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
it for themselues but in the Article of concupiscence it spake iust as the Lutherans did as also of iustification placing it in the beliefe of the promises and attributing too much yea all to faith In the Article of good workes nothing was said of the merit of condignitie which is the principall point in that matter In the Article of the Church that it hath not deriued vnity from the visible Head which is essentiall and which is worse hath made a Church inuisible by charitie and then made the same visible That it is a secret Artifice to destroy the Hierarchie and establish the Lutheran opinion That to haue made notes of the Church soundnesse of doctrine and the lawfull vse of the Sacraments hath giuen a way to all sects to hold obstinately themselues to bee the Church concealing the true marke which is the obedience to the Pope of Rome That the saying that the Pope was appointed for remedie of Schisme and Bishops by the Law of God was not to be endured That the Sacrament of Penance was made most Lutheran-like in that it was sayd that beleeuing to receiue with this Sacrament that which CHRIST hath promised it happeneth to euery one as hee beleeueth That the principall point of Sacrifice is concealed that it is expiatorie and propitiatory for the liuing and the dead That hauing granted wiues to Priests and the Cup in the Communion of the Laitie euery one might see that with those two abuses the whole Catholike faith was ouerthrowen All the Court laid with one voice that the principall point was in question that the foundations of the Church were shaken that it was necessary to imploy all their forces to excite all Princes to send to the Bishops of all nations and by all meanes to resist this beginning from whence would vndoubtedly follow not the ruine of the Church of Rome for that was impossible but a greater deformation and dishonour then euer But the old Pope beeing most sensible who with the acutenesse of Where the Pope differeth in opinion from all others his iudgement saw more then them all did immediatly penetrate to the bottome and iudged that the enterprise would bee good for him and pernicious for the Emperour He maruelled much at the wisedome and counsell of so great a Prince that by one victory hee should thinke hee was made iudge of all mankinde and presuppose hee was able to contest with both parties That a Prince adhering to one might oppresse another but to contend with both was too much boldnesse of vanity Hee foresaw that the doctrine would generally more displease the Catholikes then the Court and the Protestants most of all and that it would be impugned by all and defended by none wherein there was no neede of his paines because his enemies would worke for him more then himselfe could doe and that it was better to permit the publication of it then to hinder it and rather being in this state in which it is then when it is reformed that it may more easily fall Onely there was neede of three things That the Emperour should not know this That he should be put vpon the businesse as soone as might be And that the first blow should be against the Protestants To effect the first it was fit to make a light opposition in some things for the second to set on foote the interests of the Germane Prelates and for the third to make it cunningly appeare that this doctrine was collected not to vnite both parties but onely to curbe the Protestants by which meanes a great point was gayned that is that a secular Prince did not make Articles of faith for the faithfull but for those that erred Therefore hee sent instructions to Cardinall Sfondrato to make some His instructions to his Legate in Germany opposition and when the doctrine should bee published that hee might not be present to take leaue and bee gone The Cardinall according to his Commission declared in the Popes name that the permission to continue the receiuing of the Cup in the holy Communion though he that receiueth it is not to bee reprehended the custome of receiuing the Sacrament vnder both kindes being abrogated long since was a thing reserued to the Pope as also the granting of marriage to Priests and the rather because it hath neuer been vsed in the Church and the Greekes and Easterne people who doe not binde them to a single life doe graunt that married men may receiue Orders and keeping their wiues may exercise the ministery but doe not nor euer did permit them to marry who were in Orders before He added that without doubt if his Maiestie would graunt these things to bee lawfull he should grieuously offend the Maiesty of God but holding them vnlawfull hee might permit them to the heretikes as a lesser euill It is tolerable and belongeth to the wisedome of a Prince when all euils cannot bee remooued to suffer the least that the greater may bee rooted out That his holinesse perusing the booke saw it was onely a permission to the Lutherans that they may not without end passe from one errour to another and that it is not granted to the Catholikes to beleeue or doe any thing but according to the prescript of the holy Apostolike Sea which onely as Mistris of the faithfull may make Decrees in point of Religion And being assured that this was his Maiesties purpose he told him it would be necessary to make an expresse declaration therof and not to giue the raines so much to the Lutheranes especially in the power of changing ceremonies considering that in the last point hee seemed to giue them too much liberty where hee graunteth that the Ceremonies which may giue cause of Superstition should be taken away Hee added that the Lutherans would hold it lawfull to retaine the Ecclesiasticall goods and iurisdiction vsurped if they were not commanded to make restitution wherein a Councell was not to be expected but execution presently made and that the spoyles being notoriously knowen he neede not obserue the nice points of Law but proceed summarily and with his Princely power This censure was imparted by Caesar to the Ecclesiasticall Electors who The Ecclesiasticall Electors approue the Popes cēsure of the Interim especially concerning restitution of goods vsurped by the Protestants did approoue it but particularly for the point of restitution of Ecclesiasticall goods they affirmed it was necessary without which the worship of God could not bee restored nor Religion preserued nor peace well assured And that because the spoile was manifest iustice did require a short proceeding All the Bishops were of the same opinion The Secular Princes were silent for feare of offending the Emperour and by their example the Ambassadors of the Cities spake but little and of that little little account Wherefore the Emperor maketh a proheme to the Interim was made In regard of the Legates remonstrance the Emperour caused a Proheme to bee made
