to say pay the Physician Now seeing the Priest-hood was a Real Employment and Divine Function St. Paul had reason to give it the Title of honour which properly belonged to the Magistrats of States The Church hath not only imitated the Synagogue in the way of distributing its Charity but also The Original of the Ministers of the Church hath followed the Discipline observed amongst the Jews in respect of their Ministers The Synagogues were composed of a Ruler of the Synagogue which the Hellenist Jews called Archi-Synagogus Priests or Elders and Deacons and that was the cause why the Apostles established in Christian Assemblies those three sorts of Ministers under the names of Bishops Priests and Deacons The Bishop in these Assemblies had the same honour as the Ruler of the Synagogue amongst the Jews had in their Synagogues The Superiority of the Rulers of the Synagogue in respect of the Priests or Elders consisted only in some Titles of honour as being the Chief amongst their Brethren And therefore they are all comprehended under the name of Priests or Elders in the Hundred and seventh Psalm where we have these words (1) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Psal 107.32 Let them also exalt him in the Congregation of the People and praise him in the Assembly of the Elders which was the place of their Meetings So we find in the New Testament that the names of Priest and Bishop are indifferently taken the one for the other and that Assembly or Council of the Elders which was called Presbyterium consisted of the Bishop and the Priests or Elders The Bishop or President as the Ancient Fathers speak had indeed the chief Direction or Superintendency from whence he was called Bishop which word is also found in the Greek of the Septuagint or Hellenists but he made up but one Body with the Elders or Priests who in Quality of Judges had their Jurisdiction jointly with him Hence we may infer that in the beginning of the Church the management of affairs and the Jurisdiction which is now called Episcopal did not depend on the Bishop alone no more than the distribution of the Offerings but on the whole Senate or Assembly of the Priests and this continued so long as there was but one Church in every City one Altar and one Consistory of Priests joined to their Bishop because it was not easy then for the Bishop to become Master of the whole Jurisdiction and Administration of the Revenues But so soon as it was necessary to encrease the number of Churches The Original of the great Authority of Bishops there was some cause to fear lest those who governed the new Churches might attribute to themselves the quality of Bishops finding themselves at the head of a particular Church And therefore the Bishops began to take to themselves authority over them for which it was necessary to appoint that there should be but one Bishop in every City on whom the Elders or Priests should depend who were to take upon them the Government of the new erected Churches which were called Titles St. Jerome strongly maintains this opinion in his Commentaries on the Epistle of St. Paul to Titus where he affirms that before this division each Church was governed by the Common Councel of the Priests but that for avoiding all occasion of Schism one of these Priests or Elders was chosen to be the Chief and to take upon him the care of the whole Church He pretends that the names of Priest and Bishop did not at all differ in the beginning and that therefore St. Paul made use of them indifferently Then he subjoyns (1) Episcopi noverint se magis consuetudine quam dispositionis dominicae veritate Presbyteris esse majores Hieron com in Epâ—st ad Tit. That it is only Custom which hath made Bishops greater than Priests And this may be confirmed by the authority of St. Paul who writing to the Churches under the name of Elders comprehends both Bishop and Priests It is to be observed however that the Church being encreased hath borrowed many terms and points of Government from the Republicks of Greece and that when there was a necessity of erecting Dioceses it hath in that followed the distinction of Provinces according as they were established in the Empire Of the Government of the Church in its Commencement The Church which in its commencement allowed much to the people grew afterwards more Aristocratical in its Government when by experience it appeared that the multitude of people served only to confound and perplex affairs and then the Polity of Aristocratick Republicks came in vogue Nay we find in the very Acts of the Apostles two sorts of Assemblies as well as in Republicks The one is composed of the Chief amongst the Believers and is called Ecclesia The other admits all indifferently and that the Republicks of Asia named Agoraia which they have always distinguished from the Assembly that they named Ecclesia And therefore the name of Ecclesia or Church hath still been given to Christian Congregations and constantly retained by the Greeks who made the first Ecclesiastical Laws from whence it hath been derived to the Latines who are indebted to the Greeks for all the Ecclesiastical Polity that was setled in the first Ages In this sense we ought to interpret the words of (1) Origen contra Celsum Origen concerning the Form of Church-Government which he explains with relation to the Greek Republicks The Athenians for instance called those Bishops to whom they committed the care of the Towns that depended on their Commonwealth It was long before the Church owned any other name but that of Bishop to distinguish him who had the principal Administration nay when it was even necessary to denote a Bishop who had Jurisdiction over others she called those Bishops (2) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Can. 33 Apost the First Bishops of a Nation or made use of some other expression without inventing new words We find nevertheless the name of Metropolitan in the Council of Nice but the Greeks whose Language is fruitful in new words invented a great many to express the different Offices of the Ecclesiastick State which were not so soon brought into use in the Latine Church The names of Archbishop Primate and Patriarch are but Titles of Honour and External Jurisdiction whereas the quality of Bishop and that also of Elder or Priest The Original of the Ordination of Bishops and Priests is a Character that marks the Ordination which the Apostles borrowed from the Synagogue that chose its Ministers by the Imposition of hands In that manner Moses laid his hands on Joshua and the other Elders who were presently filled with the Holy Ghost And if we will credit the Authority of the Rabbies the power of Imposing of hands belonged not only to the chief of the Sanhedrim but also to the other Elders which seems likewise to be confirmed by St. Jerom (1) Hier. in Episi ad
