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
by the impiety of some whereby the whole Catholique Church is blemished For we are given to understand not upon uncertainties but by the credible relation of Hilary the Deacon who fled away from thence lest he should be compell'd to subscribe how that many Ecclesiastiques arrived at the Councell who would have beene very serviceable both for deliberation and judgement if hee that assumed unto him the first place would have contained himselfe within the bounds of Ecclesiasticall modesty and beene content as the manner is with a faire and equitable examination with all liberty of speaking what is agreeable to faith and profitable for those that are in an errour But on the contrary we are informed that all those that came to the Councell did not give voices the judgement and that some were put backe and other some admitted namely such as had rendred their hands captive for the subsigning of those impious subscriptions knowing that it would goe ill with them unlesse they did what they were enjoyned And after that Which our Legats perceiving they boldly protested as they ought to doe c. And yet after Wherefore Reverend Emperour we intreat you to command that all things abide in the same state they were before this judgement passed till such time as a greater number of Ecclesiastiques be assembled from all parts of the world There is nothing in this but may be said at this day against the Councell of Trent as we have formerly proved and to make it the more evident wee will adde the protestations that have beene made against it at divers times and by divers men that we may from thence conclude That neither absence nor presence could be any prejudice to those that now finde fault with this Councell A REVIEW OF THE COVNCELL OF TRENT BOOKE II. CHAP. I Of the denyall of justice made by the Councell to such demands as were there proposed by Catholique Princes 1 HAving treated of such nullities as concerne the forme and proceedings of the Councell wee now come to those which concerne the matter and these we make of two sorts for they consist either in the denyall of justice or in the making of injust Decrees For the first wee may truly say this Councell made no conscience of satisfying the requests and demands of Christian Princes I will not speake of those the Protestants made and others that have drawne backe from their obedience to the Popeâ— but onely of such as were made by Catholiques the Emperour the King of France the Duke of Bavaria the whole German Nation represented in an Assembly of the States and others upon the point of reformation Some of those demands though but very few were taken into consideration and judged by the Councell so that by consequence though the judgement were injust we cannot ground a plea of denyall of justice upon them however not to divide them from the rest wee shall here set them downe after we have done with those that concerne the Pope and the Court of Romeâ— not medling with others nor with the points of Religion now in controversie which belong properly to Divinity 2 The Emperour Ferdinand by his Ambassours as a Catholique historian hath it desired a reformation both of the Pope and Court of Rome to have the Cardinals reduced to the number of twelve or twenty six at most an abrogation of scandalous dispensations a calling in of immunities granted against common right a reducing of Monasteries under the jurisdiction of the Bishops of the Dioces where they stand an abatement of the multitude of Canons and Decrees a repeal of many that are superstitious a reducing of Ecclesiasticall constitutions to the rules of Gods law prohibitions against proceeding to excommunication unlesse it be in case of mortall sin or publique scandall a purging of Masse-books and Breviaries and expunction of that which is not taken out of the Scripture a joyning of certaine prayers orisons in the vulgar tongue together with the latine hymnes communion under both kinds a mitigation of that extreame rigour of fasting and licence for eating flesh a permission for the marriage of Priests a rasing out of divers glosses upon the Gospels and a making of some new oaths by the most leaâ—ned men which all Curats should bee bound upon great penalties to receive 3 The King of France his Ambaâ—sadours had some such like Articles in their instructions as concerning the reformation of the Court of Rome excommunications the restoring of the cup marriage of Priests prayers in a knowne tongue and for this last their instructions were expresse to demand that Psalmes might be sung the Sacraments administred and a Catechisme made in the vulgar tongue And besides to assist all such as should require a just reformation in all other matters The originals of these instructions which I have seene were signed by the late King Charles the Queen mother Monsieur the Duke of Anjoâ— the King of Navarre the Prince of Rochesuryon the Constable the Duke of Guise the Marshal Memorancy the Chancelour of the Palace and some others Hereupon the King of France his oratour said when they proposed these demands that they did wonderfully agree with those of the Emperour and for that reason they had deferred the proposall of them supposing that if the other were assented unto they should also be satisfied But perceiving the lingrings and delayes that were used in that behalfe and withall pressed by the letters of the King their master they were constrained to make a motion of them They required further that all mandates of provision of benefices all reversions reassumptions resignations holding of livings in trust and commendams might be quite taken away as contrary to the decrees and that resignations in favour might be banished the Court of Rome as forbidden by the sacred Canons that a course might bee taken for instructing the people what they ought to belâ—eve concerning the worship of Images and to cleare it from all superstitions and errours if any were crept into it and the like essay to be made about indulgences pilgrimages reliques of Saints and fraternities that not only the ancient forme of publique penance might bee restored in the Church for heinous and publique offenders but also publique fasts for the appeasing of Gods wrath that generall Councels might be holden every ten yeares that for abridging of suits about benefices that distinction of petitory and possessory might be taken away or rather for the utter extinguishing of such suits that Bishops might be enjoyned to bestow them not upon such as seeke after them but those that are worthy of them and avoid them and for certaine proofe of their merits to make them preach sometimes and those such as have taken some degree in the Vniversitiesâ— upon whom onely livings might be conferred by the consent of the Bishop and the people 4 The Catholique Princes and all the States of Germany assemblâ—d in an imperiall Diet at Noremberg 1522
hundred and nine hundred for St. Pharon of Meaux So likewise of graces expectative they tooke two parts or the thirds and more than ever was accustomed 10 This open Simony like a poyson which hath gotten to the heart hath occasioned many complaints and groanes Marsilius of Padua saith By the same power he reserves unto himselfe the rent and revenues in all places whatsoever of all benefices for the first yeer of their vacancy ingrossing to himself by that means all the treasures in the world wiping all Kingdomes and provinces of them 11 The Bishop oâ— Menda in the reformation which he proposed to the Councell of Vienna saith The Court of Rome and the Colledge of Cardinals together with the Pope would have a certaine allowance of all Bishops that are preferred there it seemes very requisite that this were taken order with For this heresie doth much corrupt the Catholique Church and the common people and the remedies which have beene applyed hitherto are quite disrespected inasmuch that the contrary is usually practised in the Court of Rome as if it were no sinne at all to commit Simony or if it were not all one to give first and then take as first to take and then to give The thing was taken into consideration at the Councell of Vienna so as they were once advised to allow the twentith part of all livings in Christendome to the Pope and his Cardinals but at last it was shifted off without resolving upon any thingâ— A Doctour of the Canon law saith it was better for that because their covetousnesse is so insatiable that if that had beene resolved upon they would have taken both 12 Cardinall Cusanus desired the very same reformation at the Councell of Basil The world cryes out saith he of the gettings of the Court of Rome if Simony in its kind be an heresie then sure it is a sacriledge to oppresse inferiour Churches If he that doth such things according to the Apostle be an idolater it will be very necessary by way of reformation to take away all these and such like gaines especially because the Catholique Church is scandalized for this covetousnesse of her governours and the Church of Rome more than other Churches Wherefore it is expedient in this holy reforming Councell to remove that especially which is so opposite to Gods Lawes so prejudiciall to souls