of the Popes of the ambiguity of them and the controversies which arise from thence he addes It is hard to finde any one though he make his title to appeare as clear as the day that goes away with a living without all dispute For then they thinke their Court to be most flowrishing and fortunate when it rings with a multitude of causes suits quarrels and wranglings with a wild and furious noise and on the other side to bee lame miserable and forsaken when it wants suits and is at quiet when the incumbents doe peaceably enjoy their right 4 Cardinall Cusan in his booke De concordia Catholica saith Wee know the great noise of suits in the Courts both Ecclesiasticall and Civill bring much hurt to the Common-wealth by reason the suits are so intricate and endlesse but especially for that causes are not ended and determined in those places where they were first conceived in their owne Countrey but are oftentimes drawne to the Court of Rome and that upon every triviall point that concernes benefices whereas none but causes of importance ought to be brought thither 5 The Parliament of Paris in the Remonstrance made to Lewes the 11 in behalfe of the liberties of the Gallicane Church and for the retaining of the Pragmatique Item in very deed if these constitutions were not there would not be a Clergy-man certaine of his estate For proofe whereof wee may remember how they of the Court of Rome have behaved themselves herein after it was repealed by the King For they not onely tooke upon them the cognizance of causes Ecclesiasticall but also of causes concerning right of inheritance yea and of causes royall the cognizance whereof belongs to the King and his Court of Parliament as hath beene seene in many particular cases where the Court sent to the King in Guien and there the King provided for them by remarkable Edicts which were registred and published in the said Court Item to prove that it is a depopulation of the Kings dominions it is certaine that before these decrees and constitutions were made by reason that reservations and donations in reversion were in force and the cases tryed in the Court of Rome the subjects of the Realme left their Countrey in great numbers some to serve Cardinals others to be officers others wanting service spent that meanes which their parents left them to to purchase some favour there and others in great abundance to vex and trouble those that stayed at home to get their benefices insomuch that what by the tediousnesse and danger of the way what by reason of the plague which is commonly at Rome the most of those that went thither dyed and those that escaped these perils so molested with citations old feeble persons residing upon their livings and such as were not able to defend themselves that by reason of these vexations they shortned their dayes and dyed sooner than they would have done by the common course of nature Item Others ambitious of preferments exhausted the purses of their parents and friends leaving them in extreme poverty and misery which was sometimes a cause of shortning their dayes and all the gaines they got was a peece of lead for gold and when they thought to be preferred by their patents in comes another with an annullation and sometimes you might find ten or twelve grantees of the same beneficeâ— and upon the controversie thence arising all enforced to trudge to Rome againe to plead the case there to the continuall vexation of the subject and the dispeopling of the Realme 6 S. Bernard also exclaimes hard against these suits arising in the Court of Rome for addressing his speech to Pope Eugenius the 3 he saith What means this I pray you to plead from morning till night or to hearken to those that plead with my consent let malice bee content to take up the day but the very nightâ— are not free there is scarse so much allowed to the necessity of nature as will suffice for the repose of this poore bodie it must rise againe for these wranglers one day begetteth suits to another and one night certifieth his malice to another 7 In another place he complaines of the great multitude of appeals which â—low to Rome from all coasts of the world How long must it be before you awake and consider such a mighty confusion and abuse of appeals They are commonly practised without either right or reason beside all order or custome without any distinction or difference of place manner time cause or person they are easily admitted and ofttimes impiously Those that would bee wicked were they not wont to be terrified with them but now they on the contrary doe affright others and especially honest men with them goodmen are appealed by knaves to hinder them from doing good and they give off for the awe which they beare to the voice of your thunder Lastly appeals are put up against Bishops that they may not dare to dissolve or forbid marriages appeals are put up against them to hinder them from punishing or curbing rapines robberies sacriledges such like crimes appeals are preferred to hinder them from putting backe or depriving unworthy and infamous persons of sacred offices and benefices Which hee afterwards proves by such examples as befell in his time which wee passe over 8 Hildebert Archbishop of Tours exhibited the like complaint to Pope Honorius the second in these words We never yet heard on this side the Alps nor found any such thing in the sacred Canons that all sorts of appeals should be received in the Church of Rome but if haply any such novelty bee crept in and it be your pleasure to admit all appeals without distinction the Papall censure will be undone by it and the power of Ecclesiasticall discipline will be trampled under foot for what royster with not appeal upon the least commination of an anathema What Clerk or Priest is there which will not defile or indeed which will not bury himselfe in his owne excrements upon confidence of his frustratory appeall by virtue whereof the Bishops cannot presently punish I say not all sorts of disobedience but not any at all The least appeals will break his staffe rebate his constancy quell his severity in putting him to silence and the malefactours to an impunity of offending 9 They not only enâ—ruate the ordinary jurisdiction of Bishops and other Ecclesiastiques by their appeals but also by other wayes without sparing of those that breathed nothing but the greatnesse of Rome as amongst others Ivo Bishop of Chartres who after hee had done much good service to the Court of Rome insomuch that he cast himselfe out of favour with his Prince and did many ill offices to France was finally compelled to make make his complaint that a cause of his depending before the Ordinary was removed to Rome by an extraordinary way And likewise that the ordinary course of justice is
Vicechancelours Notaries Registers and Executours their servants and others which have any thing to doe in what sort or manner soever with capitall or criminall causes against Ecclesiasticall persons in banishing or arresting them passing or pronouncing sentence against them and putting them in execution even vnder pretence of any priviledges granted by the See Apostolique upon what causes and in whattenor and forme soever to Kings Dukes Princesâ— Republiques Monarchies Cities and other Potentates by what name and title soever they be called which we will not have to be usefull for them in any thing repealing them all from henceforth and declaring them to bee nullities See here all the Iudges Royall both superiour and inferiour utterly despoyled of the cognizance of criminall causes 8 The twelfth Article speaks on this sort Wee excommunicate all and every the Chancelours Vicechancelours Counsellours ordinariâ— and extraordinarie of all Kings and Princes the Presidents of Chanceries Counsels and Parliaments as also the Atturneyes generall of them and other Secular Princes thogh they be in dignitie Imperiall Royall Duâ—all or any other by what name soever it be called and other Iudges as well ordinarie as by delegation as also the Archbishops Bishops Abbats Commendatories Vicars and Officials who by themselves or by any other under pretence of Exemptions letters of grace or other Apostolicall letters doe summon before them our Auditours Commissaries and other Ecclesiasticall Iudges with the causes concerning benefices tithes and other spirituall matters or such as are annexed to them and hinder the course of them by any lay authoritie and interpose themselves to take cognizance of them in the qualitie of Iudges 9 This is not