Spanish Ambassadours should not lose the precedency which fell out accordingly And from that time forwards there hath beene a contention about precedency betwixt the Ambassadours of the two Kings Which was debated at Venice when the league was concluded against the Turke betwixt the Pope the King of Spaine and the Venetians For the Spanish Ambassadour entreated that the French might not assist at the Ceremonies But the Signiory thought it fit that he should hold that ranke of honour which belonged unto him And so he did It is true the Spaniard who was a Church man to slip his necke out of the collar desired that he might sing Masse which was granted unto him As for the Court of Rome the King of Spaine hath for some late yeares had so much