the end the Spaniard departed also and so did the Emperours Ambassadours and the Cardinall Crescentius was carried The Legate dieth in Verona to Verona where hee died For the last part of the Decree the Nuncij were much blamed in Rome The Nuncij are blamed for the last part of the Decree that the Synode had determined the obseruation of the Constitutio 〈…〉 without asking first the confirmation of the Apostolique Sea alledging that this hauing been exquisitely obserued by all former Councels was a great vsurpation and offence against the Papall authoritie Some also made a scruple that all that assisted in that Session had incurred the censure of the Canon Omnes dist 22. hauing done a preiudice to a priuiledge of the Popes authority pretending that the Decrees of the Councell were of force before the confirmation They sayd for themselues that they had not commanded but perswaded the obseruation But the answere did not satisfie because to And their defence is not esteemed good obserue as a law doth presuppose an obligation and in the Decree the exhortation is referred onely to Princes and Prelates who are exhorted to cause the Decrees to bee obserued And for the obseruers a former obligation is presupposed and for matter of faith they said the answere could haue no place They might haue excused themselues and sayd that euerything was approoued by the Pope before it was published in the Sessions Neither would this haue satisfied because thought it was true yet it did not appeare This gaue occasion to wonder that there should bee such a contention betweene the Synode and the Protestants concerning the things decreed which the Protestants would haue reexamined and the Synode would haue to bee held as concluded For if they were not perfectly established they might bee reexamined And they discoursed that the Pope who was to confirme them was to doe it either with taking knowledge of the cause or without if without the confirmation was a vanitie and according to the prouerbe that none should take a potion and another bee purged if with it then the Pope ought to examine them and so might euery one and referre himselfe to his Holinesse In summe if the force of the Decrees of the Councell dependeth on the Popes Confirmation before that they are in suspence and may be questioned and discussed better which was alwayes denied to the Protestants Some did conclude that the Decree was a declaration that the confirmation was not needfull The Protestants thought not of these reasons which the stronger they are in the Doctrine of the Sea of Rome so much the more the vse of them would endammage their pretensions But because there was more speech of the validitie of this Decree in the yeere 156 when the Councel ended that which remaineth shall be deferred vntill then Though the Protestants had the better in mannaging the warre yet Manrice treated friendly with Ferdinand yea went to him into his owne Territeries desiring nothing of him but the freedome of the Landgraue his father in law the liberty of Germanie and peace of Religion The Protestants Annos did still proceede and the Emperour though hee were not ready to make resistance yet thinking he had Germany vnder his yoke hee would not leaue any part of the domination which hee had assumed and Ferdinand after hee had treated with Maurice went to Ispruc to perswade him But the The Emperor flieth from Isprut enemies Armie approaching that Citie the simperour was forced to flie by night with all his Court and after he had wandered in the Mountaines of Trent he came to Vdlaco a City of Carinthia at the confines of the Venetians where he was much afraid because the Senate to secure the frontiers sent Souldiers to that place though the Venetian Ambassadour did assure him that they were at his seruice if there were occasion to employ them Before he departed from Ispruc he set Iohn Fredericke Duke of Saxony at libertie to And setteth Fredericke Duke of Saxony at liberty take the glory of his deliuery from Maurice which pleased that Prince very much whom it concerned more to bee fauoured by an enemie his Superiour then by an enemie his equall and emulous A few houres after the departure from Ispruc Maurice arriued there the same night where not touching any thing that belonged to Ferdinand or the Maurice taketh Isprue Citizens he made himselfe Lord of the Emperours baggage and of the baggage of his Court The Protestants seeing their aduantage by this flight published another Manifest signifying in substance that hauing taken armes The Protestants set forth a Manifest for Religion and the liberty of Germany as the enemies of the trueth had no other ayme but that the holy Doctors being first oppressed the Popish errours might be restored and the youth brought vp in them hauing imprisoned some and made others sweare to depart and not returne againe which oath doth not binde because it is wicked they did recall them all and commaund them to resume their office of teaching according to the Augustan Confession and to remooue all calumnies did absolue them from the oath taken The treatie of peace still continuing it was at last concluded in A Peace is concluded Passau in the beginning of August concerning all differences and for Religion it was thus ordered that within sixe moneths a Diet should bee called to consult how the discords in Religion might most easily and commodiously be composed either by a generall or Nationall Councell or by a Colloquie or vniuersall Diet of the Empire That in that Diet an equall number of godly humble and wise men of either Religion should bee taken charging them to consider of and propose the most conuenient meanes and that in the meane space neither the Emperour nor any other may force any in matter of Religion against his conscience or will neither De facto nor by forme of reason nor doe any thing in contempt or to grieue any for that cause but to let euery man liue in quiet and in peace and likewise that the Princes of the Augustan Confession may not molest the Ecclesiastiques or seculars of the old Religion but let them enioy their goods Lordships Superiorities iurisdictions and ceremonies that in the Chamber iustice bee administred to euery one without regard of what Religion he is not excluding the Confessionists from the places they are to haue amongst the assessors and that it be free for the assessors and for the litigants to sweare by God and the Saints or by God and the Gospel And though there be no meanes of composition in Religion yet this peace shall remaine in force for euer And so the Interim was abrogated which had been really executed but in few places The Landgraue of Hassia was deliuered by vertue of this agreement so that all difficulties with the Emperour did cease yet the warre continued a whole The Interim is abrogated The Landgraue is set at
to shew hee was not so much obliged to the Papacie would not receiue Ecclesiasticall Orders these causes being ceased went out of the number of the Deacon Cardinals and was ordained Priest and foure moneths after the Arch-bishop of Canterbury being burnt hauing beene first degraded with many ceremonies he was put into his place The people of Austria in regard of the Recesse made in the Diet and of Ferdinands declaration in fauour of the Cities and Nobles subiect to Ecclesiasticall Princes entred into hope that themselues also might retaine libertie The people of Austria disire liberty of 〈…〉 ligion of religion Therefore hauing called a Diet of his Subiects to haue a contribution against the Turkes who made warre against him they demaunded permission and freedome to liue in purity of religion and to inioy the benefit which was granted vnto the Confessionists telling the King that the scourges of the Turkes are Gods visitations to inuite them to amendment of life that Armes are in vaine taken against the enemie if the wrath of God be not first appeased who will be honoured according to his owne prescript and not according to the fansies of men They beseeched him that they might not be in worse estate then other Germans and that Ministers of the Church might teach and distribute the Sacraments according to the Euangelicall and Apostolicall doctrine and that the Schoole-masters should not bee banished vntill their cause were heard according to iustice offering vpon these conditions to aduenture their liues and goods to giue him contentment Ferdinand answered that hee could not grant their demand not for want To whom Ferdinand answereth thus of will to gratifie them but because hee was bound to obey the Church and that himselfe and Caesar had euer detested the discords in religion for remedy whereof they had institured many Colloquies and finally procured the