all for in the following Article hee goes yet further striking a heavie blow at the Ordinances of our Kings Those also which under pretence of their Office or at the instance of any man whatsoever draw before them to their bench Audience Chancerie Counsell or Parliament Ecclesiasticall persons Chapters Covents and Colledges of all Churches or cause them to bee brought in question before them or procure them directly or indirectly under what colour soever beyond the appointment of the Canon law Those also which ordaine and set forth Statutes Ordinances Constitutions Pragmatiques or other Decrees whatsoever in generall or in speciall for any cause or colour whatsoever even under pretence of Apostolicall letters not now in practise or repeâ—â—ed or of any custome or priviledge or any other manner whatsoever or that make use of them when they are made and ordained when by them the Ecclesiasticall libertie is abolished impaired depressed or restrained in any manner whatsoever or who do any prejudice to our lawes and those of our See directly or indirectly implicitely or explicitely 10 See yet another which followes after this Those likewise which doe any way hinder the Archbishops Bishops and other Prelats superiour and inferiour and all other ordinarie Ecclesiasticall Iudges in the exercise of their Ecclesiasticall jurisdiction against any person according as the Canons the sacred Constitutions of the Church the Decretals of generall Councels and principally that of Trent doe ordaine There is further in the same Bull some excommunications against those which appeal from the Popes sentence to Generall Councels Against those that hinder Clergy or Lay men from going to plead at Rome which is a remarkable thing Against Kings and Princes which make the fruits of Ecclesiasticall livings bee sequestred upon any occasion whatsoever which concernes the right of the Crowne Against those which impose any tenths subsidies or other taxes 11 All this is leveld against the rights of the King and the liberties of the Gallican Church I aske now seeing our Popes take upon them to excommunicate our Kings which make ordinances concerning such matters their Officers and Magistrates and all others which practise them whether they will make any conscience of putting forthwith such lawes and ordinances into their Index expurgatorius Let a man goe about to put all the distinctions which hee can devise to save our liberties upon this Councell will not it bee lawfull for the Pope when he shall please to derogate from them to come in with a non obstante Doth not hee in the fore-mentioned Bull repeall all the priviledges granted by the See Apostolique His successours shall not they have the same power that hee hath 12 The other piece which wee promiseâ— shall bee taken out of the privie Counsell which was holden at Rome almost at the same time when the former Bull was sent which was found in the Advocat Davids trunk where it is said That the successours of Hugh Capet to undoe the Church brought in that damnable errour which the French men call the Liberties of the Gallican Church which is nothing else but a refuge for the Waldenses Albigenses poore of Lyons Lutherans and Calvinists at this present And in another Article it is said That all Edicts made within the Kingdome of what standing soever if they bee repugnant to Councels shall be cassed repealed and disanull'd As much as to say al the Edicts concerning the rights of our Kings the good of the Kingdome and the liberties of the Gallican Church which are all abolished and brought to nothing by the Councel of Trent A REVIEW OF THE COVNCELL OF TRENT BOOKE VII CHAP. I. That the Councell of Trent tends to the depression and abasing of the authority of Christian Princes 1 THis redoubted greatnesse to which the Pope is exalted by this Councell doth diminish as much not onely the power of Councels and Clergie-men but also that of Christian Princes These are their spoiles their Scepters their Crownes their justice their soveraigne authoritie their honours and preheminences all this is violently pull'd from them and transferr'd upon another lord In the first place they are depriv'd outright of that power which they have over Ecclesiasticall things and persons due unto them both by divine and humane law The calling of Councels is taken from them the presidence in them the approbation and authorizing of the determinations made in them the nomination election or investiture to the Bishopriques within their Empires and Dominions justice civill and criminall upon the goods and persons and discipline Ecclesiasticall and many other such like things It tacitely approves yea in many things expressely the unmeasured power and dominion which the Popes have usurped upon Kingdomes and Empires upon the election and deposition of Kings and Princes and upon all that belongs unto their state It disanuls their lawes and ordinances and on the contrarie establisheth those of the Popes and condemns all those that have defended their rights All this is handled in the former bookes and it would be impertinent to use repetitions And therefore we send the reader backe thither We will here adde that which remaines to be spoke of that subject 2 They are further grieved inasmuch as the Councell takes upon it more than belongs unto it in point
Acts of that Councell to shew how those Fathers are not content to wrong our Kings indeed but are further ambitious to make it appeare in writiâ—g Pope Paul the third in his Bull of 1542. by which hee called the Councell doth indeed give that honour which is due unto the King of France â—â—â—king him in this order in that exhortation which hee makes to Kings and Princes Praying saith â—e the foresaid Emperour the most Christian and all other Kings Dukes and Princes whose presence will bee very usefull to come themâ—elves in person to the celebration of this sacred Councell In the 8 Session â—â—â—er Paul the third the President of the Councell speaks in this manner That they will go on successively till it shal seeme expedient to our holy Father â—ho having communicated his Councell and advice with the most viâ—torious Emperor the most Christian King and other Kings and Princeâ— of Christendome the Councell may and ought to bee assembled in this place 6 All this goes well yet but for all that we doe not take it as a courtesie there could be then no question of the precedencie because the King of Spaine was Emperour too and as such tooke place of the King of France Now after that Ferdinand succeeded Charles the fifth and there was a Kiâ—g of Spaine in severall the Pope and the Councell altered their sâ—ile Pius the fourth in a Bull of 15â—0 for the continuation of the Councell Having acquainted saith he with our purpose our welbeloved sonâ—es in Iesus Christ Ferdinand Emperour elect of the Romans and oâ—her Kiâ—gs and Priâ—ces that they send their Ambassadours c. And the Councell it selfe in the tenth Chapter of the ninth Seâ—sion under Pius the fourth Wherefore it adviseth the Emperour Kings Common-wealths Princes c. And in the Acclamations at the end of the Councell worst of all Blessed bee the memory say they of the Emperour Charles the fifth and of those most serene Kings that promoted and protected this Generall Councell Resp. Amen Amen Many yeares to the most Serene Emperour Ferdinand ever-Augustus Orthodox and peaceable and to all other Kings Common-wealths and Princes 7 See here as sad an end for our Kings as the beginning was pleasing In the Catalogue of the fathers and Ambassadours they are diversly ranked but still to the disadvantage of France In the edition at Lyons in 4 printed by Rovillius ann 1566 as also in the French translation by Gentianus Hervetus printed 1566 and in the collections of the Orations spoken in the Councell printed at Paris 1563 this title is put before it The catalogue of the Ambassadours whose names are here underwritten according to their comming to the Citie of Trent And afterwards the Ambassadours are so ranked that the French come after the Spanish And in the catalogue of the Councell in Latine printed at Anvers 1596 and another at Lyons by the same Rovilliuâ— ann 1584 the French Ambassadours are placed next after the Emperours but it is afterwards said That the King of Spaines Ambâ—ssâ—â—our or Oratour sat by himselfe by reason of the controversie which aâ—ose betwixt him and the Ambassadours of the most Christian King See here a suit for our Kings which they may thank this Councell for