the Tithes and other Ecclesiastical Revenues A distinction betwixt the Church and the Altar which they possessed but most of these Restitutions were only made to Cathedral Churches and Monasteries though the goods belonged to private Churches Now seeing the Church at that time was distinguished from the Altar Monasteries retained the Churches that is to say the Lands Tithes and other Revenues But because the right of providing these Altars belonged to the Bishops it behoved the Monks to obtain from them that which was called (1) 〈…〉 the Redemption of Altars Godefroi of Vendome and other Authors of the same Age make mention of that right Besides the Council of Clairmont ordained That the Altars which had been given to Chapters or Monasteries by the Vicars whom they called Parâ—ons should return to the Power of the Bishop unless the Bishops had confirmed in writing the Donation made to the Chapters and Monasteries To obtain this confirmation from the Bishop a certain sum of money was required And this abuse caused another for private men would alse have Churches of which they receiveâ— the Profits in imitation of the Canonâ— and Monks and had the cure supplied by Vicars There was no necessity that they who were provided with such Altars should be Priests seeing they substituted Vicars in their places John oâ— Salisbury condemns that abuse (1) Nolunt Sacerdotio enerari an t servire a 〈…〉 de altario vivunt sed personatus qiosdam introduxerunt quorum jure ad alium overa ad alium reseruntur emolumenta and cannot endure that those that did noâ— wait at the Altar should partake with the Altar applying to themselves the Revenues of Churches without rendring any service to the same Churches Yveâ— Bishop of Chartres complains likewise of that corruption in a Letter to Pope Vrban II. wherein he lays open the baâ— Custom that was in France in respect of such Personages which had been authorised by the Bishops his Predecessors Qui altari non serviunt says he de altari vivunt à quo sacrilegio cum eos absterrere velim monedo increpando excommunicando altaria à me redimere volunt sub nomine personae sicut a predecessoribus meis ex prava consuetudine redemerunt Pope Vrban indeed condemned that abuse in a Council held at Clairmont to hinder the Simony that Bishops committed in selling Altars but it seems that they who had bought them from the Bishops gained by their Simony for it was decreed in that Council that such as had for the space of thirty years enjoyed these Altars should not be molested for the future and that the Bishops should exact no more from them but the due which they called redemptio altarium Pope Pascal Successor to Vrban confirmed the same Decree in one of his Epistles to Yves Bishop of Chartres and Ranulphus Bishop of Xantes wherein he speaks to them in these terms Ipsi Arvernensi concilio adfuistis in quo praesidente Praedecessore nostro bonae memoriae Papâ Vrbano consentientibus Galliarum Episcopis decretum est ut altaria quae ab annis triginta sub vicariorum redemptione Monasteria possedisse noscuntur quietè deinceps sine molestiâ qualibet Monasteriis ipsis firma permaneant In this manner did Monasteries and Chapters who were also comprehended in the Decree of the Council of Clairmont retain to perpetuity several Altars which did not all belong to them and they were at the same time exempted from paying to the Bishops the usual dues that were paid after the death of the Vicars for obtaining liberty to put other Vicars in their places It had been me thinks more convenient and agreeable to the Ancient Canons to have left the power of providing for Altars to the Bishops And to prove that that right belonged to them when Laicks were forced to restore to the Church the Tithes and other Church Revenues which they possessed it was decreed in the Council of Melfi under Pope Vrlan II. That no Laick should have Liberty to give to Monasteries or Chapters Tithes Churches or other Ecclesiastical Rights without the consent of the Bishop of the place or the permission of the Pope But it happened that the Bishops abused their Power and permitted Chapters and Monasteries to receive these Rights from Laicks on Condition of a certain sum of money to be paid to the Bishops for granting Liberty of establishing Priests or Vicars who might take upon them the Spiritual care of Churches These decrees of the Popes that were backed with Excommunications frightned many Laicks who instead of restoring the Church Revenues to private Churches to which they belonged restored them to Chapters and Monasteries with the permission of the Bishops The Lay-men liked it much better to restore the Tithes and other Ecclesiastical Revenues to Chapters and Monasteries from whom they got money than to private Churches which had none to give And therefore Councils decreed that these Restitutions should not be made without consent of the Bishops thereby to prevent all compacts or agreements betwixt Laicks and Ecclesiastical Communities There were nevertheless a great many Laicks whâ—â— were not startled at the Excommunications of Gregory VII and other succeeding Popes but notwithstanding them kept still the Tithes and other Ecclesiastical Revenues They did more for they instituted Priests to take care oâ— Souls without expecting the Institution of the Bishops And that was thâ—â— cause why the Council of Lateran under Alexander III. decreed (1) Con. Later III. cap. 14. Thâ—â— Clerks or Priests that should take upon them the Government of Churches from the hands of Laicks without the Authority of the Bishop of the place should 〈◊〉 excommunicated and that if they persisted they should be deposed from their Ministry Nevertheless the Popes suffered Lay-men still to enjoy the Tither of Churches whereof they were in possession But they granted Chapters and Monasteries Priviledges to geâ— them out of their hands even when the Bishops would not consent to itâ— These kinds of Priviledges which were casily obtained from the Court of Rome brought in great Revenues to Chapters and Monasteries who put Secular Priests into the Government of Churches allowing them such moderate Stipends that the Popes were obliged to condemn that Avarice of the Canons and Monks who denied Priests even a necessary subsistence The vast Rents that Monasteries enjoyed gave umbrage to the Bishops Canons and to Princes themselves to whom it was represented that most part of these Revenues ought rather to belong to secular Priests who served the cures than to Monks who by their Profession were excluded from all Ecclesiastical Functions But seeing the Monks had taken advantage of the ignorance of Secular Priests and that the government of most Churches was committed to them it was a difficult task to turn them out and to re-establish Secular Priests in Churches And therefore there happened great contests betwixt the Canons and Monks especially in England where the Monks had deprived the