Councell of Trent which if it had not a happy successe it was not to bee imputed vnto them in regard it is knowen with what counsels and artifices it hath been hindered by others that afterwards an Edict was made in fauour of the Augustan Confession in which themselues were partakers because it was said therein that euery Prince not Ecclesiasticall might choose which of the two religions he would and the people follow the religion of the Prince with which if any bee not content hee hath liberty to sell his goods and to goe whither hee will that therefore their duety was to continue in the old Catholique Religion which himselfe professeth but to yeeld to their desires as much as he could hee was content to suspend that part of the Edict which concerneth the Communion of the Cup yet with condition that they should change nothing in the rites and ceremonies of the Church vntill the Decree of the future diet And they desiring nothing else were content to contribute readily against the Enemie The Bauarians also desired of their Duke libertie of religion demaunding a free preaching of the Gospel mariage of Priests the Communion Sub vtraque 1556 PAVL 4. CHARLES 5. MARY HENRY 2. The Bauarians also desire liberty of religion Which their Duke doeth grant vnto them in some few points and to eate flesh euery day protesting that otherwise they would not pay the heauie Subsidies and contributions against the Turkes The Duke seeing that Ferdinand his wiues father had graunted his people the Communion of the Cuppe to obtaine contributions of them did likewise grant them that Communion and leaue to eate flesh if there were necessity on fasting dayes vntill the causes of Religion were composed by publique authority the Edicts made by him in matter of Religion stil remaining in force protesting in many and copious termes that hee would not depart from the Church and religion of his ancestors nor change ought in the ceremonies without consent of the Pope and the Emperour promising to procure that his Metropolitan and Bishops should approoue this grant and not molest any for these things The whole Palatinate did imbrace The whole Palatinate doth imbrace the Augustan Confession the Augustan Confession because the Elector beeing dead his Nephew succeeded who had declared himselfe to be of that Confession many yeeres before for which he had suffered many persecutions And now being made Prince hee presently forbade the Masses and Roman ceremonies throughout all his Principality But the Pope hauing layd the foundations before rehearsed applying himselfe to spirituall matters thought it necessary to gaine credit with the world which could not bee done if it did not appeare by deedes not by words onely that the Court of Rome was reformed Therefore beeing wholly bent to this in the end of Ianuary 1556. he erected a Congregation 1556. The Pope erecteth a congregation to discusse all doubts concerning Simonie in which were foure and twenty Cardinals and fiue and fourty Prelates and other persons the most learned of the Court to the number of 150. and diuide them into three rankes in each of which were eight Cardinals fifteene Prelates and others to the number of fifty To these hee committed the discussion of all the doubts in matter of Simonie which hee printed and sent copies of them to all Princes and said hee had published them that they might come to the knowledge of the Vniuersities of generall Studies and of euery learned man that all might haue occasion to make knowen their opinions which he would not openly desire because it was not honourable for that Sea which is mistris of all to goe about and beg them Hee sayd that for himselfe he had no neede of the instruction of any because he knew what CHRIST did command but that he had erected the Congregation that in a matter wherein all are interested it might not bee sayd that hee had proceeded of his owne head Hee added that hauing purged himselfe and his Court it could not bee sayd to him Physician cure thy selfe and that he would make Princes know that there is greater Simonie in their Courts which hee would take away beeing superiour aswell to Princes as Prelates In the first Congregation of the first ranke held the 26. of March before In the first meeting of which 3. opinions are broached Cardinall Bellai Deane of the Colledge twelue persons did speake and there were three opinions One of the Bishop of Feltre who defended that for the vse of the Spiritual power it is not inconuenient to take money when it is not for a price but for other respects another of the Bishop of Sessa that this was by no meanes lawfull and vpon no condition and that it was absolutely detestable Simonie as well to giue as to receiue nor could bee excused with any pretence the third of the Bishop of Sinigaglia in the middle betweene these two that it might bee lawfull but in some certaine time onely and with certaine conditions The voyces of that ranke being all giuen and brought to the Pope after Easter holy
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
dimisorie letters by which the Clerke hath leaue to finde out one that will ordaine him and in Rome to be ordained out of the times appointed and lay the reformation onely vpon the Bishops that doe ordaine This opinion was approoued by many in respect of the dimisories of Bishops but concerning the Facultie giuen at Rome the Cardinall Simoneta sayd that the Pope would prouide for it and that it was not a thing to be handled in Councell Concerning the reward of Notaries some thing was said For some esteeming it an office purely secular thought that their pay ought not to bee stopped Others held it for an Ecclesiastical office Antonius Augustinus Bishop of Lerida an antiquarie said that in the ancient Church the Ministers were ordained in presence of all the people so that there was no neede of letters Patents or testimoniall and after they had gained a title they did not change Diocesse and if for any cause they did make a iourney they had a letter from the Bishop then called Formata The vse of letters testimoniall began after that the people left to bee present at the Ordinations and the Clerkes began to bee vagabonds and being introduced in supplement of the presence of the people is to bee esteemed a temporall office but because it is applied to a spirituall matter it is to bee vsed with moderation Therefore his opinion was that some reward should bee allowed for them but moderated and limited That which was proposed in the fourth poynt belongeth onely to the Concerning distributions Collegiate Churches which hauing by their institution this function amongst others to assemble themselues in the Church to prayse God at the houres appointed by the Canons which therefore are called Canonicall rents were annexed to them for the maintenance of the Canons distributed amongst them in one of these foure manners For either they liued at a common table and charge as the Regulars or euery one had his portion of rents assigned to him which therefore was called a Prebend or the seruice being ended all was distributed amongst them either in meate or money Those that liued in common continued in that discipline but a small time but came to diuision either into Prebends or distributions to the Prebendaries excusing those from performing those diuine offices who by reason of infirmitie or some spirituall businesse could not bee present It was an eafie thing to find a pretence and begin an vse of being seldome in the Church and to enioy the Prebend notwithstanding But hee vnto whom the measure was distributed after the worke was done could not bee excused so that discipline and frequencie in the Offices remained longer in this second kinde then in the first For this cause the faithfull when they gaue or