They can never approve the Acts of it without doing unto themselves a most grosse prejudice That will bee asmuch as giving the King of Spaine a title whereby he will endeavour to make his cause good hereafter And there is no other way to ward this blow but by rejecting the Councell considering withall the great favours done by it unto the King of Spaine not only in this but all other things So when there is any occasion of making answere to his Ambassadours this Councell cannot finde words significant enough to expresse their commendations wherein it is too excessive and on the contrary too reserved and sparing when there is any question about them of France And in stead of what Pope Gregory said who compared the faith of our Kingâ— to a great light shining in the dark ranking them by that meanes above all other Kings in honour and dignitie The Councel on the other side gives this prerogative to the Kings of Spaine giving them the honour to bee the chiefe aâ—â—ngst all Catholique Princes Amongst whom saith it speaking of Kings and Princes King Philip Facile Princeps the prime man offers all his studies industry meanes and endeavours both of body and minde 9 One of the Presidents of that Councell speaking of the Kings of France and Spaine in a certaine booke of his puts the French King behind For disputing against Brentius he saith But what a thing will this bee if those bee not religious whom the Catholique Church holdeth for such As for the Kings of the Romans of Spaine France England Portugall Hungary Poland Bohemia Scotland and all other Christian Princes I doubt not but they are godly Princes I know very well that in writing that order is not alwaies observed which belongs unto the persons spoken of but for him who had beene President in the Councell at that verie time when the controversie arose hee cannot excuse himselfe from malicious and fraudulent dealing towards our Kings 10 Besides their right was so apparent that there could bee no question of it In former Councels they had alwaies taken that place without any controversie The Acts of them are a sufficient proof of it and amongst other of that of Lateran which begun 1512 and ended 1517 under Iulius the secondâ— and Leo the tenth Where in the eighth Session the Ambassadours are ranked in this order The magnificent Signiour Lewes de Solier Ambassador of the most Christian King of France The magnificent Signiour Ierom de Vic Ambassadour of the Catholique King Ferdinand of Aragon And in the ninth Session The magnificent Signiour Lewes de Solier Ambassador of the most Christian King of France The magnificent Signiour Ierom de Vic Ambassadour of the most Catholique King of Spaine The same is againe repeated in the tenth Session 11 AEneus Sylvius who was afterwards called Pope Pius the second in the Acts of the Councel of Basil ranks the Kings of France and Spaine in this order Of the Emperours Ambassadours the Bishop of Lubes the Lord George of the French the Arch-Bishop of Tours the Bishop of Troyes and others of our Colleagues except the Arch-Bishop of Lyons Of the Castiliansâ— only the Arch-Bishop of Consentia Of the Aragonians not a man howbeit it was afterwards said that the Bishop of Albigeaune and Francis Barbarianus who came for Milan had undertaken for the King of Aragon In the edition of the Councels of Constance and Basil printed at Milan by Gotardus Ponticus ann 1511 there is a picture at the beginning and end of either of them where the King of France is placed next to the Emperour 12 There is likewise a very ancient book called The Provinciall of all the Churches where after it
our said Cozen the Cardinall of Ferrara his Legat hath promised unto us on the behalfe of his said Holynesse and whereof indeed he hath already made great overtures for these causes and other considerations us thereunto moving having a regard unto the foresaid remonstrances made unto us with the advice of our most honoured Lady and mother the Queene the Princes of our bloud and our Privy Councell we have removed and taken away and doe hereby remove and take away the prohibitions aforesaid and the penalties annexed to be imposed upon the offenders against them by our Edict and Ordinance of Orleans and doe make void the Ordinances aforesaid for the reasons before mentioned 24 The Councell of Trent was holden at the time when this declaration was made from which our King expected a great reformation concerning the premises and particularly considering what assurance the Pope had given him hereof But all in vaine Whence it followes that the cause of this suspension ceasing the effect should cease likewise and that therefore we are under the Ordinance of Orleans which was just and good to the observation whereof we ought the rather to bee inclined in as much as wee understand by the testimony of the Court of Parliament and the accounts hereupon made by it unto Lewes the 11 that by reason of Vacancies Expectatives and such like meanes there goes almost a million of crownes from hence to Rome every yeere Which is further confirmed by the testimony of the Ambassadours of the Archbishop of Magdenburg in Germany who was present at the Councell of Basil who hath left upon record that he learned from the Archbishop of Lyons then living that during the Popedome of Martin the fifth who sate 14 yeeres there were carried to Rome out of this Realme of France only nine millions of Crownes without reckoning what was brought in by the Clergy-men of inferiour quality 25 It is reported by an English Historian that Henry the 3 King of England in the yeere 1245 caused an estimate to be taken of the pure rents which the Pope had out of his Kingdome and that it was found they amounted to as great a summe of money as all that he himselfe received out of his Realme nor reckoning divers other commodities beside The like is affirmed by all England together in an epistle sent to Pope Innocent the 4. where it is said That he received more pure rents out of England than the King himselfe who is the guardian of the Church and the governour of the Kingdome And hereupon the the transporting of gold or silver to Rome was forbidden in this Kingdome by many good Statutes made at severall times Saint Lewes who amongst divers others made one hereabouts expresly forbidding all such exactions was neverthelesse Canonized for a Saint King Charles the 6 Henry the 2 Charles the 9 and others were never thought the lesse Catholique for this nor the people of France that demanded it in their Councels of State ever reputed the lesse zealous in Religion For by this meanes the Popes and Cardinals would be the more honest men for there is nought that spoiles them but too much ease and wealth And so they should both cleare themselves from that infamous crime of Simony which all Christians detest and abhorre and also acquite all those that barter with them who according to the opinion of Devines and the sentence of the Parliament of Paris in the 71 Article of their Remonstrance share with them in the sinne also For to beleeve the Popes flatterers who goe about to perswade them in their filthy writings that though they practise Simony yet they cannot be Simoniacall this were to hood winke the eyes against all truth and to sleep in a blind ignorance The men who were the most eminent for learning in the time of Pope Paul the third who were bound by oath and adjured by him upon paine of excommunication to tell him the truth concerning the reformation of the Church told him plainly amongst other things That it was not lawfull for the Pope and Vicar of Christ these are their very words to make any gaine out of the use of the power of the Keys committed unto him by Christ For it is Christs command say they Freely yee have received freely give 26 The Emperour Ferdinand in his demands put up at the Councell of Trent required that the ancient Canons against Simony might be restored Now these ancient Canons bind the Pope as well as other Bishops and you shall finde no exception for him there but our Councell had no leasure to thinke of this I could here make a large discourse of the Reservations of Bishopriques and other dignities and benefices Ecclesiasticall of the granting out of Graces and the next voydance of benefices of mandats of provision and other wayes which the Popes have used and doe use to this day to enhanse their revenues The Ordinances of our Kings are full fraught with complaints made concerning this particular as are also the works of divers authors All