that so the Bishops might apply themselves entirely to the duties of their Office These Stewards were likewise necessary for preserving the Revenue of the Church which the Bishops and other Church men did not employ according to the Canons But because they were appointed by the Bishops they relapsed again into the same abuse the Poor had cause to complain of the same Bishops who gave them but a very inconsiderable share of the Goods that were destined for their Use Upon all these accounts the Fathers of the Council of Calcedon decreed That for the future the Stewards should be chosen from among the Clergy and that it should be no longer in the power of the Bishops themselves to administer the Revenues of the Church That Office became so considerable in the Church of Constantinople that the Emperours took from the Clergy the nomination of the Stewards and appointed them themselves And this lasted until the time of the Emperour Isaac Comnenus who remitted that right to the disposition of the Patriarch The power of Stewards was not so great in the Western Church The Custom of the Western Church diâ—â—ers from that of the East as in the Eastern for seeing the Bishops and other Ecclesiasticks did not according to equity distribute the Church Revenues and that besides the Churches were meanly endowed there was a necessity of making a particular designation of the use to which these Rents were to be employed And that was adjusted in this manner to wit that the Bishop with consent of his Clergy should divide the whole Revenues of his Church into four parts of which the First should be for himself the Second given to the Church-men the Third to the Poor and the Fourth and last applied to the Fabrick of the Churches (1) Gratian caus 12. qâ—â—â— 2. cap. 23. Gratian relates a letter of Pope Zosimus directed to an Arch-Deacon where that distribution is mentioned but without permitting the Rents of the Church to be dismembred as some Church men pretended who would have had Lands assigned them for their portion St. Gregory answering some Questions that were put to him by Austin the English Bishop confirms that Dividend St. Greg. Pope which had been already approved by several other Popes and withal appoints that the Bishops portion should not only be for himself but for as many as were necessary for his Retinue and for maintaining Hospitality The Bishops wrangled with their Clergy about that distribution pretending that they had no right to the new Acquisitions of the Church A Dispute about the distribution of the Revenues of the Church but the same Pope St. Gregory adjusted the matter in favour of the Clergy The Priests pretended farther that they ought to have two parts of the share that was assigned to the Clergy and that the other Churchmen ought to have but a third of the same That matter was referred to the Bishop who was to give to every one according to his merit and pains Nevertheless St. Gregory who in that followed a Law established in the Churches of the West writing to Austin concerning the Discipline that he was to observe in England tells him that it was more convenient to persist in the Community of Goods in the Church of England than to introduce into it those kinds of dividends And indeed it will appear in the sequel of this Discourse that the dividing of Ecclesiastical Revenues hath been the cause of most of the disorders that have happened in the Church and I dare boldly affirm that the thing that hath preserved a greater purity of the Ancient Discipline in the Eastern Church has been chiefly that the Orientals never made any such partitions None but the Western Church hath put the Estates of the Church into Titles and Livings in the same manner as if private persons were the absolute masters of those Estates The Barbarous Princes A change of Discipline in the Church who seized part of the Empire brought great changes into the Church and the Discipline of the Canons was onely preserved in the East The Greeks nevertheless have sometimes remitted certain Ecclesiastical rights in favour of their Princes But that is nothing if compared with what hath been done under the Barbarous Princes in the West The Stewards of whom we have spoken The Office of the Stewards took upon them not only the care of the Revenues of the Church by order of the Bishops but also preserved them during the vacancy of the See and distributed them among those to whom by right and according to the Canons they belonged But because most part of the Church-men had Estates of their own either by Inheritance or Purchases that they had made there arose great difficulties upon their Death about the distinguishing of those Estates Some there were that pretended that those who lived on the Revenues of the Church could not in conscience retain their own Inheritance St. Jerom who was of that opinion St. Jerom. is positive that the goods of the Church were designed for the Poor which agreed very well with the Edict of Constantine that prohibited the Rich to enter into any Office of the Church Whether Church-men can keep their own Estates though he did it upon Politick Reasons and for the good of the State Most of the other Fathers were also of St. Jeroms mind St. Austin and St. Austin admitted no Clerk into his Church till first he had disposed of all his goods either in favour of the Poor or by Sale He was for having all Clerks really Poor in imitation of the Apostles and for living altogether in common upon the Revenues of the Church Nevertheless it is to be observed that he did not require that of them but as a greater perfection and that he never thought it absolutely necessary for entring into orders and enjoying the allowance of the Church that one must possess nothing at all Otherwise he must have gone against the Ancient Canons which leave Church-men at liberty to dispose of their own Estates as they please It is true these Canons were made in the Eastern Church where most of the Bishops having been Married before their Election had Wives and Children to provide for and where Priests and Deacons might Marry if they pleased And therefore it was not reasonable to take their Estates from them Besides it must be considered that when these Canons were made Churches were but â—oor Nay and some time after Constantine no Churches but those of great Cities were Rich. However these Ancient Canons of the Eastern Church were (1) Caus 12. Quaest 3. renewed in the Church of the West though they had not the same reasons for doing it Church-men were only prohibited to bequeath by Will the Goods which they had got in their Livings because Believers did not give to Churches only to enrich the Church-men If it happened nevertheless that the Bishop died without making a Will and had no heirs
