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
controuersie in religion betweene Zuric Berne and Basil on the one side and the Popish Cantons on the other was often composed by the mediation of diuers yet at that time the hatred was so great between them and new causes of distasts arising daily the contentions were often renewed And this yeere they were greatest of all those of Zuric and Berne attempting to hinder the victualling of fiue Cantons which caused both parties to arme With those of Zuric Zuinglius tooke armes though his friendes perswaded him to remaine at home and leaue that charge to others Whereunto he would by no meanes yeeld that 1532 CLEMENT 7. CHARLES 5. HENRY 8. FRANCIS 1. he might not seeme to incourage the people in the Church onely and forsake them in time of danger The eleuenth of October they came to a set battell in which those of Zuric had the worst and Zuinglius was slaine for which the Catholikes more reioyced then for the victory They did diuers disgraces to the corps and the death of that man was the chiefest cause of Whose death caused a composition betweene the Cantons a new composition betweene them both the parties retaining their owne religion The fiue Catholike Cantons assured themselues that hee being remoued who by his Sermons changed religion in the Countrey all would returne to the old In which hope they were confirmed the more because And maketh Ecolampadius die with griefe Ecolampadius a Minister in Basil of the same opinion with Zuinglius dyed within a few daies after with griefe for the losse of his friend the Catholikes attributing the death both of the one and the other to the prouidence of God who compassionating the Heluetians had punished and taken away the Authors of their discord Surely it is a pious and religious thought to attribute the disposition of euery euent to the prouidence of God but to determine to what end those euents are directed by that high Wisedom is not farre from presumption Men are so straightly and religiously wedded to their owne opinions that they are perswaded that God loueth and fauoureth them as much as themselues But the things that happened afterwards shewed that the Cantons called Gospellers made greater progresse in the doctrine receiued after the death of these two a manifest Argument that it came from a higher cause then the labours of Zuinglius An agreement betweene the Protestants and the others was negotiated 1532 in Germanie by the Electors of Ments and the Palatine and many writings An agreement betweene the Protestants and the Catholikes was negotiated but could not be effected were made and changed because they gaue not full satisfaction to either of the parties This made the Emperour resolue that a Councell was exceeding necessary and hauing imparted his opinion to the French King he sent one to Rome by post to treat thereof with the Pope and Colledge of Cardinalls The Emperour made none account of the place prescribed nor of any other special condition in case Germany were so satisfied that the Protestants would The Emperor doth seriously negotiate a Councell be present and submit themselues which satisfaction the King also thought to be iust and offered to ioyne with him The Ambassage was deliuered to the Pope in these tearmes that the Emperor hauing vsed all means to reunite the Protestants to the Church by imploying authority threats treaties and iustice also nothing now remaining but either warre or a Councell in regard he could not take armes by reason of the Turkes preparations against him he was constrained to take the other resolution and therefore did beseech his Holinesse that imitating his Predecessours hee would bee content to graunt a Councell whereunto the Protestants would submit themselues without difficultie hauing offered diuers times to stand to the determination of one that is free in which the Iudges might bee men without partialitie The Pope who by no meanes would haue a Councell hearing the request and not being able to giue a plaine negatiue made a grant but so as The Pope consenteth to the Councell vpon such a condition as hee knew would not bee accepted that hee knew it would not bee accepted For the place hee proposed one of the Cities of the Churches State naming Bolonia Parma Piacenza cities capable to receiue and feed a multitude healthfull with a large territory round about whither the Protestants ought not to make difficultie to got because they should bee heard vnto whom hee would giue a full and ample safe conduct and himselfe would be there in person that euery thing might bee handled with Christian peace and no man wronged That hee could by no meanes consent to celebrate it in Germanie because Italie would not indure to be neglected and Spaine and France who in Ecclesiasticall matters yeeld vnto Italie for the prerogatiue of the Papacie which is proper vnto it would not giue place vnto Germanie and the authoritie of that Councell would bee little esteemed where onely Duch-men were present and some few of another nation For vndoubtedly the Italians French-men and Spaniards would not bee induced to goe thither The medicine is not in the power of the sicke but of the Physitian Therefore Germanie corrupted with the multiplicitie and varietie of opinions could not giue right iudgement in this subiect as Italie France and Spaine which are vncorrupted as yet and wholly perseuere in subiection to the Apostolicall Sea which is mother and mistris of all Christians For the manner of defining things in the Councell the Pope said there needed no words because no difficultie could arise therein except they would make a new forme of a Councell neuer vsed in the Church That it was manifest that none had voice in a Councell by right of the Canon but Bishops and Abbats by custome and some others by the Popes priuiledge the others that desire to bee heard ought to submit themselues to the determination of these euery Decree being made in the name of the Synod if the Pope bee not present in person but when hee is there euery Decree passeth vnder his name onely with the approbation of the Fathers of the Synod The Cardinals likewise spake in the same key The Cardinals will not beleeue that a Councell is necessary but alwayes interposed some reason to shew that a Councell was not necessarie so long as the determination of Leo stood in force which being executed all would be remedied and hee that will not referre himselfe to the determination of the Pope especially accompanied with the counsell of the Cardinals will much more despise all Conciliarie Decrees That it was manifest that the Protestants call not a Councell but onely to gaine time and to hinder the execution of the Edict of Wormes For they well know that the Councell cannot choose but approoue that which Leo hath determined except they would bee a conuenticle or vnlawfull assembly as all those bee who haue separated themselues from the doctrine and
himselfe for his owne part would willingly make present answere to the things proposed but because there are many Princes which haue receiued the same confession in the Diet of Ausbug it was not fit nor profitable for the cause to answere alone but an assembly being intimated against the 24. of Iune hee desired hee would bee contented to grant this short delay that he might receiue a more common and resolute conclusion The ioy and hope of the Nuncio was much increased The Nuncio is pleased with the delatory answere The answere of the Protestants assembled in Smalcalde who desired the delay had been rather of yeeres then moneths But the Protestants assembled at the aforesaid time in Smalcalde answered thanking the Emperor that for the glory of God and safetie of the common-wealth hee had taken paines to cause a Councell to bee celebrated which would bee in vaine if conditions were not obserued necessary for the curing of the diseases of Germanie which desireth that her controuersies may be defined with due order and hopeth to obtaine it for that the Emperour hath in many imperiall Diets promised such a one which by the mature deliberation of the Princes and States hath been resolued should be celebrated in Germanie in regard that many errors being reuealed by occasion of the Indulgences published in Sermons Pope Leo condemned the doctrine and the Doctors who discouered the abuses But that sentence was opposed by the testimonies of the Prophets and Apostles Whence did arise the controuersie which cannot be decided but in a Councell where the Popes sentence or the power of whosoeuer may not preiudice the cause and where iudgement may be giuen not according to the Popes lawes or opinions of the Schooles but according to the holy Scripture If this be not performed this so great a labour would bee taken in vaine as may appeare by the examples of some other Councels celebrated before Now the propositions of the Pope were contrary to this end to the petitions of the Diet and promises of the Emperour For though hee propose And their exceptions against the propositions of the Pope a free Councell in words yet in effect hee would haue it tied so that vices and errors may not be reprehended and himselfe may maintaine his power That that was not a reasonable demand that any man should bind himselfe to obserue the decrees before he know by what order maner or forme they are made whether the Pope desire to haue the supreme authoritie in him and his whether hee will haue the controuersies discussed according to holy writ or according to humane lawes and traditions That that clause also seemed captious that the Councell should bee made according to the old custome For it being vnderstood of that old when all was determined by the holy Scriptures they would not refuse it But the Councels of the next preceding age were much different from the other that were more ancient where too much was attributed to the Decrees of Popes and other men That the propose was glorious but it tooke absolutely away the libertie which was demanded and was necessary for the cause That they desired the Emperour to bee a meanes that all might passe lawfully That all men were in attention and stood in hope of a Councell and demanded it with vowes and prayers which would bee turned into great sorrow and vexation of minde if this expectation should bee deluded by giuing a Councell but not such a one as is desired and promised That there is no doubt but that all the States of the Empire and other Kings and Princes also will bee of the same opinion to auoid those snares and bonds with which the Pope thinketh to binde them in a new Councell to whose will if the managing of the affaires shall be permitted they will referre the whole to God and thinke of what they haue to doe Yet for all this if they shall bee cited with good and lawfull assurance in case they see themselues able to doe some thing for the seruice of God they will not refuse to appeare but with condition not to consent to the Popes demands nor to a Councell which is not conformable to the Decrees of the imperiall Diets In the end they prayed the Emperour not to take their resolution in ill part and to endeuour that the power of those be not confirmed who long since haue waxed cruell against the innocent The Protestants resolued not onely to send the answere to the Pope and the Emperour but to print it also together with the Nuncio his proposition which by the same Pope was iudged indiscreete and too open Therefore The Pope recalleth Hugo Rangone B. of Rheggio his Nuncio and putteth Vergerius in his place vnder colour that hee was old and vnable to beare that charge he recalled him and wrote to Vergerius Nuncio with King Ferdinand that he should take vpon him that place with the same instructions admonishing him to remember not to swarue by any meanes from his will or to giue eare to any 1534 CLEMENT 7. CHARLES 5. HENRY 8. FRANCIS 2. moderation though the King desire it that vnaduisedly he cast him not into some strait and constraine him to call a Councell which was not profitable for the Church or for the Apostolicall Sea While these things were in handling the Pope who fore-saw the answere which would come out of Germany before in Bolonia had conceiued but small confidence in the Emperour wholly aliened himselfe from his friendship For in the cause of Modena and Rheggio betweene his Holinesse and the Duke of Ferrara referred to him by the parties hee pronounced for the Duke For all which causes the Pope negotiated a confederation with the French King the which was concluded and established also by the mariage The confederation betweene the Pope and the French King is confirmed by marriage of Henry the Kings second sonne with Catherine de Medici the Popes great grand-child And to giue a compleat perfection to the whole businesse hee went to Marseilles in person to speake with the King But vnderstanding that this iourney was reprehended by all as not addressed to any publike respect but onely to make his house great hee iustified himselfe by saying hee vndertooke it to perswade him to fauour the Councell and to abolish the Lutheran heresie And t is true that there beside other treaties hee perswaded his most Christian Maiestie to deale with the Protestants especially with the Landgraue of Hassia who was to come to him into France to cause them to desist from demaunding a Councel proposing vnto them that they would seeke out any other way to accommodate the differences and promising his owne faithfull and effectuall helpe when time should serue The King did thus negotiate but could obtaine nothing For the Landgraue alleadged The French King treateth with the Landgraue of Hassia at the Popes request about the Councell that there was no other meanes