those that ever medled with reformation put alwayes up some Articles about this point The deputies of Paul the third have a whole Chapter of it in their Councell The Councell of Basil and the Pragmatique Sanction hath condemned them The King of France desired the like in his demands Yea and the Councell it selfe hath taken an order with them but it is with reservation of the Popes authority above all which is as much as to put a gull upon all Christendome seeing the reformation in this case was demanded onely against him inasmuch as he is the man from whence all the disorder proceeds And after this all that are acquainted with the Court of Rome doe very well know and can testifie how the Pope doth still practise these meanes and whether all the decrees of this Councell have debarred him of dispensing his favours 27 The Popes not content with the gold and silver which they get by these meanes doe use taxes and tributes besides like secular Princes not only upon Clergy men but Lay men also yea upon whole Princes and Kingdomes Gregory the 9 the yeere 1229 demanded of the Kingdome of England the tenth part of all the moveable goods as well of the Laity as Clergy to maintaine his warre against the Emperour Frederickâ— telling them that he only had undertaken that war in behalfe of the Church Catholique Which demand Henry the third King of England saith an English Monke having passed his word to the Pope by his officers for the paying of those tenths had no way to gainsay But the Earles and Barons and all the Laity did oppose it refusing to engage their Baronies and demaines As for the Bishops Abbats Priours and other Prelates after three or foure dayes consultation they at last condescended to it with a great deal of murmuring fearing the sentence of excommunication in case of refusall as the Monke hath it word for
defeated and stopped by Apostolicall letters and rescripts The German Nation framed likewise a complaint concerning this point and presented it to the Emperour Maximilian The causes say they that might be determined in Germany where there are both just and learned Iudges are removed to the Court of Rome withouâ— any distinction 10 The Popes have likewise gone about to usurpe the Lay jurisdiction and to draw unto them all sorts of Lay men even in profane maâ—ters whereof the States of Germany made a grievous complaint also which we will here insert Seeing that not only the grounds of equity but also the ordeâ— of things doth require that the bounds of jurisdictions be distinct and limitedâ— and that every Ordinary content himselfe with his owne bounds without entrenching one upon another in the exercise of their jurisdiction yet the Popes heretofore never considered this equity but sleighting it have oftentimes cited Laymen to Rome and made them appeare in judgement before them and that evâ—n in causes profane as cases of inheritance or morgages and those of the first rank Which thing tends to the losse dammage and mispâ—ision not onely of those that are summoned but also of the states of the Roman Empire and to the disgrace and infringing of its jurisdiction Item when any man offers to affirme upon oath at Rome that he doth not expect that he can obtain justice of his competent Iudge in Germany he is forthwith admitted to take that oath and letters are granted to him to set his adversary a day and so the suit is removed from Germany to Rome without ever any request made to the Iudge or notice given to the party Whereupon under pretence of this oath neither the reasons of not proceeding nor any other proofes are admitted although it may bee plainly convinced that the adverse party is perjured Which thing if it take any deep root and be not remedied in the beginning all causes in fine will bee devolved to the tribunall of the Court of Rome and all Ordinaries deprived of their jurisdiction which would be both unjust and untolerable 11 Wee will here set down by way of commentarie on these Articles the severall usurpations which the Popes have made upon Lay men in point of justice and jurisdiction The Glossatour upon the Canon Law freely confesseth That the Pope doth daily give out writs to Clergy-men against Layiques in all causes whatsoever and by this meanes getteth the jurisdiction of the other The Parliament of Paris urgeth this usurpation in their Remonstrances to Lewes the eleventh Item the Clergy would not only be molested by citations from the Court of Rome but the Seculars would be like the Barbour before S. Dennis of the Charter who lost his son in the Court of Rome by the Pestilence and the Father was afterwards summoned into the Court for his sonnes debts as also M. Iohn d' Argonges the Kings Advocate One of our old Lawyers toucheth this very usurpation Observe saith he speaking of the exception in case of excommunication that this was invented by the Pope for another reason to wit that his power might be therein enlarged as well in the Civill Court as the Ecclesiasticall which ought rather to be restrained than augmented inasmuch as the psalterie doth not agree well with the Iettren 12 Other Prelates have done the like after the example of their Head witnesse the complaint of M. Peter de Cugueres against the Clergy of France Although the cognizance of Lay men belong to the Secular Iudge excepting in spirituall cases yet the Bishops Officials cause them to be summoned before them upon the demand of the parties and if the said Lay men decline the jurisdiction of those Officials or those Lords whose subjects they are require that they may be dismissed as being their temporall Lords and Iudges the said Officials refuse to do it and compell the parties by excommunications to proceed before them Hee quoteth many other cases in divers Articles which the reader may see in the Authour CHAP. VIII Of Ecclesiasticall informations and of the Popes Commissaries and Legates 1 THe chiefe meanes whereof the Popes have served themselves against Laymen to get the jurisdiction over them even Kings and Princes have beene Ecclesiasticall denuntiations for upon complaint and information made unto them against a Layman they would cause him to be summoned before them namely then when there was any oath in the businesse or any sinne might follow upon it which commonly fell out in all causes And suppose all this failed the Plaintife needed but sweare that hee looked for no justice from the Lay Iudge as the articles of the States of Germany have it 2 Wee have a pretty example in Philip Augustus King of France who having some difference with King Iohn of England surnamed Lacke-land concerning the Dukedome of Guyen and Earledome of Poictiers which Philip supposed to belong to him because homage was not done for them and concerning the Dukedome of Brittaine which was confiscated unto him by the murther of Arthur King Iohns Nephew whom he had killed hee was summoned to Rome by Innocent the third upon the information made by Iohn supposing that the Pope ought to have the determining of their controversie by reason of an oath upon the setling of the lands formerly made betweene the two Kings and the violation thereof concerning which hee writ at large to the Bishops of France that they would approve of his proceeâ—ings which was so well liked by his successors that they canoniz'd his Decretall which neverthelesse hath beene disliked by some Devines And for the Canonists some of them have said that the Protestation which he makes at the beginning of it contradicts the Act it selfe in as much as he declareth that hee will not meddle with the jurisdiction of the Kings of France which neverthelesse hee did for the feudall differences being determined by the Peeres of France betwixt Philip the Lord and Iohn the Vassall yet the Pope would have his Legats to have the cognizance of them for heark how he speakâ— That Philip would patiently suffer the Abbat of Casemar and the Archbishop of Bourges to have the full hearing whether the complaint put up against him be just or his exception legall The observations of learned Cujacius up 〈◊〉 that Chapter are remarkable He protesteth saith he doing one thing anâ—â—etending another not to intermeddle nor usurpe the cognizance of the fieffs beloâ—ging to the King which he knoweth to appertaine to the King and the Peeres of France but onely to have the cognizance of the perjury And he afterwards addes All this he wrote to appease the Prelates of France and beare them in hand that he proceeded justly against their King and put all his Kingdome in an interdict upon this occasion yet for all that he gained nothing by it 3 In the time of Saint Lewes a great complaint was made against Innocent the fourth