it was impossible for Bishops to hinder them from performing all Ecclesiastical functions in their Monasteries and since that time there have always been disputes betwixt the Bishops and the Monks because the Monks on many occasions refused to submit to the orders of the Bishops which they pretended to be contrary to the Discipline of their Monasteries Though at that time most part of the Monks were in the East Monks in the West before St. Benet yet for all that there were a great many also in the West before St. Benet planted a particular Order there St. Jerom St. Ambrose and St. Gregory make mention of Monks in Italy amongst the Gauls and in several other parts of Europe Besides all the Authors who have written of the beginning of the Christian Religion in several Countries speak of Monks that were there There was this difference The difference betwixt the Ancient and Modern Monks nevertheless betwixt the first Monks that were in Europe before St. Benet and those that came after him that the first were barely Monks without being addicted to any particular Order To be a Monk was sufficient to make them received as such in all Monasteries wheresoever they travelled There was no talk then of particular Rules and Institutions But every Monk laboured to emprove himself by the example of others and to embrace what he thought most perfect in the Monastick life So that it may be said that the Monks both of the East and West were all of one Order having at that time no Mark of distinction amongst them The ancient Rules that have been written by the Primitive Monks ought rather to be lookt upon as different Commentaries upon the Monastick life than different Rules for the intention of those who embraced that kind of life was not to distinguish themselves by particular Rules from the manner of â—iving of other men but to submit themselves by a more particular resignation to the Maxims of the Gospel and to find out all possible ways how they might live up to the Counsels of our Saviour who will have us to wean our hearts altogether from the World that we may follow him alone who is above it I shall not here speak of the Institution of St. Benet which is in the hands of every body but shall only observe by the by that the design of that Saint was not to make any innovations in the Monastick life but to make a Collection of what he found most perfect in the Rules and Institutions of others Matters are much altered since All the several Orders of Monks make now a days so many petty different Republicks in the Church and are so many little States who have all their several interests But let us now return to our Subject concerning the Original and Progress of the Revenues of the Church No sooner were the Barbarous Kings become Masters of a part of the Roman Empire Changes in Church and State but the Civil and Ecclesiastical Laws suffered great alterations There was a necessity of complying with the humor and temper of these new Conquerours who medled in the affairs of the Church There was not now as formerly the same liberty in electing of Bishops Princeâ— thought of securing their States by conferring Bishopricks only on such as they could rely upon So that Ecclesiastical dignities began to be looks upon as mere Lay-Offices at the disposal of Princes with which they could Reward those that served them And which was more pernicious to the Church Princes and other great Lords began to make no more distinction betwixt goods consecrated to God and goods Profane The necessity of the times must be born with and the great Wars that Princes were engaged in was the cause that the best part of the Revenues of the Church fell into the hands of Lay-men The Revenues of the Church in the same condidition as temporal Estates They made Contracts of Alienation about them as about other Possessions and these Contracts past for lawful when they were made in the usual forms No body opposed it The Bishops Monks treated often with Laicks about those concerns either by way of Exchange or Purchase The ancient Cartularies or Registers of the Monks are full of such kinds of Contracts wherein it appears that Children succeeded to their Fathers as well in Church livings as in other Estates The Counts or Judges decided the differences that arose amongst private persons about such Estates in the same manner as about other Inheritances and Possessions It is true some scrupulous People made a Distinction betwixt Altars and Churches A distinctio betwixt Churches an Altars comprehending under the name of Churches Lands and other Revenues for which men might contract and assigning a Priest to the Altar who was to have a Salary for saying Mass and performing other Ecclesiastical Functions But some who were not so scrupulous made no such imaginary distinction For in the ancient Cartularies there are to be found forms of deeds of alienation of Churches and Altars with the Bells Chalices Crosses and other Ornaments of the Church This was practised even in Italy before the Popes entred into the cognisance of the goods of the Churches which depended not on their Diocese To these troublesome times we may attribute the total Ruine of private Church men The Ruine of private Church-men who were obliged to take wages from those who possessed the Churches And which is more unhappy the greatest part of those Revenues are fallen into the possession of Cathedral Churches and Monasteries to which they did not at all belong The truth is there are forms of Contracts to be found in the same Cartularies which make it appear that Monks have bought several Churches from Lay-men but part of these Churches had been usurped by the Laicks from the Church-men to whom they ought to have been restored and not sold to the Monks When the administrations of Church Revenues were erected into Benefices or perpetual Titles the Church-Men who were hired by the Chapters of Cathedral Churches by the Monks and even by Laicks became perpetual Vicars and Curats But the best part of the Benefices remained still to the Canons and Monks who took to themselves afterward the Quality of Primitive Curates Besides since private men were not able Princes and other great men bought the Churches from those Church-Men and gave them to the Monks who entertained Secular Priests to take the care of administring the Sacraments to the People all the Revenue and Tithes in the mean time remaining to the Monasteries Wherefore it will not be amiss to explain in this place more particularly the Original and Progress of the Revenues annexed to Monasteries and at the same time to speak of their priviledges and exemptions A great part of what we shall say of Monasteries being also applicable to other Ecclesiasticks We have shown before that Monks having made profession of poverty The Original of Lands and other Revevenues