bequeathed any thing to the Churches ordained it should bee put in distributions and experience shewed that the greater the distributions were the better the Offices were performed and that the negligence of those who did not assist in the offices might bee redressed by taking part of the Prebends and making distributions thereof This was much commended by many of the Prelates thinking the worship of God would bee much inlarged heereby whereof there could no doubt bee made because it did appeare already by experience And this was all which was spoken for a ground of this opinion But Lucas Bisantius Bishop of Cataro a godly man but poore spake to the contrary that rather the Prebendaries should bee forced by censures and depriuations of part or of all the fruites and of the Prebends themselues but that the first forme should not bee altered For almost all these institutions being made by the last will of the faithfull they ought to bee obserued inuiolably and without alteration not onely vpon pretence of better but not for that which is truely and certainely better in regard it is not iust to meddle with that which belongeth to another because hee doeth not vse it well But which is of more importance to exercise a spirituall function for reward is vndoubted Simonie so that by driuing out one euil another would enter farre worse making negligent men to become Simoniacall The other part answered that the Councell had power to change last willes and for assisting at diuine Offices for gaine one must distinguish that the gaine is not the principall but the secondary cause and therefore there is no sinne in it for the Canons will goe to Church principally to serue God and secondarily for the distributions The others replyed that they saw not how the Councell had greater power ouer the goods of the dead then of the liuing which no man is so impertinent as to pretend and besides the doctrine is not so secure as it is affirmed that it is lawfull to serue God for gaine secondarily And if it were it is not a secondary but a principall cause which first mooueth and without which the worke would not bee done This opinion was not pleasing and raysed much murmuring in the Congregation For euery one beeing conscious to himselfe that hee receiued the title and charge onely in regard of the rents did thinke hee was condemned Therefore the Article had great applause that the Prebends should bee turned into distributions to incite men to serue God in the best manner they could These Articles hauing beene thus discussed Fathers were deputed to make Fathers are deputed to frame the Decrees the Decrees and it was proposed that in the next Congregations they should speake of sixe more leauing that of secret mariage for another Session The next day the Legates and Deputies met to collect the substance of the opinions of the Fathers and concerning the first Article of Residencie they dissented amongst themselues Simoneta fauoured the opinion The Legates dissent in opinion concerning Residence that it was de iure positiuo and sayd that the greater part euen those who held it was de iure diuino thought fitte that the question should bee omitted Mantua without manifesting his owne opinion sayd that the greater number did demand a declaration of it Of the other Legates Altemps followed Simoneta and the other two though with some caution adhered to Mantua And this difference did not pasle without some bitternesse though modestly expressed For this cause the Legates held a generall Congregation the 20. day in which the demand following was read out of a paper that is Because many Fathers haue sayd that residence is de iure diuino some haue sayd nothing and others spoken against the making of the declaration to the end that those who are deputed to make the Decrees may make them quickely easily and securely your Lordships may bee pleased to deliuer your opinions onely with the word placet whether you approoue or disprooue the declaration that residencie is de iure diuino because according to the custome of this holy Synod the Decree shall bee made as the greater number shall giue their voyces which because they
of discipline wherewith it is maintained would disorder euery thing The Bishops sayd that a priuiledge is euer with detriment and derogation of the Law and the reuocation fauourable reducing things to their owne nature and therefore to take them away was not to innouate but to restore things to their ancient state On the other side it was answered that the exemption of the Regulars was so well prescribed by antiquity that it could no more bee called a priuiledge but common-law that when the Monasteries were subiect to Bishops the Ecclesiasticall discipline both in them and their Canons was so well gouerned and so seuere that it merited to superintend ouer all that if they will restore antiquity they must doe it in all parts that if Bishops would returne to bee as they were in those times Monasteries might bee subiected to them now as then they were but it was not iust that they should demand the superintendency ouer Monasteries before they made themselues to be such as was necessary the Rectors of a regular life should bee The Regulars were fauoured by the Ambassadours and by the Legates for the interests of the Court which would haue lost a great instrument if they had not depended wholly on it And they wanted not the fauour of some Prelates who confessed their reasons were good This contention continued certaine dayes but did abate by little and little because the Bishops who had mooued it did discouer euery day more difficulty in it The third Article was concerning the impediments which Bishops receiue from secular Magistrates who to preserue the temporall power doe not suffer them to exercise that absolute dominion which they would not only ouer the Cleargy but ouer the people To this effect the reformation of Princes was made whereof wee haue spoken already and will hereafter more at large This part and others which cohere with it were deferred vntill another Session because it was thought a difficult matter and that it would haue much prolonged the businesse But the Bishops did expound this delay as if they had meant to haue done nothing in it And they complained that purposing to reforme the whole Church the Cleargie onely should be reformed The Legates vsed all meanes to appease them shewing that not this only was deferred but other matters also which were necessary to be handled promising that the delay was only to proceed with more maturitie and that they should certainely bee discussed that it was necessary to facilitate the dispatch of that Session which should be a preparatorie for the other in which all that remaineth should be handled The Legats were all bent to hold the Session at the time appointed thinking it necessary for the quicke dispatch of the Councell for which the Pope by euery ordinary Currier and sometimes by an extraordinary did sollicite them that he might be set at liberty from it In the Congregation of the seuenth of September Friar Martinus Roias Ambassador for the Hospitalaries of S. Iohn of Ierusalem now called Knights of Malta was receiued which was deferred by reason of the great opposition of some principall Bishops that hee might not haue The Ambassadour of the Knights of Malta is receiued place aboue them saying it was not iust that a religion of Friars should precede the whole body of so many Prelats But finally the matter was accorded and published in Congregation that place was giuen him amongst the Ambassadours without preiudice of the Prelates who pretend precedence The Ambassador made an Oration and excused their grand Master who did not send to Trent sooner by reason of the rumors of the Turkish Armada and His Oration of the