condemning of the Pelagians so Martinuâ— Polonuâ— And speaking of Pope Innocent the first who lived at the same time he saith indeed that he condemned Pelagiuâ— but it was not in that Councell whereto he neither gave consent for the calling of it nor had voice in the decision 13 Vnder the same Emperours there was a disputation and conference holden in the same City betwixt the Catholique Bishops and the Donatists where St. Austin was present and where all the Bishops of Africa both on the one side and the other were summoned to appeare Flavius Marcellinus one of the Emperours officers was made Iudge there to whom those who appointed the place of meeting direct these words Your greatnesse hath sent us through the Provinces according to the Emperours command and hath dispatched his edicts injunctions through all Affrica to the intent that all Bishops as well Catholiques as Donatists should come unto this conference within foure months 14 The Fathers of the Generall Councell at Constantinople in Trullo speake thus unto the Emperour Iustinian the second You ordained that this holy Generall Councell elected by the divine providence should be called together And anon Vpon this occasion we have written these holy Canons being assembled together in this Imperiall and religious City by your pieties speciall command 15 The Acts of the fourth Councell at Rome assembled vnder Pope Symmachuâ— shew that it was called by the command of King Theodoric then ruler in Italy Thâ—â— holy Synod assembled at Rome out of divers Nations by the command of King Theodoric c. 16 Those of the Synod of Aix the Chappell in Germany holden under the Emperour Lewes in the yeere 816 speake in this sortâ— Whereas the most Christian and glorious Emperour Lewes hath called a holy and Generall Councell at Aix c. He that writ the continuation of the History of Eutropius speaking of the Emperour Lewes the second the sonne of Lotharius saithâ— The royall Majestie opposed the Apostolicall dignity objecting to the Pope the ancient decrees of Fathers wherebyâ— it is not lawfull for a Prelate to excommunicate a Bishop without a Synod which Councell ought not to be called by the Pope but by the Emperour All this is spoken in favour of Iohn Archbishop of Ravenna whom Pope Nicholas the first had excommunicated 17 The Emperour Otho the Great after hee had admonished Pope Iohn the 12 and saw that hee would not amend his scandalous life Called a Councell saith Platina making all the Bishops of Italy meet to condemne that wicked person The Emperour Henry the 3 saith the same Platina having called a Councell after hee had there compelled Bennet the 9 Sylvester the 3 and Gregory the 6 as three most hideous monsters to renounce the Popedome he created Sindegerus Bishop of Bamberg Pope who was afterwards called Clement the 2. This was done in the yeare 1047 The Emperour Henry the 3 having called a Councell at Wormes consisting of 24 Bishops and divers noble men commanded that all the decrees of Pope Gregory the 7 should be cassed and cancelled 18 Radenicus speaking of the Emperour Frederick the first Supposing saith hee that after the example of the ancient Emperours as Iustinian Theodosius Charles c. the power of calling a Councell belonged unto himselfe And elsewhere hee makes Frederick speake in the same tone in that oration which he delivered to the Councell The Councell of Constance saith Iohn le Maire was assembled by the command of the Emperour Sigismond and by the common consent of the five principal Nations of Christendome namely the German French English Spanish and Italian for noting out of schismes 19 The Bishops thus called by the Emperours that wee may note this by the way were bound to goe to the Councels which is sufficiently verified out of those places wee have formerly alledged for the Emperours summons being legitimate it must needs follow that the parties summoned were bound to make their appearance But it is requisite wee prove it out of the Acts themselves for there are some of the Popes Advocates which run to this lurking hole Constantine the Great without any prejudice to those honours which he had granted unto the Bishops of the Nicene Councell writ thus to that of Tyre If there be any as I hope there are not who cunningly goes about to sleight our command and refuseth to come unto the Councell wee will send some from hence who shall dismisse him of his dignity to teach him that no man may contradict Imperiall ordinances made in behalf of the truth So the Emperour Theodosius when hee called that of Ephesus which was the third Generall Councell Nicephorus saith hee added thus much unto his letters That hee would not hold him excused neither before God nor man who should not make his appearance at Ephesus upon the day of Pentecost appointed For saith he hee who after citation to a holy assembly of Bishops doth not run with chearfulnesse hee gives us to understand that hee hath no good conscience There is yet this clause more So then wee being diligently employed about this businesse which wee have set our minde upon will not suffer any man to be absent without punishing him 20 Let us now returne to our former discourse Wee suppose our adversaries are so reasonable that they will content themselves with these many examples which wee have urged and I beleeve they will suffer themselves to be perswaded hereafter that the Councels wee speake oâ—â—ere not called by the Popes authority or consent If so those Historians which write of them doe grossely abuse us considering they never speake a word of it the Acts of those Councels which are yet extant amongst us for the most part must bee accused of falsity which are silent in a matter of such moment The Popes themselves have prevaricated in their own cause who have never mentioned their pretended consent when they speake of the convocation made by Emperours as when they make mention of the sixth General and the four first so much renowned Councels Hearken wâ—â—t Pope Gelasius saith to it in his Councel holden at Rome As for the four first Generall all Councels three of them were called by the Christian Emperours to wit the Nicene by Constantine that of Constantinople by Theodosius the elder and that of Chalcedon by the Emperour Martian Hee might have added the fourth at Ephesus which was called by the Emperours Theodosius and Valentinian Hearken what is said hereof in another place of the Decretes concerning the Councell of Millain The Emperour Valentinian desiring to put a Catholique Bishop in the Citie of Millain after the death of Auxentius the Arrian having called the Bishops together spoke unto them in this manner You know very well as being versed in Scripture what manner of man a Bishop should bee c. And afterwards The Synod desired him to make choice and nominate one
Appeal to a future Councell touching the condemnation of the Councell of Basil made by Leo the tenth in a conventicle assembled by him at the Lateran and also touching the abrogation of the Pragmatique Sanction wherein that Councell was confirmed But it is expedient to heare the truly pious words of that generous Vniversitie Pope Leo the tenth in a certaine assembly holden at Rome we know not how but surely not in the name of the Holy Ghost for where he is nothing can be consulted upon or determined against the law of God the Sacred Councels hath resolved we know not upon what advice to abrogate the said so usefull Decrees transgressing herein against the Catholique faith and authority of sacred Generall Councels and therefore hath condemn'd the holy Councell of Basil making certaine other Decrees at his pleasure under correction be it spoken to the prejudice of the Realme and of Daulphine and to the detriment of the subjects of our most illustrious King of France And afterwards Having made such novel decrees he hath constrained our most renowned King Francis by the perswasion of some body or other to give his consent unto them while he was in Italy imployed there in businesse of warre Wherewith we the Rectour and Vniversitie doe finde our selves grieved wronged and oppressed and doe provoke and appeale from the Pope ill-advised as concerning the abrogation of the Ordinances and Decrees of the said holy Councell of Basil and the Pragmatique Sanction thereunto adhering to a future Councell lawfully assembled in some safe and free place c. Given at Paris in our generall Congregation solemnly holden at Saint Bernards May the 27. 