Canons of their Canonships and even obliged Secular Priests to turn Monks if they intended to enjoy their Benefices The Bishops did what lay in their power to remove the Monks from Church Dignities But on the other hand the Monks had their recourse to the Popes who were already become Masters of a great part of the Jurisdiction of Bishops and Princes who were perswaded that Monasteries were grown too Rich favoured the Bishops against the Monks and Popes All the Arch-Bishops of Canterbury had been Monks from the time of Austin whom Pope Gregory sent into England until the Reign of Henry 1. But when under that Prince they came to the Election of an Arch Bishop (1) Hist Sim. Daniel 1123. all the Bishops of England declared publickly that they would have no Monk for their Primate and that amongst the Clergy there were as virtuous men and as fit for the Government of a Church as any in the Monasteries So by degrees they began to take the Government of Churches out of the hands of Monks though they were protected by the Popes Yet they still made a distinction betwixt Regular Canons and Monks which continues to this day for we find but a few Monks that take the Charge of Parish-Churches and perform other Ecclesiastical Functions out of their Monasteries Whereas regular Canons in all places discharge those Offices without being obliged as Monks are to put Secular Priests into their Cures There remain at present but few Cathedral Churches in the hands of Monks though heretofore it was a very common thing to see no other Canons Ecclesiastical Employments inconsistent with Monks in Churches but Monks who at the same time took care both of Churches and Monasteries which was altogether opposit to the Canons even to the Institution of the Monastick life (1) Quisquis autem ex Monasterio ad Ecclesiasticum ordinem pervenerit ulterius illic nec aliquam potestatem nec licentiam habeat manendi St. Gregory indeed allows Monks to enter into holy Orders and to officiate in that capacity when it shall please their Bishop to enjoyn them But then they could no longer continue in their Monasteries being become real Clerks Nevertheless the Monks did the contrary Greg. Papa and remaining still in their Monasteries took upon them the care of Churches We even find in the History of England that the Office of Archdeacon of a Cathedral Church was annexed to the place of Prior of a Monastery The desire they had of enriching their Houses was the true cause why they continued in their Communities though by right they were separated from them because of the Ecclesiastical Employments in which they were engaged and so far from laying aside their Monkish customs when they were associated to the Clergy they introduced into their Churches the Practices and Ceremonies of their Monasteries and that was the thing that made way for the Re-establishment of Secular Priests in Cathedral Churches and other Benefices But nevertheless part of the Revenues that belonged to Private Churches remained still in the possession of Monasteries Besides Princes and Bishops could not endure that Monks should possess Eclesiastical Dignities after that the Popes were grown so powerful that they disposed at their pleasure of the most part of Benefices For the Monks always espoused the Interests of the Popes against Princes and Bishops under pretext of defending the liberty of the Church and seeing Princes refused to submit to the Pope with whom they had continual quarrels they resolved to give no Ecclesiastical Promotions but to those who were devoted to their Service The English History gives us a pretty Instance of this in the Reign of Richard I. Princes ruint the Monks That Prince having assembled the Bishops of his Kingdom could not forbear with Tears to tell them that he was an unfortunate wretch and no King (1) Se miserum esse non regem Chron. Gervasii He complained that the Revenues of his Kingdom were crumbled into infinite parcels of which the least part came to his share and (2) Haec enim illa possident albi Monachi nigri ordinis diversi Canonici that they were possessed by Black Monks White Monks Canons of different Orders Then he upbraided the Secular Priests with their Vices and scandalous debauched lives that were notoriously known to all the World Eleemosynas Populi said that Prince speaking of Secular Priests distrahunt expendunt in pravos usus dum magis cogitant de suarum pannis meretricum quà m de suarum vestimentis vel libris Ecclesiarum tolerabile malum videretur si singuli suas mulierculas observarent saltem thorum non invaderent alienum These corruptions were not peculiar to England alone but were spread over all the Churches of Europe where Priests who were prohibited to Marry according to the Canons of the Western Church made no scruple publickly to keep Concubines And we are obliged to the Monks for the services they rendred to the Church in those days when the Secular Priests were plunged in Ignorance and Vice But their Services were not so considerable when they began to declare for the Popes who pretended alone to have the absolute disposal of all Church Revenues contrary to Ancient Custom King Richard of whom we have been speaking attributes the disorders which the Court of Rome caused in his dominions to the weakness of the Priests of his Kingdom Romani says he Propter debilitatem vestram adeo nobis infesti sunt ut nobis solummodo videantur imperare literulas suaâ—nobis vendunt nec Justitiam quaerunt sed litigia fovent multiplicant appellationes redimunt placitantes et cum solam pecuniam appetunt veritatem confundunt pacemque subvertunt That Prince continuing his complaints told the Bishops of the same assembly that for Remedy to all these evils the Monks must be obliged to shut themselves up within their Monasteries without sharing in Ecclesiastical affairs and the Secular Clergy reformed who would be much more serviceable than the Monks (1) Romanis latronibus si transgrediuntur poterunt obesse in resisting the unjust attempts of the Court of Rome The Kings advice was followed by all the Bishops and it was resolved in that Assembly that the Monks who possessed Cathedral Churches should have their private Churches near to these Cathedrals and that Secular Canons should be settled in their places And in this manner did Princes with assistance of the Bishops endeavour to re-establish Secular Priests in the Churches according to Prescripts of the Canon Law But that was not done without great difficulty because the Monks were protected by the Popes whose authority was become formidable and it is to that time especially that we ought to attribute a great part of the Exemptions which the Monks obtained from Rome that they might not depend on the Bishops who endeavoured their Ruine It was a troublesom thing to Princes The Original of great