to hinder the desolation of Germany and that not to speake of a Councell was willingly to runne into a ciuill warre In the second place the King treated with them that they would be contented with a Councell in Italie But neither did the Germans agree vnto this for they sayd that this match was worse then the first because that constrained them onely to make warre but this cast them into a seruitude both of body and soule whereunto resistance could not be made but by a Councell in a free place yet condescending for his Maiesties sake to whatsoeuer they were able they would cease to demand to haue it celebrated in Germany so that another free place were appointed out of Italie though it were neere vnto it In the beginning of the yeere 1534. the King gaue the Pope an account 1534 of what hee had done and offered to bring to passe that the Protestants should bee contented with Geneua The Pope hauing receiued the aduise The Pope is displeased with the Propose of Geneua for the 〈◊〉 place of the Councell was vncertaine whether the King though his confederate and kinsman would be glad to see him in troubles or if in this particular hee wanted that discretion which he shewed in other affaires But hee concluded that it was not good to vse him in this matter And writing vnto him thanked him for his paines without answering to the particular of Geneua and hee incouraged many of the Courtiers whose mindes were troubled assuring them that by no meanes he would consent to such a folly But this yeere the Pope in stead of regaining Germanie lost the obedience He looseth the obedience of England of England by proceeding rather with choler and passion then with wisedome necessarie in so great negotiations The accident was of great importance and greater consequence which to declare distinctly it is necessary to begin from the first causes whence it had its originall Catherine Infanta of Spaine sister to the mother of Charles the Emperour was married to Henry the eight King of England and was before the wife of Arthure Prince of Walles Henryes eldest brother after whose death their father gaue her in marriage to Henry who remained successor by the dispensation The cause of Pope Iulio the second This Queene was with child often and alwayes either miscaried or brought foorth a creature of a short life except one only daughter King Henry either for displeasure against the Emperor or for desire of issue male or for some other cause conceiued a scruple in his mind that the mariage was not good and taking counsell of his Bishops separated himselfe from her company The Bishops treated with the Queene that shee would be contented with a diuorce saying that the Popes dispensation was neither good nor true The Queene would not giue eare to them but had recourse to the Pope to whom the King also sent to craue a diuorce The Pope who was still retired in Oruieto and hoped for good conditions in his affaires if the fauours of France and England which still they performed were continued by molesting the Emperour in the kingdome of Naples sent into England the Cardinal Campeggio delegating the cause vnto him and the Cardinall of Yorke From these and from Rome the King had hope giuen him that in the end the sentence should bee on his side Yea to facilitate The Cardinals Campeggio and Wolsie were delegated by the Pope to heare the cause of the Kings diuorce the resolution that the solemnities of the iudgement might not draw the cause in length a briefe was framed in which hee was declared free from that marriage with the most ample clauses that euer were put into any Popes Bull and a Cardinall sent into England with order to present it after some few proofes were past which he was sure would easily be made And The Pope caused his Briefe which he had made in fauour of the diuorce to be burned this happened in the yeere 1524. But Clement iudging it fitter for compassing his designes vpon Florence as hath beene declared in its proper place to ioyne himselfe with the Emperour then to continue in the friendship of France and England in the yeere 1529. hee sent Francis Campana vnto Campeggio with order to burne the Briefe and to proceed slowly in the cause Campeggio began first to draw the cause in length and after to make difficultie of performing the promises made to the King Whereby beeing assured that the Iudge and his aduersaries did collude hee sent to the Vniuersities of Italie France and Germanie for a consultation in his cause where amongst A consultation about the cause of diuorce the Diuines some were contrary and some fauourable to his pretension The greater part of the Parisians were on his side and some beleeued that the Kings giftes more perswaded them then reason But the Pope either to gratifie the Emperour or for feare that in England by meanes of the Cardinall of Yorke something might happen not according The Pope to gratifie the Emperour recalleth Campeggio to his minde as also to giue occasion to Campeggio to part from thence called the cause to himselfe The King impatient of delay either because he knew their cunning or for some other cause published the diuorce with his wife and married Anne Bullen in the yere 1533. yet still the cause depended before the Pope in which he was resolued to proceede slowly to The King in 〈…〉 yeth 〈◊〉 Bulle◠satisfie the Emperour and not offend the King Therefore some by points rather were handled then the merits of the cause And the disputation grew vpon the Article of the Attentats in which the Pope gaue sentence against the King declaring that it was not lawfull for him by his owne authoritie without the Ecclesiasticall Iudge to separate himselfe from his wife For which cause the King in the beginning of this yeere 1534 denied the Pope obedience commanding all his subiects not to carry any money to Rome The King causeth the Peter-pence to be denied the Pope nor to pay the ordinary Peter-pence This infinitely troubled the Court of Rome and dayly they consulted of a remedie They thought to proceede against the King with censures and to interdict all Christian Nations all commerce with England But the moderate Counsell pleased best to temporize with him and to mediate a composition by the French King King Francis accepted the charge and sent the Bishop of Paris to Rome to negotiate a pacification with the Pope where they still proceeded in the cause but gently and with resolution not to come to censures if the Emperour did not proceede first or at the same time with his forces They had diuided the cause into three and twenty Articles and then they handled whether Prince Arthure had had carnall coniunction with Queene Catherine in this they spent time vntill mid-lent was past when the nineteenth of March newes came that a
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
which maketh a iudiciall processe and saith that none can accuse or condemne GODs Elect because GOD doth iustifiethem where the iudiciall words to accuse and condemne doe shew that the word Iustifie is iudiciall also But the Franciscans approued habituall grace because charity it selfe is an habit And here was a sharpe disputation betweene them and the Dominicans whether the habit of Grace be the same with the habit of Charity as Scotus would or distinct as Saint Thomas and neither party yeelding they debated whether besides this Grace or inherent Iustice the Iustice of CHRIST also bee imputed to the iustified as if it were his owne which they did in regard of the opinion of Alvertus Pighius who confessing the inherent added that we must not trust in that but in the imputed iustice of CHRIST as if it were ours None doubted that CHRIST had merited for vs but some blamed the word to Impute and would haue it abolished because it was not to bee found in Fathers who contented themselues with the words Communication participation diffusion deriuation application computation and coniunction Others said that agreeing vpon the thing they ought not to differ vpon the word because it signifieth precisely the same that the others doe which though not by all and often yet sometimes was vsed For this the 109. Epistle of Saint Barnard was brought and Vega defended that though the word be not found in the Scriptures yet it is a most proper Latine word to say that the iustice of CHRIST is imputed to mankind for satisfaction and merit and that it is continually imputed to all that bee iustified and doe satisfie for their owne sinnes but hee would not haue it sayd it was imputed as if it were ours Whereunto it being opposed that Saint Thomas vseth to say that the passion of CHRIST is communicated to the baptized for remission as if himselfe had sustained it and died there was a long and great contention vpon his words The Heremite Generall held an opinion that in the Sacrament of Baptisme the Iustice of CHRIST is imputed because it is communicated wholly and intirely but not in penance when our satisfactions are also required But Soto sayd the word Imputation was most popular and plausible because it signified at the first sight that all should bee acknowledged from CHRIST but yet that he did euer suspect it in regard of the bad consequences which the Lutheranes draw from thence That is that this onely is sufficient without inherent righteousnes that the Sacraments doe not conferre grace that the punishment is abolished together with the guilt that there remaineth no place for satisfaction that all are equall in grace iustice and glorie whence they deduce also that abominable blasphemie that euery iust man is equall to the blessed Virgin This admonition begat such a suspicion in the hearers that there appeared a manifest inclination to condemne the word for hereticall though reasons were effectually replyed to the contrary The contentions betweene the Theologues did certainly arise from the immoderate affection they bare to their owne sect and were cherished by diuers for diuers ends By the Imperialists to constraine them to abandon iustification By the Courtiers to find a way to separate the Councell and so to auoid the imminent reformation And by others to free themselues from incommodities which they feared would be greater by reason of the dearth Contentions in the Councell are cherished by diuers for diuers ends A Iubily is published in Rome in which religion is declared to be the cause of the warâ—e against the Protestants and of the warre which approached and the rather because they had little hope to doe good But while they thus dispute in Trent the Pope published a Iubile in Rome the fifteenth of Iuly by which he eased the Princes of Germany of the paines to find out or perswade others the true cause of the warre For hauing largely declared in that Bull his pastorall affection and care for the saluation of men relating the perdition of soules by the increase of heresies and that to roote them out the Councell was alreadie begun hee bewailed aboue measure the obstinacie of the heretikes who contemne and refuse to obey it and to submit themselues to the determination thereof For remedie whereof he had made a League with the Emperour to reduce them to the obedience of the Church by force of Armes Hee therefore wished them all to haue recourse vnto GOD by prayers fastings confessions and communions that GOD of his Diuine Maiestie would giue a good issue to this warre vndertaken for his glory exaltation of the Church and extirpation of heresies The Emperour in conformity to his purpose of concealing the cause of The Emperours Bandâ— against the Sax on and Landgraue Religion the twentieth of the same moneth published a Bando against the Saxon and Landgraue laying to their charge that they had alwayes hindered his designes had neuer obeyed him made conspiracies against him mooued warre against other Princes of the Empire seased vpon Bishoprickes and other gouernments dispossessed many of their goods and couered all these things with the glorious and sweet name of Religion peace and liberty but hauing indeede rather any other end Therefore hee doeth prescribe them as perfidious rebels seditious guilty of high treason and enemies of the publike peace and commandeth that none doe assist them or be linked with them absolueth the nobility and people of their dominions from their Oath of fidelitie including all those in the Bando who perseuere to obey them The cause of the warre alleadged by the Emperour grieued the Pope and The Pope and the Emperour are offended one with another for alleadging diuers causes of the warre that of the Pope grieued the Emperor because both their ends were hindred For though the Pope pretended that he had published this Manifest that all the people of Christendome might implore the ayde of God to fauour the Emperours Armes yet both he and euery man of iudgement knew very well that it was to giue notice to Germany and the whole world that the warre was for Religion which the simpler sort also did know a little after For his letter to the Suisses before mentioned and a copie of the Capitulations made with Madruccio were published The Pope crossed Casar in this because hee desired the suppression of the Protestants without the exaltation of the Emperour and therefore to ballance them well hee meant to constraine all the professors of the new Religion to vnite against him And it is certaine that the Popes action hindered the Emperours designes For desiring the Suisses to continue their league with the house of Austria and Burgundy and not assist the rebels the Euangelikes answered that they would first be sure that the warre was not for Religion So it hapened that the warre being but newly begun diseords were already sowed betweene the Princes lately confederated The Potentates of Italie were amazed