1517. A German Monke speaking of this Appealâ— saith Not without cause did the Vniversity of Paris become appellants to a Generall Councell against Pope Leo for the good and preservation of the Churches of the whole Kingdome and especially for that the same Pope Leo had undertaken to condemn and disanull the Councell of Basil in a certaine assembly or conventicle of Cardinals holden aâ— Rome 9 Some of the Commentators among the Canonists have said in expresse termes that an Appeal may lye from the Pope to a Councell amongst whom are Ludovicus Romanus and Abbas Siculus in his allegations Such Appeals to a future Councell are not to bee stranged at for in France they goe further than so insomuch that it is lawfull to appeale to the Parliaments from the execution of the Popes abusive Buls 10 But Bellarmine urgeth some examples to the contrary against us to wit of Appeals made from Councels to Popes the first is of Athanasius Bishop of Alexandria and Paul Bishop of Constantinople who saith he being deposed by a Councell appealed to Pope Iulius and were by him restored to their Sees againe This he takes out of the Ecclesiasticall history of Soâ—â—â—en which makes against him First he doth not any way speake of appealing â—â—om the Councell to the Pope for that was not then in use Hee saith indeed that Athanasius and some other Bishops being deprived of their Sees and persâ—cucuted by the Arrian Bishops which were in the East fled to Rome as to a haven of reâ—uge that the Pope having heard their confession conformable to the Nicene Creed received them into communion restored them to their Churches and writ to the Easterne Bishops whom he rebuked for deposing them but we must alwaies remember that they were Arrians and persecuters and that the controversie was not betweene parâ—ie and partie If Bellarmine deny it or if he answer that wee must looke here onely to the forme of proceeding which was ordinary we will take him at his word and presently oppose unto him the authoritie of his owne author who saith that these Bishops so soone as they had received the Popes letters framed him an answer full of ironyes and threats That they confessed as hee said that the Church of Rome was the principall as that which was the prime of the Apostles and the Metropolitane for pietie ever since the beginning howbeit thoâ—â— which planted Christian religion there came first out of the East but they were displeased that he should thinke they were inferiour to himselfe because his Church was of a greater lustre though they excelled him in virtue and sanctitie of life They objected also against him as a crime that hee had communicated with Athanasius and the other Bishops and that they could not endure to see their sentence made invalid by him as if it were by a Councell So that what he did was by way of abuse and usurpation and not by right 11 The second example is of that Appeal which he saith was made to Pope Leo the first from the second Councell of Ephesus by Flavian Bishop of Constantinople and Theodoret Bishop of Quars It is easie to make it appear thâ—â— tâ—is was not so For first it is plaine from the Acts that the Appeal was put in â—imply by the word Appello without mentioning whither Secondly the appellants presented a petition to the Emperours tending to this effectâ—â—hat they would be pleased to referre the cause unto a Councell Thirdlyâ— the Councell passeth the judgement upon the case of the Appeale And fourthly the Pope himselfe was condemned by that Synod He was one of the plainâ—ifes against Dioscorus the Head of it Whereupon it was said to his Legats by the Presidents of the Councell of Chalcedonâ— That they being accusers could not bee judges Pope Nicholas the first testifies that Dioscorâ—â— was not so much condemned for his heresie as for daring to passe sentence against the Pope To what purpose then had it beene to appeale to him seeing hee himselfe was condemn'd and was a plaintife 12 The third example is of an Appeal made to Pope Iâ—nocent the first by Iohn Chrysostome who was deposed by a Councell as it is testified by Pope Gelasius But he makes us sometimes beleeve that they as other men will be sure to let us have the best in the packe when their owne greatnesse is in question Sozomen is more to bee credited in this point than hee who relating the fact saith not a word that comes neare to any such Appeale Onely hee tells us that Chrysostome was deposed by a Councell of Chalcedon not the Generall but another that Pope Innocent having notice of the fact condemned it that is was displeased at it and disallowed of it That which followes confirmes this exposition that hee tooke paines to get a Generall Councell called that hee writ some consolatorie letters to Chrysostome and the Clergie of Constantinople where he was Bishop Amongst other things hee saith But what remedy can wee apply to it for the present There must of necessitie bee a Synodicall judgement So I have said a long time that wee must assemble one And accordingly hee sent five Bishops and two Priests of the Church of Rome to the Emperours Hâ—norius and Arcadius to intreat a Synod of
liberties by virtue whereof the Pope cannot dispense for any cause whatsoever with that which is of the law of God or nature or with that wherein the holy Councels doe not allow him to dispense And to that which is set downe in this point by the Ordinances of our Kings which expresly forbid all the Iudges of the land to have any regard To dispensations granted contrary to the Sacred Decrees and Councels upon paine of losing their places and declare furthermore That such as procure the said proviso's and dispensations shall not make use of them unlesse they get leave and permission from his Majesty CHAP. IV. Of Vnions of benefices 1 THe Councel leaves the Vnions of the benefices of Popes disposall at least such as are perpetuall for having made some rules concerning them it addes this clause Vnlesse it be otherwise declared by the See Apostolique The like may bee said of personall Vnions whereof the Pope may dispose at his pleasure by virtue of that clause Saving the Popes authoritie in what concernes manners and Ecclesiasticall discipline So then hee may make them at his will and pleasure and no abuse which he can use therein be subject to censure For from what hand can it come In the meane time see here a notable prejudice to all Christendome and which continually tends to the augmentation of this Papall power in attributing unto him the power of other Bishops to the end that all may depend upon him 2 In the Canon law it is said that Bishops may unite Churches Seeing then it belongs to their ordinary jurisâ—iction it is a wrong to them to take this power and facultie from them to bestow it upon the Pope To whom it is true so much honour hath beene yeelded in France as to receive his Bulles whereby they proceed to the union of benefices provided they be not personall and for the other that they be granted after full cognizance of the cause and upon very just and lawfull reasons And which is more it is not sufficient that those causes bee knowne to the Pope alone that they bee declared in his Bulls but hee is bound to send out his writs of delegation In partibus for the effecting of the said unions with cognizance of the cause and consent of the Patron and such as are any way interested in them Which is as much as to give the power and authoritie to the Bishops reserving the honour to the Poep as appeares by the Collection of the liberties of the Gallicane Church See here the very words of it The Pope cannot make any unions or annexions of the livings of this Kingdome during the life of the Incumbents nor at other times but he may grant out writs of delegation concerning unions which is conceived to bee done according to the forme prescribed in the Councell of Constance and not otherwise and this with the consent of the Patron and such as have any interest in them 3 In the fortie third Session of the Councel of Constance it is said that those unions shall be void which are not made ex veris rationalibus causis upon true and reasonable causes This is the forme which the former Article speaks of If they be made otherwise an appeale is put up to the Parliaments of this Kingdome to stop the execution who have ofttimes cassed and disanull'd such like Bulls upon such occasions and that without any regard