The letters The Abbat readeth a protestation being recited the Abbat read a Protestation containing a narration of a Protestation made by Termes in Rome saying That the King after hee had taken vpon him the defence of Parma seeing that those laudable things which hee had done were reprehended vsed great care that Paul Termes his Ambassador should giue an account of all to the Pope Colledge of Cardinals to take from them all sinister opinion shewing that the taking of the Duke into his protection was the effect of a pious humane and kingly minde wherein there was no cunning or priuate gaine but respect onely of the Church as appeared by the propositions of accord which aymed at nothing but that the Church might not be robbed and Italy preserued in peace and libertie And if the Pope thought this a cause to put all Europe into warre he was sorry but it could not be imputed to him hauing not onely accepted but offered also all honest and fit conditions Neither could the dissolution of the Councell assembled bee prescribed to him praying the Pope to consider what mischiefes would accompany the war and to preuent them with peace Which if his Holinesse will not regard but desire rather to set Europe on fire and hinder the Councell giuing suspicion that it was called not for the good of the Church but for priuate interests excluding from it a most Christian King hee could not choose but to protest to him and the Colledge that he could not send his Bishops to Trent where the accesse is not free and secure and that he could not esteeme that a generall Councell but priuate from which he was excluded neither could the people or Prelates of France be obliged to the decrees of it Afterwards he protested that he would come to the remedies vsed by his ancestors in like occurrences not to take away his due obseruance from the Apostolique Sea but to reserue it for better times when armes shall bee laid downe which are dishonestly taken vp against him desiring of his Holinesse that this Protestation might bee registred and giuing him a copie of it to peruse These things hauing beene already protested in Rome he desired should be likewise protested in Trent with the same instance that they might be registred in the actes of that assembly and that there being a publike instrument made of it he might vse it in time and place When the Protestation was read the Speaker hauing talked with the President answered in substance That the Kings modesty in his letters was gratefull to the Synode that it doth not accept the person of the Abbat but as it is lawfull that warneth him to bee in the same place the eleuenth of October to receiue the answere which shall bee made to the Kings letters and forbiddeth the Nuncij to make an instrument of the present action but ioyntly with the Secretary of the Councell And nothing else beeing to bee done the Session was ended Then the Abbat demaunded an instrument of the action but could not obtaine it When Termes had protested in Rome though many did not know of the The censure of this Protestation act yet it was beleeued that the Pope would deferre the Councell because it must needes bring forth new diuisions if such a principall Nation did resist But he deceiued the world not for any desire hee had to celebrate it but for that he would not seeme to be cause of the dissolution being resolued that if it were separated without him hee would answere with an open mouth to whosoeuer should desire it again that he had done his part and would do no more But the Protestation made in Trent a place so conspicuous was presently published euery where and gaue matter of discourse The Imperialists esteemed it a vainity saying That the act of the maior part of the vniuersality is euer esteemed lawfull when the lesser being called either cannot or wil not be present that all are called to the Councell and the Frenchmen also might haue come without passing by the Popes territories but in case they could not yet their absence doth not derogate from the Councell because they are not neglected but inuited It was said to the contrary that to call in words and to exclude in deeds was not to inuite and for the Popes territories one might goe from France to Trent without passing by them but not without passing by those of the Emperour and the maior part hath full authoritie when the lesser cannot appeare and is silent because it is presupposed to consent and when it will not appeare because it is accounted contumacious but when it doth protest it bath its place and especially if the impediment proceed from him that calleth the action in absence cannot be of force And the Counsellors of the Parliament of Paris said some thing more The Decrees of Councels do not binde the Churches absent That it is true that the authoritie of the whole vniuersalitie is transferred into the maior part when the cause is common to all and nothing belongeth to particular men but when the whole belongeth to all and euery one hath his part the assent of euery one is necessary Et prohibentis conditio potior and the absent not giuing their voyces are not bound Of this sort are Ecclesiasticall assemblies and bee the Councell as populous as it will the absent Churches are not bound if they thinke fit not to receiue it This hath alwayes beene vsed in ancient times that the Councels beeing ended the Decrees should be sent to be confirmed to the Churches that were absent in which otherwise they had no force which euery one that readeth Hilarius Athanasius Theodoretus and Victorinus who handle this particular may see plainely And iâ— happened sometimes that some part of the Canons were receiued by some Church and some left out as euery one thought fit for their necessities manners and vses And S. Gregorie himselfe doth witnesse that the Church of Rome did not receiue the Canons of the second Councell of Constantinople nor of the first of Ephesus Wisemen not considering the subtilties said that the King had giuen that Councell an vncurable wound For it hauing no other ground then Christian charity and the assistance of the holy Ghost it would neuer bee beleeued that these were present in an assembly against which a most Christian King persecutor of all Sects with the adherence of a kingdome not blemished in Religion did protest in that forme And they brought an experience for proofe For they said that the Presidents retyring to consult with the Emperours Ambassadours did shew who guided the Councell And which was of more importance when these fiue had consulted and imparted nothing to any body else the Speaker sayd The holy Synod doth receiue the letters And what was that holy Synode And likewise the Abbats exposition The Presidents take vpon them the authority of the Councell beeing read the answere resolued
by the people secular power or Magistrate or by their owne temeritie doe ascend to Ecclesiasticall Ministeries are not Ministers but theeues This doctrine was attended with eight Anathematismes 1. Against him that shall say that there is no visible Priesthood in the new Testament nor any power to consecrate and offer and remit sinnes but onely an Office or naked Ministery to preach the Gospel and that those who doe not preach are not Priests 2. Or that besides Priesthood there are not greater Orders The Anathematismes and lesse which are degrees to ascend to Priesthood 3. Or that holy ordination is not a Sacrament but an humane inuention or onely a certaine Rite to elect Ministers of the word of God and of the Sacraments 4. Or that the holy Ghost is not giuen by the holy Ordination nor any Character imprinted or that a Priest may returne to bee a Laique 5. Or that the holy Vnction or other Ceremonies which the Church vseth are not requisite but may be omitted or are pernicious 6. Or that there is not an Hierarchie instituted in the Catholique Church by diuine Ordination consisting of Bishops Priests and Ministers 7. Or that Bishops are not Superiour to Priests or haue not power to confirme and ordaine or that Priests also haue the same power or that Orders conferred without the consent or vocation of the people or Secular power are voyd or that they may be lawfull Ministers of the word of God and Sacraments who are not lawfully ordayned by the Ecclesiasticall power 8. Or that Bishops assumed by authoritie of the Pope are not lawfull and true but that it is an humane inuention Afterwards the decree of reformation was read which contained eighteene The Decree of Reformation heads The first concerning the matter of Residence so much disputed on in which it was sayd that euery one that hath cure of foules is bound by the Commandement of God to know his sheepe to offer Sacrifices for them to feede them with preaching Sacraments and good examples and to attend other Pastorall charges which things because they cannot be performed by him who doeth not assist and watch ouer the flocke the Synode doeth admonish them to feede and gouerne with iudgement and trueth But that none by a badde interpretation of the Constitutions made vnder Paul the third in this matter may thinke the absence of fiue Moneths lawfull it doeth declare that whosoeuer hath Bishoprickes in what title soeuer though Cardinals are bound to reside personally nor may bee absent but when Christian charitie vrgent necessitie due obedience or vtility of Church or Common-wealth doth require as also that such causes of absence must bee approoued for lawfull by the Pope or Metropolitane except they bee notorious or sudden in which case the Prouinciall Councels must take knowledge and iudge of the licences graunted that there may bee no abuse therein the Prelates prouiding that the people may not be damnified in their absence And because a short absence deserueth not this name though without any the causes aforesayd it doeth declare that this shall not exceede the space of two moneths or three at the most whether it be continuate or at diuers times so that there be equity of reason in it and without the dammage of the flocke which must be referred to the consciences of the Prelats admonishing euery one not to be absent on Sundayes in Aduent Lent Feast of the Natiuitie Resurrection Pentecost or Corpus Christi Which Decree he that shall violate besides the penalties imposed vpon Non-residents vnder Paul the third and mortall sinne may not with a good conscience enioy the Fruits for that proportion of time decreeing the same concerning all those that haue charge of soules who being absent with leaue of the Bishop must substitute a sufficient Vicar approoued by the Bishop allowing a conuenient stipend and doeth ordaine that this Deceee together with the other vnder Paul the third shall bee published in the Prouinciall and Diocesan Councels The second Article of the Decree concerning Order was That whosoeuer doeth hold a Bishopricke in what title soeuer though a Cardinall not receiuing consecration within three moneths shall lose the Fruits and deferring three moneths more shall lose the Benefice and that the consecration if it bee not in the Court of Rome shall bee celebrated in the proper Church or in the Prouince at the least if there be opportunitie The third That Bishops shall celebrate the ordinations in their owne person and in case they be sicke shall not send their subiects to bee ordained by other Bishops before they bee examined and approoued by themselues The fourth That the first Tonsure shall not bee giuen but to him that is confirmed and hath learned the principles of Faith to reade and write and hath chosen a Clericall life to serue GOD not to auoyd the Secular iudgement The fift He that is to be promoted to the inferiour Orders shall haue testimonie from the Parish Priest and Schoolemaster and charge shall bee giuen by the Bishop that his name may bee proposed publikely in Church and inquisition made of his birth age manners and life The sixth That none shall haue an Ecclesiasticall Benefice before the age of fourteene yeeres nor enioy the exemption of the tribunall if he haue not an Ecclesiasticall Benefice or wearing the habit and Tonsure doeth not serue in some Church by commission from the Bishop or dwell in a Seminary or Schoole or Vniuersitie with licence of the Bishop And for married Clerkes the constitution of Boniface the eighth shal be obserued with condition likewise that they shal serue in the Church in habit and Tonsure by deputation of the Bishop The seuenth That when an ordination is to be made all shal be called to the Citie the Wednesday before and diligent inquisition and examination of them made by the Bishop with the assistance of who he pleaseth The eighth Ordinations shall not be celebrated but in times appointed by the law in the cathedral Church in presence of the Canons and if occasion bee to make it in an other place of the Diocesse it shall bee in the most worthy Church in presence of the Clergie Euery one shall be ordained by his owne Bishop or if any bee ordained by another he shall haue letters testimoniall of his owne The ninth A Bishop shall not ordaine one of his family that is not his subiect if he haue not dwelt with him three yeeres and in that case shall presently conferre a Benefice vpon him The tenth No Abbat or other Prelate shall conferre the first Tonsure or the minor Orders but vnto Regulars their subiects nor these or other Prelats Colledges or Chapters shall grant dimissorie letters to Secular Clerkes to receiue Orders The eleuenth That the minor Orders shall be conferred vpon him that vnderstandeth the Latine tongue and with interposition of time betweene one Order and another and these being degrees vnto others none shall be ordained if
successor of S. Peter gaue them his benediction The Arch-bishop of Mentz answered the Legats oration by order of the And is answerred by the Arch-bishop of 〈◊〉 Emperour and the Diet that Caesar as supreme Aduocate of the Church will vse all meanes to compose the disorders will imploy all his forces in the 〈◊〉 against the Turkes and that all the Princes will joyne themselues 〈…〉 that their actionâ— shall bee approoued by God and the Pope After this many 〈◊〉 〈◊〉 being heard the Elector of Sacco 〈…〉 and protestant Cities â—oyned with him presented to the Emperour she confession of their faith written Latine and Dutch 〈…〉 it might be read But the Emperour refusing to haue it The Lutherans doe present a confession of their faith And so do the Zuinglians 〈◊〉 in publique it was put off vntill the next day when the Legate would not be present for feare of receiuing some prejudice But the Princes being assembled before the Emperor in an Hall capable to receiue about 〈◊〉 persons it was read with aloud voyce And the Cities which followed the doctrine of Zuinglius presented apart the confession of their faith not differing from the former but onely in the point of the Eucharist The confession of the Princes which afterwards from this place where it was read was called Augustana contâ—ined two parts in the first were The name of the Augustan confession bega 〈…〉 expounded 〈…〉 de of the vnitie of the God-head of originall sinne of the incarnation of iustification of the ministery of the Gospel of the Church of administring the Sacraments of Baptisme of the Eucharist of Confession of Penance of the vse of the Sacraments and the Ecclesiasticall order of the rites of the Church of the ciuill Common-wealth of the last â—udgement of free will of the cause of sinne of faith of good workes and worshipping of Saints In the second were expounded the doctrines which were different from the Church of Rome the abuses which the Confessionists reprooued And these were declared at large in seuen articles of the holy Communion mariage of Priests of the Masse of Confession of the distinction of meates of Monasticall vowes and Ecclesiasticall iurisdiction In conclusion they offered in case it were needfull a more full information But in the proheme thereof they deliuered that they had put their confession in writing to obey the Propose of his Maiestie that all men ought to present their opinions and therefore if the other Princes will giue vp theirs in writing they are readie to conferre peaceably with them that they may come to an agreement whereunto in case they could not come his Maiestie hauing giuen them to vnderstand