first pleased them all The Legates accompanied with the Prelates went to the Church with the vsuall ceremonies on Thursday the thirteenth of Ianuary and held the Session where Andreas Cornarus Archbishop of Spalato sang Masse Thomas Stella Bishop of Salpi did preach and the Decrees of faith and reformation were read The first conteined sixteene heads with their prohemes and thirty three anathematismes After it had forbid to beleeue preach or teach otherwise then was constituted and expressed in that Decree it declared in substance 1. That neither Gentiles by naturall meanes nor Iewes by the letter of Moyses hath been able to free themselues from sinne 2. Whereupon GOD sent his Sonne to redeeme the one and the other 3. Who though he died for all yet those onely enioy the benefit vnto whom his merit is communicated 4. That the iustification of the wicked is nothing but a translation from the state of the sonne of Adam into the state of the adopted sonne of God by IESV CHRIST which after the publication of the Gospel is not done without Baptisme or the vow thereof 5. That the beginning of iustification in men of age proceedeth from preuenting grace which inuiteth to dispose themselues consenting and cooperating with it freely which they doe willingly and might refuse 6. The manner of the preparation is first to beleeue willingly the diuine reuelations and promises and knowing ones selfe to bee a sinner to turne from the feare of Gods Iustice to his mercie to hope for pardon from him and therefore to begin to loue him and hate sinne and finally purposing to bee baptized to begin a new life and keepe the commandements of God 7. That iustification followeth this preparation which is not onely a remission of sinnes but sanctification also and hath 5. causes the finall the glory of God and eternall life the efficient God the meritory CHRIST the instrumentall the Sacraments and the formall iustice giuen by God receiued according to the good pleasure of the holy Ghost and according to the disposition of the receiuer receiuing together with remission of sinnes faith hope and charitie 8. That when Saint Paul saith that man is iustified by faith and gratis it ought to be vnderstood because faith is the beginning and the things that precede iustification are not meritorious of grace 9. That sinnes are not pardoned to him that vaunteth and reposeth himselfe onely in the confidence and certainty of the remission Neither ought it to be said that onely faith doth iustifie but euery one as hee should not doubt of the mercie of God the merits of CHRIST and efficacie of the Sacraments so in regard of his owne indisposition he may doubt because he cannot know by certainty of infallible faith that he hath obtained grace 10. That the iust are more iustified by obseruing the Commandements of God and the Church 11. That it cannot be said that the Commandements of God are impossible to the iust who though he fall into veniall sinnes yet ceaseth not to be so that no man ought to relie on faith onely nor say that the iust sinneth in euery good action or committeth sinne if he do any thing for reward 12. That no man should presume hee is predestinated beleeuing that the iustified can sinne no more or sinning can promise himselfe repentance 13. That no man can promise to himselfe absolute certaintie to perseuere vntill the end but should put his hope in the assistance of God who will continue if man faile not 14. That those that are fallen into sinne may againe receiue grace beeing stirred vp from aboue to recouer it by repentance which differeth from baptisme because it containeth not only contrition but sacramental confession Priestly absolution at the least in vow and satisfaction besides for the temporall punishment which is not alwayes remitted altogether as in baptisme 15. That the grace of God is lost not onely by infidelity but by any mortall sinne though faith bee not lost by it 16. It proposeth to the iust the exercise of good workes by which eternall life is gained as grace promised by the mercie of God and a reward due to good workes by the diuine promise And it concludeth that this doctrine doth not establish any iustice of our owne refusing the iustice of God but the same is said to bee ours because it is in vs and of GOD being infused by him for the merit of CHRIST In fine to make euery one vnderstand not only the doctrine to be followed but that also which is to be auoided it addeth Canons against him that saith 1. That a man may bee iustified without grace by the strength of humane nature and doctrine of the Law 2. That grace is giuen to liue well with greater facilitie and to merit eternall life as if free The Canons will can doe it but with difficultie 3. That a man may beleeue loue hope or repent as he ought without the preuention or assistance of the holy Spirit 4. That free will excited by GOD doeth not cooperate to dispose vs to grace nor can dissent though it would 5. That after the sinne of Adam free will is lost 6. That it is not in the power of man to doe ill but as well bad as good workes are done not onely by Gods permission but by his owne proper working 7 That all workes done before iustification are sinnes and that a man sinneth the more by how much the more hee laboureth to dispose himselfe vnto grace 8. That the feare of hell which maketh vs abstaine from sin and to flie to the mercy of GOD is sin 9. That the wicked is iustified by faith onely without preparation proceeding from the motion of his will 10. That man is iustified without the iustice by which CHRIST did merit for vs or is formally iust by that 11. That he is iustified onely by the imputation of the iustice of CHRIST or onely by remission of sinnes without inherent grace and charitie or that the grace of iustification is onely the fauour of GOD. 12. That iustifying faith is nothing but confidence in the mercy of GOD who remitteth sinnes for CHRIST 13. That for remission of sinnes it is necessary to beleeue they are remitted not doubting of ones own indisposition 14. That man is absolued and iustified because he doeth firmely beleeue it 15. That he is bound by faith to beleeue that hee is in the number of the predestinated 16. That one may be certaine he hath the gift of perseuerance without speciall reuelation 17. That onely that the predestinated obtaine grace 18. That the Commandements of God are impossible to the iust 19. That there is no other Euangelicall precept but of faith 20. That the iust and perfect man is not bound to obserue the Commandements of God and the Church or that the Gospel is a promise without condition of obseruing the Commandements 21. That CHRIST is giuen for a redeemer not for a law-maker 22. That the iustified may
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
a criminall cause against a Bishop may not bee receiued by information but by witnesses and those of good fame chastizing them grieuously if they shall depose vpon Passion and the criminall causes of the Bishops may not be determined but by the Pope After this another Decree was published in which the Synode sayd The Decree concerning matters to be deferred vntill the comming of the Protestants That desiring to extirpate all errours it had handled foure Articles exactly 1. Whether it were necessary and commanded by GOD that all the faithfull should receiue the Sacrament vnder both kindes 2. Whether hee that receiueth but one receiueth lesse then he that receiueth both 3. Whether the holy Church hath erred in communicating the Laiques with the bread onely and the Priests who doe not celebrate 4. Whether children ought to bee communicated But because the Protestants of Germany doe desire to bee heard concerning these Articles before the definition and therefore haue demanded a Safe Conduct to come remaine speake freely propose and depart the Synode hoping to reduce them into the concord of one faith hope and charity by yeelding to them hath giuen them publique faith that is Safe Conduct as farre as it can according to the tenor vnder-written and hath deferred to define these Articles vntill the twenty fiue of Ianuary the next yeere ordaining withall that the Sacrifice of the Masse be handled in that Session as a thing annexed and that in the next the Sacraments of Penance and extreame Vnction be discussed The tenour of the Safe Conduct was That the holy Synode doeth as The tenor of the Safe Conduct much as it can grant publike faith full security that is Safe Conduct with all necessary and fit clauses though they require a speciall expression to all Ecclesiasticall and Secular persons of Germany of what degree state or quality soeuer who will come to this generall Councell that they may with all liberty conferre propose treate come remaine present Articles by writing or by word conferre with the Fathers deputed by the Synode and dispute without iniury and ill words and depart when they please And the Synode is further pleased to grant that if for their greater liberty and security they shall desire that Iudges bee deputed for the offences which they haue committed or shall commit though they be enormous and sauour of heresie The Ambassage of the Elector of Brandeburg they may name those that they shall esteeme fauourable After this the Mandate of Iâ—achim Elector of Brandeburg was read in the persons of Christopher Strassen a Lawyer and Iohn Osman his Ambassadours sent to the Councell The former made a long Oration shewing the good affection and reuerence of his Prince towarde the Fathers without declaring what his opinion was in point of Religion The Synode answered that is the Speaker in its name that it heard with great content the Ambassadours discourse especially in that part where that Prince doth submit himselfe to the Councell and promiseth to obserue the Decrees hoping that his deedes will be answerable to his wordes But the Proposition of those of Brandeburg was noted by many because the Electour was of the Augustane confession and it was openly knowen that his interests did mooue him to make such a faire shew that his sonne Fredericke elected Archbishop of Magdeburg by the Canons a Benefice vnto which a very great and rich principallitie is annexed might not be hindered at Rome and by the Catholiques in Germanie The answere which the Councel gaue was much matueiled at in regard An artifice vsed by the Councel often practised by the Church of Rome of the faire and aduantagious manner of contracting pretending ten thousand by vertue of the promise when the bargaine was but of ten For there is no more proportion betweene these two numbers then was betweene the reuerence promised by the Electour and the obedience receiued by the Synode It was replied for defence that the Councell did not regard what was but what should haue been sayd and that this is an vsuall and pious allurement of the holy Church of Rome which yeelding to the infirmitie of her children maketh shew to beleeue that they haue performed their duetie So the Fathers of the Councell of Carthage writing to Innocentius the first to giue him an account that they had condemned Celestinus and Pelagius desiring him to conforme himselfe to their declaration hee commended them in his answere that remembring the old Tradition and Ecclesiasticall discipline they had referred all to his iudgement whence all ought to learne whom to absolue and whom to condemne And indeed this is a faire gentle meanes to make men speake that in silence which they will not in words Afterwards according to the intimation made to the Abbat of Bellosana to giue him then an answere to the Letters and Protestation of his Master they made the Apparitors demaund by proclamation at the Church doore whether any were there for the most Christian King But no man appearing because it was so concluded by the Kings Counsel not to enter into the contestation of the cause especially for that they could expect no answere but made at Rome by the Pope and the Spaniards the speaker did desire that the answere decreed might be read publikely and so it was by consent of the Presidents The substance of it was That the Fathers conceiuing great hope of the fauours of the King were exceedingly grieued for the The answere of the Councell made to the Abbat of Bellosans words of his Minister which did much abate it yet they had not quite lost it in regard they were not conscious of hauing giuen him any cause of offence and for that hee said the Councell was assembled for the profit of some fewe and for priuate ends it had no place in them who were assembled not by the present Pope onely but by Paulus the third to extirpate heresies and reforme discipline then which causes none can bee more common and pious praying him to let his Bishops goe to assist this holy worke where they shall haue all liberty And if his Minister a priuate person who brought vnto them things distastfull was heard with patience and attention how much more welcome shall persons be of so great dignitie Adding withall that though they come not the Councell will not want reputation or authoritie hauing been lawfully called and for iust causes restored And for that his Maiestie did protest to vse the wonted remedies of his Ancestors the Synode had good hope that hee would not restore the things long since abrogated to the great benefit of that Crowne but looking backe vpon his Ancestors on the name of the most Christian King and on his father Francis who did honour that Synode following that example hee will not bee vnthankefull to GOD and the Church his mother but will rather pardon priuate offences for publike causes The Decrees of the Session were immediatly printed which
held wherein the dilation made vntill the comming of the Protestant Diuines should be published and Fathers elected who together with the Nuncio of Sponto should make the Decree the Protestation and Safe Conduct The Emperours Ambassadours desired to haue the draught of the Safe Conduct before it was published to shew it the Protestants that if it did not giue them satisfaction it might be so amended that they might not haue occasion to refuse it as they did the other The dayes following were spent in the things aforesaid which beeing An exhortation of the Emperours Ambassadour Pictauius to the Protestants finished the Emperours Ambassadours called the Protestants to them and the Ambassadour Pictauius hauing made an eloquent encomiastique oration of the goodnesse and charitie of the Fathers and exhorted them to giue some little part of satisfaction to the Councell as they receiued much from it told them that it was concluded to receiue their Mandats and persons and to heare their propositions and to deferre the conclusion of the points of doctrine though already discussed and digested to expect the Diuines and heare them first That they should haue a very ample Safe Conduct as they desired whereof the draught was made And hee was copious in shewing that these were memorable fauours and graces saying it was necessary to yeeld something to the time and not to desire all at once that when they shall bee entred into the businesse occasion will make them obtaine many things which before seemed hard that the Fathers doe desire the comming of the Diuines that themselues the Emperours Ambassadours haue matters to propose of great moment and doe stand onely expecting that the Protestants should beginne that afterwards they may come foorth themselues also For this cause he prayed them to proceed slowly in their demand that the Pope should submit himselfe to the Councell For the Fathers doe know that there is some thing to bee amended in the Papall greatnesse but withall that they must goe on cunningly that themselues haue dayly experience what dexterity and Art must bee vsed in treating with the Popes Ministers Likewise the reexamination of the things already concluded was not to be proposed in the very beginning because it would bee too great an infamy and dishonour to the Councell Therefore let their Diuine come who should haue a conuenient audience in all things and when they shall see themselues wronged it shall euer be free for them to depart The Protestants retyring themselues and considering the draught of the safe Conduct were not content because it was not