and so scandalous to the whole Church that all things be done gratis in the Church of Rome and other Metropolitan Churches 13 Nicholas Clemangius in his booke De ruina reparatione Ecclesiae saith The Popes over and above the former charges have laid other tasks upon Churches and Ecclesiasticall persons to fortifie and maintaine their Chamber or rather their Charybdis For they have made a Law that as oft as any Ecclesiasticall person dyeth of what dignity or condition soever he bee or exchangeth his benefice with any other whatsoever their chamber shall receive all the fruits and revenues for the first yeere next insuing rated at a certaine summe according to their good will and pleasure Which exaction and divers others by him reckoned up there he blames and condemnes 14 The Glosser upon the pragmatique sanction saith That Boniface the 9 was the first that extended the use of annates to all Churches contrary to the equities of all Lawes divine and humane And he afterwards adds What are they that give and receive annates but the buyers and sellers of the Temple cast forth by Christ 15 Theodorick de Nihem upon the tract De privilegiis juribus imperii saith There is no reason why the Pope and the Cardinals should not prefer other men to Bishopriques Monasteries and other Ecclesiasticall dignities gratis and freely without any intervention of money promise or compact whatsoever But if it be said that the Pope is the generall steward of all Bishopriques Monasteries and other Ecclesiasticall preferments and of all the goods that belong unto them howbeit no such thing can be proved out of the Gospel the holy Scripture nor by the testimony of the Saints yet we must beleeve and maintain that this jurisdiction reacheth no further than to the giving unto discreet and faithfull Popes and Cardinals the power of disposing Ecclesiasticall benefices dignities and other meanes to distribute and bestow them freely as they have freely received them upon serviceable and deserving men And a little after Besides hence it is that they never regard the will of God nor the benefit of the people committed to their charge but their own gain as many good Devines say Hence have risen every where some great errours in Christendome and grievous defamations against the Court of Rome which is also drawn into an example by others 16 He addes yet further What then if hee that hath the power of preferring make a law which is the case in hand that he which will be preferred to such a dignity shall pay before his preferment one full yeeres value of that dignity Many great Devines are of opinion that it is a heresie to hold and maintaine that such a law may be observed without mortall sinne because the inferiour cannot abrogate the law of the superiour and hee can make no such law of himselfe how great soever his state and glory be And anon Whence then comes this power of making and observing this law Ye may say that it is abusively by the divels suggestion which haunt them that buy and sell holy Orders which obtaine by Simony Bishopriques Prebends Curates c. 17 In another place he saith thus Simony is alwayes excepted in the bestowing of Bishopriques and supreme Sees which if so why was it brought up by the Church of Rome and the Churchmen thereof to wit the Pope and the Cardinals who were then at Avinion that those who should be preferred by them to any Archbishopriques Bishopriques or Abbeys should compound with the chamber Apostolique and for the ordinary service of the Lord Cardinals otherwise none should be preferred or created Bishop from thenceforth unlesse hee either paid or entred bond for the payment of so much upon most damnable forfeitures 18 The Authour of the booke intitled De privilegiis juribus Imperii which is very ancient shewes that these annates were never exacted by the Emperours when they bestowed investitures and hee takes offence at the Popes using them We never read saith he nor is it credible that the Emperour Otho did ever either demand or receieve by himselfe or by any other the fruits of one whole yeere no nor of halfe a yeere for any Church Monastery or Ecclesiasticall dignity which he bestowed upon any man for a title Why then is the contrary pactised by some Ecclesiastiques It is a strange thing And perhaps by reason of the excesse herein or because no regard is had to the ancient laudable customes which have beene left by the holy Fathers to the Church militant the covetousnesse of the times
word The execution whereof ensued as rigorous as ever For one Mr. Otho who was sent as Legat upon that occasion did not spare excommunications causing besides certaine great summes of money to be levyed for the defraying of his charges because as he said in this commission hee was not bound to make war at his owne charges Mean while the Legat not forgetting himselfe did not neglect to extort both money and meanes for himselfe for compelling every one to pay him procurations he sent certaine rigorous injunctions to the Bishops and Archdeacons to this effect He afterwards demanded the fifth part of all the goods and spirituall revenues of the Clergy men aliens who had any preferments in England whereof there were then good store and from them hee proceeded to the rest and all to make warre against the Emperour Frederick And whereas divers were marked out for that beyond-sea voyage hee dispatched a pretty commission to his Legat to absolve them of their vow and to exact of them certaine great sums of money All these evils were occasioned mainly by the softnesse of King Henry the third who when it was asked by his subjects Why he would suffer England considering the large priviledges thereof like a Vineyard without a wallâ— to ly open to the prey and desolation of passengers He replyed â— neither will nor dare contradict the Pope in any thing 28 Nor is here an end For about that time saith the same Authour there came into England a new way of exaction most execrable and unheard of in any age For our holy Father the Popeâ— sent a certaine exacter into England Peter Rubeus by name who was instructed to wipe the poore English of an infinite masse of money by a new invented mouse-trap trick For hee came into the Chapters of the Religious cozening and compelling them first to promise and then to pay after the example of other Prelates whom he lyingly affirmed to have payed already For he said Such and such a Bishop such and such an Abbat have already freely contributed why doe you slowbacks delay so long that you may loose your thanks with your courtesie Besides this cheater caused them to sweare not to reveal the manner of this exaction to any till halfe a yeere after like robbers who compell those they rob to promise that they will not speake of it But though men should be silent the very stones out of the Churches would cry out against such rake-hells This fit of the fever descended like an hereditary disease upon his successours Innocent the fourth knew well enough how to husband such a fertile field but so as he made all England cry out of him who brought their complaints as far as the Councell at Lyons in the yeere 1245 then and there demanding for justice and reliefe against these tyrannicall exactions and that even before the Popes nose who was there in person who as the Historians say casting his eyes downe for shame durst not say mum And for the Councell which regarded nothing but the Popes pleasure it was deafe on that eare The same complaint was afterwards put up in a Parliament in England by King Henry himselfe who begun to meane himselfe where these Articles were exhibited amongst others The Kingdome of England is grieved inasmuch as the Lord Pope is not content with the subsidy of Peter pence but doth extort a grievous contribution of the whole Clergy of Englandâ— and intends to extort far greater yet and this he doth without the assent or consent of the King against the ancient customesâ— liberties and lawes of the Kingdome and against the appeall and protestation made by the Proctours of the King and Kingdome in the generall Councell 29 This Parliament used so much respect to the Pope as to content themselves with sending some soothing letters to him thinking to soften his heart with the relation of their miseries but this was all in vaine for the grievance grew daily greater and greater and indeed you may observe a new kind of extortion whereof complaint was made to King Henry There were lately brought certaine letters from the See Apostolique containing no little prejudice against the King and Kingdome to witâ— that the Bishops should maintaine some ten men of war well provided of horse and armour some five some fifteene to send over to the Pope for the service of the Church for the space of one whole yeere to be paid by the Bishops of England and imployed where the Pope should thinke expedient which Knights service is not due save only to the King and Princes of the Realme c. A little after The Pope taking courage to trample under-feet the poor English as the same Historian cals them and in trampling to impoverish them commanded the Bishops of England with more imperiousnesse than was usuall that all the beneficed men in England should contribute unto him to wit such