power given to Churches to see the Popes dispose at their pleasure of the goods and Lands which Kings their Predecessours had given to Churches at that time when they had the power over them It is certain Princes would never have granted such large Revenues to Churches if they had thought that they should have fallen into the hands of the Popes For to what end was it to give to Churches whole Towns and great Demains with secular Jurisdiction when the same was not to be in their disposal for the future The German Historians attribute chiefly to the Emperours Otho's the enriching the Bishops and Monasteries of Germany with so great Revenues (1) Theodor. de Hiem priv Jur. Imper. Otho primus omnibus penè Cathedralibus Ecclesiis in Italia Gallia Germania Burgundia et Lotharingia constitutis multas civitates castra oppida villas multa alia dominia temporalia Jurisdictiones donavit atque illis omnibus Ecclesiis propria insignia perpetuo deputavit Archiepiscopos quoque episcopos ducatibus comitatibus baroniis communivit quibus nobiles potentes vasallos subjecit ut semper essent ad resistendum manu fortiâ— aganis Hareticis c. That does not altogether agree with the reflexions that Father 2 Paul hath made in his History where he pretends that the Bishops of Germany during the Wars that were betwixt the Emperours and Popes had usurped the Lands which at present they enjoy with the Titles of Peers Marquesses and Counts Though that may indeed be true of some yet it cannot be generally affirmed of all for the Records of those Churches evince the contrary Nevertheless the titles which they produce ought to be well examined because many of them are false Seeing Bishops and Abbots were at that time employed in the greatest affairs of State it was easy for them to obtain what they desired of Princes Besides that they being more capable of business than Laicks the same Princes consided much in them But these great Revenues wherewith Churches have been enriched have only served to kindle War betwixt Popes and Princes every one pretending â—o have a particular right over Ecclesiastical Revenues And that divided the Authors of these times some writing in favour of the rights pretended by Princes and others in favour of the Popes And it is no easy matter at present to reconcile together the rights of those two Powers No man can deny The Authority of the Pope concerning Benefices but that the Pope â—â— Bishop or Metropolitan of Rome Patriarch of the West and Head of thâ—â— Church I shall not now examine by whâ—â— Right Divine or Positive these tither belong to him for that is a Question of Divinity rather than History It moreover certain that the Pope hath 〈◊〉 all these Qualities in vain and that 〈◊〉 very one ought to enjoy some rights thâ—â— are peculiar to him It is not questions but that in quality of Bishop of Rome he may dispose of the Benefices with his Diocese It remains then only to 〈◊〉 inquired into whether he can in qualiâ—â— of Patriarch of the West and Head 〈◊〉 the Church by right provide for all thâ—â— Benefices or Ecclesiastical Dignities 〈◊〉 all Christendom If we consult the matter of fact it is of publick Notoriety that the Church of Rome hath not haâ—â— any Priviledge as to that above other Churches Every one took care of providing what Ministers they wanter without having recourse to Rome anâ—â— when difficulties arose they were adjusted in Provincial Synods No maâ—â— ever wrote before the Establishment oâ—â— the new Law that the Bishop of Rome alone in quality of the Successor of St. Peter had all Ecclesiastical Jurisdiction and that other Bishops were only his Vicars or Delegates Popes nevertheless do at present pretend that their Authority in respect of Ecclesiastical Revenues is founded on Divine Right and that because they had not for many ages enjoyed it it ought not to be inferred that they had no Right to it A Divine Right say they being essentially inherent in the Person of the Pope can never prescribe And it is a bad consequence to say that Popes have no Right because they have not for a long time enjoyed it nor do at present enjoy it in its full extent Men are sometimes obliged not to make use of their Right or to remit part of it for Peace sake Laws in their rigour are sometimes prejudicial to the repose of the Church and in that case mild ways suitable to the times are to be followed And therefore (1) Innoc. III. de translat Episc tit 7. cap. 1. Pope Innocent III. affirms in one of his Epistles that the Translations of Bishops and other changes of Sees belong by Right to the Church of Rome that Popes enjoy that Priviledge in Quality of thâ—â— Successours of St. Peter and that in that Quality they are above all the Canon Law So that according to his Logick we ought not so much to consider what is decreed by the Canons as what is Commanded by Popes on whom thâ—â— same Canons depend because accordâ— to his Principle all the Canon Law derives its force and Authority from thâ—â— Primacy of St. Peter Pope Innocent who laid down thâ—â— Maxim in favour of his See knew for aâ—â— that that all the Ancient Canon Law is contrary to it and that the Election Translations Demissions or Resignations of Bishops were made in Provincâ—â— Synods and besides that Princes have had a great share in all those matters within their own Kingdoms For instance the Practice of the Church oâ—â— France under the first Race of their Kings was very far different from that pretended Divine Right mentioned in the compilation of the Decretals For we find that the Kings by themselves called Councils for affairs of that nature and that (1) Gâ—â—gor Turon lib. 5. cap. 20 27. in the greatest causes such as the deposing of Bishops they named for Judges what Bishops they pleased within their Kingdom In a word Kings and the Bishops of places handled in Councils the affairs which the Popes now a days pretend to belong to them by Divine Right It is true under the Second Race of the French Kings the Authority of the Popes was greater in France But it was still limited by the Princes without whose consent they could do nothing even in the causes which are called the greater and whereof the decision seemed to be reserved to the Popes As to matters of smaller importance the Bishops had the absolute power over them and the whole disposition of Benefices depended on them The Popes had never dreamt of the right which is now established if private men who disputed one with another about the validity of their Elections had not had their recourse to the chief See for decision of their Controversies We find still in the Eleventh Century instances of the power of Provincial Councils who received Resignations or Demissions made by Bishops and admitted
of that Subjuct And it is for the same reason that I have not said any thing neither of the Original of Tithes because it hath been also well enough handled by Fra. Paolo All men are sufficiently perswaded that under the first Race of the Kings of France that Nation had no recourse to Rome for regulating the affairs of the Church The Popes Power in France Nay and under the Second Race Charlemain who gave a great deal of authority to Popes did not consult them about the Erection of the new Bishopricks and Arch-Bishopricks which he established In Italy it self many Ages after the Princes and Bishops were absolute Masters of all that belonged to Churches The Prince or Judges appointed by him decided the differences that happened betwixt Bishops and Abbots and amongst other Church-Men concerning their Revenues and Priviledges but seeing matters now a days are settled in another manner and that the Discipline of the Church is wholly altered I thought it necessary having observed the original and Progress of Church Revenues to describe in a few words the present State of beneficial matters It would be to no purpose to know the Customs of our Fore-Fathers if