like to that of Basill in which foure things more were granted to the Bohemians 1. That they should haue a decisiue voyce 2. That the holy Scripture the practise of ancient Church the Councels and Interpreters conformable to the Scripture should bee Iudges 3. That they might exercise their religion in their houses 4. That nothing should be done in contempt and disdaine of their doctrine Of Who are not content with the forme of the Safe Conduct these foure the second was different from that which was graunted in this draught and the three others were totally left out They suspected also because the Councell did not promise them security in the name of the Pope and Colledge of Cardinals as did that of Basil Yet they resolued not to make mention of this but to demand the inserting of the other 4. clauses and told the Emperours Ambassadours plainly that they could not receiue it in this forme because they had this expresse commission in their instructions Toledo shewed some disdaine that they should not content themselues with that which he and his Colleagues had obtained with so much paines that the chiefe importance was in the security of comming and departing and that the residue appertained to the maner of their negotiation which might more easily be concluded by the presence of the Diuines that it was too much obstinacie to yeeld in nothing and to desire to giue lawes alone to the whole For which cause Toledo the Emperors Ambassadour is offended Church But it not being impossible to remoue them with these reasons from their resolution they said in the end that they would referre it to the Fathers to whom they restored the draught of the safe Conduct with the additions which were required The Legate and presidents vnderstanding the request and resolution of the Protestants shewed the Emperours Ambassadours how vniust and vnmeet their demands were For in the forme or that of Basil they neuer found that it was granted to haue a decisiue voyce in the Councell but that the Scripture practise of the Church Councels and Doctours who ground themselues on it should bee Iudges is sayd because the practise of the Church is called by the name of Apostolicall Tradition and when it is said the holy Fathers it is vnderstood that they ground themselues on the Scripture because they haue no other gounds The third to exercise their Religion in their owne houses is vnderstood with condition that it bee not knowen and done without scandall The prohibition that nothing shall bee done in contempt of them is expresse when it is promised that by no meanes they shall bee offended Therefore that it did appeare that they complayned without cause onely to cauill and in regard there is no hope to content them there doeth remaine nothing but to giue them the Safe Conduct as it is made and to leaue them to their liberty to make vse of it or not The Earle of Mountfort replied that nothing could bee more seruiceable to the publique cause then to take from them all pretences and cauils and to make them vnexcusable to the world therefore in regard there was no reall difference betweene the Safe Conduct of Basil and this to stoppe their mouthes that might bee copied out Verbatim changing onely the names of the persons places and times The Presidents mooued with that subtile and strict answere looked one vpon another and the Legat taking the matter vpon him answered that it should be referred to the Fathers in the Congregation and resolued according to their determination The Presidents did recommend the cause of GOD and the Church euery one to his familiar friends To the Italians and Spaniards they said that it was great iniury to bee compelled to follow a company of Schismatiques who haue spoken vnaduisedly and contrary to Christian doctrine and bound themselues to follow the Scripture onely But vnto all in generall they sayd it would be a great indignitie if the Councell should so speake as that an inextricable dispute should presently arise For in setting downe what Doctors doe ground themselues vpon the Scripture they should neuer agree that it was honourable for the Councell to speake plainely and that the expression made was iust the declaration of the Councel of Basil And such perswasions they vsed as that almost all were resolued not to change the draught hoping that though the Protestants
liberty and the Protestant Preachers are recalled The Diet is deserted yeare in many parts betweene diuers Princes and Cities of the Empire But the Cities recalled their Preachers and Doctors of the Augustan Confession and restored the Churches Schooles and exercise of Religion and though in regard of the banishments and persecutions against the Doctours and Preachers there remained but few of them and those concealed vnder the protection of the Princes yet as if they had risen againe there wanted not to furnish all places The warre hindred the assembling of the Diet disseigned and deferred it from one yeere to another vntill February 1555. whereof wee will speake in the fit place THE FIFT BOOKE OF THE HISTORY OF THE COVNCELL OF TRENT THe Pope now freed from many cares by the dissolution of the Councell thought fit to preuent all occasions of relapse and proposed in Consistory the necessity to reforme the The Pope maketh a great shew that hee will reforme the Church Church He said he had reduced the Councel to Trent for this end which hauing not succeeded according to his desire in regard of diuers accidents of warre first in Italy then in Germany it was meete to doe that in Rome which in Trent could not be done Hee appointed therefore a great congregation of Cardinals and Prelates to consider of the businesse Hee sayd hee elected many that resolutions might bee more mature and haue greater reputation though his ende was thought to bee that by reason of the multitude more impediments might arise and so all might come to nothing And the euent was iudge For the Reformation was handled in the beginning with great heate afterwards it went on for the space of many moneths very coldly and at the last was buried in silence And the suspension of the Councell in The suspension of y e councel made for two yeeres lasteth ten stead of two yeeres did continue tenne verifying the maxime of the Philosophers that the causes ceasing the effects doe cease also The causes of the Councell were first the great instances of Germanie and the hope conceiued by the world that it would cure all the diseases of Christendome But the effects that were seene vnder Paul the third did extinguish The causes of the two Conuocations of the Councel the hope and shew to Germanie that it was impossible to haue such a Councell as they desired Of the second reduction of the Synode there was another cause which was the great desire of Charles the Emperour to put Germanie vnder his yoke by meanes of Religion and to make the Empire hereditarie by causing his sonne to succeede him and so to erect a Monarchie greater then any since the Roman euen then that of Charles the great For this the victories hee had obtained was not sufficient 1553 I 〈…〉 3. 〈…〉 CHARLES 〈…〉 EDWARD 〈…〉 HENRY 〈…〉 neither did hee thinke hee could supply what was wanting by new forces onely but supecting the people vnto him by Religion and the Princes by treaties hee had conceiued a vast hope to immortallize his name This was the cause why hee was so earnest with Iul 〈…〉 for the second Conuocation of the Councell and of his effectuall persâ—asions not to call them violent Charles vseth meanes to make the Empire hereditary to the three Electors to goe thither and to the Protestents with whom hee had power to send their Druines But while the Councell was celebrated Charles hauing put all Christian Princes in iealousie found the first encounters in his owne house For Ferdinand though hee seemed formerly to haue consented to make the Empire common to them both as it was to Marcus and Lucius with equall authority an example followed by Dioclesian and many others afterwards and then to labour that Philip should bee chosen King of the Romanes to succeed them wherein Charles had employed But cannot effect it his sister the Queene of Hungary to perswade him to it for the aduancement of their house yet better aduised by his sonne Maximilian hee began to change his opinion To effect this businesse already set on foote Philip was called by his father that hee might bee knowen to the Electors in the Diet of Ausburg in the yere 1551. which made Ferdinand retire himselfe the foresaid Queene to goe thither to make peace betweene the brothers But Maximilian fearing that his father out of his good nature would yeeld leauing the gouernment of the Kingdomes of Spaine which the Emperour had giuen him in the hands of his wife the Emperours daughter returned suddenly into Germanie by whose perswasions Ferdinand remained constant in his purpose and Charles had nothing from the Electors but good words By this opposition the Emperours edge was abated who sent his sonne backe into Spaine without hope euer to obtaine the consent of Maximilian And afterwards being compelled by the foresaid warre to make an agreement despairing of his sonnes succession he layd aside all thought of restoring the ancient Religion in Germany and by consequence all care of the Councel though he continued many yeeres after in the Empire And the Court did care for it as little because none did desire it But diuers accidents then happened Which causeth him to lay aside all care of Religion and of the Councel which though they seemed to make the suspension perpetuall yet in the secret prouidence of God did minister causes for the third Conuocation which the continuation of the story requireth should not bee passed ouer in silence in regard the knowledge of the causes doeth helpe much to penetrate the effects which happened after that the Councell was resumed The Pope seeing that the people of his obedience did not so much esteem him by reason of the alienation of Germany did imitate Eugenius the fourth 1553. who maintained the reputation which the Councell of Basill tooke from How y e Pope maintained his reputation him by a shew of Grecians and a shadow of Armenians and the late example of his predecessour Paulus 3. who when the contentions were hoâ—e betweene him and the Emperour for the translation of the Councell to Bolonia for which the people also did distaste him receiued with many ceremonies on Steuen by the name of Patriarke of Armenia the greater with one Archbishop and 2. Bishops who came to knowledge him for the Vicar of CHRIST and generall commander of the Church and to render him obedience According to these examples Iulius did receiue with much publike solemnitie one Simon Sulâ—akam elect Patriarke of all the people which are betweene Euphrates and India sent from those Churches to be confirmed by the Pope successour of Peter and Vicar of CHRIST Hee ordained him Bishop and gaue him the Patriarchall Robe with his owne hands in the Consistory and sent him backe to his home that the Churches might not suffer in his absence accompanied with some religious men who vnderstood the Syriaque tongue All the discourse was not
conspiracie so that they disarmed within 24. houres Afterwards the King by his Edict pardoned all the reformatists vntill they returned to the Church Hee forbade all assemblies for Religion and committed to the Bishops the hearing of the causes of heresie This displeased the Chancellor though hee consented for feare the Spanish Inquisition would bee brought in as the Guisards desired The humors mooued were not quieted by the punishment of the Conspirators and the pardons published nor the hopes laid aside which they had conceiued to haue libertie of religion yea greater tumults of the people were raised in Prouence Languedoc and Poitou whether the Preachers of Geneua The Protestants doe increase by meanes of the Preachers of Geneua were called and came willingly by whose Sermons the number of the Protestants did increase This generall and sudden combination made the gouernours of the Kingdome resolute that there was neede of an Ecclesiasticall remedie and that very quickly and a Nationall Synode was proposed by the whole Councell The Cardinall of Armignac said that nothing was to be done without the Pope that he alone was able to make prouision that they should write to Rome and expect an answere To which opinion some few Prelats did adhere But the Bishop of Valence said that a sudden remedy could not be expected from the Pope because he was farre distant nor a fit one because hee was not informed of the particular necessity of the Kingdome nor a charitable one because he was busied in making his Nephewes great that GOD had giuen to all kingdomes all things necessary to gouerne them that France had Prelats of its owne to regulate the causes of religion who better know the wants of the kingdome that it would bee a great absurditie to see Paris burne hauing the riuers of Some and Marne full of water and to beleeue that water must be brought from Tiber to quench the fire The resolution A Nationall Synod is intimated in France of the Councell was that there beeing neede of a strong and sudden remedy the Prelates of the Kingdome should assemble to finde a way to hinder the course of these great mischiefes and the eleuenth of Aprill the Synod was intimated for the tenth of September But that the Pope might not take it in ill part a Curriet was dispatched to Rome to giue him an account of the resolution and to enforme him of the necessity of that remedy and to pray him not to take it amisse The Ambassador represented to his Holinesse the infection of the kingdome and the dangers and the hope which the King had of some good remedy by a generall Conuocation of the Prelats without which he saw no meanes to make an effectuall pouision Therefore hee was forced not to deferre longer nor to expect remedies from places romote which were vncertaine and long in comming and to vse that which was in his owne power and he added that no constitution of that Synod should bee of force before it were confirmed by his Holinesse The Pope on the contrary did grieuously complaine that the King had pardoned the errours committed against religion euen of The Pope blameth the French King for pardoning hereâ—â—kes those who did not aske it wherein none had power but himselfe And what King is there hee sayd who thinketh hee is able to pardon offences against GOD That it is no maruell if by the iust wrath of GOD there be so many tumults in that kingdome where the Sacred Canons are