as were resident the third part of their goods and the rest halfe adding withall some very hard conditions He sent to one M. Iohn his Legat that if any Bishop should make dainty of paying the subsidies which he demanded under colour of exemption that he should sesse them deeper Another English Historian speaks thus of this matter By reason of these and such like oppressions there was a great murmuring both amongst the Clergy and people insomuch that whatsoever was contributed was given with imprecations or to speake more properly and not conceall the truth with down-right cursings putting the Pope in minde of their grievances with a complaint proceeding from the bottome of their hearts and setting before him their insupportable oppressions And he afterwards addes these grievances The Church of England is intolerably vexed with infinite charges in the tenth of all their goods in the hastening of reliefes in the money levied for Souldiers in the subsidies divers times exacted by Otho the Legat in the paying of 6000 Marks in the twentieth part of their three yeeres revenues in the subsidie of the Roman Empire in the subsidie granted freely 30 Matthew Paris sets downe an infinite company of other barbarous exactions saying The charges were marvelously increased with a great deal of overplus and flowed day by day from the Court of Rome over the miserable Kingdome of England besides the burthen and unwonted slavery insomuch that the Bishops were debarred from the bestowing of their benefices till they had discharged these exactions and yet the pusillanimity of the King never contradicted it Horrible burthens and unheard of oppressions did spring up daily Wee have thought fit to insert in this booke not all the charges for that would be a very hard thing nay altogether impossible to set downe but onely some few to the end that such as read them may bee sorry for them and pray to God that we may be one day freed from them We should spend too much paper in setting downe all which is
universall dominion over all the world 11 Afterward hee applyes unto him certaine places of Scripture which speake of God Of whom saith hee it was written by Iob that those which beare up the world stoup before him and that the Kings of the earth are matters worthy of derision that hee onely hath all power the Scripture saith that hee is one and there is not a second and that it was writ to him Thou art alone and there is no man with thee And againe Thou art mighty over all them which are mighty To whom all justice power and Empire doth belong as the Prophet testifies and whom David afterwards meant when he said Hee hath given him the power and the Kingdome and all people and languages are subject unto him And presently after hee saith The greatnesse excellency commodity and necessity of the Popedome is seene in this that as the Philosopher testifies the world could not bee governed if there were not some supreame principality in it Wee must needs come to him onely who directs and governs all particular things by whose managing and disposall all actions of the Hierarchies are ordered that in fiâ—e the disposall of this lower world may be administred conformably to the Celestiall Monarchy And yet more The power of Iustice would decay witnesse the same Philosopher if there were not one in the world to administer it to all and supply the defects of the negligent And againe There can bee no true nor right Common-wealth if there bee not one above all the rest to guide and governe them Which is the Pope the Vicar of the immortall God Afterwards he ascribes unto him a commutative and distributive justice over the universall world and speaking of this last hee saith that being exercised by him it doth institute and ordaine dignities principalities Kingdomes and Empires according to merits and transferre them from one Nation to another according to their demerits 12 Hee that will not bee content with this may further read the Oration which was spoken in the presence of Pope Pius the second by the deputies of Florence registred in his History by Aâ—tonine Archbishop of that City for the instruction of posterity Hee may read also that which one Iames de Terano Chamberlaine to Vrban the 6 hath written concerning this point and Avarus Pelagius great Penitentiary to Iohn the 22. Together with other mercenary authours the Popes domesticks who spare no qualities either devine or humane to set forth unto us the power the dignity and the divinity of the Popedome Which authours and others above by us alleadged are so well approved by them that they sleep upon their pillows just as Homers Iliads did upon Alexanders For that same Austin de Ancona out of whom we formerly cited many maximes and those of the finest wâ—s dedicated by the authour to Iohn the 22 Ann. 1320 and afterwards to Pope Gregory the 13 by a Generall of the Order of the Austin Friers and printed at Rome by George Ferrarius Ann. 1582 with expresse priviledge of the same Gregory And Lancelot Conrade who helps well to build up this divinity and omnipotency out of whom we have cited some passages professed in his Preface that his booke was approved by Pope Pius the fourth one of the authours of the Councell of Trent and one that did the most good there To make this assertion yet more evident you need but read the Index expugatorius set out by the authority of the Councell of Trent where neither any authors of this stampe nor any of their fooleries and impieties are ever condemned but all those who in divers ages have beene so sawcy as to open their mouthes and utter any truth against the Holy See who have gone about to defend the right of the Church of the rest of the Clergy of Kings and Emperours against the tyranny of Rome CHAP. XII Of the complaints and oppositions which have beene made against the Popes dominions over Kingdomes and Empires NOw these great attempts as they have occasioned great mischiefs so have they raised great complaints and just disobediences to their unjust commands Our French men both Lay and Clergy assembled in a Councell at Rhemes about the yeere 870 gave Pope Adrian the 2 to understand who would have put this Realme of France in an interdict and bestowed it upon another by reason of the question betwixt King Charles the Bald and Lewes the son of Lotharius that his attempt was a novelty and unusuall and they would never suffer it For see here the resolution which was sent unto him on their behalfe by Hincmare Archbishop of Rhemes That hee could not be both King and Bishop at once that his predecessours disposed and governed the Ecclesiasticall order a thing which belonged unto him and not the Common-wealth which belongs unto Kings 2 In this action wee may observe a double abuse First that the Pope undertakes to transferre Kingdomes by excommunications next that it is not for any spirituall matter but upon a difference of succession and therefore that assembly added That it was not fitting for any Bishop to say that it is lawfull for him to deprive a Christian of his title so long as he is not incoâ—rigible and the question is not of his personall faults but of the loosing or getting an earthly Kingdome 3 The Emperour Henry the 4 was excommunicated by Pope Gregory the 7 Ann. 166 and Ralph Duke of Suevia set up in his stead by his authority and that because he did not make his appearance before him being summoned upon pretence of Simony which he injustly laid to his charge The quarrell grew betwixt them upon this oâ—â—asion that the Pope was elected without the Emperours consent contrary to the ancient custome Whereupon a German Bishop writes thus I read and read againe the lives and Acts of the Roman Kings and Emperours but I never finde that any of them was excommunicated or deprived of his Kingdome before this unlesse we take that for an excommunication which passed in the case of Philip the first Christian Emperour who was put among the penitents by the Bishop of Rome or that of S. Ambrose who prohibited Theodosius the Emperour from comming into the Church because he had murthered many men 4 Godfrey of Viterbe in his Pantheon which he dedicated to Vrbane the 3 saith as much Wee never read that any Emperour before this was excommunicated by the Pope or deprived of his Empire Yet the Abbot of Vsperge saith that there are examples of it and hee urgeth that of Pope Gregory the 3 who caused all Italy to revolt from their obedience to the Emperour Leo whom he had excommunicated and deposed from his Kingdome yet withall hee gives us to wit that hee doth not approve the fact Howbeit saith hee the Popes of Rome challenge this power unto themselves and make their boast that they have done it yet we acknowledge these things came to passe
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