of the lapse of time or any other prescription as appears by the testimony of our common Lawyers of France and by the Arrests which have beene granted out So by an Arrest of Paris of the 17 of February 1547 the union made by the Bulls of Pope Clement the sixt with the counsell of his Cardinals and a Commandery of St. Lazarus and another Commanderie of St. Iohn of Ierusalem was cassed and declared to bee void upon the Appeal as from abuse exhibited by the maister of the Order of St. Lazarus a hundred years after and that because it had beene made without any just cause 4 The union of the benefice of St. Saviour with the Church of St. German Lauxerrois in Paris made in the yeare 1456 by virtue of the Bulls of Pope Calixt the third was likewise disanulled by an Arrest of the Parliament of Paris of the first of Aprill 1560 and so above an hundred years after Although by the said Bulls there was a commission In partibus directed to a certaine Counsellour Clerk of that court of Parliament And this because it appeared to the Court that that union had not beene grounded upon any sufficiciently just and necessary cause 5 Another union of divers livings with the Church of Tulles in Limosin made by virtue of the Bull of Pope Leo the tenth in the yeare 1513 was declared to be abusive by an Arrest of the Court of Parliament of Paris And another besides of divers benefices with the Priorie of Limoges by an Arrâ—st of the grand Councell of the 13 of March 1559. Pope Innocent the eight had united the parish Church of Blonu with the Chapter of the Cathedrall Church of Limoges by his Bulls of the 19 of March 1488 upon very colourable and apparent grounds as appears by the Bull which a learned person of our times hath inserted in his works entire But notwithstanding all his faire narration it was anulled fourescore years after by an Arrest of Paris of the last of Aprill 1575 upon the Appeale as from abuse which was exhibited against the execution of it for defect of a Commission upon the place 6 Another Bull had beene granted by Pope Alexander the sixt in the year 1500 for the union of the Parish Church of Doway with the Chapter of the Cathedrall Church of the same place which is quoted by the same authour But the Parliament of Paris upon the Appeale as from abuse exhibited by the Curat of Doway to stop the execution of it disanulled the union by an Arrest of the 1 of May 1575 because there wanted a writ for a Commiâ—sion In partibus Divers other unions besides have beene declared to bee abusive because they were made without the consent of the Lay Patrons and the Bulls have beene annulled as well by the Parliaments as by the Grand Councell 7 Now the Councell of Trent hath derogated from all these Arrests and others of the like kind first whereas abusive unions may be disanulled without any regard to prescription or tract of time by this Councell prescription of fourtie years is approved unlesse it bee in case the Bulls were obreptitious or subreptitious that is unlesse the Pope had false information whereas by the foresaid Arrests no prescription is considerable As for the other which have beene made within fortie years it is said indeed that they ought not to be valid unlesse they were made upon just cause and those whom it concerned were called before the Ordinarie of the place but it
libels just as it is at this present This he delivers in his Commentarie upon the three lawes of the Emperour Constantine and the two of Constantius made in this case which wee read at this day in the Code of Theodosius 5 Those words of the Emperours Valentinian and Valens are also remarkable If any man have any care of his devotion and the publique safetie let him professe his name and with his owne mouth speake what hee intended to prosecute by defamatorie libels This may well bee referred to libels in case of religion nor was it ever meant by those Emperours in any other sense Now all these forementioned constitutions with some others of the same Valentinian and Valens Arcadius Honorius and Theodosius lay a punishment upon the authours of such libels and the Publishers of them committing the cognizance and execution of that punishment unto their Officers and Magistrates directing those very lawes unto them to the intent that they might observe them in their judgements 6 An infinite company of the Ordinances of our Kings speake expresselie of defamatorie and scandalous libels which concerne matter of religion they prescribe what punishment shall be done upon them what paines the authors printers and publishers shall endure and in expresse termes assigne this jurisdiction to the Iudges Royall Of this kinde is that of King Henry the second of the eleventh of December 1547 made at Fountainbleau and another of the same Prince made at Chasteaubriant the yeare 1551 that of Charles the ninth made at Mante the tenth of September 1563 that of the States of Molins in the 77 Article and an infinite companie besides which stirre up the jurisdiction in this point 7 I shall content my selfe with setting downe the words of one of them only namely that of King Charles the ninth made at Mante the tenth of September 1563 which speaks of defamatorie libelsâ— placards pasquils and such like things in matter of Religion and as for the point of jurisdiction ordaines as followeth Commanding all publique Magistrates Commissaries of the countrie and other our Officers whom it may concerne to have an eye and regard hereunto charging our Proctours and Advocates in every place to doe their endeavour and bestirre themselves herein all other businesse laid aside to the finding out and punishing such faults as they shall finde concerning this particular And afterwards they are commanded to observe the said ordinance punctuallie and proceed against the breakers hereof by the punishments there assigned peremptorily without observing the ordinarie formes of justice 8 Wee have also some prettie lawes in Iustinian about the punishing of Witches and Sorcerers which are addressed to the â—ugdes and Magistrates yea there is one of them that commands him that shall catch any of them to put them into the Iudges hands That forthwith hee bring him out in publique and present him before the eyes of the Iudges The Emperours Honorius and Theodosius writ to Cecilian one of their Magistrates that hee should banish them unlesse they would coÌ„sent to see their own books burnt in the presence of the Bishops Which shews that the Bishops had but little jurisdiction in that regard Leo the Emperour writes also to one of his Officers that he should punish them with death as Apostates 9 The punishing of such as contract clandestine marriages and those that conspire with them therein and those that advise or assist them about the consummation therof belongs also to the Iudges Royall by the Ordinance of King Henrie the second made at Paris in Februarie 1556 in these words Let them bee lyable to such punishments as our Iudges shall thinke fit according as the case shall require to whom the cognizance hereof shall appertaine and wherewith wee charge them upon their honours and consciences Which Ordinance was renewed at the States of Blois since this Councell was holden A certaine argument of the rejection thereof by the late King 10 As for causes matrimoniall those civill Lawes which give the cognizance of them unto Iudges and Magistrates are sufficiently knowne by every bodie We shall onely speake of the law of France after we have set downe the words of the Councell If any man say that matrimoniall causes belong not to Ecclesiasticall Iudges let him be accursed See here 's a Canon without either saddle or bridle which is able to feare all the Secular Iudges in the world and make them forbeare all judgements whatsoever concerning marriages or any thing that depends upon them for there is nothing excepted 11 It is the custome in France that when the question is of the rite of the coupling together in marriage as for instance Whether mariage be perfect and consummate by words of the future or of the present the cognizance belongs to the Ecclesiasticall Iudge but if it be a question of fact as Whether the contract was made by words of the present or of the future then it fals within the jurisdiction of the Civill Iudge So likewise if separation from the bed or divorce be barely required and no more then it is for the Ecclesiasticall Iudge to determine but if the question be of any fact as if divorce bee required because one of the married parties