disesteemed and the Popes authority vsurped He said that the assembling of the Prelats would doe no good yea would cause a greater diuision that he had proposed a generall Councel which was the onely remedy that the cause why it was not essembled already proceeded from them who would not haue it that hee was resolued to celebrate it though it were desired by none but And will not approue the Nationall Synod would not by any meanes consent to the assembly of the Prelates either in France or elsewhere that this was neuer tolerated by the Apostolique Sea that if euery Prince should celebrate Councels of himselfe a confusion and separation of the Church must needes follow Hee complained much that the assembly was first intimated and then his consent demanded which hee must needes thinke was done with small respect of the head of the Church to whom all Ecclesiasticall affaires are to bee referred not to giue him an account when they are done but to receiue from him authority to doe them that the Edicts published did inferre an Apostasie in that kingdome from the Sea of Rome for remedie whereof hee would send an expresse Nuncio to make his will knowen to the King Hee sent the Bishop of Viterbo with instruction to shew him that a Nationall But sendeth a Nuncio into Spaine to disswade it Councell of that Kingdome would bee a kinde of Schisme from the vniuersall Church giue a bad example to other nations and make his Prelates proud assuming greater authoritie which diminution of his owne that it is generally knowen how earnestly they desire the restitution of the Pragmatique which they would first of all bring in by which meanes the King would lose his whole collation of the regalities and the presentation of the Bishoprickes and Abbies whence it would follow that the Prelats not acknowledging the power of the King would refuse to obey him And yet with all these inconueniences the euils which do now presse him would not be prouided against For the heretikes doe professe already that they esteeme not the Prelates so that whatsoeuer they should doe would bee opposed by the Protestant Ministers if for no other cause because it was done by them that the true remedie was to make the Prelates and other Curates reside and keepe their flockes opposing the furie of the woolues and to proceed in iustice against those who are iudged to bee heretiques by the iudges of faith and where it cannot bee done in regard of the multitude to vse force of armes to compell all to the performance of their duetie before the contagion doth increase that all these things beeing done now all differences might bee compleatly endded by the celebration of the generall Councell which hee would immediatly intimate that if the King would resolue to reduce the contumacious to obedience before they did more increase in number and strength hee promised to assist him with all his power and to labour that the King of Spaine and Princes of Italie should doe the like But if hee would not bee perswaded to compell his Subiects by force the Nuncio had instruction to propose vnto him that all the mischiefe which troubleth France and the poyson which infecteth that Kingdome and the neighbour places commeth from Geneua that the extirpation of that roote And to perswade y e King to make ware against Geneua would take away a great nourishment of the euill that making warre out of the Kingdome hee
conformity of that which hee spake to the Ambassadours Yet hee neuer talked of the Councell but hee cast foorth some seed of a contrary herbe which might hinder the birth of it or choke it afterwards being assured that when the affaires of the world did stand so that the life of it might doe him seruice hee could roote out that which hee had sowed vpon it Hee told the same Ambassadours apart some more plainely some in iest that to call the Councel with profit it was necessary to thinke more of the end then of the beginning and of the execution then of the Conuocation prosecution that the Conuocation belonged to him alone the prosecution to him and the Prelats the execution to the Princes and therefore that it was meet that first of all they should binde themselues to it and make a league and elect a generall Captaine to goe against the disobedient to execute the determinations of the Councell considering that without this it would be fruitlesse and dishonourable to the Apostolike Sea and to those Princes who had sent Ambassadours and afforded fauour and assistance The Pope did not receiue a conformable answere from his Nuncij The The French King doth not thinke Trent a fit place for the Councell King of Spaine commended the Councell approoued the place of Trent promised to send his Prelates to it and to fauour it by all other meanes but added that it was not fit to doe any thing without the good will of the Emperour and French King The answere of this King was that hee approoued the celebration of the Councell but not the place of Trent alleadging that his Prelates could not goe thither and proposing for places more fit Constance Triers Spire Wormes or Aganoa Hee intimated also that they ought not to make a continuation of the things begun in Trent but to abandon Nor that the doctrines already discussed there should be maintained without reexamination them quite and make a whole new Councell This answere troubled the Pope who thought it did not proceede from the Kings owne motion but from the Hugonots But the Emperour sent a long writing in which hee sayd hee could promise nothing for the Princes of Germany before hee knew their opinion which he could not doe without a Diet which if hee would call it was necessary not to name the Councell because the Princes would not goe thither but pretending another cause to call it hee might afterwards speake Of whose opinion the Emperour is of it by occasion Hee added that for his patrimoniall States hee had no hope to bring them to the Synode without graunting them the Communion of the Cuppe and marriage of Priests and without a good reformation were made but aboue all that no mention ought to bee made of a continuation of the things begun in Trent For the Lutheranes would neuer consent otherwise yea the very name of Trent would make them refuse And he proposed Constance or Ratisbon The Pope saw that the proposition of a Diet did require the time of a yeere and perhaps of two and was glad of it but was sory that the occurrences of France required haste He told euery one to shew his forwardnesse that he cared not for one place more then another and would take Spire Collen or any other Citie which pleased the Emperour so that the Bishops might come and goe in safetie it not being conuenient to secure those who haue no voyce in the Councell and leaue others without securitie who certainely haue But it was not fit to speake of reuoking what was done in Trent saying he would spend his blood in maintaining it it beeing a matter of faith Concerning that which is of humane constitution as the Communion of the Cup and marriage of Priestes these prohibitions beeing made for a good end as hee would not take them away of himselfe which he had power to doe so he would referre all to the Councell howsoeuer hee saw they would neuer forsake their opinion whatsoeuer was granted them Hee complained of the Emperours weakenesse who feared his owne sonne no lesse then others and then desired the Prelates should be sent into Germanie where hee declared he had not power to secure them that he would goe to Constantinople so that hee might haue securitie which could not be expected from the Emperour that the Germans were almost in Heretiques and the King of the Romanes more potent then his father in the â—egarded not one place more then another so that it were in Italy which onely is secure for the Catholiques Therefore he answered the French King and the Emperour in generall The Popes answere to them both terme that hee was content with any secure place saying that the securitie of the Councel hath alwayes beene esteemed necessary and was now as much as euer without making particular opposition against the places named by them But in his answere to the Catholique King hee commended his good mind and confirmed him in his purpose and for the subsidie he desired hee interposed diuers difficulties as well to maintaine the profits of the Church as not to offend him and make him his opposite in the time of the Councell The affaires of the Catholiques waxed euery day more difficult For the The Low-countrey men wax peremptory against their King Hugonots in France grew stronger and in Scotland liberty of Religion was granted to all by publique decree and in Flanders the humors were prepared to stirre vpon the first occasion which the King did appease by proceeding slowly graunting them what they would though to his owne losse and indignitie First they refused to contribute to the King before the Spanish souldiers were remooued out of the Countrey when these were dismissed they would pay to none but to the people of their owne Countrey and onely for the guard of strong places and those not to depend of the Kings Ministers The King endured all knowing that euery little distaste would make them set on foote the pretence of Religion and expected vntill the heat were extinguished which he did the rather because it was discouered that the seedes of the new opinions in Spaine were not dead but onely couered for feare and that in Sauoy there were more heretiques besides the old Waldenses But the Court of Rome was grieued most of all that the Pope hauing by his nephew Marcus Altemps who afterwards was Cardinall perswaded the King of Bohemia to be a good Catholique with many promises of honours and profits intimating the succession of the Empire which he would hardly obtaine in case he should doe otherwise was answered by the King that hee The answere of Maximilian to y e Popes nephew concerning his Religion thanked his Holinesse but that his soules health was more deare to him then all the things of the world which answere they sayd in Rome was a Lutheran forme of speach and signified an alienation from the obedience of that Sea and
voyce deliuered in the Congregations and of all the voyces of others which were any way remarkeable Of this number 34. came into my hands in that forme as they were deliuered and of the others I haue vnderstood the conclusion onely but here nothing is to be related but that which is of note The Patriarke of Ierusalem said That this Article had been handled and The Suffrage of the Patriarke of Ierusalem concerning Residence discussed in the first Councell and concluded that to cause residence there are two prouisions One to constitute punishments for those who doe not reside another to remooue the impediments which doe hinder residencie The first was fully ordered in the sixt Session neither can any thing bee added in regard the losse of halfe the reuenues is a very great pecuniary punishment then which a greater cannot be imposed without making the Bishops beggars If the contumacie bee excessiue there can bee no greater punishment except depriuation which requiring one to execute it which must needs be the Pope in regard the ancient vse of the Church was to reserue to that Sea the hearing and determining of the causes of Bishops that sixt Session referred it to his Holinesse to finde a remedie either by meanes of a new prouision or otherwise and bound the Metropolitane to aduise him of the absence For the second they beganne to make prouision and in that and other Sessions many Decrees were made to take away many exemptions which hindered the Bishops to exercise their charge Therefore it now remaineth onely to continue and to remooue the residue of the impediments electing a certaine number of Fathers as then was done to make collection of them that they may bee proposed and prouided for The Archbishop of Granata added that a more potent and effectuall remedie The suffrage of the Arch-bishop of Granada was proposed in that Councell that is that the obligation of Residence was by the Law of God which was handled and examined tenne moneths together and that if that Councell had not been interrupted it would haue beene decided as a necessary yea as a principall article of the doctrine of the Church and was then not onely discussed but the reasons vsed by diuers were put in print also so that the matter is prepared and digested and nothing now remaineth but to giue it perfection When it shall be determined that residencie is de iure Diuino all hinderances will cease of themselues the Bishops vnderstanding their duety wil thinke on their owne conscience they will not be reputed hirelings but Pastors who knowing that the flocke is giuen to them by God to whom they must make an account without laying the fault on others and being assured that dispensations wil neither saue nor helpe them they will apply themselues to performe their duety And he proceeded to proue with many authorities of the New and Old Testament Is approved by the maior part and exposition of the Fathers that this was the Catholike truth This opinion was approoued by the maior part of the Congregation the maintainers whereof laboured to bring authorities and reasons Others did reiect it and said it was new neuer defended neither by antiquity And reiected by others nor by this age before Cardinall Caietan who set the question on foote and maintained that part which notwithstanding hee did abandon in his old age because hee tooke a Bishopricke and did neuer reside that the Church hath euer held that the Pope might dispense that Non-residents haue alwayes beene punished and reprehended as transgressors of the Canons onely and not of the Law of God that indeede it was disputed in the first Councell but the disputation was held to be so dangerous by the Legats men of great wisedome that they did cunningly cause it to bee buried in silence that this example ought to be followed and that the bookes which haue beene written since haue giuen great scandall to the world and made knowen that the disputation proceeded from partiality For the authorities of the Scripture and Fathers they are onely exhortations to perfection neither is there any substantiall proofe but out of the Canons which are Ecclesiasticall lawes Some held opinion that there was neither place nor time nor opportunity to handle that question that no good could come by the determination of it but danger of many inconueniences that the Councell was assembled to extirpate heresies not to make Schisme among the Catholiques which