staffe and ring In the yeare one thousand one hundred twentie five hee bestowed foure Bishopriques more 7 William of Newburie both Doctour of Divinitie and an Historian proves in like manner of King Richard the sonne of Henry the second who raigned about the yeare one thousand one hundred eightie nine First of all saith he this new King was so affected that by his meanes many Churches which were vacant of England were provided of Pastours Richard of Ely the Kings treasurer was preferred to the See of Lincolne Godfrey Lucy to the chaire of Silchester William Longchampe the Kings Chancelour to the Bishoprique of Ely Hubert Deane of Yorke to the Church of Salisbury hee bestowed also the Metropolitan See of Yorke upon his brother Ieffrey 8 The yeare one thousand two hundred and seven Pope Innocent the third would have perswaded the Monkes of Canterburie to chuse one Stephen Langton for their Bishop but they replyed that it was not lawfull for them to doe so without the Kings consent But the Pope having injoyned them under the paine of Anathema they were compell'd to consent unto him so and so though with a great deale of murmuring Which being done the Pope writ unto King Iohn a soothing letter to get him to approve of it But he being offended thereat Commanded that all the Monks should bee drawne out of the Monasterie of Canterburie as guiltie of high treason yea and that they should be chased out of his Kingdome 9 In the yeare one thousand two hundred fortie and five Henrie the third King of England Having received a foule injurie done as he thought both to him and his forasmuch as many Bishops were created in England without his consent hee sent Mr. Lawrence de St. Martins his Proctour to the Court of Rome to make complaint of it and plead the right which hee had thereunto from all antiquitie 10 One Mr. Richard de Witz having beene elected Bishop of Chichester by Innocent the fourth who was then at Lyons To the intent that such an injurie done to the King might not passe unpunished saith an English Historian hee was justly deprived of a Baronrie which belonged to the Bishoprique 'T is true it was restored a long time after by meanes of the earnest intercessions which were made thereupon There are infinit examples of this nature both in these authors from whence wee have taken the former and divers others 11 Wee will here observe that our Popes have elsewhere testified in their owne books how the right of bestowing benefices and Prebends which belongs unto the Kings of England in capite during the vacancie of the Bishoprique This wee read in a Decretall of Alexander the third in these words The said Bishop being deceased and the revenues of the Bishoprique being come unto the Exchequer a certaine Prebend chancing to bee void our wel-beloved sonne in Christ Henrie the illustrious King of England hath bestowed upon Thomas his Clerk This Decretall was extant in the title De jure Patronatus after the chapter Praeterea in the third booke of the Decretals as I have seene in an ancient Manuscript which is in my custodie One of our Doctours witnesseth also that it was anciently there and afterward expunged A learned Spanish Bishop publisht it since by adventure without ever thinking upon it for he had no intention to harme the Pope 12 Our Doctour of the Civil law beare witnesse of the rings of England affirmingâ— that this eight belongs unto them and determining also that it is a thing which may bee done They say as much for the King of Hungary the King of Apulia and also for the King of France See here the verie words of Alexander in his counsels Baldus said well in the law descripta de precib imperat offerend that Kings and secular Princes who by ancient custome time out of minde have power to conferre Prebends and Benefices within their dominions may doe it because such a custome gives them a priviledge And he sets downe a president of the King of Hungarie and the King of England The King of Apulia might be added also according to that remarkable glosse in the summarie of the seventh Quaestion causa 16. Another might be urged of the King of France as saith Iohn the Monke upon the first chapter De Praebendis in sexto 13 See here many authorities together whereunto wee will adde that of Lancelot Conrade Lawyer of Millaine and the King of Spaine his subject who will furnish us with some others So some Kings and Princes saith he may conferre the benefices of their Kingdome when they have got this right either by custome time out of mind or by Apostolicall priviledge as Alexander hath counselled in his 74. Counsel num 8. volum 4. Baldus in the law Rescript C. de precibus imperat offerend Martin Lawrence de Privil Rescript Quaest. 2. Following Alexander he urgeth the examples of the Kings of France England Hungary and Apulia and addâ—s also the King of Spaine hee saith â—urther that the King of France seemes herein to have a greater power and a larger right than the Emperour 14 A German Bishop who writ in the yeare one thousand one hundred and nine addes also the King of Scotland and proves the same of him which hath beene said of the rest We reade saith he of the Bishops of Spaine Scotland England and Hungarie that by ancient institution till this upstart novelty came in were put into their Bishopriques by the Kings with purity and integrity and with peace and quietnesse for temporall matters Afterwards hee speakes of our Kings of France on this manner A long time before the decree of Adrian and his successors the annointed Kings and the Maiors of the Palace invested Bishops Dagobert Sigebert Theodorick Hilderick Pepin Maior of the Palace and Theodoret who established Remachus Andomarus Amandus Antpertus Eligiuâ— Lampertus and other Bishops of most holy life 15 Let us now see what this right of France is It is certaine that from the verie infancie of this Realme our Kings have begunne and continued through all their three lines to elect Churchmen to bestow Bishopriques Abbeyes and other Ecclesiasticall dignities upon them to give these elections to such as they thought good alwaies reserving unto themselves their consent or approbation and to proceed therein such other waies as they thought fit The examples hereof are so plentifull that wee should bee afraid to tyre the reader by reciting them and therefore we will content our selves with quoting them in the margent especially considering that there are so manie other waies to prove it that we care for nothing but curtailing our discourse 16 Whosoever shall seriously consider these examples hee shall finde that our Kings have alwaies dealt herein as they pleased that sometimes they have made elections and nominations themselves sometimes they have given leave to the Clergie to make them either alone or with
are wee suppose you know very well how the partisans of Donatus of their owne proper motion accused Cecilian then Bishop of Carthage before that ancient Emperour Constantine And he afterwards addes that the Emperour made an end of that Episcopall cause after he had the hearing of it 7 The Emperour Constantius having judged of the great impietie of Actius sent him presentlie into banishment and commanded that he should be carried unâ—o a certaine place of Phrygia saith Theodoret. The forme of proceeâ—ings is set downe by Sozomen a little more at large from whence we learne how Honoratus governour of Constantinople was first elected and deputed to proceed to the judgement of that Deacon and how the Emperâ—ur himselfe tooke it afterwards into his own hand While these twentie Bishops sent from both Councels were at Constantinople together with some others who met there occasionally power was first given to Honoratus whom the Emperour had appointed governour of Constantinople to judge the cause of Aetius in the presence of the Counsellours of the great Counsell But Constantius afterwards having taken the same cause into his cognizance together with the Magistrates Aetius was found to thinke amisse of the faith insomuch that both the Emperour and the rest were greatlie offended with his words full of blasphemie 8 Saint Augustine intreats Apringius proconsull of Africa and Marcellinus the tribune to condemne certain Clerks partisans of Donatus to a more gentle punishment than they had deserved acknowledging them for Iudges in Eâ—clesiasticall causes He speaks thus unto the Proconsul interceding for his enemies Why will you not mitigate your sentence seeing it is lawfull for Iudges so to doe even in other causes which doe not concerne the Church And a little after When their enemies are too mildlie proceeded against men are wont to appeale a Minori Wee love our enemies so well that if we had not a good opinion of your Christian obedience we would appeale from the severitie of your sentence This is spoken by a man which approved their jurisdiction otherwise hee would have said they had nothing to doe to judge of the controversie 9 The Emperour Gratian granted a commission to Sapor one of his chief officers to eject the Arrian Bishops out of their Churches and replace the Orthodox in them according to the law which he had made By virtue of this commission Sapor judged of the difference which was betwixt Paulinus Apollinaris and Meletius in point of Religion deposing the oâ—e and establishing the other Sapor saith Theodoret being appointed Iudge of those matters which were urged on either side adjudged the Churches unto great Meletius Paulinus remained Bishop and Pastor of those sheep whom he had formerlie separated from the rest and Apollinaris being rejected from the government of the Churches begun openlie to publish that doctrine which hee had latelie invented