in all the former Diets that he could not determine or conclude any matter of Religion for diuers respects then alleaged but that he would perswade the Pope to call a generall Councell and finally hauing caused it to bee said in the Diet of Spira that the differences betweene his Maiestie and the Pope being readie to bee composed there could bee no doubt but that hee would giue consent vnto it they offered to app 〈…〉 and to giue a reason and make a defence of their cause in such a generall free and Christian assembly of which it hath alwayes bin treated in all the Diets celebrated during the time of his Empire Vnto which Councell and to his Maiestie they haue formerly in due forme and vpon good cause appealed vnto which appeale they doe yet adhere not intending to abandon it neither by this treatie nor by any other if the difference bee not charitably reduced first to a Christian concord This was the onely Act of the first day But the Emperour before he made any resolution would haue the Legates aduice Who hauing read The Legate would not censure the Confession and considered the confession together with the Diuines which he brought out of Italie though hee was of opinion that it ought to bee opposed and a censure published vnder his name yet foreseeing that it would giue occasion of greater tumults and saying plainely that the difference for the most part seemed verball and that it imported not much whether one spake after one manner or after another and that it was not reasonable that the Apostolicall Sea should take part in the disputations of the Schooles hee conâ—ented not to haue his name vsed in the contentions And hee answered the Emperour that for the present there was no cause to make any 〈◊〉 examination of the doctrine but to consider the example which would bee giuen to all vnquiet and subtile wits who would not haue wanted infinite other nouities to propose with no lesse probabilitie which would haue beene heard with greedines because of the itching of cares which they stirre vp in the world and that by correcting the abuses that were noted greater inconueniencies would be raised then those which one sought to remedie That his opinion was that the doctrine of the Lutherans being read to remoue all preiudice a confutation thereof should be read likewise which should not be But gaue order that a confutation therof should be read and no copie giuen published in copies for feare of opening a way to disputations but meanes should be vsed that the Protestants should 〈◊〉 from going further on by proposing fauours and threats But the Confession being 〈…〉 it wrought diuers effects in the mindes of the Catholiques who heard it Some thought the Protestants more wicked then they were perswaded before they were informed of their particular opinions others on the contrary remitted much of the bad conceit they had against them esteeming their opinions not to absurd as before they did yea for a great part of the abuses they confessed they were iustly reprehended It is not to be omitted that Cardinal Mattheo Langi Archbishop of Salzburg told euery one that the reformation of the Masse The Archbishop of Salzburg would not haue the world reformed by a Monke was honest the libertie of meates conuenient and the demand iust to be disburthened of so many commandements of men but that a poore Monke should reforme all was not to bee endured And Cornelius Scoperus the Emperours Secretarie saide that if the Protestant Preachers had money they would easily buy of the Italians what Religion pleased them best but without golde it was impossible to make theirs shine in the world The Emperour according to the Legates aduice approued also by his owne Counsellers desirous to compose all by a negatiue went first about to separate the Ambassadors of the cities from ioyning with the Princes which proiect not succeeding he caused a confutation to be made of what the Protestants put vp in writing and another of that which was produced by the Cities And hauing called the whole Diet together hee told the Protestants that he had considered of the confession presented vnto him and giuen order to some pious and learned men to deliuer their opinion thereof And heere
Apostles and other disciples in Ierusalem who were assembled about the question of keeping the Law And though it may bee said that it was a recourse of the new Churches of the Gentiles vnto the old mother Church frō whence their faith was deriued a custom much vsed in those first ages often rehearsed by Irenie and Tertullian though the letter were written by the Apostles Elders brethren of Ierusalem only yet in regard that not they only but Paul Barnabas also did speake it may well be called a Councel by example whereof the succeeding Bishops thought all Christian Churches to bee but one and likewise all Bishoprickes to be but onely one so framed that euery Bishop held a part thereof not as his owne but so as that all ought to gouerne the whole and euery one to employ himselfe most in that which was particularly recommended to him as S. Cyprian in his little golden booke of the vnity of the Church doth piously demonstrate In case of necessity of any particular Church though the persecutions sometimes waxed warme as many as could assembled themselues to make prouision in common In which assemblies CHRIST and the holy Ghost being president and charity chasing away all humane passion they aduised and resolued of what was fit without ceremonies or formes prescribed But after a certaine time passions of men and charitie beeing mingled together and there beeing a necessity to gouerne them with some order the chiefest man amongst those that were assembled in Councell either for learning or for greatnesse of the Citie or Church whereof he was or for some other respect of eminencie tooke vpon him the charge to propose and guide the action and collect the voyces But after that it pleased God to giue peace to the Christians and that the Romane Emperours receiued the holy faith there happening more difficulties in doctrine and discipline which by reason of the ambition or other bad affections of those that had followers and credite troubled the publike quiet another sort of Episcopal assemblies had beginning congregated by Princes or their Lieutenants to remedie the troubles In these the action was guided by those Princes or Magistrates which did call them together who also were personally present proposing and gouerning the treatie and decreeing interlocutorily the occurring differences but leauing the decision of the principall point for which the Councell was congregated to the common opinion of the assemblie This forme appeareth in the Councels whose actes doe remaine The Colloquie of Catholikes and Donatistes before Marcellinus and many others may serue for example But to speake onely of generall Councels this was done in the first Councel of Ephesus before the Earle Candidianus sent President by the Emperour and more cleerely in that of Calcedon before Martianus and the Iudges by him appointed in that of Constantinople in Trullo before Constantine surnamed Poganatus where the Prince or Magistrate that was President commanded what should bee handled what order obserued who should speake and who be silent and did decide and accommodate the differences in these things And in the other generall Councell the actes whereof are not extant as of the first of Nice and the second of Constantinople the historians of that Age doe witnesse that Constantine and Theodofius did the like Yet in those times when the Bishops themselues did assemble of their owne accord and others medled not the action was gouerned as hath been said by one of them and the resolution taken according to the common consent Sometimes the matter was so easie that it was dispatched in one meeting Sometimes by reason of the difficulty or multiplicitie thereof it was necessarie to reiterate the businesse whence proceeded the many Sessions in the same Councel Not one of them was about ceremony or only to publish what was digested elsewhere but to vnderstand the opinion of euery one and the colloquies discussions disputes and whatsoeuer was done or spoken were called the actes of the Councel It is a new opinion and seldome practised though established in Trent that the Decrees onely are called Actes of the Councel and ought onely to bee published but in the ancient Councels all was giuen vnto all Notaries were present to collect the voyces who when a Bishop spake and was not contradicted wrote not his proper name but thus The Holy Sinode saith And when many said the same thing it was written The Bishops acclaymed or affirmed and the things so spoken were taken for decisions if they spake in a contrary sense the contrary opinions were noted and the names of the authours and the Iudges or Presidents did pronounce Sometimes some impertinencie did vndoubtedly happen by reason of some mans imperfection but charitie which excuseth the defects of ones brother did couer it A greater number of the Prouince where the Councell was held and of the borders was present but without emulation euery one rather desiring to obey then to giue a law vnto others After the Easterne and Westerne Empires were separated there remained still in the West some marke of the ancient Councels and many were celebrated in Councels gouerned by Princes France and Germany vnder the posterity of Charles the Great and not a few in Spaine vnder the Kings of the Gothes At last Princes being absolutely debarred to intermeddle in Ecclesiastical matters that kind of Councel grew in disuse 1546 PAVL 3. CHARLES 5. HENRY 8. FRANCIS 1. that alone remained which was called by the Ecclesiastikes themselues the conuocation of which Prouinciall Councels was almost wholly assumed by the Pope by sending his Legates to bee Presidents wheresoeuer hee heard there was a treatie to hold a Councell And after a certaine time hee tooke that power to himselfe which the Romane Emperours vsed to conuocate a Councell of the whole Empire and to be President himselfe if hee were present or in his absence to send Legates to be Presidents and to gouerne the action But the Prelats assembled in the Synod being deliuered from the feare of a Secular Prince which kept them in awe as worldly respects the causes of all mischiefes did exceedingly increase which caused also the multiplying of many indecencies they beganne to digest and order the matters in priuate that they might obserue a decencie in the publike meeting Afterwards this was obserued for a forme and in the Councels besides the Sessions they beganne to make Congregations of some Deputies to set in order the matters to bee treated of which in the beginning if they were many were diuided and a proper Congregation assigned to euery one And this beeing not sufficient to remooue all the indecencies because those that were not present hauing different interests made difficulties in publique besides the particular Congregation they made a generall before the Session where all were present which according to the ancient rite is the Conciliarie action because the Session euery thing being done before remayneth but a pure ceremonie But a
of sinne by meanes of the seed and generation saying That as if Adam had not sinned righteousnesse would haue beene transfused not by vertue of the generation but onely by the will of God so it is fit to finde another meanes to transfuse sinne And hee explaned his opinion in this forme that as God made a Couenant with Abraham and all his posteritie when he made him father of the faithfull so when he gaue originall righteousnesse to Adam and all mankinde hee made him seale an obligation in the name of all to keepe it for himselfe and them obseruing the commandements which because he transgressed he lost it as well for others as himselfe incurred the punishments also for them the which as they are deriued into euery one so the very transgression of Adam belonged to euery one to him as the cause to others by vertue of the Couenant so that the action of Adam is actuall sinne in him and imputed to others is originall because when hee sinned all mankind did sinne with him Catarinus grounded himselfe principally for that a true and proper sinne must needs bee a voluntary act and no other thing can bee voluntary but the transgression of Adam imputed vnto all And Paul saying that all haue sinned in Adam it must bee vnderstood that they haue all committed the same sinne with him He alleadged for example that St. Paul to the Hebrewes affirmeth that Leui paid tithe to Melchizedek when hee paid it in his great Grandfather Abraham by which reason it must bee said that the posteritie violated the commandement of GOD when Adam did it and that they were sinners in him as in him they receiued righteousnes And so there is no need to run to lust which infecteth the flesh whence the soule receiueth infection For it cannot bee vnderstood how a spirit can receiue a corporall passion and if sinne were a spirituall blemish in the soule it could not first be in the flesh and if it be corporall in the flesh it can work none effect in the spirit That the soule by ioyning it selfe with an infected body doth receiue spirituall infection is an vnconceiueable transcendencie He prooued the couenant of God with Adam by a place of the Prophet Osea by another of Ecclesiasticus and by many places of Saint Austin That the sinne of euery one is the act onely of the transgression of Adam hee proued by Saint Paul when hee saith That by the disobedience of one man many are made sinners and because the Church hath euer vnderstood that sinne is nothing else but a voluntary action against the law of which kind there was none but that of Adam and because Saint Paul saith That death entred by originall sinne which entred onely by actuall transgression And hee brought for the principall proofe that though Eue did eate the apple before Adam yet she knew not she was naked nor that shee had incurred the punishment but onely after Adam had sinned Therefore Adams sinne as it was not his alone but of Eue too so was it also of all his posteritie But Fryar Dominicus Soto to defend the opinion of Saint Thomas and of the other Diuines from the obiections of Catarinus brought a new exposition Dominicus Soro crosseth the opinion of Catarinus and said that Adam sinned actually in eating of the forbidden fruit but after he remained a sinner by an habituall qualitie caused by the action as by euery bad action such a disposition is bred in the minde of the actor by which though the act be past he remaineth and is called a sinner that Adams action was transitory nor had existence but while hee wrought that the habituall qualitie remaining in him passed into the posteritie and is transfused as proper vnto euery one that Adams action is not originall sin but that consequent habit which the Theologues call priuation of righteousnesse which may be wel expounded cōsidering that man is called a sinner not only when hee transgresseth actually but after also vntill the sinne bee cancelled not in regard of the punishments or other consequences of sinne but in regard of the preceding transgression it selfe as that which maketh a man crooked vntill hee bee straightned againe who is said to be so not by an actuall action but by that effect which remaineth after the action is past Hee compared originall sinne to crookednesse as it is indeede a spirituall obliquitie for the whole nature of man being in Adam when hee made himselfe crooked by transgressing the Precept the whole nature of man and by consequent euery particular person remained crooked not by the curuitie of Adam but by his owne by which hee is truely crooked and a sinner vntill hee bee straightened by the grace of God These two opinions were sharpely disputed and euery one pretended that his owne should be receiued by the Synode But in the consideration how originall sinne was remitted they agreed How original sin is renutted all that it is cancelled by baptisme and the soule restored pure into the state of innocencie though the punishments which follow sinne bee not remooued that they may bee an exercise for the iust And this all of them expounded by saying that the perfection of Adam consisted in an infused qualitie which adorned the soule made it perfect and acceptable to God and exempted the bodie from mortalitie And God for the merit of CHRIST giueth vnto those that are regenerated by baptisme another quality called iustifying grace which wiping out euery blemish in the soule maketh it pure as was that of Adam yea in some it worketh greater effects then originall righteousnesse but onely that it worketh no effect in the bodie whereby mortalitie and other naturall defects are not remooued Many places of Saint Paul and the other Apostles were alleadged where they say that baptisme washeth cleanseth illuminateth and purifieth the soule so that no condemnation spot or wrinkle remaineth It was exactly discoursed how if the baptised haue no sinne sinne can passe into their children Whereunto Augustinus answered with examples onely as of a circumcised father the sonne is borne vncircumcised and of a blinde man one that can see and of a pure graine one clad in straw Catarinus answered that the Couenant was made with Adam onely and that euery one hath sinne by imputation of that of Adam so that the intermediate Parents haue nothing to doe therein and if the forbidden fruit had beene eaten not by Adam but by one of his sonnes his posterity had not sinned and if Adam had sinned after hee had begotsonnes his sinne had beene imputed to them though borne before Soto disputed against it that if Adam had sinned after his sonnes were borne those would not haue beene obnoxious vnto it but their posterity should The common voyce was that the sixt Article was hereticall for saying there remaineth in the baptized something worthy of death and the seuenth for leauing remainders of sinne in the baptized and the eight