would happen by condemning an opinion followed if not by the greater part yet by one halfe at the least that the authours of that opinion haue not inuented it for trueths sake but the more to vrge men to reside with small ground of reason in regard that the Lawes of GOD are not more diligently obserued then the Lawes of the Church that the precept for keeping of Lent is more strictly obserued then those of the Decalogue that if to confesse and communicate at Easter were commanded by GOD The lawes of the Pope are more strictly obserued then the lawes of God more would not doe it then now doe that to say Masse with Copes is an Ecclesiasticall law and yet no man doth transgresse it hee that doth not obey the penall commands of the Canons will transgresse much more when hee feareth onely the iustice of GOD neither will any Bishop be mooued with that determination but it will giue occasion to plot rebellions against the Apostolique Sea to restraine the Popes authority and as some haue been heard to whisper to depresse the Court of Rome that that was the ornament of the Clergie which is respected in other places onely in regard of it that if it should be depressed the Church would euery where be lesse esteemed and therefore that it was not fit to handle such a businesse without imparting it to his Holinesse and Colledge of Cardinals to whom it doeth principally belong The opinion of Paulus Iouius Bishop of Nocera is not to be omitted who The Suffrage of Paulus Iouius Bishop of Nocera said in substance That certainly the Councel was assembled to cure a great wound which is the deformation of the Church the cause whereof as all are perswaded is the absence of the Prelats from their Churches which beeing affirmed by all is perhaps not sufficiently considered by any But it is not the part of a wise Physician to take away the cause before hee be well assured that the remoouing of it will not cause greater diseases If the absence of Prelats hath beene the cause of the corruptions there will bee lesse deformation in those Churches where they haue resided The Popes for these hundred yeeres haue continually sate in Rome and vsed all diligence to instruct the people yet we doe not see that that citie is better gouerned then others The great capitall Cities of Kingdomes are most out of order where the Prelats haue alwayes resided on the contrary some poore cities which haue not
so that open buying and selling was easily brought in which in the orientall Church could neuer be corrected though many Canons and censures were made against it Yet it was much diminished because God tooke from them by the rod of the Saracens a great part of their goods And in the West though it was much reprehended by good men yet it continued in some places more in some lesse vntill about the yeere 1000. the ordination was diuided from the collation of the Benefice for which cause that did beginne to passe for nothing and Simony did still continue in this and that more openly then before And this abuse did alwayes increase though vnder diuers names of Annates small seruices writing seale and other pretences which the Church still vseth with small hope that they can euer be taken away vntill CHRIST come againe with his whip ouerthrow the tables of the money changers and chase them out of the Temple But the ordination which being separated from the Benefice had the fortune to bee conferred freely did inioy it but a small time For the Bishops esteeming it vnprofitable and base and regarding more the other which yeelded fruit left off by little and little to administer the ordinations so that titular Bishops were instituted who performed the Pontificall Ecclesiasticall ministeries and the true Bishops busied themselues in the temporall onely Those hauing no reuenues were forced to maintaine themselues by the administration of those functions Whereupon hee that receiued Order was compelled to contribute first by the name of almes or offering afterwards to make it more honourable by the title of donatiue or present and proceeding further that it might not bee omitted as being a duetie it was couered with the name of reward not of the Ordayner but of his seruants or of the Notarie or of some other who serued him in the ordination Therefore in this Article it was proposed that the abuse occurring in the collation of Benefices should not bee spoken of as beeing an infirmitie not curable with any remedie but death Concerning which the Prelates were diuided not by opinions or affections but by qualitie of persons The rich Bishops condemned the receiuing of any thing either for themselues or their officers or Notaries as Simonicall and sacrilegious bringing the example of Iehesie seruant of the Prophet Elizeus and of Simon Magus and of the seuere commaundement of CHRIST Giue freely as you haue receiued They alleadged also many exaggerations out of the Fathers against this sinne saying that the names of a voluntary donatiue or almes are vaine colours repugnant to trueth because the gift is bestowed for the Order without which it would not haue beene giuen And if it bee an almes why is it giuen vpon that occasion onely let it be made at another time and Orders conferred without the interuention of any thing But the mischiefe is that if one should tell the Ordainer that hee gaue him an almes hee would hold it for an iniurie nor would receiue it at another time Therefore they ought not to beleeue that they could deceiue God and the world They concluded that an absolute Decree ought to bee made that nothing should bee giuen though willingly or vnder the name of almes nor receiued not onely by the Ordainer but also by any of his or by the Notarie vnder the name of writing seale paines or any other Pretence whatsoeuer But the poore Bishops and the Titular sayd to the contrary that as to giue order for a price was a wicked sacriledge so to take away almes so much commended by CHRIST did destroy charitie and wholly deforme the Church That there was the same reason absolutely for Ordinations which is for Confessions Communions Masses Burials and other Ecclesiasticall functions and therefore no cause why that should be forbidd in Ordination which is allowed in all these and the allegation that if it bee an Almes let it bee giuen at another time is of as much force in all the other functions The Church hath vsed from the beginning to receiue oblations and almes vpon these occasions which if they shall bee taken away the poore religious persons who liue of them will bee forced to take some other course the rich will not performe the offices as doeth and for the space of fiue hundred yeeres hath plainely appeared so that the exercise of Religion will bee lost and the people remaining without it will fall into impietie and diuers pernicious superstitions And if thousands of crownes are giuen without reprehension for the vestments which the Apostolike Sea giueth to the Metropolitans how can a small acknowledgement be reprehended which the Bishop receiueth from the inferiour Orders What reason is there that things of the same kinde should be ordered by contrary lawes That cannot be called an abuse which was instituted in the beginning And it remaineth still in the Pontificall that waxe candles are presented by those that are ordayned to the Bishop ordaining at the offering place in time of the Ordinations which be temporall things and if they bee great and well adorned may cost much It is not therefore so bad as it is painted out neither can the opposites game by the infamie of poore Bishops the name of reformers imitating the Pharisees in obseruing moathes and straining at gnats Some sayd also that it could not bee constituted as being contrary to the decree of Innocentius the third in the generall Councell where the vse of giuing and receiuing a temporall thing in the ministery of the Sacraments is not onely approoued but the Bishops are commanded to compell the people by censures and Ecclesiasticall punishments to obserue the custome giuing the title of laudable to those things which now some goe about to condemne as sacrilegious But Dinisius Bishop of Milopotamus made a long digression to shew how the faithfull would bee edified if the Sacraments were administred by the Clergie for pure charitie expecting no reward but from God onely Hee affirmed that necessaries were to bee allowed them and greater prouision also but that this was sufficiently and superaboundantly done by the assignation of Tithes because they not being the tenth part of the people doe receiue so great a portion besides other possessions which are double as much Therefore it is not iust to demand that which is already receiued an hundred folde and if the Bishops bee poore it is not because the Church is poore but because the riches are ill diuided With an euen distribution euery one might be fitted and that might be giuen without counter change for which more then the iust price hath beene already receiued Hee added that if this multitude of abuses could not bee taken away altogether it would bee good to beginne with that of Ordinations not restraining it to the onely action of conferring the Sacraments but extending it also to the precedent For it would be a great absurditie that one should pay too deere in the Chanceries of Bishoprickes for
members Granata did second him shewing the necessity and opportunity thereof thanking the Bishop of Fiue Churches for his admonition and said they would consult amongst themselues For this cause the Spaniards being assembled together discoursed of And is seconded by the Spaniards the necessitie of reformation and the hope thereof in regard of the Emperours inclination from which their King also who was most piously addicted would not disseut and the French Prelates who would shortly be there would vndoubtedly promote and assist the worke in earnest They repeated diuers abuses and shewed that the fountaine of them all was the Court of Rome which is not onely corrupt in it selfe but the cause of deformation in all Churches and particularly the vsurpaâ—ion of the Episcopall authoritie by reseruations which if it were not restored and the Court depriued of that which they haue taken from Bishops it would bee impossible the abuses should bee redressed Granata considered that it beeing necessary to lay a good foundation for so noble a Fabrique a way was open for them now that they were to speake of the Sacrament of Order if it bee determined that the authority of Bishops is instituted by CHRIST because it will follow by consequence that it cannot bee diminished by which meanes that will bee restored to the Bishops which hauing been giuen them by CHRIST hath by the ambition of others and their owne negligence been vsurped from them Braganza added that it was so much the more necessary because the Episcopall authority was brought to nothing and the Order erected superiour to Bishops vnknowen to the Church in former ages that is the Cardinals who at the first were esteemed in the number of Priests and Deacons and after the tenth age began to exalt themselues aboue their degree Notwithstanding they were still accounted inferiour to Bishops vntill the yeere 1200 since which time they haue so farre aduanced themselues that they hold Bishops as seruants in their houses and it will bee impossible to reforme the Church vntill both of them bee reduced to their due places These propositions and discourses were heard with applause so that they resolued to elect sixe of them to put in writing the things necessary and fit as well for the reformation in generall as particularly for this point of the institution of Bishops whence they purposed to begin Oranata Iasper Cornante Archbishop of Messina the Bishop of Segouia and Martin di Cardoua Bishop of Tortosa were named the last of which was cause why the proiect did not proceed For hauing secret intelligence with the Papalins he excused himselfe alleadging his owne insufficiencie and the vnfitnesse of the time adding that Fiue Churches was not mooued with pietie and had no other end then to make vse of them to constraine the Pope by meanes of the reformation to grant the vse of the Cup wherein they had beene auerse And seeing they were disposed to heare him hee preuailed so much with them that they passed no further for the present but interposed a delay Notwithstanding it was not long deferred For Granata Braganza Messina and Segouia hauing obtained audience of the Legates desired that they might handle the Articles proposed heretofore by Cardinall Crescentius in this same Councell and concluded though not published that is that the Bishops are instituted by CHRIST and are superiour to Priestes iure diuino The Legates after they had conferred together answered that the Lutherans hauing affirmed that a Bishop and a Priest is the samething it was fit to declare that a Bishop is superiour but that it was not necessary to say quo iure nor by whom a Bishop is instituted because there is no controuersie of it Granata replyed that there was a controuersie and that if the Diuines did dispute it the necessity of deciding this point would be knowne The Legates would not consent by any meanes and after some few sharpe words on both sides the Spaniards departed without hauing obtained any thing yet resolued still to perswade some of the Diuines to bring this particular into The Legates wiâ—l not sulter the instâ—tution of Bishops to be discussed the discussions and to make mention of it when they were to giue voices in congregation But the Papalins vnderstanding hereof did cause it to be voyced amongst the Diuines that the Legates did forbid all speach of that question But to returne to the congregation when the second ranke spake consisting of Diuines and Canonists Thomas Passius a Canon of Valentia said that all doubt made of the Ecclesiasticall Hierarchie did proceede from grosse ignorance of antiquity it being a thing most knowne that in the Church the people hath alwayes beene gouerned by the Clergie and in the Clergie the inferiours by the superiours vntill all be reduced vnto one vniuersall Rector which is the Pope of Rome And hauing declared the proposition at large he added that there was no need to doe any thing herein but to make this trueth appeare by remoouing the contrary errours which haue bin brought in by the Schoolemen who sometimes by too much subtiltie doe make plaine things obscure opposing the Canonists who place the first tonsure and the Bishopricke in the number of Orders Of the latter he said it seemed strange to him how they could confesse that confirmation ordination and so many other consecrations doe so peculiarly belong vnto it that they cannot possibly bee done by any else and yet deny it to bee an Order when as they giue that name to the keeping of the doore which may as well be done by a Lay-man For the first tonsure he hath euer heard the Diuines say that a Sacrament is an externall signe which signifieth a spirituall grace and that the tonsure is the signe and the thing signified is the deputation to the seruice of God and therefore hee wondered why they would not haue it to be a Sacrament and the rather because one entreth into the Clergie by it and doth participate of Ecclesiasticall exemptions so that if it were not instituted by CHRIST it could not be said that either Clergiship or the exemption thereof were de iure Diuino that it was plaine that the Hierarchie consisteth in the Ecclesiasticall Orders which is nothing but an holy order of superiors and inferiors which can neuer bee well established without making as the Canonists Of Ecclesiasticall Hierarchie doe the Tonsure the lowest and the Bishopricke the highest which being done the Hierarchie is all established because the first and last being giuen those of the middle will necessarily follow which cannot subsist without the former Concerning the other part of the Article they said it was very plaine by the Canons that in the choyce of Bishops and deputation of Priests and Deacons the people of al sorts was present gaue voice or approbation but this was by the Popes tacit or expresse consent because no Laicke can haue authority in matters Ecclesiasticall but by priuiledge from him And this