incommodities they receiued by Dragut the Pyrate He exhorted the Fathers to remedie the present euils which also did not a little touch the Friars of their religion who are not idle members of the Christian Common-wealth He perswaded the extirpation of heresies offering that their grand Master and Societie would take vpon them the patronage and defence of the cause spending not their goods onely but their life and blood Hee related the beginning of their religion which was fourtie yeeres before Godfrey did goe to the conquest of the holy land the heroicall workes done by their ancesters the like whereof they could not performe now because they were spoiled of a great part of their lands and possessions that they are a Barracado of Sicilie and Italie aginst the Barbarians Therefore hee prayed the Fathers to take notice of the antiquitie nobilitie merits and dangers of that Societie and to cause their possessions and Commendaes vsurped from them to bee restored and that it might be decreed by the Councel that they should be conferred vpon none but of their order ratifying the immunities and priuiledges thereof The Speaker receiued the excuse in the name of the Synod and promised that they would haue that consideration as his demand for the preseruation of the Commendaes and priuiledges of that religion did deserue But howsoeuer hee made the same instance afterwards to the Legates and the relation to the Pope his Holinesse would neuer answere any thing but that it belonged to him onely to make prouision herein and that hee would doe it in time conuenient In that Congregation and those that followed voyces were giuen concerning the 21 Articles of reformation proposed in which though there was nothing of great moment yet for the order of the storie and declaration of many things which happened afterwards it is not amisse to make mention of the principall In the first which was of the election of Bishops it being said that there was an obligation to prouide the most worthy the difficultie formerly mooued did returne that it would binde very straitly the hands as of the Pope in collations so of kings and Princes in the nominations if they were tyed to nominate one person onely And the greater part was of opinion to remooue the comparatiue and to say onely that they were bound to prouide a worthy person But on the other side some considered that the Fathers haue alwayes vsed this maner of speech that In the p 〈…〉 mo 〈…〉 Pr 〈…〉 ther 〈◊〉 〈◊〉 worthy 〈◊〉 to be preferred the most worthy should be preferred and alleadged the reason that hee cannot bee without blame who preferreth the least worthy though fit before an other of more desert There was much disputation herein but a meanes was found to compose all leauing in shew the word more worthy and speaking first in positiue termes and passing afterwards to comparatiues that the prouision might bee vnderstood to be free and so that forme was vsed which is now in Print that is that there is an obligation to prouide good and fit Pastours and that he doth mortally sinne who doth not preferre the more worthy and more profitable to the Church leauing a naturall exposition to these words that many are more worthy and more profitable in respect of others who are lesse in
ought to bee obserued vpon paine of Anathema 1. That Ecclesiasticall persons may not bee iudged in a secular Court howsoeuer there may bee doubt of the title of the Clerkeship or themselues consent or haue renounced the things obtained or for any cause whatsoeuer though vnder pretence of publike vtilitie or seruice of the King nor shall be proceeded against there in cause of murder if it bee not truly and properly a murder and notoriously knowne nor in other cases permitted by the law without the declaration of the law going before 2. That in causes spirituall of matrimonie heresie patronage beneficiall ciuill criminall and mixt belonging in what manner soeuer to the Ecclesiasticall Court as well ouer persons as ouer goodes tithes fourths and other portions appertaining to the Church or ouer beneficiall Patrimonies Ecclesiasticall Fees temporall iurisdiction of Churches the temporall Iudges shall not meddle neither in the Petitorie nor in the Possessorie taking away all appeale vpon pretence of iustice denied or as from an abuse or because the things obtained are renounced and those who shall haue recourse to the Secular magistrate in the causes aforesaid shall bee excommunicated and depriued of their rights belonging vnto them in these things And this shall be obserued also in causes depending in what instance soeuer 3. That the Seculars shall not appoint Iudges in causes Ecclesiasticall though they haue Apostolike authoritie or a custome time out of mind and the Clerkes who shall receiue such offices from the Lakes though by vertue of any priuiledge whatsoeuer shall bee suspended from their orders depriued of their Benefices and offices and made vncapeable of them 4. That the Secular shall not command the Ecclesiasticall Iudge not to excommunicate without licence or to reuoke or suspend the Excommunication denounced nor forbid him to examine cite and condemne or to haue Sergeants or Ministers for execution 5. That neither the Emperour Kings nor any Prince whatsoeuer shall make Edicts or Constitutions in what manner soeuer concerning Ecclesiasticall causes or persons nor meddle with their persons causes iurisdictions or tribunals no not in the Inquisition but shall bee bound to affoord the seculat Arme to Ecclesiasticall Iudges 6. That the temporall iurisdiction of the Ecclesiastikes though with meere and mixt power shall not bee disturbed nor their subiects drawne to the Secular tribunals in causes temporall 7. That no prince or magistrate shall promise by Briefe or other writing or giue hope to any to haue a Benefice within their dominions nor procure it from the Prelates or Chapters of Regulars and hee that shall obtaine it by that meanes shall bee depriued and yncapeable 8. That they shall not meddle with the fruites of Benefices Vacant vnder pretence of custodie or patronage or protection or of withstanding discords nor shall place there either Bayliefes or Vicars and the Seculars who shall accept such offices and custodies shall bee excommunicated and the Clerkes suspended from their Orders and depriued of their Benefices 9. That the Ecclesiastikes shall not bee forced to pay taxes gabels eithes passages subsidies though in the name of gift or loane either in respect of the Church goods and of their Patrimonial except in Prouinces where by ancient custome the Ecclesiastikes themselues doe assist in publike Parliaments to impose Subsidies both vpon the Laitie and the Clergie to make warre against the infidels or for other vrgent necessities 10. That they shall not meddle with Ecclesiasticall goods mooueable or immooueable vassallages tenths or other rights nor in the goods of communities or priuate men ouer which the Church hath any right nor shall rent out the depasturing or herbage which groweth in the lands and possessions of the Church 11 That the letters sentences and citations of Iudges Ecclesiasticall especially of the Court of Rome so soone as they bee exhibited shall bee intimated without exception published and executed neither shall it bee necessarie to require consent or licence which is called Exequatur or Placet or by any other name either for this or for taking possession of Benefices though vpon pretence of withstanding falshoods and violences except in fortresses and those Benefices in which Princes are acknowledged by reason of the temporalitie and in case there shall bee doubt of falsitie or of some great scandall or tumult the Bishop as the Popes delegate shall constitute what hee thinketh needefull 12. That Princes and Magistrates