created Emperour and they made protestation of the iniurie But many of the Protestants kept themselues on his side because they could not beleeue that hee had any other respects then of State And the Arch-bishop of Collen of whom wee haue spoken The Arch-b 〈…〉 of Collen sentenced by the Pope is obeyed by his people and followeth the Emperour before who though hee were sentenced and depriued by the Pope continued in gouerment and was obeyed by his people followed the Emperour who also acknowledged him for Election and Arch-bishop and wrote vnto him that none of his subiects might beare armes against him wherein the Arch-bishop imployed his endeuours sincerely The Elector of Saxonie and the Landgraue seeing this they published a Manifest the eleuenth of Iuly declaring that the warre was vndertaken for Religion and that the Emperour couered his meaning with a cloake of taking reuenge against some few for rebellion to disioyne the confederates and oppresse them by degrees They alleadged that Ferdinand and Granuell and other ministers of his Maiestie had said that the cause of this warre was the The Elector of Saxonie and the Landgraue of Has 〈…〉 a publish a Manifest against the Emperour contempt of the Councell they called to minde the Popes sentence against the Elector of Collen they added that the Spanish Prelates would not haue contributed so much of their proper reuenewes for any other cause they shewed that in other things the Emperour could pretend nothing against them But while the Pope and Emperour prepared against the Lutherans some thing beside Anathematismes the day after the Session the eighteenth of Iune a Congregation was made where after the accustomed prayers and inuocation Iustification is to be handled in the next place of the holy Ghost the Secretary read in the Legates name a writing framed by the principal Theologues in which it was proposed that hauing by diuine inspiration condemned the heresies concerning originall sinne the order of the things to bee handled did require that the doctrine of the modernes in the point of diuinegrace which is the medicine of sinne should be examined and that the rather it was fit to follow the order because it was obserued by the Augustane Confession all which the Councell meaneth to condemne And the Fathers and Diuines were intreated to haue recourse by prayer vnto the diuine assistance and to be assiduous and exact in their studies because all the errours of Martin were resolued into that point For hauing vndertaken from the beginning to oppugne the Indulgences he saw hee could not obtaine his purpose except hee destroyed the workes of repentance in defect whereof Indulgences doe succeede And iustification by faith onely a thing neuer heard of before seemed to him a good meanes to effect this from whence he hath collected not onely that good workes are not necessary but also that a dissolute liberty in obseruing the Law of GOD and of the Church will serue the turne hath denyed efficiencie in the Sacraments authority of Priests Purgatorie sacrifice of the Masse and all other remedies for remission of sinnes Therefore by a contrary way he that will establish the body of the Catholike doctrine must ouerthrow this heresie of iustice by faith onely and condemne the blasphemies of that enemie of good workes When the writing was read the Emperours Prelates said that the more principall and important the point proposed was it should bee the more maturely and opportunely handled that the sending of the Cardinall Madruccio to the Pope shewed that some businesse was on foote the which it was not fit to disturbe but in the meane space to handle some thing of the reformation The Papalins did on the other side inculcate that it was no honour to interrupt the order begun to handle together in euery Session doctrine and reformation and that after originall sinne no other matter could be handled The Legates hauing heard all their opinions concluded that to discusse the points and prepare them was not to define them but that they could not bee determined without preparation before Which they said onely to gaine time and after to put themselues in order to execute what should bee resolued at Rome betweene the Pope and the Cardinall in the Emperours name That to digest that matter was not to hinder the reformation because in that the Diuines would bee imployed and in this the Fathers and Canonists With this resolution it was concluded that the Articles to bee discussed and censured should bee collected out of the bookes of Luther out of the Colloquies Apologies and out of the writings of the Lutherans and Fathers And three Fathers and as many Diuines were deputed to set downe what should bee discussed and to frame the Articles The next Congregation was held to order the matter of Reformation The discourse of the Card. Monte concerning residencie where the Cardinal of Monte sayd that the world hath complayned long since of the absence of Prelats and Pastoures dayly demanding residence that the absence of the Prelats and other Curats from their Churches is the cause of all the mischiefes of the Church For the Church may bee compared to a ship the sinking whereof is ascribed to the absent Pilot that should gouerne it if he were present He shewed to them that heresies ignorance and dissolution doe reigne in the people and bad manners and vices in the Clergie because the Pastours being absent from the flocke no man hath care to instruct those or correct these By the Prelates absence it is come to passe that ignorant and vnlearned Ministers haue beene promoted and persons assumed to bishoprickes that were more fit for any other charge for in regard they neede not execute their duety in person no fitnesse is necessary So he concluded that to establish the point of residencie was a generall remedy for all the maladies of the Church which also hath sometimes beene vsed by Councels and Popes but either for that the transgressions were then but few or for some other cause it was not applyed with such strong and strait bonds as is necessarie now that the disease is come to the height that is with a more seuere commandement with more greiuous and fearefull punishments and by meanes more easie to be executed This was approued by the first voyces of the Prelates But when Iacomo The Bishop of Vesone speaketh in fauour of nonresidency Cortesi a Florentin Bishop of Vesone was to speake commending what had beene sayd by others he added that as hee beleeued that the presence of the Prelats and Curats in times past was the cause of maintayning purity of faith in the people and discipline in the Clergie so hee could cleerely shew that their absence in these latter times hath not beene the cause of the contrary subuersion and that the custome of not residing hath beene brought in because residence hath beene wholy vnprofitable For the Bishops could not then preserue sound doctrine amongst
read the Protestation which he held written in his hand Hee began with the Emperors vigilancie and diligence to reunite Christendome diuided into diuers opinions of religion Hee shewed what requests he had made to Adrian Clement and Paul himselfe to perswade them to call the Councel vnto which the rebels of Germany refusing to submit hee had compelled them to obedience by force of armes wherein though the Pope to shew he would not bee wanting to the publique cause did contribute some small assistance of men yet it may be said that the warre is finished onely by the Emperours forces In which while hee was busied behold the good worke begun in Trent was interrupted by a pernicious attempt of transferring the Councel vpon pretences neither true nor probable to this purpose onely that publike quiet might be hindered notwithstanding the more godly and sound part of the Fathers did oppose and remaine in the place That the name of the Councel should bee giuen to those not to those who are retired to Bolonia honoured by his Holinesse with the name of his adherâ—nts whose will hee preferre 〈◊〉 before the prayers of the Emperour and Ferdinand and Princes of the Empire not regarding the good of Germany nor the conuersion of those 〈…〉 to reduce whoâ—â— seeing they are content to submit to the Councell of Trent 〈…〉 remayneth nothing but to reduce it to that Citie For which being requested in the foresaid names by him the Ambassador he hath giuen an answerefull of câ—â—nning but voyde of reason Wherefore seeing that the Euangelicall requisitions made by him the Emperours Ambassadour to his Holinesse the 14. and 27. of December and the 16. of Ianuarie by other Proctors of his Maiestie in Bolonia haue beene neglected in both places hee did then protest that the departure from Trent and Translation of the Councel to Bolonia were voyde and vnlawfull will bring contention into the Church and put the Catholique faith and religion in danger and doe for the present giue â—eandall to the Church and deforme the state thereof That all the ruines scandals and dissentions which will arise ought to be imputed to his Holinesse who though hee is bound to prouide against them euen with the losse of his blood yet doeth fauour and cherish the authours of them That the Emperour in defect and fault of his Holinesse will imploy all his forces to make prouision herein according to the forme set downe by the holy Fathers and obserued by consent of the whole world Then turning to the Cardinals hee said that the Pope refusing to take care for the peach of religion vniting of Germany and reformation of manners if they also will be negligent he made the same protestation vnto them and leauing the writing which he had in his hand he departed The Pope considering the Protestation of Mendoza and aduising of the businesse with the Cardinals saw he was in a strait and that to be taken for The Pope 〈◊〉 â—â—te to make himselfe Neutrall and Iudge in the cause a party and to haue the contention turned against him was much against his reputation neither was there any remedy but by finding a way to make himselfe Neutrall and Iudge betweene them who approoue and who oppugne the Translation To doe this it was necessary to decline the Protestation that it might seeme not to bee made against him but before him against those of Bolonia in which not beeing able to dissemble sufficiently hee resolued to lay to the Ambassadours charge the transgressing of his Masters Manda 〈…〉 thinking that the Emperour seeing his dexterity in blaming his Minister that hee might not breake with his Maiestie would imitate him and proceede as if hee had protested against those of Bolonia acknowledging the Pope for Iudge Therefore on Wednesday the first of February calling Mendoza into the Consistory hee made a very long answere and sayd in substance That to protest was a thing of bad example vsed by those who haue shaken off obedience or are not constant in it That himselfe and the Colledge of Cardinals are sorry for that vnexpected action in regard of the fatherly loue hee hath alwayes borne the Emperour and because it was done when it was least looked for hauing made warre and gained The answere of his Holinesse to the Protestation the victory against his owne and the Churches enemies and beene assisted by the Popes men maintayned with his immense charge which succours were great and came in fit time and deserued not such a reward after victory that is that the end of the warre should bee the beginning of protesting against him But he did â—itigate his griefe because the Ambassadour had exceeded the bounds of the Emperours Commission in which hee haâ—â— commanded his Proctors at Bolonia to protest to the Legates and to him to protest against the Councel of Bolonia in presence of the Pope and Cardinals but not against the Pope That the Emperour had done the office of a modest Prince knowing the Pope to bee the onely lawfull Iudge in the cause of Translation which if he should refuse to determine then the Protestation against him should take place and therefore that it was more fit that if the Fathers remaining in Trent had cause of complaint against those of Bolonia they should make the processe before him But the Ambassadour had peruerted the order leauing the petition which ought to bee made and requiring an vndue proiudiâ—e against the Councell so that the act of the Proâ—estation falling of it selfe there was no need of an answere Yet to cleere all mens minds hee would make one And first for that hee taxeth him as negligent and commendâ—th the Emperour as industrious he said hee would not detract from the good meaning and actions of his Maiostie but yet that hee did precede him as in age so in diligence Hee said hee had euer desired the Councell and shewed it by effects And here hee discoursed of all his actions done to this end and how others did crosse him and sometimes the Emperour himselfe with diuers wars Hee added that to iudge whether the causes of the Translation bee lawfull or no was reserued to himselfe That to praise those of Trent was to praise those who were separated from the Church That he refused not nor euer did that they should returne to Trent so that it might bee done lawfully and without offence of other Nations That to thinke onely Trent fit to celebrate the Councel was to wrong the holy Ghost which is worshipped and present in all places Neither ought regard to be had that Germany hath need of a medicine foâ— by that reason there should be a generall Councel held in England and also where That a commodious place is not sought for those for whom the lawes are make but for those who make them which are the Bishops That often times Councels haue beene made out of the Prouinces where the heresies haue raigned That hee knoweth why he was