and declare himselfe the head of that sect 10 Maximus the Emperour of the Gaules received the appeale which was put in by Priscillian Bishop of Spaine from the Councell of Burdeaux to whom hee had committed the judgement of him Hee deputed Euodius one of the governours of his Provinces Who after he had heard Priscillian in two judgements hee being convinced of the crime was by him pronounced guilty and sent to prison againe till such time as he had certified the Prince of him The processe being related at Court the Emperour was aminded that Priscillian and his complices should bee condemned to death 11 Sometimes the Emperours themselves or their Officers proceed to the judgements and condemnations of Clergymen with Councels called for this purpose by the authoritie of the same Emperours So Elpidius and Eulogius Magistrates and Officers were commanded by Theodosius to assist at the second Councel of Ephesus where the condemnation of Eutiches was controverted Their Commission runnes thus To be present at the judgement and to take order that a speedy and pertinent proofe be made by the Synod and sent to the Emperour Those who had beene Eutiches his Iudges before being now present but not Iudges 12 Wee read in the Acts of the Councell of Chalcedon of a petition put up by Eusebius Bishop of Dorylea directed to the Emperours Valentinian and Martian where hee intreats them that they would grant the cognizance of the injurie which had beene done unto him by Dioscorus Bishop of Alexandria unto the second Councell of Ephesus and of the death of Flavianus Bishop of Constantinople whereof the same Dioscorus was accused at the Synod of Chalcedon To the intent that it may heare us these are the very words and also Dioscorus and report unto your pietie all that passeth that you may doe in it as it shall please your clemencie Wee read there also another petition of Savinian Bishop of Lesina exhibited unto the same Emperours whereby they are intreated To command that his cause may bee examined in their presence it was so in the presence of the Officers and Magistrates who passed sentence upon it in full Councell ordaiâ—ing that Savinian should continue in his Bishoprique yet with a Proviso Which was agreed unto by the whole Councel Where it is to bee observed that these Magistrates first judged of the cause and pronounced the sentence and afterwards asked the Fathers of the Councel whether they liked it or no. The holy Synod say they having heard what sentence wee have past let them say whether they decree the same or whether they be of another opinion The holy Synod said There is nothing more just nor more upright 13 In the third booke Iuris Graeco-Romani in the first tome we read this Decree concerning the deposition of a Bishop Iohn Amathunt Bishop having been depos'd by Iohn Archbishop of Cyrus and the Decree of that deposition having beene read at the Emperours tribunall having found that he was depos'd by fifteene Bishops and one Archbishop the most holy Patriarch Luke with the assistance of his Synod and the Senate there present ordain'd that such deposition was invalid and of no account because the whole Synod of the Church of Cyprus was not assembled 14 Sometimes the Emperours confirmed the sentence of the Synods containing such condemnations As Iustinian did that of Anthemius Archbishop of Constantinople and of some others deposed by a Synod of Constantinople And that because those condemnations were found to bee invalid if they were not fortified by the Emperours to whom such jurisdiction did properly appertaine Iustinian after hee had made the confirmation aforesaid saith If there bee any other thing contained in the sentence of the most holy Bishops which deposeth and anathematizeth the persons aforesaid wee also ordaine the like more firmely and with more continuance and wee make it of force by our Imperiall lawes just as if it had beene a thing done by our owne command 15 The Popes have so farre beleeved and holden for certaine this jurisâ—diction of Emperours
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
I know what the matter is when the fires were kindled over all France to burn them all alive Religion was then a case Royal. But when the question is about a necessary reformation of the Clergie or Monkery or sending Pastours home to their flocks this is a case Synodicall or Papall For as I remember I have heard some distinguish so and those eveâ—â—â—â—hops themselver As if Princes were no more but miâ—isters of another zeal ofttimes indiscreet and without knowledge that I say not executioners of cruelty and not rather Guardians Protectours and externall defendours of all the constitutions of the Church as her children 3 But let us here shew by good examples and sufficient testimonies in what fashion Secular Princes have medled with such things as concern the Church The first lesson which God gives the King which would bee established over his people is this It shall bee when he sitteth upon the throne of his Kingdome that hee shall write him a copy of this law in a booke out of that which is before the Priests and the Levits And it shall be with him and hee shall read therein all the dayes of his life that he may learne to feare the Lord his God to keepe all the words of this law and these Statutes to do them According hereunto the Lord speaks thus to Ioshua whom he had chosen to be the governour of his people after Moses This booke of the law shall not depart out of thy mouth but thou shalt meditate therein day and night that thou mayest observe to doe according to all that is written therein 4 Let us now see how these Kings and Governours behaved themselves in the ancient Church and the power which they tooke upon them without rebuke or to speake more properly with approbation David gathered together all the Princes of Israel with the Priests and the Levits Of which twenty and foure thousand were chosen to set forward the worke of the house of the Lord and six thousand were Officers and Iudges Moreover foure thousand were Porters and foure thousand praised the Lord with instruments which hee made to praise therewith And David divided them into courses among the sons of Levi. And a litle after And Aaron was separated that he should sanctifie the most holy things he and his sons for ever to burne incense before the Lord to minister unto him and to blesse his name for ever All this concernes the discipline of the Church and yet all was done by the conduct and command of David King Solomon built the Temple of the Lord in Ierusalem by the speciall appointment of God The son that shall bee borne to thee shall bee a man of rest Hee shall build an house for my name David would have built the temple himself but he was forbid by the Lord because he had shed bloud King Ioash repaired it afterwards And it came to passe after this that Ioash was aminded to repaire the house of the Lord. And he gathered together the Priests and the Levites and commanded them to goe out unto the Cities of Iudah and gather out of all Israel money to repaire the house of the Lord from year to year And when the Levites hastened not the King called for Iohoiadah the chief and said unto him Why hast thou not required of the Levites to bring out of Iudah and out of Ierusalem the collection And at the Kings commandement they made a chest into which every man brought his share and portion that Moses had laid upon them This money was brought unto the King and distributed by him and the high Priest amongst those that wrought about the temple 5 The Emperour Charlemaigne who was as great in Ecclesiasticall policie as in feats of armes speaks on this wise to the Clergy of his Empire in the preface of his Capitulary We have sent our Deputies unto you to the intent that they by our authoritie may together with you correct what shall stand in need of correction We have also added certaine Chapters of Canonicall ordinances such as we thought to bee most necessarie for you Let no man I entreat you thinke or censure this pious admonition for presumptuous whereby wee force our selves to correct what is amisse to cut off what is superfluous and briefly to compact what is good But rather let everie man receive it with a well-willing minde of charitie For wee have read in the booke of Kings how Ioas endevoured to restore the Kingdome which God had given him 〈◊〉 â—he service of the true God by going about it by correcting and admonishing it 6 Wee have elsewhere said that he discoursed himselfe about points of divinitie at the Councel of Francfort Nor doe wee ever finde so many Synods holden as in his reigne and all by his command which is a faire prâ—siâ—ent for his successors By his command saith Regino there were Councels celebrated in all parts of France by the Bishops about the state of the Church One was held at Mentz another at Rhemes a third at Tours a fourth at Cavaillon a fift at Arles and the severall Constitutions which were made in every one of them were confirmed by the Emperour Besides these five which were held in the yeare 813 namely but one yeare before his decease hee called one at Worms the year 770. One at Valentia in 771. Another at Worms in 772. Another at Genes the yeare 773. Another