we be ignorant of what is at present in use amongst our selves The former serve only for our instruction but the latter will be useful for the conduct of our lives An Explication of the New Canon Law I shall say nothing in this place of the Original of Benefices in the manner that they are established at present for it is very well known that they did nor begin till about the Eleventh Century And whereas in the Ancient Canons there is only mention made of Ordination and the Ministry afterward there was no more talk but of the Portion or Benefice Nevertheless though the manners of expression and a great part of the Ancient Discipline were wholly changed yet in many things the Maxims of the Ancient Law were still observed For Instance heretofore Ordination differed not from the Ministry or Benefice and therefore when by the Introduction of the New Law they were separated that Maxim was still retained That he who can Ordain can also Confer a Benefice and that he who cannot Ordain cannot Confer a Benefice neither But by degrees the Popes have by their Priviledges and Exemptions derogated from the Common Law that was grounded on the Ancient Canons and we see that Abbots exempted from the Jurisdiction of Ordinaries confer in full right Cures and other Benefices Though the Establishment of Benefices be commonly referred to the end of the Tenth Century or beginning of the Eleventh yet some footsteps of them are to be seen long before For about the year 500 under Pope Symmachus to some Church-men Portions of Land were assigned to be enjoyed by them for Life as appears by the terms of (1) Tom. 1. Concil Gal. Ann. 513. the Epistle of that Pope to Caesarius where he prohibits the alienation of Church-Lands unless it be in favours of Clerks who might have merited or of some Monasteries or Hospitals and that only during the Life of those that should enjoy them Possessiones Ib. q. 1. possessiones quas unusquisque Ecclesiae proprio dedit aut reliquit arbitrio alienari quibuslibet titulis atque contractibus vel sub quocunque argumento non patimur nisi forsitan Clericis honorem meritis aut Monasteriis religionis intuitu aut certe peregrinis necessitas largiri suaserit sic tamen ut haec ipsa non perpetuò sed temporaliter donec vixerint perfruantur These words make it manifest enough that even in that time there was some kind of Benefice though the Portion of Revenues was not as yet made to Church-men in particular but that was rare at that time and only granted for extraordinary Causes There are besides some footsteps of the Foundations of Benefices and of the Right of Patronage in the Tenth Canon of (1) Ann. 441. the First Council of Orange but the Custom of that Time was far different from the present Practice The Rules of the New Canon Law which began chiefly under Pope Nicholas I. who lived about the middle of the Ninth Age brought a great alteration in the Affairs of the Church Pope Gregory VII who lived pretty forward in the Eleventh Age 〈…〉 of 〈…〉 Law extended the Rules of that New Law beyond all that his Predecessors had done And the Popes that came after him were so far from remitting any thing of these Novelties that on the contrary they augmented them so that the Law which hath been introduced into the Church since that time deserves better to be called the Popes Law than the Canon Law because in settling this New Law there hath not been so much regard had to the Ancient Laws of the Church as to the Profit of the Popes and Court of Rome And this in process of time occasioned great disorders so that Princes were obliged to make Laws and Prag maticks to hinder those Abuses though it hath not been in their power entirely to abolish them The Compilation which Gratian the Monk (1) Ann. 1150. made of the Canons of Councils the Decretal Epistles of Popes and of many sentences of the Fathers of which he made up a Body of Canon Law contributed much to the authorising of the New Law For that Collection of Canons was publickly taught in Schools and even made use of in deciding Controversies The Fathers and Councils were not studied in their Original but only in the Decrees of Gratian and Men were not knowing enough at that time to perceive that a great many of the Citations of Gratian were false and that he followed not always the Rules of the Ancient Laws having inserted into his Collection several supposititious Pieces Besides that he gave to the Popes Decretals the same Authority as to general Councils and sometimes even perverted the words of the Ancient Canons that he might accommodate them to the Law which was authorized by the Popes of his Time But the Collection of the Decretal Epistles of Popes which (1) Ann. 1230. was made by order of Gregory IX occasioned a far greater Alteration in the Affairs of the Church Nevertheless they were in France publickly read in Schools as well as the Collection of Gratian. These Decretals have been the cause of an infinite number of Law-Suits and though they were received in the Western Church and publickly taught by the Professors of the Canon Law yet there was a necessity of rejecting them on several occasions and having recourse to the Ancient Canons At that time the Compilation of Gratian was called the Ancient Law though it contained a great many Novelties But being compared with the Book of Decretals there was some reason for calling it so The tedious and troublesom Debates which the Kings of France had with the Popes was the cause that the French despised the Collection of the Decretals nor are they at present much esteemed
powerful at Rome because of their Generals that commonly reside there or of their Procurators that live in that Court for the affairs of their Societies hinder as much as they can the Secularisation of Benefices which they pretend does of Right belong to them VII The King cannot Alienate the Church Lands of his Kingdom without the permission and consent of the Pope Alienations depend on the Pope nor can he raise the Tenths of he Clergy which have in process of time been converted into Ordinary Subsidies without obtaining Power from the Pope Heretofore Church-men pretended that their goods were consecrated to God and that so they were not obliged to lay them out for maintaining of Wars or for other publick necessities it being enough that they contributed to them by their Prayers But the specious pretext of holy Wars cured them of that Scruple and it was decreed in the Council of Lateran under Innocent III. That these Tenths should be taken from Ecclesiasticks for the Expeditions of the Holy Land After a Door was once opened to Tenths the Popes and Kings together often raise them But seeing Popes had got a Custom of raising Tenths in France for their own private concerns it was decreed in the Council of Constance Concil Constantiense that they should be no more raised but with consent of the Prelates of the Kingdom and thereby the Popes were excluded from the Liberty of raising them However those that were granted to Kings encreased much