the good of the Church That they saw not why they should depart with the Legates who promised in the generall Congregation and in the publike Session to returne to Trent so soone as the suspition of the sicknesse did cease especially if Germany would submit to the Councell That they remained there beleeuing they would returne especially when they vnderstood that by the grace of God and vertue of the Emperour Germanie did submit it selfe And that some haue receiued scandall by their abiding in Trent as his holinesse saith it is sufficient for them that they haue not giuen it and on the other side the departure of others hath troubled many That the successor of Saint Peter hath euer been very venerable to their nation wherein themselues haue not beene defectuous They pray his Holinesse that they may not bee blamed for what they haue done to a good end and doe humbly beseech him not to consent they should bee put into a suite in regard the cause is not theirs but Gods saying that if it were theirs they would be content to indure any wrong but being Gods and CHRISTS as it is it belongeth more to none then to his Vicar In fine they prayed his holinesse to set the interrupted Councel on its feete againe and cause the Legats and Fathers to returne to the same place and to doe this by a Briefe without treating of Translation They prayed him to take their words in good part not spoken to signifie what the dutie of his Holinesse was but what they hoped from him The Spaniards answere being receiued by the Pope it was sent to the The reply of the Proctors of the Fathers of Bolonia the Spaniards answere Cardinals to whom the cause was committed by whom it was communicated to the Proctors of those of Bolonia that they might proceede These answered that they were glad that the Spaniards do acknowledge the iudgement and the Iudge and that they will not bee a partie Yet it was necessary to retort some things deliuered in their answere to make the Trueth appeare In that they say his Holinesse should first haue been aduised with it was superfluous in regard a speciall Bull was then read That the Emperour had been neglected it cannot be sayd because so great esteeme hath been held of his Maiestie as of the Pope the cause it selfe not comporting any delay seeing it was necessary to dissolue or translate the Councell in regard of the progresse which the pestilent sickenesse made in the Citie and borders of the actuall and eminent departure of many Fathers of the Doctors oath especially of Fracastorius who had a publike stipend and of the feare that the commerce of the neighbour Cities would bee taken away All which appeareth in the actes transported to Rome by his Holinesse commandement That the Legates after the Decree exhorted them to goe to Bolonia and being arriued there did admonish them by letters so that they cannot say they ought not to follow the Legats because they confented not to the Translation for the suffrages of all in the Councell being free they might dissent with a safe conscience but the maior part hauing made a Decree it was meete the lesser part should yeelde or else neuer any thing would be determined That the returne hath beene promised is true but it may bee seene in the Decree in what forme the promise was made If they taryed beleeuing that the others would returne why did they not answere the Legats letters who admonished them to goe to Bolonia But when they say the suspicion of the Pestilence was pretended it is probable they spake it by chance otherwise hauing nothing to say against the Translation and not sending according to the Popes Decree they should incurre the Censures Neither is that diuisiō ought worth if the cause be theirs or of God For as it belongeth to them no man will doe them wrong as vnto CHRIST seeing the question is of the fact it is necessarie to cleere that which is not manifest in the fact Whereupon the Emperour hauing calling the Legats pretended and the Fathers of Bolonia not a Councell but a priuate assembly and vttered many opprobrious termes against the Translation it was reasonable the Pope should assume the cause not to cherish but to appease contentions Whether scandals haue risen by the Translation or by their remaining in Trent may be seene by this onely that their remaining is the cause why the returne cannot be And when they pray his Holinesse to cause the interrupted Councell to returne if they vnderstand it of the vsuall Congregations they haue neuer beene intermitted if of the publication of the Decrees this hath beene referred for their sake and so many things are already discussed in Bolonia as well of faith as reformation that a long Session may bee made thereof Therefore they pray his Holinesse to giue sentence considering that no Councell but in time of schisme hath lasted so long as this so that the Bishops are desired by their Churches vnto which it is fit they should bee restored This writing was presented in the ende of Aprill After which there was no further proceeding in the cause for that the deputed Cardinals knew not how to conclude To pronounce the Translation The Cardinals deputed in this cause knew not how to proceed lawfull in the absence of the contradictors was to make a schisme hauing no meanes to enforce them to receiue the sentence and they saw lesse meanes to force them to assist in the cause The Pope was much troubled seeing no way to compose the difficultie without forme of iudgement While these things were in question after the death of the Duke his sonne the Pope did continually demand the restitution of Piacenza and of other places vsurped in the District of Parma making vse of the interests of the Emperours daughter wife to Duke Octauius sonne of him that was dead But the Emperour purposing to ioyne that Citie to the Dukedome of Milan and to recompence his sonne in Law in something else delayed the time with diuers answeres and offers hoping that the Pope beeing eighty yeeres of age and grieued for his sonnes death and hauing many other distasts would end all the controuersies by his death But the Pope seeing he Differences betweene the Pope Emperour about the restitution of Piacenza was deluded with delayes molested with requests for the returne of the Councell to Trent and offended by the remaining of the Spaniards in the Citie to make a diuersion at the least hee let the Emperour know that the vsurpers of Piacenza a Towne belonging to the Church had incurred the Censures to the declaration of which hee would proceed fulminating also more of them if within a certaine time prefixed it were not restored to him The Emperour wrote backe a sharpe letter aduising the Pope not to cherish the fugitiues of Naples shewing that all the practises were knowen vnto him and that hee did vnderstand the
Baptisme and of the Communion of the flesh of CHRIST What other spirituall things are there beside these And if there were how can hee who is partaker of these which are the chiefest be sayde absolutely in generall termes to be vncapeable of spirituall things But they sayd that the Minor was false also that causes appropriated to the Episcopall iudicature are spirituall For all either delicts or contracts which considering the qualities giuen by the holy Scripture to spirituall things are as farre from being such as earth is from heauen But the opposition of the better part could not ouercome the greater and so vpon the spirituall power giuen by CHRIST to the Church to binde and loose and vpon the institution of Saint Paul to compose contentions betweene Christians without going to the tribunall of Infidels in much time and by many degrees a temporall tribunal hath beene built more remarkeable then euer was any in the world and in the midst of euery Ciuill gouernement another instituted not depending on the Publike which is such a kinde of Common-wealth as not one of as many as haue written of gouernments would haue imagined could subsist I will omit to speake how the paines of so many besides the obtaining of the wished end To make themselues independent of the publike haue before they were aware raysed an Empire there being a more difficult opinion sprung vp taking root with admirable progresse which giueth to the Pope of Rome as much at once as hath in 1300. yeeres beene gained by so many Bishops by such extraordinarie meanes not making the power to binde and loose the foundation of iurisdiction but the power of feeding and so affirming that all iurisdiction was giuen the Pope by CHRIST in the person of Peter when he sayd to him Feede my sheepe For so it will be said in the third reduction of the Councell when great tumults were raised by this opinion which shall then be recounted But by that which hath been now declared euery one may of himselfe conceiue what remedies were necessarie to giue a tolerable forme to a matter broken out into so great corruptions and compare them with these that were proposed In Trent there were two defects considered that is that the charitie of the superiours was turned into domination and the obedience of the inferiours into complaints subterfuges and lamentations and they first thought of prouiding in some sort against them both But in prosecuting the first which is the fountaine from whence the second is deriued they vsed onely an exhortatorie remedie to the Prelates to take away domination and restore charitie And for the inferiours many subterfuges beeing mentioned to delude iustice three heads onely were taken Appeales absolutorie graces and complaints against the Iudges Iohannes Groperus who assisted in that Councell as a Diuine and a Lawyer spake honourably of Appeales and sayd that while the heat of faith remained in the brests of Christians Appeales were not heard of But charitie in the Iudges waxing colde and place being giuen to passion they entred into the Church for A discourse of Iohannes Groperus concernâ—ng Appeales the same reasons which brought them into the secular Courts that is for the ease of the oppressed And as the first iudicatures belonged not to the Bishop onely but to him with the councell of his Priests so the Appeale was not deuolued vnto one man but vnto another Congregation But the Bishops taking away the Synods did institute Courts and officers like the seculars Neither did the mischiefe stoppe there but passed to greater abuses then in the Secular court For there the first Appeale is onely to bee immediate superiour neither is it lawfull to leape to the highest nor permitted in the articles of the cause to appeale from the Decrees of the Iudge which they call interlocutories but it is necessarie to expect the end But in the Ecclesiasticall Courts one may appeale from euery acte which maketh the causes infinite and immediately to the highest Iudge which carryeth them out of the Countreys with great charges and other intolerable mischiefes This hee said hee did declare to conclude that if they would reforme this matter which is wholly corrupted and doeth not onely hinder residencie as in the Congregations of so many worthy Doctours and Fathers was considered but corrupteth the whole discipline and is a grieuance charge and scandall to the people it was fit to reduce it to its beginning or as neere to it as might bee setting a perfect Idea before their eyes and ayming at that to come as nigh to it as the corruption of the matter doth comport That the well instituted monasticall religions haue forbidden all appeale that this is the true remedie Hee that hath not beene able to goe so high hath moderated them granting them within their order and forbidding them without which succeeding well as appeareth to keepe those gouernments in order it would worke the same effect in the publike gouernments of the Church if the Appeales were confined within the same Prouince And to effect this and to bridle the malice of the litigants it is sufficient to reduce them to the forme of the Common lawes forbidding the Leap that is to go to the highest without passing by the intermediate superiours and by forbidding Appeales from the Articles or the interlocutory Decrees with which prouisions the causes will not goe farre will not be drawne in length will not cause excessiue charges and other innumerable grieuances and that the sentences may passe with sinceritie to restore the Synodals which are not subiect to so great corruptions remouing those officers by whom the world is so much scandalized because it is not possible that Germany should endure them This opinion was not willingly heard except by the Spaniards Dutch-men But the Cardinall the Nuncio of Siponto were displeased that hee went so farre For this was to take away not onely the profit of the Court but the honour also no cause would goe to Rome and by degrees euery one would forget the superioritie of the Pope it beeing an ordinary thing with men not to esteeme that Superiour whose authoritie is not feared or cannot be vsed Therefore they caused Iohn Baptista Castellus of Bolonia to speake in the next Congregation in the same matter in such sort as that without contradicting Groperus the appearance which the reasons alleadged by him did make should bee darkened Hee beganne with the prayses of the ancient â—n opposition whereof Iohannes Baptista Castellus maketh another discouâ—se by direction of the Presidents Church yet dexterously touching that in those same times there were imperfections in some part greater then in the present He thanked GOD that the Church was not oppressed as when the Arians did scarce suffer it to appeare and said that antiquitie ought not so to be commended as that something in the latter age may not bee reputed better Those who praise the Synodall iudicature haue not seene their defects
Emperours Ambassadours gaue them hope and promise that they might entertaine them But on the other side the Legate and Nuncij did plainely refuse to alter the forme of the Safe Conduct The answere of the Legate and Nuncij saying it was too much dishonourable for the Synode which representeth the Catholike Church that foure Sectaries should make difficulty to beleeue it neither would they stoppe the course of the Decrees already put in order with maturitie And what hope can there bee of the conuersion of Germanie when they come with these demaunds And for hearing them in publike it was iust because it was promised but beeing sent to the Councell of which they see and know that the Legate and Nuncij are Presidents they must acknowledge them for such or else they cannot bee admitted for so they had speciall Commission from the Pope when those of Wittenberg came that to release oathes and such like impieties they would rather die then cause to be done and that they would sooner depart dissolue the Councell and command the Prelates not to assist at any acte The Emperour enformed Offendeth the Emperour hereof who tooke the businesse to the heart was offended with the obstinacie of the Papalins who vpon a nice point of honour would disturbe a businesse of that consequence and raise a warre which in the end might be their owne ruine And he sent backe order to his Ambassadours and the Cardinall Madruccio to vse all meanes and his owne authoritie also to pacific the Legate first with intreaties then with high words if they could not find a temper which might satisfie both parties and to force the Presidents in a ciuill manner to yeeld to that which was iust The Emperours Ambassadours and Madruccio aduising together resolued not to demand of the Presidents all at once but first onely to receiue the Ambassadours wherein they vsed long perswasions which did all tend to shew that when they were brought into the assembly where themselues are Presidents it might be said that their Presidencie was acknowledged though before no particular complement had beene vsed with them To the perswasions they added intreaties in the Emperours name mixed with some words signifying that it was not fit to abuse his clemencie nor to force him to vse other remedies that necessity was a potent incitation to him that had power in his hand In the end Crescentius suffered himselfe to be perswaded to receiue them not in Session but in a publique generall Congregation in his house thinking that thereby he should be acknowledged as Head His edge beeing thus abated they came to speake of ceasing to treate of the points of doctrine Toledo said that he had heard it often preached that the sauing of one soule was so deare to CHRIST that hee would descend againe and suffer on the Crosse to gaine it and now that they refused to saue all Germany where was the imitation of CHRIST The Legate excused himselfe vpon the absolute commands of the Pope which hee must needes obey But the Ambassadour replying that to a Minister instruction is giuen in writing At y e instance of whose Ministers they change their opinion and matters of discretion are referred to iudgement the Legate said that hee saw well that this was a degree to demand a retractation of the things already decided The Ambassadour gaue his word that hee would neuer speake of that yea would deale effectually with the Saxons to