at a place called Duria in 775. Another at Cullen 782. A third at Wormsâ— 787. Another at a place called Ingeluheym the yeare 788. And a Generall one consisting of all the Westerne Churches at Francfort the yeare 794. Besides others which may be observed out of histories 7 See now then how Kings have a commanding power over the Clergy how they make Ordinances about such things as concerne Ecclesiastical discipline how they ingage themselves in such matters above all others yet not so as to minister in the Church to offer incense or such like For this belongs properly to the Church and cannot bee taken from them This is the reason why King Hezekiah speaks thus to the Priests and Levites when hee exhorts them to doe their dutie My sons be not now negligent for the Lord hath chosen you to stand before him to serve him and that you should minister unto him and burne incense Hee calls them sons or children that wee may observe so much by the way whereas our Canon law on the contrary saith that Bishops are the fathers and masters of Kings and Princes as wee have â—eene already It is not lawfull for Princes so much as to touch this mysterie and this is the reason why King Vzziah was smitten with a leprosie because hee had taken upon him to offer incense upon the altar and the Priests withstood him From whence our Popes make a wonderous â—â—range consequence when they concluâ—e from hence that Kings and Emperours cannot
they commenced every one of them for twenty pound rent given unto them by legacy by the said Ioan. And the said Court did reserve unto it selfe the power of disposing of the said revenew for the soule of the said Ioan deceased Pronounced the twenty fourth of March 1385. Amongst the Arrests num 28. In the same Collection I finde written December the fift 1371 it was said that the Augustine Monkes should not possesse any immoveable goods The sixt of Aprill 385 't was said that the Mendicants should not possesse any temporall goods in the booke of the Counsell And as for the priviledges granted by the Pope hearke what the Collection of the liberties of the Gallicane Church saith of them The Pope cannot allow or dispence with any man for holding and possessing any goods within this Realme contrary to the lawes statutes or customes of the places without leave and licence from the King This is further confirmed by an Arrest of Paris made in the yeare 1391 whereby a certaine Carmelite called Gratian was declared not to bee receiveable in a suit which he made for a certaine thing issuing out of an immoveable for the holding whereof hee was dispensed with by the Pope They were also forbid to hold secular benefices and Ecclesiasticall dignities by the letters patents of Charles the sixt bearing date the nineteenth of February 1413 notwithstanding the Popes dispensations 4 The Councel hath made a law concerning the farming out of Ecclesiasticall goods and lands whereby such leases as are made for many years and for payments before-hand are declared not to bee valid to the prejudice of successours Commission is also granted to the Provinciall Synods or those whom they shall depute to judge and declare invalid such leases of Ecclesiasticall goods as were made within this thirtie years for a long time or as it is in some places for nine and twentie yeares or twice nine and twenty years Whereupon it is urg'd in the first place that it belongs to Kings and Emperours to make lawes and Ordinances about the alienation or letting out of Ecclesiasticall goods as they have alwaies done in so much as all our books are full of examples in this kind And what Popes and Councels tooke upon them in this regard was by their toleration In the second place it doth not belong to a Councel to nominate and chuse Iudges for the deciding of controversies arising about such farmes and leases Nor doth it belong to the Ecclesiasticall Iudges to take the cognizance of them but to the secular And so it hath alwaies beene accustomed in France whereof there are an infinite number of Arrests given out in such cases 5 It is ordained by the sixt Chapter of the second Session of the same Councel that the commutation of last wils and testaments ought not to be admitted but upon just and necessarie causes See this is very faire but put case the Pope ordaine otherwise then there is no remedy For it is only said That the Bishops as Delegates for the See Apostolique shall take knowledge summarily and extra judicium whether there have beene any errour or false information They cannot therefore judge whether the cause bee lawfull or no. See here then a grievance common to all Christendome Behold yet another more particular to France which is that the Lay Iudges are herein deprived of their jurisdiction to whom it belongs to judge of the justice of the cause in matter of such commutations excepting the case of conscience See what is said in this point in the Collection of the liberties of the Gallicane Church The Pope cannot convert any Legacies though they be given to charitable uses or to any other use contrary to the will of the deceased save only in such cases when the will cannot be formally observed or where there is a necessitie of making such commutation alwaies provided that in such cases it be equivalent to that which was ordained by the testament or other disposall made by the last will of the deceased the cognizance wherof notwithstanding belongs to the Lay Iudge except for the case of conscience Now suppose the Pope chance to make any such commutations without a substantiall and lawfull cause it belongs to the Court of Parliament to reforme them upon appeals as from abuse which are wont to bee put up in such cases who must have their hands tyed if this Councel be admitted CHAP. X. Of the command laid upon Ecclesiasticall persons to receive this Councell and of other grievances 1 ANother great prejudice is offered unto the Royall dignitie by this Councell when it commands all Clergie men forthwith to receive in publique the Canons and Decrees thereof and those to whom the care of Vniversities doth belong to effect the same and bring it so about as that Maisters and Doctors and others publiâ—uely teach what is contained in the Canons of it and binde themselves by a solemne oath to the observation of this Decree In this they take too much upon them that they wold have al things put in execution without the Princes consent or privitie and perhaps even against his will It hath alwaies belonged to Kings and Emperours to approve the Canons and Decrees of Councels Wee have proved it in the third Book by many plaine examples taken out of all antiquitie 2 Wee wee will adde in behalf of France that the Councell of Basil used another manner of respect towards our King when at two several times it sent forth Deputies with expresse commission into this Kingdome to get their deliberations â—o bee received here which it could not fully obtaine but some of them were rejecâ—ed at that time when the Pragmatique was a making as appeares by the narration of it And the Cardinals which came thither the second time to get him to allow the deposition of Eugenius the fourth and the creation of Felix the fifth in his place and stead returned from thence without effecting any thing as appeares by the act of protestation set forth by King Charles the seventh of which wee have spoken towards the beginning of the first Book We say then that to give out such commands to Ecclesiasticall persons and Vniversities is all one as to set up two Monarchies in France and other Kingdomes All this should bee referred to Kings and Princes and they by their authoritie after they have approved and allowed of the resolutions of a Councell should cause them to bee put in execution and observed The late king Henry the third and the States of France assembled at Blois in the yeare 1579 knowing this very well made certaine lawes concerning Ecclesiasticall discipline in some sort conformable to these of the Councell of Trent in many matters without making any mention of it Whereby they give us to understand that the proceedings of it displeased them and that they would not receive the Decrees and Constitutions thereof 3 But the worst is yet that such as are refractorie