is a thiefe then it is for the lay Iudge Further if the question about marriage be betwixt any other parties than the husband or the wife as if the father and mother be interessed in it so likewise if the controversie be about the dammages or profits arising from a marriage about the portion or gift given in consideration of a marriage about any transaction in a matrimoniall cause or other consequences or dependentsâ— it belongs no more to the Ecclesiasticall jurisdiction as hath beene adjudged by divers arrests of our high Courts of Parliament 12 The right of patronage is indeed a thing annexed to somewhat which is truly spirituall yet it doth not cease for all that to bee a temporall right in some kinde This distinction hath ever beene currant in France that the Ecclesiasticall Iudge determines of Ecclesiasticall patronage when the question is about the petitorie but for the possessorie that is for the Civill Iudge This maxime is most true that in things spirituall the cognizance of the petitorie belongs to the spirituall Iudge and of the possessory to the lay Iudges Accordingly the Parliaments and other Iudges of this kingdome have determined concerning the possessorie in the matter of tythes which are as spirituall as patronages can be concerning which there is an Arrest of Paris made 1262 to be seene in the great collection of them They have also ever determined of the possessorie of Benefices concerning which there is an Arrest of the Parliament at Bourdeaux of the 19 of Iuly 1524 in the same collection Pope Martin the fifth hath so agreed upon the case with King Charles the seventh concerning the possessorie of Churches Tythes Benefices and all other spirituall things
they commenced every one of them for twenty pound rent given unto them by legacy by the said Ioan. And the said Court did reserve unto it selfe the power of disposing of the said revenew for the soule of the said Ioan deceased Pronounced the twenty fourth of March 1385. Amongst the Arrests num 28. In the same Collection I finde written December the fift 1371 it was said that the Augustine Monkes should not possesse any immoveable goods The sixt of Aprill 385 't was said that the Mendicants should not possesse any temporall goods in the booke of the Counsell And as for the priviledges granted by the Pope hearke what the Collection of the liberties of the Gallicane Church saith of them The Pope cannot allow or dispence with any man for holding and possessing any goods within this Realme contrary to the lawes statutes or customes of the places without leave and licence from the King This is further confirmed by an Arrest of Paris made in the yeare 1391 whereby a certaine Carmelite called Gratian was declared not to bee receiveable in a suit which he made for a certaine thing issuing out of an immoveable for the holding whereof hee was dispensed with by the Pope They were also forbid to hold secular benefices and Ecclesiasticall dignities by the letters patents of Charles the sixt bearing date the nineteenth of February 1413 notwithstanding the Popes dispensations 4 The Councel hath made a law concerning the farming out of Ecclesiasticall goods and lands whereby such leases as are made for many years and for payments before-hand are declared not to bee valid to the prejudice of successours Commission is also granted to the Provinciall Synods or those whom they shall depute to judge and declare invalid such leases of Ecclesiasticall goods as were made within this thirtie years for a long time or as it is in some places for nine and twentie yeares or twice nine and twenty years Whereupon it is urg'd in the first place that it belongs to Kings and Emperours to make lawes and Ordinances about the alienation or letting out of Ecclesiasticall goods as they have alwaies done in so much as all our books are full of examples in this kind And what Popes and Councels tooke upon them in this regard was by their toleration In the second place it doth not belong to a Councel to nominate and chuse Iudges for the deciding of controversies arising about such farmes and leases Nor doth it belong to the Ecclesiasticall Iudges to take the cognizance of them but to the secular And so it hath alwaies beene accustomed in France whereof there are an infinite number of Arrests given out in such cases 5 It is ordained by the sixt Chapter of the second Session of the same Councel that the commutation of last wils and testaments ought not to be admitted but upon just and necessarie causes See this is very faire but put case the Pope ordaine otherwise then there is no remedy For it is only said That the Bishops as Delegates for the See Apostolique shall take knowledge summarily and extra judicium whether there have beene any errour or false information They cannot therefore judge whether the cause bee lawfull or no. See here then a grievance common to all Christendome Behold yet another more particular to France which is that the Lay Iudges are herein deprived of their jurisdiction to whom it belongs to judge of the justice of the cause in matter of such commutations excepting the case of conscience See what is said in this point in the Collection of the liberties of the Gallicane Church The Pope cannot convert any Legacies though they be given to charitable uses or to any other use contrary to the will of the deceased save only in such cases when the will cannot be formally observed or where there is a necessitie of making such commutation alwaies provided that in such cases it be equivalent to that which was ordained by the testament or other disposall made by the last will of the deceased the cognizance wherof notwithstanding belongs to the Lay Iudge except for the case of conscience Now suppose the Pope chance to make any such commutations without a substantiall and lawfull cause it belongs to the Court of Parliament to reforme them upon appeals as from abuse which are wont to bee put up in such cases who must have their hands tyed if this Councel be admitted CHAP. X. Of the command laid upon Ecclesiasticall persons to receive this Councell and of other grievances 1 ANother great prejudice is offered unto the Royall dignitie by this Councell when it commands all Clergie men forthwith to receive in publique the Canons and Decrees thereof and those to whom the care of Vniversities doth belong to effect the same and bring it so about as that Maisters and Doctors and others publiâ—uely teach what is contained in the Canons of it and binde themselves by a solemne oath to the observation of this Decree In this they take too much upon them that they wold have al things put in execution without the Princes consent or privitie and perhaps even against his will It hath alwaies belonged to Kings and Emperours to approve the Canons and Decrees of Councels Wee have proved it in the third Book by many plaine examples taken out of all antiquitie 2 Wee wee will adde in behalf of France that the Councell of Basil used another manner of respect towards our King when at two several times it sent forth Deputies with expresse commission into this Kingdome to get their deliberations â—o bee received here which it could not fully obtaine but some of them were rejecâ—ed at that time when the Pragmatique was a making as appeares by the narration of it And the Cardinals which came thither the second time to get him to allow the deposition of Eugenius the fourth and the creation of Felix the fifth in his place and stead returned from thence without effecting any thing as appeares by the act of protestation set forth by King Charles the seventh of which wee have spoken towards the beginning of the first Book We say then that to give out such commands to Ecclesiasticall persons and Vniversities is all one as to set up two Monarchies in France and other Kingdomes All this should bee referred to Kings and Princes and they by their authoritie after they have approved and allowed of the resolutions of a Councell should cause them to bee put in execution and observed The late king Henry the third and the States of France assembled at Blois in the yeare 1579 knowing this very well made certaine lawes concerning Ecclesiasticall discipline in some sort conformable to these of the Councell of Trent in many matters without making any mention of it Whereby they give us to understand that the proceedings of it displeased them and that they would not receive the Decrees and Constitutions thereof 3 But the worst is yet that such as are refractorie