the reformation would be caused thereby to excuse the Pope that he could not personally assist in Councell and to pray him to hasten the end of it proposing the translation to Bolonia where his Maiestie and the Pope might meete which would bee a good meanes for him to receiue the Crowne of the Empire in so famous an assembly a fauour which neuer had beene done to other Emperours He had charge also to pray him to maintaine the authoritie of the Apostolike Sea against all the plots made to diminish it or rather to bring it to nothing and that the reformation of the Court of Rome might not be made in Trent but by the Pope himselfe that no mention might bee made of renewing the things determined vnder Paul and Iulius in the same Councell that his Maiestie would bee content that the Decrees should bee made in Councell by the proposition of the Legates onely first imparting them and hauing the consent of the Ambassadours of his Maiestie and of other Princes He had commission also to giue the Emperour hope of a particular grant of whatsoeuer hee would demand for his people and to disswade him from holding intelligence with the French King in this matter of the Councell shewing him that as the State of France and Germanie was not the same so the ends of his Maiestie and of that King must needes be diuers and their counsels different The Legates remayning in Trent did willingly giue the Prelates leaue to depart and especially those who held the institution of Bishops and residence to bee de iure diuino The 20. of Aprill Loraine returned and was met by the Ambassadours of the Emperour of Polonia and of Sauoy and the same day newes came of the peace concluded by the French King with the Hugonots which was more for the aduantage of the Catholique party For after the battell before mentioned the factions were equally balanced vntill the death of Guise Afterwards Colignie tooke by assault the fort of Cadome with so much reputation to himselfe and diminution of the Catholiques that it was resolued in the Kings Councell to conclude the treaty of peace which was continually managed euer since the battell To this end the seuenth of March an assembly was made to which the prisoners Conde and the Constable were brought And after some speech they being released vpon promise to conclude the 〈◊〉 conditions the Hugonote Ministers assembled and resolued not to consent to any agreement except the Edict of Ianuary might bee obserued without any exception or condition adding also that hereafter their religion should not bee called new that children baptized by them should not bee rebaptized that their marriages should bee esteemed lawfull and their children legitimate From which conditions because they would by no meanes depart Conde and the Nobility weary of warre without calling the Ministers any more did make the agreement And the capitulations concerning religion were these That where the Noblemen of the Hugonots haue high iustice they may liue in their houses in liberty of conscience and exercise of the reformed religion with their families and subiects The conditious of the accord in Frace That other Gentlemen who hold in fee not dwelling vnder other Catholique Lords of high iustice but immediatly vnder the King may exercise the same in their houses for themselues and their families onely That in euery Bayliweeke an house shall bee appointed in the Suburbs in which the reformed religion may be exercised by all of that iurisdiction That euery one may liue in his owne house without being enquired into or molested for his conscience That in all Cities where that religion hath beene exercised vntill the seuenth of March it shall bee continued in one or two places of that citie so that the Catholike Churches be not taken for that vse which also shall be restored to the Ecclesiastiques in case they haue beene surprised by them yet so as that they shall not pretend any thing for demolitions made That in the Citie and Precincts of Paris there shall bee no exercise of that religion but those who haue houses or reuenues there may returne and enioy them without being molested for matters either past or to come concerning their consciences That all shall repossesse their goods honors and offices notwithstanding the sentences to the contrary and executions of them since the death of Henrie the second vntill now That the Prince of Conde and all his followers shall be said to haue a good end and intention for the seruice of the King That all prisoners of warre or iustice for matter of religion shall freely be set at libertie That an obliuion of things past shall be published and iniuring and prouoking one another as also disputing and contending about religion shall be forbid and that they shall liue as brothers friends and fellow Citizens This accord was established the twelfth of March to the discontentment of Colignie who sayd their affaires were not in state to make such aduantagious conditions That it was proposed vnto him in the beginning of the warre to make peace with the Edict of Ianuary and now that they might require more aduantage the conditions were worse To say that in euery Bayliweeke there shall be one place for the exercise of religion is to take away all from GOD and to giue him a portion But the common inclination of all the Nobility did force him to be content Concerning these conditions the Kings letters were dispatched the nineteenth of the same moneth◠in which it was sayd That it hauing pleased God to permit for some yeeres the kingdome to be afflicted with seditions and tumults raised for matter of religion for which cause armes were taken with infinite slaughters sacking of cities ruines of Churches and now by continuance of the euill hauing experience that warre is not the proper remedie for this maladie the King hath thought fit to reunite his Subiects in good peace trusting that time and the fruit of an holy free generall or Nationall Councell will establish the same And heere the Articles concerning religion were added besides the others in matters of State which letters were published and registred in Court of Parliament and publikely proclaimed in Paris the seuen and twentieth of the same moneth This was blamed by the greater part of the Fathers in Councell who said it was to preferre the things of the world before the things of GOD yea to ruine both the one and the other For the foundation of a state which is religion being remoued it is necessarie that the temporall should come to desolation whereof the Edict made before was an example which did not cause peace and tranquillitie as was hoped but a greater warre then before And some of the Prelats did dare to say that the King and the whole Counsell had incurred the excommunications of many Decretals and Bulls for hauing giuen peace to the heretikes and that there was no hope that the affaires of
made resistance whence many seditions and warres to the great damage of Christendome haue proceeded That they should exhort them to bee carefull in that which belonged to their charge and was necessarie for the present occasions and to leaue those attempts which hauing neuer done good heretofore would produce a worse effect in those times The King added that if the Fathers would not retire vpon these perswasions they the Ambassadours should make a strong opposition which being done without expecting their iudgement or referring themselues to their discretion they should depart and goe to Venice letting the French Prelats know that they ought to continue in Councel and indeuour to doe God seruice being assured that in case any thing shall be treated against the rights prerogatiues and priuiledges of the King and French Church they will not faile to absent themselues as his Maiestie would haue them doe He wrote also to the Cardinal of Loraine in the same manner as he gaue order should be told the other Prelates that is that hee should not approue any thing with his presence that should be handled in Councel against the Kings rights but should absent himselfe if he shall see that the Fathers do sally without the limits of their charge referring him for the residue to the instructions sent to the Ambassadours The Ambassadours hauing receiued these letters and consulted of all with the Cardinall of Loraine by his aduice did impart them to the Legats and caused a voyce thereof to passe in the Councel that the Bishops hearing of it might desist from demanding the reformation of Princes and themselues might not haue occasion to oppose and protest But this brought foorth a contrarie effect For the Bishops who were quiet in regard of the expectation that when the Session was ended the reformation of Princes should be proposed vnderstanding this newes and perceiuing that the ayme was to passe it ouer in silence began to treat among themselues not to proceed any further in the actes of the councell if that also which concerneth Princes were not giuen forth and put in consultation together with the other articles And they proceeded so farre herein that a hundred of them gaue A combination of an hundred Prelates concerning the Reformation of Princes their word one to another to bee constant in this resolution and hauing drawen a writing to this purpose which was subscribed by all they went to the Legats requiring that the articles of the Reformation of Princes might be proposed and giuen to the Fathers declaring as it were by way of protestation that they would not proceed nor conclude any thing in the others but together with these The Legates gaue good words purposing and hoping to diuert the humor And in this trouble the Count of Luna appeared againe and demanded as he had done before a reuocation of the Decree propenentibus Legatis that euery Prelate might propose what he thought worthy of reformation and demanded also that the sixt Article might bee amended to please the Spanish Prelates taking quite away the exemptions of the Chapters of the Canons of Cathedrall Churches and subiecting them to the Bishop And there being in Trenta Proctor of those Chapters who laboured to the contrary he commanded him to speake no more in it Things standing in these termes the Legates thought to hold the Session with the matter of matrimony onely But it was opposed that the difficulties of Clandestine marriage were not well digested as yet and that the Ambassadours would suspect that if the Session were held and the reformation not spoken of all hope was lost that it would euer bee handled And it being euident that no part of the reformation could bee in order at the time determined for the Session they proposed in the generall Congregation of the fifteenth of the moneth to prolong it vntill the eleuenth of Nouember and so it was resolued The cause of this long delay was that the Pope seeing the difficulties to finish the Councell arising partly by the controuersies of the Prelates and partly by the oppositions of the Spanish Ambassadour put all hope of ouercomming them in the Cardinall of Loraine Whereupon The Popes confidence is onely in the Cardinal of Loraine hee wrote to the Legates that in case the Session could not bee held at the time appointed it should be deferred for two moneths And this hee did that the Cardinall might haue time to come vnto him that hee might treat with him of that which was impossible to doe by letters or messengers and that by this meanes euery preuious disposition for the conclusion of the Councell might bee prepared Vntill that time the Pope had no other determination then to finish the Synode but hee firmely resolued then that if that The Pope is resolued by all meanes to be freed from the Councel could not be done there being a necessitie to rid himselfe of it hee would by all meanes dissolue it Hee sent the Legates facultie to make a suspension or a translation as they thought best by aduice of the Fathers and wrote vnto them that hee would by all meanes be freed from it by an end of it if it were possible which hee did much desire but if it could not be they should vse one of those two remedies and therefore that they should endeuour to make some occasion arise that they might bee requested to doe it that hee might not seeme to bee the author as also that they should sollicite the iourney of Loraine who parted the next day after the resolution was made to prolong the Session All the distastes of France for matter of the Councel were ceased in the Pope though he receiued continuall troubles from that kingdome He was much vexed with the dayly instance made vnto him that he would not consent to the alienation of 100000. crownes of Ecclesiasticall goods and by the The Cardinal of Loraine goeth to Rome continuall detraction which he vnderstood the Hugonots vsed against him and the Apostolique Sea And particularly hee was grieued at the Cardinall Chastillion who as hath beene sayd layd aside the clericall habite and called himselfe Count of Beauvois and vnderstanding that the Pope in Consistory had depriued him of the Cap the last of May hee resumed the habite of a The Cardinal Chastillion mocketh the Pope Cardinall and was married in it and in a great solemnitie in Roan the thirteenth of August when the King was declared in Parliament to bee of age he appeared in the solemnitie in the same habite in presence of all the French Nobilitie which was generally thought to bee a great contempt of the Papal dignitie Wherewith the Pope beeing mooued hee made his depriuation And is depriued by him to bee printed at this time and many copies to bee dispersed in France The Popes Nuncio resident in France came to Rome a few dayes before the arriuall of the Cardinall of Loraine who was dispatched by the Queene