annal Boiorum p. 627. Marsilius Pat. in des pac 2. part c. 11. p. 201 Le Songe du verger c. 24. Rodericus episc Zamorensis in Speculo humanae virae impress Bisuntii ann 1488. Frances Guicciardine in his fourth book of the Histoâ—y of Iâ—â—ly †It is effaced by the Inquisition out of the Originall in in most editions but the English reader may finde the whole passage set forth by Dallington vvith a discourse upon it As also annexed to The history of the Councell of Tâ—ent Of the luxuâ—y of Poâ—â—s Guicciardinc in his fourth book of the history of Italy D. Bernaâ—dus lib 2. de considerat ad Eugenium Papam Ioannes Sarisburiensis in Policratico l. 6. c 24. Marsilius Patavinuâ— in def paciâ— part 2. c. 11. The Popes flatterers Consult dâ—lectorum virorum Tom. 3. Concil edit Colon. 1551. Ioannes Gerson de potest Eâ—cles Confid 12. Marsilius in def pac part 2â— c. 25. Plenitude of the Popes povveâ— Gregoâ—ius Heymburgensis in De consut primat Pap in princ 2 part Petrus de Ferrariis in form Opponend Contra testes in ver Contra jus p. 164. Clement Pastoralis De sent re judic Extra unam Sanctam de major obedient â—an omnes dist 22. a Lanc. Conrad in Templo omnium judic lâ— 2. c. 1. §. 4. b Baldus in l. Rescripta C. de praeci Imper. off nu 7. c Baldus ibid. d August Triumphus â—ive de Ancona in De potest Ec. q 18. art 1. e Idem ib a 2. f Idem ibid. art 3. g Ibid art 4. h Ibid art 5. Thâ— Popes 〈◊〉 Extat hâ—â— Bulla in tract de materiis indulgentiarumâ— Ioannis Phesfer Wittenberg Theol Proâ—ess in Vnivers Friburg scrip aâ—â— 147â— Decisio 1. vel 447. â—n compila Rebuffi Edit Lugduni ann 1555. p. 27. Extat haec Ep. Nicholai 1. ad Michaelem Const. to â— con Vnde sumptus Canon Satis evidenter dist Augustin Steuâ—cheus in lib de Donat. Constanâ—stantini Audiâ— summum Pontificem à Constantino Deum appellatum babitum pro Deo hoc videlicet factum est cum illum praeclaro illo edicto decoravit Adoravit uâ— Deum Augustin Beroâ—us in rubric de offiâ— deleg nu 10. Baldus in l. ult C. de senten rescindend Lancelotus Conradus l. 2. de templo omnium judic c. 1. §. 4. de praestantia potestaâ—te Pont. maximi Idem ibid. Idem l. 2. c. 1. §. 4. Hostiensis in tit 4. de transtat Episc. â—lii Lancelot Conradus ubi supra Bellar. de Rom. Pont. l 4. c. 5. Idem Lanc. l. 2. c. 1. §. 4. De reservatiâ— Pontifici Cap. Debitus de appellation Idem Lancelot l. 2 c. 1. Baldus in cap. Cum Super. de causis propriet possess Idâ—m in cap. Eccles. uâ— lite pendente Lancelot Conrad ubi supra l. 2. c. 1. §. 4. Ceremonial Pâ—â—tif l. 3. tit 1. The Popes usurped power over Princes Rodericus episc Zamorenâ—is in Speculo humanae vitae l. 2. c. 3. Michael Menotus in Sermon quadrages feria 3. post 2. dominicam quadrages Haec est Arnulphi Aurelianensiâ— episcopi oratio habita in Concilio Rhemensi Actis inserta Eberhardus episc Salisburiensis apud Aventinum l. 7. Annal. Boiorum p 547. Ioannes Faber in praesat ad Iustinian Institut Papa in verbis se dicit servum servoâ—um de facto tamen se adoraripermittitâ— quod Angeluâ— in apocalypsi refugit Zabarella Cardâ—nal Flor. in tract de schism Pont. Can. Constantius dist 96. a Cap. unam sanctam extraâ— de majorit obed b Ca. 1. Extraâ— de Consâ—â—t Oâ— tâ—â— Popâ—s 〈◊〉 c Câ—â—undamentâ— de elect ju d Clementin Pastoralis de râ— judiâ— e August de Ancoâ—a De Potest Ecâ—les q. 36. art 2. f Idem ibid. q. 35 art 1. g Lancelot Conradus in templo â—mnium judic l. 2. c. 1. §. 4. h Idem ibid. de Praest potest Pontis maxim i Ca. Venerabilem extra de electione k August de Anc. q. 37. a. 1. l Idem q. 37. art 2. m Idem q. 37. art â— n Idem q. 37. art 4 Et â—a Venerabilem extra de elâ—ctione o Idem August q 37. art 5. p Idem q. 38. art 1. q Idem q. 38. aâ—t 4. r Idem q. 39. art 1â— s Idem q. 35. art 6. t Idem q. 35. art 3. u Idem ibid. art 4. x Idem q. 46. a. 3 y Idem q. 45â— art 3. art 3. z Idem ib a 2. a Idem q 46. art 1 b Ibid q 44. art 4. c Idem ibid. art 5. d Alvarus Pelagius de planctu Eccles. l. 1 art 37. e Idem ibid. f Idem ibid. â—hâ— Poâ—â—s bestowing of Kingdomâ—s g Idem ibid. h Idem ibid. Câ—p. 〈◊〉 de insuâ—â— novi orâ—is l. 7. Decret Iacâ—bus de Teranâ— in tract Monarâ—h â—â—trav Vnam sâ—nctâ—m de mâ—â—â—rit obed Albert. Crantz Mâ—â—rop l. 9. c. 201. Platina in Greg. 7. Clementin Pastoralis de sent re judic Sabellâ—cus Ennead 9. l. 8. Nâ—uclerus Generat 45. Of the King of France his Priviledges Can. aliuâ— caus 15 q. 16. Marsilâ— Patav. in def pacis part 2. c. 25. The King of Fâ—ance his priviledge vaâ—â—n Mursil Patav. in dâ—s pâ—c partâ— 2. c. 20. * Venericus Vercellensis lib. de unit Eccles. conser p. 12. 37. 40. Epistola Leodiensium tom 3. Concil ex edit Colon. ann 15â—1 Marsilius Patavin in desens pacis part 1. cap. ult part 2. capiâ—ib 22,23,24,25 Aventinus lib. 7. annatium Boiorum ubi refert rogationem Procerum Germanorum pag. 621. ubi loquitur de Frederico 2. pag. 533. Arnaldus Ferronius de rebus gestis Francorum ubi loquitur de Iulio 2 Guicciardinus lib 4 hist. Italia in loco detracto Baptista Mantuanus lib. 1. Sylvarum Erasmus in apologia adversus Stunica blasphemiaâ— Lâ—dovicus Romanuâ— coâ—s 522. num 9. Martinus Polâ—nus in Henrico 6. sub ann 13â—9 Guilielmus Mâ—lmesburiensis Auglus lib. 4. cap. 2. Platina in Gregorio 7. in Bonifacio 8. Alexandrâ—â— in Innocentio 4 in Eugenio 4 in Iulio 2. Otho Frisingensis lib. 7. Chron. c. 9. Helmoldus in Chronico Slavorum c. 28. sequent Of holding the Popes stirrop Can. Constant. dist 96. August Steuchius Papeâ— bibliothecarius l. 2. de donat Constant. c. 66. Platina in Steph 2. Ceremoniale pontif Tit. 2. sub §. Ordo processionis continet Et l. 3. sub §. de prima lotione manuum Et §. de modo portandi fercul Helmoldus Presbyter Lubecensis in hist. Slavorume 8. The Popes pride ovâ—â— Emperours Nauclerus gener 39. Albertus Crantz 2 Metrop 6. c. 35. Matth Wesâ— monast l. 2. sub ann 1245. Helmoldus ubi supra Abhas Vispargensis in Hen. 4. Le mer de histoires Matth. Westmonast 2. sub ann 1246. The Popes omnipoâ—ency Matth Westmon l. 2. sub ann 1244. Rodericus Episc â—amorensis in speculo humanae vitae l. 2. c. 1. Iob 9. Antoninus in 3 part hist tit 22. â— 17. §. 1. Iacobus de Terano in tract
Pope because hee was chiefe in Ecclesiasticall dignity It is a hard matter to know who had the Presidence in that Councell because when the question is of decreeing or pronouncing any thing the Councell is made to speak in corps as on this manner The Councell saith The Councell ordaineth Yet is not this carried so closely but it may appeare that Tarasius Patriarch of Constantinople managed the action seeing for the most part he proposeth and decreeth yea and when the question is of giving voices the Popes Legates come in the first place and he in the last to make the conclusion as in the third Action And besides those Legats shew themselves so seldome that hee that shall read all the Acts will never take them for Presidents But oâ—serve I pray that which gives a shrewd blow to the Popes Presidence When the Councell was finished Those which had celebrated it saith Zonaras repaired to Constantinople where the Acts of the Councell were read in the Palace royall the Emperor presiding there and upon the audience of every Action they were approved and subscribed unto by them 13 As for the eighth General holden at Constantinople I professe the Popes Legats presided there onely I entreat the reader to observe in his perusall of the Acts in what manner they make their Presidence passe for good they take good heed of not forgetting that title as in the former and it is credible they would have beene as carefull then if it had beene in their power In the first place they produce their commissions and instructions wherby they are charged by the Pope to preside there they met with such Emperours as they desired that is so honest and respective that they not only yeelded the Presidence to them but which is worse they would not signe the Acts till after the Bishops and Delegates as is testified in their subscriptions Certaine Princes and Lords which assisted at that Synod by the Emperours command were also so milde and courteous in imitating their maisters example that the Popes Legats having requested them to put some interrogatories to certain men who were come into the Councell concerning a petition prefâ—rred by them they replyed In obedience to your request and upon your command wee will examine them not of our owne power for this power belongs to you To be short it cannot be denyed but the Pope was truely the President of that Councel So that we need not marvaile that he did such an ill office to Charles the Great as to condemne his Councell of Francfort considering he did not vouchsafe to devolve the presidence upon him 14 Now we affirme yet for all this that this courtesie ought not to be drawn into an argument that the Emperours might well prejudice themselves thus but not their successors Yea it may be said that what they did in this case is a nullity seeing that by the very Decrees of Pope Alexander the third no man can forfeit a priviledge which is granted to his order ranke and dignitie That because a man hath presided in one Councell he must not therefore pretend that the whole presidence belongs unto him and that the Emperour who was wont to preside in all hath no more right ever after 15 All this then being proved to be true That the Emperors called Councels That they and not the Popes presided in them That when they pleased they had the whole stroke and authority in them who will not henceforth startle to hear the language of Pope Nicholas to the Emperour Michael Where did you ever read saith he that your predecessors had ought to doe in any Councell unlesse perchance in some one wherein matters of faith were handled Wee aske him on the contrary where did he ever read that they had not to doe Yet we are much beholding to him for that exception unlesse in some one The language of Leo the tenth and his Councell of Lateran is yet more frightfull The Pope of Rome alone as having authority over all Councels hath full power and right to call transferre and dissolve Councels CHAP. XIII Of the Presidence of Kings and Princes in Councels 1 HAving spoken of the Presidence of the Emperour and the Pope it remaines we speake of