shall not lodge their officers seruants souldiers horses or dogs in the houses or Monasteries of the Ecclesiastikes nor take any thing from them for their foode or passage 13. And if any Kingdome Prouince or place shall pretend not to be bound to any of the things aforesaid by vertue of priuiledges from the Apostolike Sea which are in actuall vse the priuiledges shall bee exhibited to the Pope within a yeere after the end of the Councell which shall bee confirmed by him according to the merites of the Kingdomes or Prouinces and in case they be not exhibited before the end of the yeere they shall be vnderstood to bee of no force And for the Epilogue there was an ad 〈…〉 tion to all Prindes to haue in veneration the things which concerne the Clergie as peculiar to God and not to suffer them to bee offended by others renewing all the constitutions of Popes and holy Canons in fauour of Ecclesiasticall immunitie commanding vnder paine of Anathema that neither directly nor indirectly vnder any preâ—ence whatsoeuer any thing bee constituted or executed against the persons or goods of the Clergie or against their libertie any priuiledges or exemptions though immemoriall notwithstanding And this is it which was first imparted to the Ambassadours and by each of them sent to their Princes whereupon the French King gaue the order to his Ambassadors before mentioned And the Emperor hauing seene them wrot to the Cardinall Morone that hee could not possibly assent either as Emperor Are distastfull to the Emperour or as Arch-Duke that they should speake in Councell of reforming the iurisdiction of Princes nor to take from them authority to receiue assistance and contributions from the Clergie putting him in minde that all the former euils did arise from the oppressions attempted by the Ecclesiastikes against people and Princes That they should beware not to prouoke them more and cause greater inconueniences to arise After Loraine was departed the French Ambassadours put their protestation in order to make vse of it if need were In the Congregation of the two and twentieth of September one of the Fathers made a long speach to shew that the cause of all deformation proceeded from Princes that they had more neede of reformation that the Articles were already in order and was now time to propose them that they might not vanish to nothing by delaies After hee had spoken the Ambassadour de Ferrieres made a long querulous The speach of de Ferrieres Oration or as the Frenchmen say a complaint The contents whereof in the
principall points were That they might say to the Fathers as the Ambassadours of the Iewes did to the Priests Ought wee also to continue fasting lamenting That there are more then 150. yeres part since the most Christian Kings haue demanded of the Popes a reformation of the Ecclesiasticall discipline that for this end only they haue sent Ambassadors to the Synods of Constance Basil and the Lateran to the first of Trent finally to this second What their demands were Iohn Gerson Ambassadour in that of Constance the Orations of Petrus Danesius Ambassadour in the first of Trent of Guido Faber and of the Cardinall of Loraine in this second doe testifie in which nothing was demanded but the reformation of the manners of the ministers of the Church and notwithstanding this they must still fast and lament not seuentie yeeres but two hundred and GOD grant they be not three hundred and many more And if any should say that satisfaction hath beene giueth them by Decrees and Anathematismes they did not thinke that this was to satisfie to giue one thing in payment for another If it shall bee said that they ought to bee satisfied with a great bundle of reformations proposed the moneth before they had spoken their opinion concerning that and sent it to the King who had answered that he saw few things in it befitting the ancient discipline but many things contrary That that is not the plaster of Isaias to heale the wound but of Ezekiel to make it raw though healed before That these additions of excommunicating and anathematizing Princes was without example in the ancient Church and did make a way to rebellion and all the Articles concerning the reformation of Kings and Princes haue no ayme but to take away the libertie of the French Church and offend the Maiestie of the most Christian Kings who by the example of Constantine Iustinian and other Emperours haue made many Ecclesiasticall lawes which haue not onely not displeased the Popes but they haue inserted some of them in their Decrees and iudged Charles the Great and Lewis the ninth principall authors of them worthy of the name of Saints He added taht the Bishops had with them gouerned the Church of France not only since the times of the Pragmatique or Concordate but foure hundred yeeres and more before the booke of the Decretals and that these lawes haue beene defended and renewed by the later Kings since that the Decretals substituted in place of them haue derogated from them in the times following That the King beeing now of age would reduce those lawes and the libertie of the French Church into obseruation because there is nothing in them contrarie to the doctrine of the Catholique Church to the ancient Decrees of Popes nor to the Councels of the Church vniuersall Hee said moreouer that those lawes doe not prohibite Bishops to reside all the yeere and to preach euery day not onely nine moneths and in the feasts as was decreed in the last Session nor forbid them to liue in sobrietie and pietie and hauing the vse onely and not the benefit of the reuenues to distribute them or rather to render them to the poore who are owners of them And hee proceeded in naming other things of the Councel with the like ironicall manner that hee seemed to iest at them Hee added that the power giuen by GOD to the King the lawes of France and the libertie of the French Church haue alwayes forbid Pensions Resignations in fauour or with Regresse pluralitie of Benefices Annats Preuentions and to litigate for the Possessorie before any but the Kings Iudges or for the propriety or other cause ciuill or criminall out of France and forbid also the hindering of appeales as from abuse or to hinder that the King Founder and Patron of almost all the Churches of France may not make vse of the goods and reuenues though Ecclesiasticall of his Subiects for instant and vrgent necessitie of the Common-wealth Hee said afterwards that the King marueiled at two things One that they the Fathers adorned with so great Ecclesiasticall power in the ministerie of GOD assembled onely to restore Ecclesiasticall discipline not regarding this should binde themselues to reforme those whom they ought to obey though they were stiffenecked Another that they should think they can and ought without any admonition excommunicate and anathematise Kings and Princes which are giuen by GOD to men which ought not to bee done to any ordinary man though perseuering in a most grieuous offence He said that Michael the Archangel durst not curse the Deuill or Micheas or Daniel the most wicked Kings and yet they the Fathers were wholly conuersant in maledictions against Kings and Princes and against the most Christian if hee will defend the lawes of his ancestors and the liberty of the Gallicane Church His conclusion was that the King did desire them not to decree any thing against those 〈◊〉 or if they should that hee commanded his Ambassadors to oppose the Decrees as 〈…〉 they did oppose them But if 〈…〉 ting the Princes they would attend seriously to that which al the world expectch it would bee most 〈◊〉 〈…〉 ble to the King who did command them the Ambassador 〈…〉 to 〈◊〉 that 〈…〉 hee spake in the Kings name Afterwards hee did 〈…〉 the heauen earth and the Fathers to consider whether the