make them desist from that request In the end the Legate perswaded by the Nuncio of Verona who suffered himselfe to bee ouercome first not to lay hee sayd on the Popes backe and the Councels so great a burthen that so important a businesse should bee precipitated and so small a delay denied condescended to say that hee was content so that the Prelates in the generall Congregation did approoue it to whom also he referred himselfe for the Safe Conduct which they required The Congregation was called to consult vpon these particulars and the delay was easily granted vpon the perswasions of the Imperialists For the Safe conduct the consultation was more hard not onely for the reason alleadged by the Legate but because the name of the Councell of Basill and the referring themselues to it was abhorred and which did more import they thought that some things might fit those times and not these because the doctrine of the Bohemians was not so contrary to the Church of Rome Notwithstanding all these oppositions the authoritie of the three Electors and of the Cardinall Madruccio and the negotiation of the Emperours Ambassadours preuailed But Petrus Tagliauia Archbishop of Palermo sayd that one very principall point was omitted whether it should bee allowed that they should sit A consultation about the maner of receruing the Protestants in Councell in the Councell or not and what termes of honour should bee giuen them and their Prince For to vse them meanly would breake off the businesse and to honour manifest heretiques would bee a great preiudice The same and greater consideration must bee had how to behaue themselues towards the Diuines which are to come who pretend to haue a voyce and will bee a partie in disputations and Consultations nor will be esteemed as the Church must esteeme them that is as heretiques excommunicated and condemned with whom it is not lawfull to treat but onely to instruct them if they humbly craue it and pardon them by fauour Concerning this proposition much was said of the varietie of times vnto which all lawes must be accommodated that the same Popes which did constitute those Decretals would not obserue them in these occasions that nothing is more easily broken then that which is most hard Which reasons though they perswaded the maior part yet they knew not what to resolue It seemed that to determine what rigor of the law was to bee retained and what to bee mitigated was a matter of much and long consultation not to bee resolued on without the Pope and Colledge of Cardinals which the straitnesse of time could not suffer When all were doubtfull the Bishop of Namberg opportunely sayd that necessity did excuse euery transgression and that in the Colloquies and Diets of Germany these things were naturely considered on and so decided But for more assurance it was good to make a Protestation before that all was done for charitie and piety which are aboue all law and to reduce those that wander and that it is vnderstood to bee done without preiudice with those clauses which the Lawyers know how to find This opinion was readily embraced first by the Dutch then by the Spanish Prelates and at last somewhat coldly by the Italians the Legate remaining immooueable and shewing plainely that hee stood quiet being forced by necessitie These resolutions beeing setled it was resolued that the 24. of the moneth there should bee a generall Congregation to receiue and heare the Saxon Ambassadours that the 25. day the Session should bee
whose opinion he followed because the Emperour had giuen him charge to consult with those two Cardinals in all matters After the ceremonie was ended in the Consistery with satisfaction of the Pope the Ambassadour begin to pray him in the first priuate audience in Caesars name to call the Councel to compose the dissensions of Germany was preuented by him with the Ambassadors great contentment who beleeuing that hee was to treat with the Pope about an And is well pleased that his Holinesse beginneth to speake of the Councell vnpleasing businesse was prepared to deliuer in sugered termes that it might be heard more willingly The Pope told him that the Cardinals being in the Conclaue consulted how they might set the Councell on foote againe in which consultation himselfe was a very principal partie and now being Pope was more confirmed in the same determination Yet he would not proceede blindely but so as that he might auoyd the difficulties which happened before and would bee sure of the necessarie preparatories that the desired fruit might succeed Hee sayd the like to the Ambassadours of France and Spaine and wrote to his Nuncij to impart it to their Kings hee spake of it also with the Ambassadours of the King of Portugal and of the Princes of Italie which were in Rome The Duke of Sauoy demandeth the Popes haue to hold a Colloquie After this the Duke of Sauoy sent one expresly to desire the Pope that by his fauour he might make a colloquie of religion to instruct his people of the Vallies who were generally alienated from the old religion These were a part of the Waldenses who 400 yeeres since forsooke the Church of Rome and in regard of the persecutions fled into Polonia Germany Puglia Prouence and some of them into the Valleys of Mountsenis Luserna Angronia Perosa and S. Martin These hauing alwayes continued in their separation with certaine ministers of their owne whom they called Pastors when the doctrine of Zuinglius was planted in Geneua did presently vnite themselues with those as agreeing with them in points of doctrine principall rites and when Piemont was vnder the French-men though they were forbid vpon paine of death to exercise their religion yet by little and little they made it publique so that when Countrey was restored to the Duke of Sauoy the exercise of it was almost free The Duke resolued to make them receiue the Catholike religion so that many were burned and put to death by other meanes and more condemned to the Galleys at the instigation of the Inquifitor Thomaso Iacomello a Dominican Friar This made them consult whether it were lawfull to defend themselues with Armes wherein their ministers did not agree Some sayd they might not oppose their Prince though it were to defend their own liues but might carry away their goods and reure into the mountaines Others said they might vse force in so desperate a case as this especially it being not so much against the Prince as against the Pope who abused the autoritie of the Prince Many of them did follow the first opinion and the others stood vpon their guard so that the Duke perceiuing they had not rebellious thoughts and that they might easily be gained by instruction receiued the counsell which was giuen him to institute a Colloquie to this end But because hee would not displease the Pope by proceeding without his knowledge he gaue him an account hereof and asked his consent The Pope beeing angry that in Italy also euen vnder To instruct the people of his Valleys whom before he had perseceted his nose his authority should be questioned answered that hee would consent by no meanes but if those people had neede of instruction hee would send a Legate with authority to absolute them who would bee conuerted accompanied with Diuines who might giue them instruction But But his Holinesse refuseth to grant it hee sayd hee had little hope to conuert them because the heretikes are obstinate and whatsoeuer is done to exhort them to acknowledge their fault they expound to bee a want of force to compell them That it cannot bee remembred that any good was euer done by this moderation but that experience is taught that the sooner iustice is vsed and force of Armes when that other is not sufficient so much the better the successe is If hee would proceed thus hee would send him assistance but if he thought it not fit all might bee deferred vntill a generall Councell which he would suddenly call And therefore the Duke taketh Armes against them The Duke did not like the sending of a Legat because it would haue prouoked them more and forced him to proceed according to the interests of others thinking it better to take Armes which the Pope commended more and promised assistance Therefore there was warre in these Valleys all this yeere and part of the next whereof we will speake in the time when it ended There was a great conspiracie in many parts of France into which many A great conspiracie in France the causes of it were entred and the maior part for cause of Religion disdaining to see poore people drawen euery day to the stake to bee burned guilty of nothing but of zeale to worship GOD and to saue their owne soules To these were ioyned others who thinking the Guisards to be the cause of all the disorders of the Kingdome iudged it an heroike acte to deliuer it from oppression by taking the publike administration out of their hands There were also ambitious persons desirous of change who could not worke their will but in the middest of troubles Both these couered themselues with the cloake of Religion to gaine more followers and the better to confirme their mindes caused the Principall Lawyers of Germany and France and the most famous Protestant Diuines to publish in writing that without violating the Maiestie of the King and dignity of the lawfull Magistrate they might oppose with Armes the violent domination of the house of Guise who offended true Religion and lawfull iustice and kept the King as it were in prison The Conspirators prepared a great multitude who should appeare before the King without Armes to demand that the seuerity of the iudgements might be mitigated and liberty of conscience granted designing they should bee followed by Gentlemen who should make supplication against the gouernement of the Guisards The conspiracie was discouered and the Court retired from Blois an open place fit for the execution of such a purpose vnto The Conspirations are discouered and many of them executed and the rest pardoned Amboise a strong fortresse This troubled the Conspiratours who while they were thinking of a new course some of them who tooke Armes were beaten and slaine and others taken and sentenced to die and to appease the tumult pardon was granted by the Kings Edict dated the eighteenth of March to all who simply moued with zeale of Religion had entred into the
voyce deliuered in the Congregations and of all the voyces of others which were any way remarkeable Of this number 34. came into my hands in that forme as they were deliuered and of the others I haue vnderstood the conclusion onely but here nothing is to be related but that which is of note The Patriarke of Ierusalem said That this Article had been handled and The Suffrage of the Patriarke of Ierusalem concerning Residence discussed in the first Councell and concluded that to cause residence there are two prouisions One to constitute punishments for those who doe not reside another to remooue the impediments which doe hinder residencie The first was fully ordered in the sixt Session neither can any thing bee added in regard the losse of halfe the reuenues is a very great pecuniary punishment then which a greater cannot be imposed without making the Bishops beggars If the contumacie bee excessiue there can bee no greater punishment except depriuation which requiring one to execute it which must needs be the Pope in regard the ancient vse of the Church was to reserue to that Sea the hearing and determining of the causes of Bishops that sixt Session referred it to his Holinesse to finde a remedie either by meanes of a new prouision or otherwise and bound the Metropolitane to aduise him of the absence For the second they beganne to make prouision and in that and other Sessions many Decrees were made to take away many exemptions which hindered the Bishops to exercise their charge Therefore it now remaineth onely to continue and to remooue the residue of the impediments electing a certaine number of Fathers as then was done to make collection of them that they may bee proposed and prouided for The Archbishop of Granata added that a more potent and effectuall remedie The suffrage of the Arch-bishop of Granada was proposed in that Councell that is that the obligation of Residence was by the Law of God which was handled and examined tenne moneths together and that if that Councell had not been interrupted it would haue beene decided as a necessary yea as a principall article of the doctrine of the Church and was then not onely discussed but the reasons vsed by diuers were put in print also so that the matter is prepared and digested and nothing now remaineth but to giue it perfection When it shall be determined that residencie is de iure Diuino all hinderances will cease of themselues the Bishops vnderstanding their duety wil thinke on their owne conscience they will not be reputed hirelings but Pastors who knowing that the flocke is giuen to them by God to whom they must make an account without laying the fault on others and being assured that dispensations wil neither saue nor helpe them they will apply themselues to performe their duety And he proceeded to proue with many authorities of the New and Old Testament Is approved by the maior part and exposition of the Fathers that this was the Catholike truth This opinion was approoued by the maior part of the Congregation the maintainers whereof laboured to bring authorities and reasons Others did reiect it and said it was new neuer defended neither by antiquity And reiected by others nor by this age before Cardinall Caietan who set the question on foote and maintained that part which notwithstanding hee did abandon in his old age because hee tooke a Bishopricke and did neuer reside that the Church hath euer held that the Pope might dispense that Non-residents haue alwayes beene punished and reprehended as transgressors of the Canons onely and not of the Law of God that indeede it was disputed in the first Councell but the disputation was held to be so dangerous by the Legats men of great wisedome that they did cunningly cause it to bee buried in silence that this example ought to be followed and that the bookes which haue beene written since haue giuen great scandall to the world and made knowen that the disputation proceeded from partiality For the authorities of the Scripture and Fathers they are onely exhortations to perfection neither is there any substantiall proofe but out of the Canons which are Ecclesiasticall lawes Some held opinion that there was neither place nor time nor opportunity to handle that question that no good could come by the determination of it but danger of many inconueniences that the Councell was assembled to extirpate heresies not to make Schisme among the Catholiques which would happen by condemning an opinion followed if not by the greater part yet by one halfe at the least that the authours of that opinion haue not inuented it for trueths sake but the more to vrge men to reside with small ground of reason in regard that the Lawes of GOD are not more diligently obserued then the Lawes of the Church that the precept for keeping of Lent is more strictly obserued then those of the Decalogue that if to confesse and communicate at Easter were commanded by GOD The lawes of the Pope are more strictly obserued then the lawes of God more would not doe it then now doe that to say Masse with Copes is an Ecclesiasticall law and yet no man doth transgresse it hee that doth not obey the penall commands of the Canons will transgresse much more when hee feareth onely the iustice of GOD neither will any Bishop be mooued with that determination but it will giue occasion to plot rebellions against the Apostolique Sea to restraine the Popes authority and as some haue been heard to whisper to depresse the Court of Rome that that was the ornament of the Clergie which is respected in other places onely in regard of it that if it should be depressed the Church would euery where be lesse esteemed and therefore that it was not fit to handle such a businesse without imparting it to his Holinesse and Colledge of Cardinals to whom it doeth principally belong The opinion of Paulus Iouius Bishop of Nocera is not to be omitted who The Suffrage of Paulus Iouius Bishop of Nocera said in substance That certainly the Councel was assembled to cure a great wound which is the deformation of the Church the cause whereof as all are perswaded is the absence of the Prelats from their Churches which beeing affirmed by all is perhaps not sufficiently considered by any But it is not the part of a wise Physician to take away the cause before hee be well assured that the remoouing of it will not cause greater diseases If the absence of Prelats hath beene the cause of the corruptions there will bee lesse deformation in those Churches where they haue resided The Popes for these hundred yeeres haue continually sate in Rome and vsed all diligence to instruct the people yet we doe not see that that citie is better gouerned then others The great capitall Cities of Kingdomes are most out of order where the Prelats haue alwayes resided on the contrary some poore cities which haue not
