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
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
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
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
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
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
confirmed by those that heard them rather then by him that did not know them But others answered that there was no neede the Pope should then see them because nothing was done in Trent which was not first resolued by him In many consistories following the Pope spake for the obseruation of the Decrees of the Councell saying he would obserue them himselfe though hee was not bound and gaue his word that hee would neuer derogate from them but for euident and vrgent causes and with consent of the Cardinals He charged Morone and Simoneta to bee diligent in aduertising him if any contrary thing were proposed or handled in consistorie which was but a small remedie against the transgressions because not an hundreth part of the grants made in Rome are dispatched in consistorie He sent the Bishops to their residence and resolued to make vse of the Protonotaries and Referendaries in gouerning the citie of Rome and the Ecclesiasticall state But howsoeuer he was freed from great trouble by the conclusion of the Councell yet there were some remainders of it in all kingdomes which brought new difficulties vpon him Aduice came out of Spaine that the King was offended with the ending of And are executed in Spaine by the Kings authority onely the Councell and determined to call the Bishops and agents for the Clergie of Spaine before him to set downe in what manner it might bee executed And the aduice was not false For not only all that was done in Spaine for receiuing and executing the Decrees of the Councell that yeere partly in the Spring and partly in the Autumne was by order and resolution taken in the Kings Councell but the King sent also his Presidents to the Synods which were held causing to bee proposed that which pleased him and was fit for his seruice to the great distast of the Pope who was angry the King should take so much vpon him in matters Ecclesiasticall But hee made no demonstration Which maketh the Pope angry heereof to his Ministers purposing to make vse of it in another opportunitie designed by himselfe which shall bee related in due place The President de Ferrieres hauing while hee remained in Venice made obseruations vpon the Decrees of the two last Sessions held after his departure from Trent and sent them to the Court the Cardinall of Loraine at his The Card of Lorain is taxeâ— in France at his returne returne into France had many assaults and reprehensions for consenting to things preiudiciall to the Kingdome They said that by the words of the first Article of reformation in the last Session where it is said that the Pope hath charge of the vniuersall Church in Latin Sollicitudinem Ecclesiae Vniuersae hee had yeelded the point which himselfe and all the French Bishops had so long contended for and obtained that preiudice might not bee done to the opinion of France of the superioritie of the Councell aboue the Pope that hee might haue remedied this with one little word by making them say as S. Paul had done care of all the Churches because no man would haue denied that kind of speech which S. Paul did vse that preiudice was likewise done to the same opinion of the superioritie of the Councell in the one and twentieth Article of the last session sauing in all the Decrees the authoritie of the Apostolique Sea and in the last Decree for demanding the Popes confirmation It was opposed also that the King and French Church hauing contested that the Councell might bee declared to bee new and not the old continued the continuation was declared that it was one Councell with that of Paul and Iulius in the said one and twentieth Article and in the Decree for reading the things constituted vnder those Popes by which all was basely yeelded which had beene two yeeres maintained by the King They sayd moreouer that the approbation of the things done vnder Iulius was dishonourable and preiudiciall to the protestation then made by King Henry the second But they reprehended aboue all that honourable mention hauing beene alwayes made vnder Paul and Iulius of King Francis the first and King Henry the second together with Charles the fifth the Cardinall had not caused a memorie to bee made of them in the acclamations when it was made of Charles nor the present King to bee named when the liuing Emperour was The Cardinall excused other things saying that with sixe Prelates for hee had no more in his company hee was not able to resist the consent of more then two hundred But this last opposition hee knew not how to excuse though hee sayd it was to preserue the peace of the two Kingdomes For it was replied that he might haue suffered others to make the inâ—onation and not to haue been the authour himselfe of that preiudice And so it is seene that vaine men often times thinking to gaine reputation by retaile doe lose it in grosse But the Counsellers of the Parliament found many other things to oppose The censure of the Parliament of Paris vpon the last Session against the Articles of Reformation published in those two Sessions where the Ecclesiasticall authority they said was inlarged beyond its bounds with the wrong and diminution of the temporall by giuing power to Bishops to proceede to pecuniary mulcts and imprisonment against the Laitie whereas no authority was giuen by CHRIST to his Ministers but meere and pure Spirituall that when the Clergâ—e was made a member and part of the policie the Princes did by fauour allow the Bishops to punish inferiour Clergie-men with temporall punishments that discipline might bee obserued amongst them but to vse such kinde of punishments against the Laiques they had neither from the Law of God nor of man but by vsurpation onely that in the matter of Duell they pretend to proceede against the Emperour Kings and other Souâ—reignes who graunt it in their Kingdomes euen by excommunication whereas their opinion was that to permit Duell in some cases was not amiffe as the permitting of fornication and other offences howbeit they are sinnes was not ill in regard of publique vtilitie and to auoyd greater inconueniences They said that this power beeing naturall and giuen to the Princes by God could not bee taken away or restrained by any power of man They thought it also intolerable to excommunicate Kings and Princes holding it for a sure maxime in France that the King cannot bee excommunicated nor his officers for execution of their offices They added that to depriue Princes of their States Lords of their Fees and to confiscate the goods of priuate men were all vsurpations of the temporall authoritie because that which was giuen by CHRIST to the Church doeth not extend it selfe to things of this nature Concerning Patronages they said great wrong was done to the Seculars in disabling their proofes and that the whole Article was grounded vpon a false maxime that all benefices are free if the Patronage bee not