Kingâ— demand were iust whether it were honest for them to make orders for themselues throughout the whole world whether this were a â—â—me to take compassion not vpon the Church nor vpon France but vpon themselues the Fathers their dignity reputation and 〈…〉 s which cannot do preserued but by the Arts by which they were gained in the beginning that in so great confusions they must bee wary and not cry when CHRIST commeth sâ—nd Vs into the heard of 〈◊〉 that if they would restore the Church to the ancient reputation comp 〈…〉 the aduersaries to repentance and reforme Princes they should follow the example of Ezekias who did not imitate his father nor his first second third and fourth grand-father who were vnperfect but went higher to the imitation of his perfect ancestors so it was not fit at that time to respect the next predecessors though very learned but to ascend as farre as Ambrose Augustine and Chrysostome who ouercame the heretiques not by arming Princes to the warre themselues in the meane while picking their nailes at home but with prayers good life and sincere preaching For they hauing framed themselues first like Ambrose Austine and Chrysostome will make the Princes also to become Theodosii Honorij Arcadij Valentiniani and Gratiani which he said they hoped for and praied God it might bee so and here hee ended The Oration when it was pronounced did anger very much not onely the Papalins but the other Prelates more and French-men also Is censured and when it was ended there was such a whispering that it was necessary to finish the Congregation Some did taxe it
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
a nullitie in the profession shall not bee heard after fiue yeeres from the first day thereof and shall alleadge the cause before the Superiour and Ordinarie before hee depose the habit and none shall goe to a more large religion nor haue leaue to weare the habit secretly 20. The Abbats and Heads of the Orders shall visit the Monasteries subiect vnto them though but by Commenda and the Commendataries shall be bound to execute the Ordinations and in those Priors and Superiours who haue spirituall gouernement shall bee created by the Chapters or visiters of the Orders 21. That the Synode doeth desire to restore discipline in all Monasteries but seeth it is impossible in regard of the stiffenecked and difficult age yet they will not omit to vse meanes that hereafter prouision may bee made therein and doe hope that his Holinesse as farre as hee shall see the times will comport will prouide that a Regular professed person shall bee made gouernour of Monasteries commended and those that shall bee vacant hereafter shall not bee conferred but vpon Regulars and those who haue Monasteries in Commenda and are Heads of Orders if prouision bee not made within sixe moneths of a Regular successor they shall make prouision or quit the place otherwise the Commendaes shall bee vacant And in the prouision of Monasteries the qualitie of euery one shall bee expressed by name otherwise the prouision shall bee accounted surreptitious 22. That it shall bee vnderstood that all Regulars are subiect to these Decrees notwithstanding any priuiledge though by foundation commanding Bishops and Abbats to execute them immediatly and praying and commanding Princes and Magistrates to assist them as often as they shall be required The reading of the generall reformation did presently follow which The generall reformation after an exhortation to Bishops for exemplary life modestie in apparell and food and frugality doth forbid 1. That they shall giue to their kinred or any of their family any part of the reuenues of the Church except they bee poore extending the same to all beneficed persons secular or regular and also vnto Cardinals 2. That the Bishops shall in the first Prouinciall Councell receiue the Decrees of this Synod of Trent promise obedience to the Pope Anathematize the heresies condemned and euery Bishop promoted hereafter shall doe the same in the first Synod and all beneficed men who are to assist in the Diocesan Synode shall doe the same therein Those who haue the care of Vniuersities and studies generab shall endeauour to make the Decrees to be receiued in them and the Doctours to teach the Catholique faith in conformitie of them and shall take a solemne oath herein euery yeere And for those which are immediatly subiect to the Pope his Holinesse will haue care that they be reformed in the same manner by his Delegats or as hee shall thinke fit 3. That howsoeuer the sword of excommunication is the sinew of Ecclesiasticall discipline profitable to keepe men in obedience it is to be vsed with sobriety and circumspection hauing found by experience that it is more contemned then feared when it is denounced rashly for a small cause Therefore it shall not be denounced by any but by the Bishop for things lost or stollen who shall not grant it at the perswasion of any secular authority whatsoeuer though a Magistrate And in iudiciall causes in which a reall or personall execution may bee made they shall abstaine from censures and in ciuill belonging in what manner soeuer to the Ecclesiasticall Court they may vse pecuniary punishments or proceed by distraining of goods or imprisonment of the parties themselues with their executors or others and in case they be not able to execute really or personally they may proceed to excommunication And the same shall be obserued in criminall causes The secular Magistrate shall not prohibite the Ecclesiasticall to excommunicate or reuoke excommunication vpon pretence that the Decree hath not beene obserued The person excommunicated shall not onely not be receiued to participate with the faithfull but if he perseuere in the censures he may be proceeded against as suspected of heresie 4. It doth giue power to the Bishops in the Diocesan Synods and to the Heads of the Orders in the generall Chapters to ordaine for their Churches that which shall bee for the honor of God and benefite of them when there shall be an obligation to celebrate so many Masses by testamentarie legacies that they cannot bee performed or that the almes is so small that none can bee found to performe the charge but with condition that memory be alwaies made of those parties deceased who haue left the legacies 5. That in the collation or any other disposition of Benefices no derogation bee made to the qualities conditions and charges required or imposed in the erection or foundation or by any other constitution otherwise the prouision shall bee accounted surreptitious 6. When the Bishop not in time of visitation doth proceed against the Canons the Chapter shall elect two in the beginning of euery yeere by whose councell and consent the Bishop shall proceed in all the acts and the voyces of both shall bee as one and in case they both dissent from the Bishop a third shall bee elected by them who shall determine the controuersie and if they cannot agree the third man shall bee elected by the next Bishop But in causes of concubinaries or other more hainous the Bishop may receiue information alone proceed to retention and for the residue shall obserue what is ordained The Bishop shall haue the first seate in the quire Chapter or other publique places and shall choose his place The Bishop shall preside in the Chapter except in cases belonging to him or his which authority shall not bee communicated to his vicar and those who are not of the Chapter shall in causes Ecclesiasticall be all subiect to the Bishop and where Bishops haue more iurisdiction then the aforesaid the Decree shall not haue place 7. Heereafter no regresse or accesse to any Ecclesiasticall benefice shall bee granted and those which be granted already shall neither bee extended nor transferred and herein the Cardinals shall be comprehended also Coadiutors with future succession shall not be made in any Ecclesiasticall benefices whatsoeuer and if in Cathedrall Churches or Monasteries it shall be necessary to doe it the cause shall first be knowen by the Pope and the due qualities shall concurre 8. All beneficed men shall vse as much hospitality as their reuenue will giue them leaue and it doth command those who haue the gouernement of Hospitals vnder what title soeuer to exercise it as they are bound by the reuenues deputed hereunto and if persons of that sort as the institution doth require be not found in the place the reuenues shall be conuerted to a pious vse as neere as can be to that as shall seeme good to the Bishop with two of the Chapter And those who will not giue