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
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
ministers of Aremboldus went to the Dominican Friars These men in publishing the Indulgences desiring to amplifie the value of them more then others had done before spake many strange things which gaue cause of scandall Whereunto was added the bad life of the Pardoners who in Tauernes and elsewhere in games and other things not fit to bee named spent that which the people spared from their necessary expences to purchase the Indulgences 18 By these meanes Martin Luther an Heremite Friar being stirred vp began Martin Luther speaketh against the Indulgences to speake against the Pardoners first reprehending these new excessiue abuses onely after being prouoked by them hee set himselfe to study this matter being desirous to see the foundations and the rootes of the doctrine of Indulgences Which when he had examined passing from the new to the old 95. Conclusions of Luther abuses and from the building to the foundations he published 95. Conclusions in this matter which were proposed to bee disputed on in Wittenberg Iohn Thecel a Dominican proposed Cōclusions contrary to those of Luther where they being seene and read they were not opposed in any vocall conference because no man appeared against him but Iohn Thecel a Dominican Friar proposed others contrary vnto these in Frankfort of Brandeburg 19 These two files of Conclusions were as one may say a ioyning of issue Wherefore Martin Luther went on to write in defence of his and Iohn Ecchius to oppose them and these Conclusions together with other writings being gone to Rome Siluester Prierius a Dominican Friar wrote against Luther Which contestation enforced both the one and the other partie to swarue from this Iohn Ecchius opposeth Luthers conclusions Siluester Prierius wrot against Luther The doctrine of Indulgences was neuer well vnderstood vntill this time matter and passe to other things of greater importance For the doctrine of Indulgences hauing not beene well examined in former ages which did neuer consider how they might bee defended and maintained or how impugned the essence and causes of them were not well vnderstood Some thought they were nothing but an absolution or freeing made by authority of the Prelate from penance which the Church in the most auncient times imposed by way of discipline vpon the penitent which imposition was assumed in succeeding ages by the Bishop onely after delegated to the penetentiary Priest and in conclusion left wholly to the will of the Confessor and that they deliuered vs not from paying the debt due to the Iustice of God Others thinking that this brought more hurt vnto Christians then benefit who being deliuered from Canonicall punishments became negligent to satisfie the diuine Iustice with voluntary penance began to bee of opinion that they set vs free from both the one and the other but these were diuided Some thought that they set vs free though nothing were giuen in recompence for them Others abhorring that opinion said that by reason of the mutuall participation in charitie of the members of holy Church the penance of one might bee communicated vnto another and free him by this compensation But because it seemed that this was more proper to men of an holy and austere life then to the authority of Prelates there arose a third opinion which made them in part an absolution because authority was necessary for them and in part a compensation But in regard the Prelates liued not in such sort as that they could spare much of their merits for others there was made a treasury in the Church full of the merits of all those who had more of them then would serue their owne turnes the dispensation whereof is committed to the Pope who when he giueth Indulgences recompenseth the debt of the sinner by assigning so much in value out of the treasurie Neither was there The treasure of the Church an end of the difficulties for it was opposed that the merits of Saints being finite and limited this treasure might be diminished Wherefore desiring to make it indeficient they added the merits of Christ which are infinite Whence arose a doubt what need there might be of the little drops of the merits of others when there was an infinite Ocean of the merits of Christ which gaue cause to some to make the treasure to bee onely of the merits of our Sauiour 20 These things so vncertaine at that time and which had no other foundation then the Bull of Clement 6. made for the Iubilie of they yeere 1350 seemed not sufficient to oppugne the doctrine of Martin Luther to resolue his reasons and to conuince him Wherefore Thecel Ecchius and Prierius seeing themselues The aduersaries of Luther prooue the doctrine of Indulgences by common reasons only not strong enough in points proper for this matter betooke themselues to common places and layd for their ground worke the Popes authoritie and consent of the Schoolemen concluding that the Pope not beeing 1518 LEO 20. MAXIMIL 1. HENRY 8. FRANCIS 1. Luther beginneth to speake against the Popes authority and other doctrines of the Romane Church able to erre in matters of faith and hauing approoued the doctrine of the Schoolemen and himselfe publishing the Indulgences to all the faithfull it was necessary to beleeue them as an article of faith This gaue occasion to Martin to passe from Indulgences to the authoritie of the Pope which being predicated by others to be the highest in the Church was by him made inferiour to a Generall Councell lawfully called where of he said there was need in that instant and vrgent necessitie and the heat of disputation continuing the more the Papall authority was aduanced by others the more it was by him abased Notwithstanding he conteined himselfe within the bounds of speaking modestly of the person of Leo sometimes referring himselfe to his iudgement And for the same reason the doctrine of remission of sinnes of Penance and of Purgatorie was set on foote the Romanists seruing themselues of all these common places for proofe of Indulgence 21 Friar Iames Hogostrat a Dominican Inquisitor wrote against Martin Luther Iames Hogostrat his perswasion to the Pope more to the purpose then them all who setting these reasons aside exhorted the Pope to conuince Martin with chaines fire and flames 22 Neuertheles the controuersie grew still more bitter and Martin alwaies 1518 went forwards to some new proposition as occasion was offered Wherefore Pope Leo caused him to be cited to Rome by Hierom Bishop of Ascoli Auditor of Meanes vsed by the Pope to bring Luther to Rome the Chamber in August 1518 and wrote a Briefe to Fredericke Duke of Saxonie exhorting him not to protect him He wrote also to Thomas de Vio Cardinall Caietan his Legat in the diet of Ausburg that he should vse all diligence to commit him to prison and to send him to Rome Diuers meanes were vsed to the Pope that he would be contented to order that his cause might be examined in Germany
who yeelded to referre it to his Legat vnto whom the iudicature thereof was committed with instruction that if he could discouer any hope of repentance in Martin he should receiue him into fauour promising Luthers cause referrred to Card. Caietan the Popes Legat him pardon of all his errours past together with honours and rewards referring the whole to his wisedome but in case he found him incorrigible he should desire Maximilian the Emperour and the other Princes of Germany that he might be punished 23 Martin went to the Legat to Ausburg vnder the safe-conduct of Maximilian Luther commeth to the Legat with the Emperors safe-conduct where after a conuenient conference vpon the controuersed doctrine the Cardinall hauing discouered that by tearmes of Schoole-diuinity in the profession where of himselfe was most excellent Martin could not be conuinced that he alwaies serued himselfe of the holy Scripture which is vsed but a little by the Schoolemen he declared that he would dispute no more with him but exhorted him to a retractation or at least to submit his Bookes and doctrine to the iudgement of the Pope shewing him the danger he was in if he persisted and promising him fauours and benefits from his Holines Martin not answering to the contrary he thought it not fit to wring from him a negatiue by pressing him too much but rather to giue space that the threats and promises might make impression and therefore gaue him leaue Luther had leaue to depart to depart for that time He caused also Friar Iohn Stopiccius Vicar generall of the order of the Heremites to treat with him in conformity hereof 24 Martin beeing returned once more the Cardinall had much conference with him concerning the heads of his doctrine rather hearing what he said then disputing to gaine himselfe credit by the proposition of accommodating the busines Whereunto when he descended exhorting him not to let slip so secure an occasion and so profitable Luther answered him with his accustomed vehemencie that no composition could be made to the preiudice of the truth that he had offended no man nor had neede of the fauour At his returne he was more vehement then before of any that he feared no threats and that if any thing were vnduly attempted against him he would appeale to a Councell The Cardinall who had heard that Martin was secured by some Grandies that they might hold a bridle in the Popes mouth suspecting that he was perswaded to speake in that sort disdained at it and descended to bitter reprehensions and base tearmes and concluded that Princes haue long hands and so bid him bee gone Martin beeing parted from the Legats presence remembring Iohn Hus his case went from Ausburg without saying any more From whence when he was a good way distant thinking better of his owne case he wrote a letter to the Cardinall confessing he had been too sharpe laying the blame Luthers letter vpon the importunity of the Pardoners and of those that wrote against him promising more modestie hereafter to satisfie the Pope and not to speake any more of Indulgences with condition that his aduersaries should doe the like Yet neither they nor he could be kept silent but one prouoked the other whereby the controuersie grew more sharpe 25 Wherefore the Court in Rome spake disgracefully of the Cardinall attributing The Cardinall is blamed in Rome for vsing Luther with base termes all the mischeife to the seueritie and base termes vsed against Luther they blamed him for not hauing promised him great riches a Bishopricke and euen the red hat of a Cardinall And Leo fearing some great innouation in Germanie not so much against Indulgences as against his owne authoritie made a Bull vnder the date of the 9. of Nouember 1518 wherein he set forth the validitie of Indulgences and that himselfe as successor of Peter and Vicar The Bull of Leo for the doctrine of Indulgences of CHRIST had power to grant them both for the liuing for the dead and that this was the doctrine of the Church of Rome which is mother and mistris of all Christians which ought to be receiued of whosoeuer would be in the communion of the Church He sent this Bull to Cardinall Caietan who being at Lintz in vpper Austria published it and caused many authenticall copies to be made thereof sending them to all the Bishops of Germany with commandement to publish them and seuerely and vnder great penalties to enioyne all men not to haue any other faith 26 By this Bull Martin saw cleerely that from Rome and from the Pope he could looke for nothing but condemnation and as before he had for the most part spoken reseruedly of the person and iudgement of the Pope so after the publication of this Bull he resolued to reiect it Wherefore he set forth The Popes Bull made Luther appeale to a Councell an Appeale wherein hauing first said that hee would not oppose himselfe to the authoritie of the Pope when he taught the truth he added that he was not exempt from the common conditions of being subiect to erre to sinne alleadging the example of S. Peter sharpely reprehended by S. Paul But hee said it was an easie thing for the Pope hauing so great riches and retinue to oppresse whosoeuer was not of his opinion without respect of any vnto whom none other helpe remained but to flie vnto a Councell by the benefit of appeale because all reason perswadeth that a Councell ought to be preferred 1519 LEO 10. MAXINIL 1. HENRY 8. FRANCIS 7. before him This Appeale went throughout all Germany and was read by many and esteemed reasonable Wherefore Leo his Bull extinguished not the fire that was kindled in those parts 27 But it hauing giuen courage to the Court in Rome as if the flame had been quenched Friar Samson of Milan of the order of S. Francis was sent to preach the same Indulgences amongst the Suisses who hauing published them in many places and collected the summe of 120000. crownes came finally The occasion why Zuinglius began to oppose the Pope to Zuric where Vlricus Zuinglius a Canon in that Church was professor who opposing himselfe to the doctrine of this Friar the Pardoner there grew great disputation between them passing also from one matter to another as it happened in Germanie Whereby it came to passe that Zuinglius was hearkened vnto by many and gained credit and was imboldned to speake not onely against the abuse of Indulgences but against the Indulgences themselues and euen against the authoritie of the Pope who granted them 26 Martin Luther perceiuing that his doctrine was esteemed and that it Luther passeth to other points passed also into other countreys became more couragious and set himselfe to examine other articles and in the matter of Confession and of the Communion he forsooke the opinion of the Schoolemen and of the Church of Rome approouing rather the Communion of the