onely giue his voice with modestie and serue the Legats out of his loue in any honest worke as farre as he was able And Madruccio did not forbeare to say that there was a secret Councell within the Councell which did arrogate more authoritie A Councell within the Councell The Legates perceiuing that euery thing turned against them caused the Congregations to be omitted Neither was this sufficient For the Prelats Practises to dissolue the Councell made priuate congregations amongst themselues and the Legats continuall consultations The Arch-bishop of Otranto and others who aimed at the Cardinalitie of which they thought themselues assured if the Councell were separated agreed together to oppose euery thing to make some tumult arise and went passionately about euen in the night also making practises and causing men to set their hand to papers Which though in effect it pleased the Legats yet for the manner it displeased the most of them as beeing of bad example which might giue scandall And on the contrary side there wanted not those who desired a dissolution But each partie expected an occasion that the cause of it might be attributed to the other so that the suspicions did encrease on both sides The Cardinall of Loraine complained to all that plots were laid to dissolue the Synod and especially to the Ambassadours of Princes desiring them to write to their Masters to perswade the Pope that the Councell may bee continued that the practises might bee moderated and the Fathers left to their libertie saying that otherwise a composition would bee made in France that Of which the Card of Loraine complaineth euery one might liue as hee would vntill a free Councell as this was not in which nothing could be resolued but as pleased the Legates nor by the Legates but as the Pope listed that he would be patient vntill the next Session And of the want of libertie in Councell and then if he sawe not things goe better hee would make his protestations and together with the Ambassadours and Prelates returne into France to make a Nationall Councel in which perhaps Germanie would concurre with them a thing which would be displeasing vnto himselfe in regerd of the danger that the Apostolique Sea would not bee acknowledged any more In those dayes many Curriers passed betweene Rome and Trent For the Legates As did also the French-men in Rome aduised the frequent contradictions and the Pope sollicited the proposing of the Canons which he sent And the French-men in Rome made the same complaint to the Pope which Loraine had done in Trent and vsed the same threats of a Nationall Councell and the assistance of Germanie But The Pope answereth resolutely the Pope who had been vsed to these things said hee was not daunted with words was not afraid of Nationall Synods did knowe that the French Bishops were Catholiques and that Germanie would not subiect it selfe to their Councels He said that the Councell was not onely free but might be called licentious that the practises of the Italians in Trent were not with his knowledge but did arise because the Vltramontans would tread the Popes authoritie vnder their feete that hee hath had three good occasions to dissolue the Councell but was willing it should continue hoping that GOD would not abandon his Church and that euery attempt against it would come vpon the head of the Innouators Fiue Churches departed and went to the Emperours Court in the time of these confusions to giue his Maiestie an account of the state of the Councel and of the combination of the Italian Prelates and it was discouered that Granata and his adherents had desired him to perswade the Emperour to write to the Catholique King concerning the Reformation and Residence that both in those and in other occasions they might speake freely according to their conscience all which the Legates did beleeue to proceede from Loraine And therefore for a counterpoise themselues also a few dayes after sent the Bishop Commendone to the Emperour vpon pretence to excuse and render the causes why the demands of his Maiesty could not as yet be proposed And they gaue him commission to exhort the Emperour to be content not to demand of the Councel bot of the Pope himselfe those points of his petition which concerne his authoritie as also other instructions such as seemed them good But Martinus Crame 〈…〉 Bishop of Vormis Ambassadour of the King of Polonia to the Emperour being come to Trent vpon pretence to visit the Cardinall of Varmia his ancient and in ward friend there was a great suspicion that he was sent by the Emperor to be an eye-witnes of the proceedings in Councell and to relate them to him All these things made the Legates doubt that the Councell would be dissolued in some manner dishonourable to the Pope and themselues obseruing that it was desired by many euen by some of the Papalins themselues and that disorders were purposely procured by others to iustifie themselues in case it should happen They sent vnto all the Ambassadours a writing which conteined the present difficulties and desired their counsell But the French Ambassadours answered vpon this occasion that which they desired to say many dayes before that as the Councell was assembled to remedie abuses so some were willing to make vse A free speech vsed by the French Ambassadours of it to encrease them that before any thing else were done it was fit to withstand such manifest practises that they were intolerable that if they were remoued and euery man had libertie to speake freely what hee thought a good accord would easily bee made that the Pope was Head of the Church but not aboue it that he was to gouerne and direct the other members but not to domineere ouer the body that to remedie the differences it was necessary to follow the Councell of Constance which hauing found the Church most disorderly by meanes of these opinions did reduce it into tolerable tearmes They sayd that one cause of discord was because the Secretary Seconded by the Imperialists did not set downe their voyces faithfully so that the greater part seemed in the acts to be the lesser and that could not be taken for a resolution which was concluded by the common opinion and therefore that it was fit to ioyne another with him The Imperialists said almost the same things and were more earnest for another Secretary The other Ambassadors stood vpon generall tearmes desiring a continuation of the Councell and an vnion of mindes Things standing thus Ventimiglia redispatched by the Pope returned The B of Ventimiglia returneth to Trent to Trent the nine and twentieth of Ianuary who made a relation of his credence to the Legates and by their aduice sought to remooue two opinions spread in the Councell one that the Pope could not liue long the other that hee desired a dissolution of the Councell Hee testified the desire of his Holinesse that laying aside
there be not hope that hee may bee worthy of holy orders and from the last of the minor Orders vntill the Subdeaconship there shall be the interposition of a yeere if the Bishop shall not iudge otherwise for the good of the Church The twelfth None shall be ordained Subdeacon before the age of two and twenty yeeres Deacon before three and twenty Priest before sixe and twenty Neither shall the Regulars haue any exemption herein The thirteenth Subdeacons and Deacons shall bee first proued in the minor Orders shall haue hope to liue continently shall serue the Church to which they are ascribed and shall thinke it very conuenient to receiue the Communion on Sundayes and solemne Feasts when they serue at the Altar Subdeacons shall not passe to a higher degree vntill they bee exercised one yeere in their owne but two holy degrees shall not be giuen in one day by vertue of any priuiledge whatsoeuer The fourteenth None shall be ordained a Priest but a Deacon which hath been exercised in that ministery a whole yeere at the least and found sufficient to teach the people and administer the Sacraments and the Bishop shall take care that they celebrate the Masse euery Sunday and holy day 〈◊〉 in case they haue cure of soules they shall satisfie their charge and if any be ordained to the superior Orders before the inferior the Bishop may dispense if there be a lawfull cause The fifteenth Howsoeuer Priests receiue power in their ordination to absolue from sinnes yet none shall heare confessions who haue not a Parochiall Benefice or is not approued by the Bishop The sixteenth None shall be ordained before hee bee ascribed to some particular Church or pious place to exercise the ministery of that Order and if hoc abandon the place without consent of the Bishop the ministery shall be prohibited vnto him and no strange Clerke shall bee admitted to the exercise of the Ministery without the letters of his Ordinary The seuenteenth To bring againe into vse the functions of the Orders from a Deacon to an Ostiarie which being vsed from the time of the Apostles haue been intermitted in many places that they may not be derided by the heretikes as idle these Ministeries shall not be exercised but by those who haue receiued the Orders appertaining and the Prelates shall restore those functions and in case they haue not continent Clerkes for exercise of the minor Orders they may take married men so that they haue not been twice married and be in other respects apt for that exercise The last article was for the institution of Seminaries in which it was constituted that euery Episcopall Church should haue a certaine number of boyes brought vp in a Colledge neere the Church or in another conuenient place the boyes shall bee twelue yeeres olde at the least legitimate and distributed into formes by the Bishop according to their number age and progresse in Ecclesiasticall discipline They shall weare the habit and tonsure learne Grammer Musicke Ecclesiasticall computation the holy Scripture to reade the Homilies of the Fathers know the Rites and Ceremonies of the Sacrament and especially that which belongeth to hearing confessions And to defray the charge thereof where there is any reuenue deputed for education of children it shall bee applied to this Seminarie and to supply that which remaineth the Bishop with foure of the Clergie shall detract a portion from all the Benefices of the Diocesse and apply simple Benefices also to this vse and compell those who haue Schoole-houses or other charge to reade or teach in the Schooles of the Seminarie by themselues or by sufficient substitutes and Schoolemasters places shall not bee giuen hereafter but vnto Doctors or Masters in Diuinity or in the Canon law And if in any Prouince the Churches be so poore that a Seminary cannot bee erected in them one or more shall bee appointed in the Prouince and in the Churches of the great Diocesse the Bishop shall erect one or more if hee thinke fit besides that of the Citie which notwithstanding shall depend on that of the Citie In the end the Decree intimating the next Session for the sixteenth of September was read expressing that then the Sacrament of Matrimony was to bee handled and other things pertaining to the doctrine of Faith as also the prouisions of Bishoprickes Dignities and other Benefices and diuers other articles of reformation The Session continued from nine vntill sixteene a clocke with great content of the Legates and Popish Prelates that matters did passe so quietly and with such a generall consent And they commended the Cardinall of Loraine aboue all confessing that he had beene the most principall cause of this benefit No act of this Councell was seene with more desire then this of this Session The censure of the actes of this Session euery one being curious to know what that was which held in contention so many Prelats in Trent and all the Courts of Christian Princes in businesse ten moneths together But it prooued to be according to the prouerbe The trauaile of mountaines and the natiuity of a mouse No man could finde how it could deserue not onely so great and long paines of so many great persons but euen the least employment at all And those who vnderstood Theologie did desire that it should be once declared what the Councell did vnderstand by the power of retaining sins which was made one part of the Sacerdotall power because they had declared the sence of the other which was to remit sinnes And others wondered at the declaration that the inferiour Orders are onely degrees vnto the superiour and all vnto Priest-hood in regard it doth appeare in the ancient Ecclesiasticall Storie that those who were ordained to any ministery or charge were for the most part perpetually entertained in the same and the ascending to an higher degree happened very seldome and was vsed onely in case of necessitie or great vtilitie None of the seuen Deacons instituted by the Apostles ascended any higher and in the ancient Church of Rome it selfe it doth not appeare that the Deacons whose office was to heare the confessions of Martyrs did passe to the title of Priesthood The ordination of Saint Ambrose to bee a Bishop of Saint Hierome Saint Austin and Saint Paulinus to bee Priests and of Saint Gregorie the Great to be a Deacon is described without mention of any passage by other degrees They did not blame the vse begun in later times but they marueiled that they did alleadge it as a thing alwayes vsed whereas the contrary was manifest The Decree that the ministeries of the Orders from a Deacon to an Ostiary should not bee exercised but by persons promoted to those proper Orders made a faire shew but it seemed a thing hard to bee obserued that in no Church none might ring the bels or open and shut the doores but the ordinarie Ostiaries nor light the lamps and candles but the Accolites who were to exercise