satisfaction in this charge of hospitality may be compelled though they be Laikes by censures and other remedies to performe their duety and shall be bound to the restitution of fruits in court of conscience and such gouernements shall not begiuen hereafter to any for longer time then three yeeres 9. The title of Patronage shall be shewed to be authenticall by foundation or donation or by presentations multiplied time out of mind or by some other lawfull manner But in persons and communities in whom vsurpation is vsually presumed the proofe shall be more exact and time immemoriall shall not suffice except presentations of fiftie yeeres at the lest bee authentically shewed and that they haue all taken effect Other sorts of Patronages shall be vnderstood to be abrogated except those of the Emperour Kings possessours of Kingdomes and supreme Princes and of generall studies The Bishop may refuse to admit those that are presented by the Patrons if they be not fit and the Patrons shall not meddle with the fruits neither shall the right of Patronage be transferred against the canonicall ordinations and the vnions of simple benefices to those which haue right of patronage if they haue not really taken effect shall wholly cease and the benefices shall be reduced to liberty and those that haue beene made within fourtie yeeres though they haue beene executed shall be reuiewed by the Bishops and if any defect be found shall be made void and likewise all Patronages shall bee reuiewed made within fourty yeeres for augmentation of dowrie of the Church or for building it anew and if they shall not bee found to bee for the euident vtility of the benefice they shall bee reuoked and that shall bee restored to the Patrons which is due vnto them 10. That in Prouinciall Councels or Diocesan foure persons at the least shall bee elected endowed with fit qualities to whom Ecclesiasticall causes shall bee committed which are to bee delegated by the Legates Nuncij or Apostolique Sea and all other delegations shall bee thought to bee surreptitious 11. Money shall not bee receiued before hand for Ecclesiasticall goods in preiudice of the successours nor Ecclesiasticall iurisdictions rented out neither shall the Farmours of them haue power to exercise them and the farming of Ecclesiasticall things though confirmed by the Pope done within thirtie yeares for a long time that is for twenty nine or more yeares ought to be iudged by the Prouinciall Synod to haue bin done with dammage of the Church 12. Those who are bound to pay tenthes shall pay them hereafter to whom they are intirely obliged and he that with holdeth them ought to bee communicated and not to be absolued before restitution And it exhorteth all to whom God hath giuen wealth to impart some of it to Bishops and Priests who haue poore Churches 13. Whereas the fourth of the funerals was vsually paid vntill within these forty yeeres vnto the Episcopall or Parish Church and was afterwards graunted to pious places it shall bee restored to them againe 14 It doeth forbid all Clearkes to keepe Concubines or any suspected women at home or abroad which if they forbeare not to doe after admonition they shall bee depriued of the third part of their Ecclesiasticall rents of all after the second admonition and suspended also from administration of the Sacraments and in case they perseuere they shall be depriued of all Benefices and made vncapable of any other vntill they shall bee dispensed with and if after they haue forsaken them they shall returne they shall bee excommunicated also and the cognition of these causes shall belong onely to Bishops summarily But Clearkes not beneficed shall bee punished with imprisonment suspension or inhabilitie And if the Bishops themselues shall fall into the like errour and not amend after admonition giuen by the Prouinciall Synod they shall bee susspended and if they perseuere they shall bee delated to the Pope 15 The sonnes of Clearkes not borne of lawfull matrimony shall not haue any Benefice or ministery in Churches where their fathers haue or haue had a Benefice nor haue any Pensions in Benefices which the fathers either haue now or haue had and if at any time the father and sonne shall bee beneficed in the same Church the sonne shall bee bound to resigne within three moneths prohibiting also resignations which the father shall make to another that hee may resigne his owne to his sonne 16. Benefices with cure shall not bee conuerted into simple Benefices and in those which are conuerted already if the perpetuall Vicar hath not a conuenient rouenue it shall bee assigned to him at the pleasure of the Bishop 17. Whereas some Bishops carry themselues basely towards the Ministers of Kings men of preheminence and Barons as well in the Church as without and not onely giue them place with too much indignity but serue them in person the Synod detesting this and reuiuing the Canons concerning the Decorum of Episcopall dignitie doeth commaund Bishops to forbeare this and regard their Decree both in Church and without remembring they are Pastors and also commaundeth Princes and others to giue them honour and reuerence due to fathers 18. The Canons shall be obserued indistinctly by all and shall not bee dispenced but for a cause heard with maturity and without cost 19. The Emperour Kings and Princes who shall grant duell betweene Christians shall be excommunicated and depriued of the dominion of the place in which the duell is committed if they hold it from the Church and the Combattants and Iudges of the combat shall bee excommunicated haue their goods confiscated and be perpetually infamous and if they die in the duell they shall not bee buried in any sacred place and those who giue them counsell either in iure or in facto or perswade them to the duell and the lookers on shall bee excommunicated 20. In The reformation of Princes the end the Article of Ecclesiasticall libertie or reformation of Princes which had beene so much examined was read In it the Synod doeth admonish secular Princes hoping they will grant to the Church the restitution of her rights reduce their Subiects to reuerence the Cleargie and not permit their officers and inferiour Magistrates to violate the immunitie of the Church and Ecclesiasticall persons but that together with themselues the Princes they will be obedient to the constitutions of the Pope and of Councels determining that all constitutions of generall Councels of the Apostolike Sea in fauour of Ecclesiasticall persons and libertie shall bee obserued by all admonishing the Emperour Kings Republiques Princes and all to reuerence the things that belong to Ecclesiasticall right and not to suffer them to be violated by inferiour Lords their Magistrates or Ministers that the Clerkes may reside and performe their dutie without impediment and with edification of the people After this a Decree was read neuer mentioned A Decree concerning the Apostolike Sea neuer mentioned before in any Congregation by which