that of Kings in the Councels Synods of their own realmes And for France we shall here marshal the examples of Charles the Great Lewes the Gentle and other French Emperours howbeit they might have beene disposed amongst the former It is reported in the life of Charles the Great At that time King Charles held a Synod at Valentia And again in the life of the same Prince He together with the French in generall held a Synod at Gennes and there dividing his army hee marched towards mount Senis So saith Regino divers times when he speaks of Charles the Great The King held a Synod the words in Latine are habuit tenuit which signifie both his presence and his presidence The Acts of the Synod of Francfort say in plaine termes that he presided there for hearke how they speake of him in their letters to the Bishops of Spaine We have all met together by the command of the most pious and most glorious King Charles who presided amongst us to repaire the state of the Church Yea which is more he disputed there about matters of faith and therefore it is probable hee delivered his opinion concerning them Vpon a day say the Acts being all at the Palace the Priests Deacons and all the Clergy being seated circular-wise in the presence of the said Prince there was a letter brought in sent by Elipend Bishop of Toledo who had committed a most enormous crime and being read aloud by the Kings command that reverend Prince rising up on a suddaine from his chaire of State continued standing and discoursed of matters of faith for a long time together adding at the close What thinke you of it And the Canons and Decrees of that very Councell informe us of much more namely that Charles the Great was the author of them for hee is the speaker The fourth begins thus The most pious King our Lord ordaineth with the consent of the Synod At the sixth seventh and eleventh the King and the Councell both speake It is decreed by the King our Lord and the holy Synod And at the tenth It is decreed by the King our Lord or by the Synod c. 2 Lewes the Gentle at his entrance into the Councell of Aix made an exhortatory speech wherein he warnes the Bishops to provide for some things by him specified which stood in need of reformation hee prescribed unto them a set forme which they were to follow which was highly commended by all the Synod yea and approved in all points besides he furnished them with divinity books which they might make use of All this is related in the Preface of that Councell whence it may bee inferred that hee
presided there 3 We read in an old French Historian that Rhabanus Archbishop of Mentz presided in two severall Councels holden in that Citie by the command of Lewes the Gentle But the same authour tels us plainely that it was the same Emperours pleasure and in his absence seeing that in the Acts of those Councels at least of the first for the rest wee have not the same Rhabanus and all the Synod speake continually of the Emperour with a great deal of humility even referring all to his judgement But heark what the forecited author saith of it Orgarius Bishop of Mentz dyed in the yeer 847 and Rhabanus succeeded in his place who by command from King Lewes held a Synod at Mentz the same yeere The title of that Synod imports that Rhabanus presided in it whence it follows that it was by virtue of the Emperours command The same author saith In the yeer 852 there was a Councell holden at Mentz the Metropolitan Citie of Germany by the will and command of the said most renowned Prince Rhabanus Archbishop of that Citie being President of it A litle after he addes further that at the same time while they treated of Ecclesiasticall matters the King was imployed in publique affaires and that they sent their Decrees unto him to bee confirmed a certaine testimony that the presidence was conferr'd upon Rhabanus by the Prince 4 King Charles the Bald was present at the Councell â—olden at Piâ—tis upon Sein in the yeer 863. Hee is named first the Decrees are conceived in his name whence it follows that hee presided there Wee may make the like inference of all those other Councels which run in the name of our Kings or to speake more properly where our Kings speak and decree such things as are proposed with the advice of the Clergy of which kind we find good store for without doubt either they themselves presided in them or others for them 5 King Arnold after he had called the Councell of Triburâ— in the yeer 895. presided there himselfe as may be collected from that epistle which contâ—ines the Preface which is likewise avouched in plaine termes at the end In this holy Councell the devout Prince and most renowned King Arnold being President and imploying himself about it the holy fathers and Reverend Pastors of the Church which came thither were all seated 6 Philip Augustus call'd a Councel at Paris ann 1â—84 at which he presided as is collected from the words of the author who speaks thus of it He commanded a Generall Councell to bee called at Paris of all the Archbishops Bishops and Princes of his Realme which he having kept with them by common advice by his authority royall hee enjoyned the Archbishops Bishops and all the rest of the Ecclesiasticall Prelats by their frequent Sermons and exhortations to perswade the people committed to their charge to goe to Ierusalem to defend the Christian faith against the enemies of the crosse of Christ. 7 When King Lewes the father of St. Lewes reigned in France saith Iohn le Maire and Gregory sixâ— Romanus the said Popes Legat came into France by the will of the King there was a Councell of the Gallicane Church assembled whereat the King and the said Legat did preside 8 In the yeer 1286 there was a Councell holden consisting of all the Prelates and Barons of France Against Pope Boniface the eighth where King Philip was present in person and presided at it reckoning up all the outrages and injuries which hee had received from that Pope Boniface saith the same authour 9 The Ordinance of Charles the sixt in the yeer 1408 makes mention of certaine Presidents by him established at a Councell holden at Paris Not long agoe saith hee it was proposed and demanded by our Atturney Generall at a Councell holden at Paris consisting of the Bishops and Clergy of the Churches within our Kingdome and Dauphiny where our cousen Lewes King of Sicily our eldest sonne Duke of Aquitain and Viennois the Duke of Bourges our unkle by the fathers side the Duke of Burgundy our cousen and the Duke of Bourbon our unkle by the mothers side did preside for us that the Popes exactions and other grievances formerly rehearsed might be utterly abolished 10 King Lewes the eleventh caused a Councell Of the Gallicane Church and all the Vniversites to bee assembled in the Citie of Orleans to bee more fully informed in the businesse of the Pragmatique Sanction at which Peter Duke of Bourbon Lord of Beavieu presided in steed of the King 11 There are Presidents in store for England too William the first presided in a Councell holden at Roan in the yeer 1073. It was judged saith an English authour at a Councell holden in that Citie where William King of England was President that the Monkes which were guilty of the cryme should bee kept in close prison during the Bishops pleasure The same King presided also at another holden before that at Silchester in the yeere 1070 whereof we have spoken elsewhere In the year 1102 or as others have it 1070 Anselm Archbishop of Canterbury called a Generall Councell of the Churches of England to London and presided at it but it was with the consent and good will of Henry the first where some Ecclesiasticall affaires of great importance were treated of 12 Wee could also produce some examples for Spaine for hee that shall read the Councels holden in that Countrey â—ill easily acknowledge that the Kings had all the authoritie in them whensoever they were pleased to use it 13 All the discourse which wee have made upon this point is in a manner superfluous for having proved by so many examples that Kings and Princes called Councels it follows that they had also authority to preside in them which yet they did not alwayes use being for the most part more apt to weild the sword than to manage an Ecclesiasticall action to give their opinions or cause others to opine in spiritual matters to pronounce the sentence of judgement and such like For this reason ofttimes they left all to the Clergy without intermedling themselves but when they were pleased to interpose they were so farre from being censured for taking too much upon them that on the contrary they were highly extoll'd and commended for it And what was spoken to the Emperour by an Archbishop of Bulgaria is applyable to all Princes within their owne Realmes and Dominions The Emperour saith hee as the common-skilfull Monarch of the Churches is President of the Decrees of Councels and makes them bee in force he ordaineth Ecclesiasticall orders hee sets lawes to the life and policy of those that serve at the Altar c. CHAP. XIV Of the approbation and authorisation of Councels 1 IT remaines now that we speak of the authorising of Councels which the Popes in their books arrogate unto themselves exclusively to all others which is also