of heresie and others said it was much to bee suspected at the least and others that it was offensiue to godly eares They said hee had taken occasion to doe it in absence of the Cardinall of Loraine who would neuer haue endured those termes and that his end was to dissolue the Councell that hee did attribute to Kings more then belongeth to them that hee inferred that the Popes authority is not necessary for the vsing of Church goods that hee made the French King like to the Queene of England But nothing did so much offend as that hee said that the authority of the French Kings ouer persons and goods Ecclesiasticall was not founded vpon the Pragmatique Concordates and priuiledges giuen by Popes but vpon the law of Nature holy Scripture ancient Councels and lawes of the Christian Emperours The French Ambassadours were reprehended also because they did not follow the steps of the Emperours and Spanish Ambassadors who though they had the same interests made not such a commotion because they knew there was no reason for it De Ferrieres defended himselfe said that the Legates had promised the Cardinall of Loraine that this matter should not bee spoken of but with such moderation as that it should not touch the affaires of France which was not performed that the Kings instruction had beene imparted to the Cardinall who if he had beene present would not onely haue consented to but counselled Protestation that those were great Ignorantes who hauing seene nothing but the Decretals Lawes of foure hundred yeeres did thinke that there were 〈◊〉 Ecclesiasticall lawes before them that if any would reforme the King by the Decretals he would reforme them by the Decrees and lead them also to more ancient times not onely of Saint Austine but of the Apostles also that he did not make the French King as the Queene of England but did oppose them who haue begunne long since to enlarge their owne authority by di 〈…〉 ing the Kings that if those Articles did so much damnifie the Emperour and Catholique King as they doe France they would neuer haue beene proposed and therefore he was not to take example by those who haue not equall interests The Arch-bishop of Sant and the Abbat of Claraual were distasted most of all who went vp and downe saying that the Ambassadours had done ill to protest and that their end was to make a confusion and giue occasion for a Nationall Councel in France that they were men not well affected creatures of the King of Nauarre sent by him to the Councel for his owne deseignes had protested without the Kings commission that it was fit to make them shew their instructions to frame an Inquisition against them as not hauing a good opinion in matter of faith Where in great differences did arise between the Ambassadours and them The next day the Ambassadors gaue the King an account of the causes why they had deferred the protestation vntill then and how they were forced at that time to come vnto it adding that they would deferre the registring of it in the acts of the Councell vntill his Maiesty had seene it and commanded them what they should doe The Legats not hauing a copie of the Oration made a collection of it by the memory of those who had beeene most attentiue to send it to the Pope of which de Ferrieres hauing gotten a copie complained that many things were expressed against his intention and in particular where hee named Ecclesiasticall lawes it was repeated spirituall lawes and that Kings might take Church goods at their pleasure whereas hee had sayd onely for necessary cause By this he was forced to giue foorth his Oration and sent a copie of it to Rome to the Cardinall of Loraine excusing himselfe for not hauing vsed words of such acrimony as he was commanded in the last instructions and in the first which are reconfirmed in those adding also that he thought it necessary to obey the King and was not willing to vndergoe the reprehensions of the Counsellors of Parliament who would haue taxed him if in a Generall Councell matters of so great importance had beene determined against that which hath beene by them so exactly maintained besides the Kings authority which hee defended hauing beene vpheld foure hundred yeeres by the Kingdome of France against the war in opposition of it made by the Court of Rome it was not iust that the Fathers of the Councell the greater part of whom are Courtiers should be Iudges of the ancient differences which the kingdome hath with that Court He gaue a copie of the oration to the Ambassadors also and to as many as did desire it and some saide that he had pronounced it otherwise then it was written Whereunto hee replyed that that could not bee said by any that had any meane vnderstanding of the Latine and that howsoeuer it was the same pronounced and written yet if they thought otherwise they must remember that the stile of the Synod was neuer to iudge of things as they were deliuered in voyce but as they were exhibited in writing and therefore they should moue no controuersie herein or if they would himselfe was to bee beleeued before any other The oration being published it was answered in the name of the Synod And answered by a namelesse man Hee said that the French Ambassadours had reason to compare themselues to the Ambassadours of the Iewes because they had both made an vniust complaint against GOD and that the same answere might be giuen them which the Prophet gaue to that people in the name of GOD that if they had fasted and lamented so many yeeres or ate and drunke all was for their owne interests that the Kings of France were cause of all the abuses of that Kingdome by naming to Bishoprickes vnlearned persons ignorant in Ecclesiasticall discipline and more inclined to a lasciuious then to a religious life that the French-men would not haue a resolution in the controuersies of faith that Christian doctrine might allwayes be vncertaine and place might be giuen to new masters who might rub the itching eares of that vnquiet Nation that they spared not to say in those turbulent times that it belonged to the King though very yong as yet to dispose of all the gouerment of the Church that they had sayd with asseueration that beneficed men had onely the vse of the reuenues whereas in France time out of mind they haue carried themselues for Vsufructuaries making Testaments and receiuing inheritances from their kinsfolke who die intestate that to say the poore are owners of the reuenues was much contrary to another saying in the same oration that the King is Patron of all Ecclesiastical goods and might dispose of them at his pleasure that it was a great absurdity to say that the King might not bee reprehended by a generall Councell seeing that Dauid was reprehended by the Prophet Nathan and tooke it in good part that it did
so that a meanes were found to satisfie the Fathers Newes being come to Rome of the French protestation the Pope and the whole Court were wonderfully moued thinking it was purposely done to dissolue the Councel and imputed it vnto them But the Pope complained aboue all that while the King did demaund a fauour and a grant of a hundred thousand crownes of the reuenues of the Clergie of France his Ambassadours should say in the face of the whole Councell that hee might take them without him And the Cardinall of Loraine was troubled more because he thought it would be a great crosse to his negotiation with his Holinesse He laboured to make it appeare that this did happen against his will and that he would haue diuerted it if he had been in Trent that that instruction was a remnant of the Councels taken in the life time of the King of Nauar and the execution procured by the dependants of that faction of which de Ferrieres was one that that faction though it professed the Catholique religion outwardly did hold strict intelligence with the Hugonots who desired a dissolution of the Councell without a quiet end that they might not be anathematised But he said that those who gouerne the affaires in Trent were not without blame in regard that before his departure from that Citie the things concerning that matter stood in good tearmes the Legates hauing promised morethings with which the Ambassadours were contented One that they would not speake of Kings and Soueraigne Princes but onely of certaine little Lords who grant to Bishops no exercise of Ecclesiasticall iurisdiction the other that all things depending on graces done by the Pope should bee excepted as indulgences priuiledges and graunts of the holy Sea notwithstanding since his departure they had giuen to the Fathers the first forme with the same things in it which they had promised to take away But he assured his Holinesse that notwithstanding this the Councel should haue a quiet end and promised to write to the King and complaine of that which was done and to vse meanes that the Ambassadours should returne to Trent which he hoped to obtaine According to this promise he wrote into France and to the Ambassadours These he told that their action had this excuse that it was done but that hereafter they should continue in doing their duty without making any more innouations He wrote to the King that the opposition made by the Ambassadours seemed vnto him very strange and the rather because they had done it without his priuitie and that there was neither reason nor occasion for it that his absence from Trent was the cause why the Ambassadours had applied out of season a sharpe plaster to a small sore that at his returne he would make prouision therein with great case But because things done alreadie could not bevndone he praied his Maiestie to write to the Ambassadours to continue in doing their dutie and to abstaine from violent courses He added that he found the Pope well inclined and disposed to an holy and serious reformation of the Church that Christendome was happy in hauing so worthy a Pastor that hee sent him backe to Trent so well instructed of all his holy intentions for the ending and conclusion of the Councel that he might hope for an happy successe And because in the end of the Councel the decrees must bee subscribed by the Fathers and Ambassadours who haue assisted in the name of their Princes he desired the King to cause his Ambassadours to returne that they may bee present and accomplish that which is the complement of the protection and of all the fauours done to the Councel by his Maiestie by his Brother Father and Grand-father The Cardinall had much adoe to defend himselfe not onely with the Pope but with the Colledge of Cardinals also in Consistory who said that Princes desired the liberty of the Councell yet not in the least and iustest thing that concerne them but onely for the destruction of the Ecclesiastiques The Pope gaue order that better consideration should be had of that which was to bee written to Trent about that reformation saying hee did it not to meddle in the affaires of the Councel because hee meant to let the Fathers alone but onely to instruct the Legates by way of counsell But in the meane while hee wrote to the Legates that if the French-men would depart they should doe it but that they should not giue them occasion but should bee very carefull to hold the Session at the time appointed when Loraine should be returned and to finish the Counsel with one Session more holding it within two or three weekes at the most and that they should conceale this order imparting it to none but to Loraine And if the Emperours Ambassadours should mooue them they should answere that at the arriuall of that Cardinall they would resolue what to doe And he encōuraged them saying that hee had brought Germany and France to his purpose and that nothing remained but Spaine which answered that it was not good to finish the Councell because many things and the most principall did remaine to be handled Notwithstanding he had hope he said to reduce it and to conclude the Synode with a generall satisfaction And indeed hee was secure of France and Germanie For besides his treatie with Loraine who did abundantly secure him of France hee receiued at the same time a resolution from the Emperour that he was content with the end and would promote it And howsoeuer his Nuncio aduised that his Maiestie was doubtfull in resoluing and that there was danger he would change yet vnderstanding that the King of the Romanes was author of the resolution saying that it was good to finish it because it did no good nor gaue any hope that it would doe he was assured that that King mooued by himselfe and by good reason would perseuere in his purpose and by consequence keepe his father in that opinion But the French Ambassadours after the Oration did no more appeare publiquely in Trent They let those few Prelats remaining know that the Kings pleasure was that they should oppose the fift Article and the second because the persons and causes of France might by vertue of those two bee drawen to letigate out of the Kingdome and the ninteenth because by it the preuentions were canonized and the Parlaments depriued of their prerogatiues in matter of benefices The Legates so soone as the Fathers had made an end of speaking of the 21. Article proposed vnto them the others also wherein all the Ambassadours opposed in regard of the matter concerning Princes The Fathers complained that being to reforme as alwaies hath been said all the Church in the Head and in the members in the end the Princes would haue no reformation but for the Clergie onely which could not bee reformed neither if the Prelates were hindered in performing their charges and the Ecclesiasticall liberty not preserued Notwithstanding
Kings Chaplaines according to the constitutions of Innocentius the 3. And exemptions granted to the seruants of Cardinals shall not be extended to that which concerneth benefices 12. That no person vnder the age of twenty fiue yeeres shall be promoted to dignities with cure and the Arch-deacons if it may be shall be Masters in Theologie or Doctors or Licentiate in the Canon Law And none vnder the age of two and twenty yeeres shall be promoted to any dignitie without cure Those that are promoted to Benefices with Cure shall bee bound to make profession of their faith with in two moneths and Canons shall doe the same And none shall be receiued to any dignitie Canonry or portion except he shall haue that order which it doth require and that age which is necessary for the receiuing of it That in Cathedrall Churches all the Canons and Portionaries shall be Priests Deacons or Subdeacons and the Bishop with the Chapter shall distribute how many shall bee of euery order but so as that one halfe at the least shall bee Priests The Synod doth exhort also that all the dignities and halfe the Canonries in the Cathedrall and famous Collegiat Churches may bee conferred vpon Doctors in Diuinitie or in the Canon Law and that none may bee absent more then three moneths in the yeere That the daily distributions may not be giuen vpon any pretence whatsoeuer to any that hath not beene present in the offices and that euery one shall performe his office in his owne person not by substitutes 13. There being many poore Cathedrall Churches a remedy shall bee consulted on in the Prouinciall Councell and the Pope desired to make prouision according to his wisedome The Bishop also shall haue care to prouide for poore Parish Churches either by vnion of some Benefice not regular or by assignation of first fruits or tithes or by contributions and collections of the Parishioners Parish Churches shall not be vnited to Monasteries Canonries simple benefices and religious orders of Souldiers and those that are vnited shall bee reviewed by the Ordinaries and the Cathedrall Churches not exceeding a thousand crownes and the Parish Churches not exceeding an hundred crownes shall not be hereafter burthened with pensions or reseruations of fruits Where the Parishes haue no certaine confines but the Sacraments are administred indifferently to those that doe demaund them the Bishop shall confine them and they shall haue their proper Parish 〈…〉 est And in Cities which haue no Parishes they shall bee erected as fast as may bee 14. The Synod doth detest and forbid all institutions or customes of paying any thing for the obtaining of titles or possessions except it be conuerted into pious vses declaring them to be simoniacall who shall vsurpe herein 15. In Cathedrall and Collegiate Churches where the Prebends and distributions are too smal the Bishop shal haue power to vnite simple Benefices or to reduce them to a smaller number 16. The Episcopall Sea being voyd the Chapter shall elect one or two Economickes or a Vicar within eight dayes or if not this authoritie shall be deuolued to the Metropolitane And the Bishop when he shall bee created shall take of them an account of the administration and punish them if they haue offended 17. That no Ecclesiasticall person though a Cardinall shall haue more then one Benefice which not being able to maintaine him honestly another simple Benefice may bee added so that they doe not both require personall residence which shall be vnderstood of all Benefices as well secular as regular of what title or qualitie soeuer though commended And hee that hath now more Benefices then one shall bee bound to leaue all but one within sixe moneths or if not they shall be all voyd Notwithstanding the Synod doeth desire that some prouision should bee made for those that resigne in some conuenient manner as shall seeme best to the Pope 18. In case of vacancie of any Church in any manner whatsoeuer all shall be written downe that are proposed or doe propose themselues and shall bee all examined by the Bishop with three examiners at the least and amongst all those which shall bee iudged fit the Bishop shall elect the most sufficient vpon whom the collation of the Church shall be made and in Ecclesiasticall patronages the Patron shall present to the Bishop him that is most worthy But in Lacke patronages he that is presented by the Patrons shall be examined by the examiners and not admitted except he be found to be fit And 〈◊〉 Examiners shall bee proposed euery yeere in the Diocesan Synod of which the Bishop shall elect three who shall bee Masters or Doctours Secularor Regular shall sweare to performe their duety and shall not receiue anything either before or after the examination That expectatiue graces for Benefices shall not bee granted hereafter nor any other extending to Benefices that shall bee vacant and withall the mentall reseruations shall be prohibited 19. That causes Ecclesiasticall euen beneficiall also shall bee iudged by the Ordinarie in the first instance and ended within two yeeres at the most That there shall be no appeale but from the definitiue sentence or from that which shall haue the force thereof except in those which the Pope shall thinke fit to call to himselfe for an vrgent and reasonable occasio 〈…〉 That matrimoniall and criminall causes shall bee reserued to the Bishop onely That in matrimoniall those that are prooued to be poore shall not bee forced to litigate out of the Prouince neither in the second or third instance except the aduerse part will allow food and charges of the suit That the Legats Nuncij and Ecclesiasticall gouernours shall not hinder Bishops in their causes nor proceed against Ecclesiasticall persons but in case of the Bishops negligence That the Appellant shall be bound to bring at his charge the actes made before the Bishop to the Iudge of the appeale which the Notarie being conueniently payed shall be bound to giue within one moneth at the farthest 20. That in the words of the decree made in the first Session vnder the present Pope Pius the fourth that is Proponentibus Legatis the meaning of the Synod was not to change in any part the vsuall manner of handling matters in generall Councels nor to adde or detract any thing besides that which hath beene constituted heretofore by the sacred Canons and by the generall Synods In the end the next Session was intimated for the ninth of December with power of anticipation to handle the sixt Article and the other which were proposed and deferred and other points also as opportunitie should serue and as they should be proposed in Congregation There was not such expectation of the issue of this Session as of the last as well because the generall curiositie was then satisfied as because it did seeme that the matter of Matrimonie could not affoord any thing of any great obseruation The world was more attentiue to see what issue the
Some defended the words of the Decree that they were dispencers alleadging the place in the Gospell of the faithfull seruant and the Doctrine of all the holy Fathers But the precipitation to finish the Councell caused those words that is of which they are appointed faithfull dispencers for the poore to be omitted as also other difficulties to be passed ouer in silence In the Article of Patronages the Ambassadours of Sauoy and Florence made request that those of the Princes might bee accepted also or that all might be comprehended but those of the Emperour and Kings Satisfaction was giuen them by accepting besides the Emperour Kings or Possessors of Kingdomes other great and supreame Princes who haue soueraignety in A dispute whether the Decrees made vnder Paul Iulius should be read their dominions Afterwards a proposition was made for the reading in Session of all the Decrees made vnder Paul and Iulius to bee approoued which Modena opposed saying that it would bee a derogation to the authoritie of the Councell of those times if it should seeme that the things then done had need of a new confirmation of the Fathers and would shew that this and that was not all one because none can confirme his owne things Others sayd it was necessarie to doe it for that cause that authoritie might not bee taken from them saying that they were not of the same Councell And the same French-men who before did so earnestly desire that it might be declared that the Councell was new and not continuated with that vnder Paul and Iulius did now labour more then others that all cause of doubting might be taken away that all the acts from the yere 1545. vntill the ende were not of the same Synode Thus it happeneth as in humane affaires so in religion also that one credulity is changed with his interests Therefore now all aiming at one marke it was determined simply to read them and say no more For so the vnitie of the Councell was most plainely declared and all difficulty remooued which the word confirmation might bring leauing euery one to thinke what he listed whether the reading of them did cousequently import a confirmation or a declaration of their validity or an inference that it was one Synode which made them with that which read them Finally a proposition was made to anticipate the Session and to celebrate The Session is anticipated it the next day and if all the actions could not then be dispatched to continue it the day following and to dismisse the Fathers and subscribe all the acts of the Councell on Sunday The Spanish Bishops opposed this saying that there was no necessity to abbreuiate the time Notwithstanding Card. Morone sayd that the Session should bee held And Loraine and the Emperors Ambassadors renewed their perswasions to the Count of Luna that he would yeeld to that which is so vniformely resolued Who in the end after many things spoken and replyed was content vpon two conditions one that a decree might be made that the Pope should make prouision for all things that remaine another that in the handling of Indulgences it should not bee said that they ought to bee giuen graâ—ts nor any other thing that might preiudice the Crusadoes of paine That day therefore being come which was Friday the third of December they wentto the Church with the vsuall Ceremonies and the Masse was said in which Ierolamus Ragazzone Bishop of Nazianzo made the Sermon And held the 3. December Hee summoned all the world to admire that most happie day in which the The Sermon temple of God was restored and the ship brought into the hauen after so many tempests and stormes and that the ioy had beene greater if the Protestants would haue had their part in it which was not the Fathers fault He said they had chosen that citie for the councell scituated in the mouth of Germanie euen at the threshold of their houses without any gard not to giue suspition of want of libertie that the Protestants had beene inuited by a Safe-conduct expected and prayed that for the safetie of their soules the Catholike faith was expounded and the Ecclesiasticall discipline restored He shewed the abuses taken away in holy Rites He said that if there had beene no other cause to call a Councell it had beene necessary to doe it for the prohibition of Clandestine mariages And passing to the things constituted for reformation he shewed from step to step the publike seruice the Church would receiue by those decrees Hee added that the explication of faith with the reformation of manners had beene handled in former Councels but not more diligently in any that the arguments and reasons of the heretikes had been often handled and discussed and many times with great contention not because there was any discord amongst the Fathers which cannot bee amongst those who are of the same opinion but to proceed with sinceritie and so to cleere the trueth as that more could not haue beene done if the heretikes had beene present He exhorted all that being returned to their Diocesses they would put the Decrees in execution as also to thanke God first and then the Pope shewing what hee hath done to fauour the Councell sending Nuncij into the Protestant Countries Legates to Trent exciting Princes to send Ambassadours sparing no cost to maintaine the Councell in libertie He commended the Legates as being good guides and moderators and in particular Cardinall Morone and concluded with the commendation of the Fathers After the ceremonies were ended the Decrees were read In the doctrine The Decrees of Purgatorie it was said that the Catholike Church hath taught out Of Purgatory of the Scripture traditions and in this same Synode that there is Purgatorie and that the soules detained in it are assisted by the suffrages of the faithfull and the sacrifice of the Masse Therefore it doth command Bishops to teach sound doctrine in this matter and cause it to bee preached without handling subtile questions before the ignorant people not suffering vncertaine and vnlikely things to be published prohibiting curiosities superstition and vnhonest gaine procuring that those suffrages bee fully executed which are vsually made for the dead by the liuing as also that the things ordained in last wils or in any other manner be fully performed In matter of the Saints it doth command Bishops and all others who haue Of Saints the charge of teaching that they instruct the people concerning the intercession and inuocation of them honour of relikes lawfull vse of Images according to the ancient doctrine of the Church consent of Fathers and Decrees of Councels teaching that the Saints doe pray for men that it is profitable to inuocate them and to haue recourse to their prayers and assistance Afterwards all in one periode it doeth condemne seuen asseâ—tions in this matter That the Saints of Heauen ought not to bee inuocated That they doe not pray for men That it
will not endure a reformation This was opposed by almost all the officers of the Court representing their losses and preiudices and shewing how all would redound to the offence of his Holinesse and of the Apostolike Sea and diminution of his reuenues Onely Hugo Buoncompagno Bishop of Bestice who was Cardinall afterwards a man much conuersant in Court affaires said hee could not choose but wonder at this great feare which he saw did arise without reason that by confirmation of the Councel more authority was not giuen it then other generall Councels had or then was giuen to the Decree or Decretals by the great number of which and by their plaine speaking against the present manners many more preiudices and offences might arise then could do by these few decrees of Trent much reserued in the former words that no law doth consist in the tearmes but in the meaning not in that which the vulgar and Grammarians doe giue it but which vse and authority doth confirme that Lawes haue no power but what is giuen them by him that gouerneth and hath the care to execute them that hee by his exposition may giue them a more ample or a more strict sence yea and contrary to that which the words doe import and that it would bee no more to restraine or moderate the Decrees of Trent now then to suffer them to bee restrained by vse or by exposition in times conuenient Hee concluded that hee saw no cause why there should bee any difficultie about the confirmation But hee put them in minde to withstand presently the inconueniences which might arise by the temeritie of the Doctours who the more ignorant they are of gouernment and publike affaires the more they take vpon them to giue interpretation to Lawes which doth confound authoritie that experience sheweth that Lawes doe no hurt nor cause any suit but by the diuers senses giuen vnto them that by the constitution of Nicolas the third vpon the rule of Saint Francis a matter full of ambiguities in it selfe neuer any disorder did arise because hee forbade all Glossators and Commentators to expound it that if such prouision bee made for the Decrees of Trent and all men forbid to write vpon them a great part of that which is feared will bee withstood But if his Holinesse will forbid all interpretations euen to the Iudges also and ordaine that in all doubts they shall come for exposition to the Apostolique Sea no man will bee able to make vse of the Councell in preiudice of the Court which by vse and by interpretations may bee accommodated to that which will bee for the benefit of the Church And as there is a Congregation which with great fruit doth take care of the Inquisition so his Holinesse may appoint another for this particular of expounding the Councell to whom all doubts shall bee referred from all parts of the world This being done hee said hee foresaw that by the Decrees of the Councell the authoritie of the apostolike Sea the rights and prerogatiues of the Church of Rome will not onely not be diminished but increased and inlarged much in case they know how to make vse of these meanes Those that heard him were mooued by these reasons and the Pope saw it was necessarie to come to the absolute confirmation without any modification and being perswaded that it would fall out as the Bishop All glosses or interpretatiōs are forbid to be made vpon the Decrees of the Councell had said he was peremptorie not to hearken to any thing that could be spoken against it but full of hope to collect much fruit by the paines taken for finishing the Councell hee resolued to confirme it to reserue the interpretation to himselfe and to institute a Congregation as the Bishop had counselled and hauing imparted this to the Cardinals apart hee determined to effect it Therefore the sixe and twentieth of Ianuary Morone and Simoneta hauing related in Consistorie the tenor of the Decree made in the last Session that the confirmation should be desired by them they demanded that his Holinesse would vouchsafe to confirme all that which hath beene decreed and defined in that Councell vnder Paul Iulius and his Holinesse The Pope first causing the Decree to bee read asked the opinions of all the Cardinals They were all for the confirmation vniformely except the Cardinals Saint Clement and Alexandrinus who said that too much authoritie had been giuen to Bishops in that Councell and that it was necessary to moderate it and then to make an exception of those points that did inlarge it too much which were noted already In the end the Pope concluded that it was good to confirme all without exception and so hee did in words in the consistorie confirming them and commanding that they should be receiued and inuiolably obserued by all the faithfull and the same day he published a Bull subscribed by all the Cardinals in which hauing related the causes of calling the Councell the progresse the impediments and difficulties which happened from time to time and his diligence in fauouring the libertie thereof graunting them free power ouer the things reserued to the Apostolike Sea hee thanked God that it was ended with an intire consent Therefore being desired in the name of the Synod for confirmation knowing the Decrees to be all Catholike and profitable for Christians hee hath confirmed them in Consistory and doth confirme them by that writing commanding all Prelats to cause them to bee obserued and exhorting the Emperour Kings Republiques and Princes to assist for the obseruation of them also to fauour the Prelates not to permit their people but rather to prohibite them by all meanes to imbrace opinions contrary to the doctrine of that Councell and to auoidconfusion for bad all sorts of persons as well Clerkes as Laiques to make any Commentaries Glosses Annotations or any interpretation whatsoeuer vpon them or to make any kinde of Statute though vnder pretence of great strength or better execution of the Decrees but that if any obscure place wanted interpretation or decision they should haue recourse to the Apostolike Sea because hee did reserue vnto himselfe power to declare the difficulties or controuersies as also the Synod had alreadie decreed This Consistoriall Act of confirmation and the Bull were printed together with the decrees which gaue matter of speech it appearing by the tenor of them that the Decrees had not vigor as constituted by the Councell but as confirmed by the Pope Whereupon it was said that one had The Decrees of the Councel haue power from the Popes confirmation heard the cause and another had giuen the sentence Neither could it bee said that the Pope had seene the Decrces before he confirmed them because it did appeare by the consistoriall Act that hee had onely seene the Decree for desiring the confirmation They said also that the Decrees made vnder Paul and Iulius were read in Trent and that it was fit they should bee