and that which in the beginning was very extraordinary hath since turned into a Custom The necessity of maintaining long Wars in France for Religion promoted very much the establishment of Tenths which is at present a kind of Tax upon the Church-men collected by receivers appointed for that purpose We must in the mean time observe that Popes dispose not at their pleasure of Church Revenues as they pretend they have Power They have not the Liberty to sell the Revenues of the Church unless the King and Clergy consent to it and the causes of Alienation be first examined For the Bulls of Permission to alienate are not received in France if they contain these Terms motu proprio sine inquisitione etiam invitis Clericis In a Word for Alienation of Church Lands in France the two Soveraign Powers I mean the Pope and King must concur VIII All Concordats Concordats depending on the Pope Transactions or Pactions in any beneficial matter ought to be confirmed in the Court of Rome because there is a kind of Simony in them private persons not being allowed to dispose of their Benefices under certain Reservations or Conditions and that is the reason why application is made to the Pope for Pensions and Resignations in favorem Ordinaries cannot appoint nor confirm Pensions Nor can they admit of any Resignations in favorem neither unless in the case of Permutation Nay and in that case too private persons many times apply themselves to the Pope There is another kind of Concordat or Transaction which Commendatary Abbots and Monks daily make betwixt themselves for dividing their Revenues without having recourse to Rome But these Concordats are easily broken and their Successors may derogate from them because an Abbot hath no power to oblige and tye up the Will of his Successor He may indeed make over his rights during his life but he cannot dispose of that which belongs to another And therefore though these Concordats were even confirmed in the Court of Rome and in the Parliaments they may still be rescinded if it be found that one of the Parties contracting hath received any notable prejudice In that case he is allowed to seek relief and by stronger reason his Successour ought who is not obliged to stand to all that hath been done by his Predecessor The Pope himself pretends not to prejudice by his Rescripts the acquired right of others nor indeed is it in his power though it should even be inserted in his Rescript that there hath nothing been done without knowledge of the cause because he may have been ill informed Again the Pope hath no power in France over the Temporal of Benefices but only the Spiritual for which recourse is had to him as to a Superiour that he may authorize the Transactions which private persons have made amongst themselves and purge them from Simony IX None but the Pope can give Benefices in perpetual Commendum Commendums depend on the Pope and the French are the more obliged to acknowledge that power of the Popes that there is no Kingdom in Christendom where so many Regular Benefices are Erected in Commendum as in France Now seeing Commendums in the manner that they are at present established more for the advantage of private persons than benefit of the Church are altogether contrary to the Canons none but the Pope can confer in Commendum because he only can dispense with the Canons as well in respect of the incapacity of persons to whom Commendums are given as of incompatibility of Benefices in which the Commendataries are invested And therefore Benefices in Commendum are in some manner reserved to the Pope because they subsist upon a special Priviledge which can be granted by none but him And when the Commendum is void by the death of the Commendatary it is not to be judged vacant by his death but as it was vacant before the Commendum which brings no alteration in matters However the Pope does still give the same Benefice in Commendum by a Priviledge that he continues on so that it may be said that the Priviledge or Dispensation hath wholly derogated from the Canon Law which only subsists in name and the Dispensation stands for Law as to the effect In the mean time though they who possess Commendums have not obtained them but by Priviledge or Dispensation The Rights of Commendatary Abbots yet they still enjoy them and have all the Titles Profits and Honours as if they were Titulars inasmuch as by the Bulls of Commendum the Commendataries are subrogated into the rights of the Titulars and the terms are always used which import that the power of the Commendatary is the same with that of the Titular to whom he is substituted Curam Monasterii ac regimen administrationâ—â—â— tibi in spiritualibus temporalibus plenarâ—è committâ—ndo The Pope gives in some manner by his Bulls the Investiture both of the Spiritual and Temporal and grants the Commendataries liberty to dispose according to their pleasure of the Profits of the Abbeys after they have satisfied the Charges which are always expressed in the same Bulls De residuis fructibus reditibus proventibus disponere ordinare potuerunt ac debuerunt And to make it appear that the Modern Commendums are different from the Ancient which were established in favour of Churches and not of Persons the Popes add in their Bulls that they give the Commendataries power to dispose of the Profits of their Commendums for their
own use that they may live more commodiously nay and according to their Quality Vt statum tâ—um juxta gradum tuae nobilitatis decentiùs tenere valeas de alicujus subventionis auxilio providere volentes c. This is not the place to examine whether the Popes can attribute to themselves so great an Authority which seems to overthrow all the Discipline of the Church I only speak at present of what is in practice and of the power that the Popes have in France where the Bulls whereof I have given some abstracts are received and authorised by custom And for that reason also the Canonists say that the Titles of Benefices are only of positive right that so the Popes who have absolute power over that right especially when it hath been voluntarily established by them may dispense with it as they please and in favours of whom they will On this principle are grounded the Dispensations which are obtained from Popes for possessing several Benefices and that they daily derogate from the nature and quality of Benefices in favours of private persons But after all we must still suppose the Maxime which we have already observed that this great power of Popes cannot be executed in France if the King consent not to it and besides that the Court of Rome hath no power over the Possessory right of Benefices X. The Popes give not only Benefices in commendum to Clerks dispensing both with their Age and other Qualities requisite but they dispense also with the Clerkship of Children as yet in the Cradle until they have attained the Age of taking the Tonsure It is enough to declare that the Child is designed for a Church-man Infantem qui ut accepimus in secundo vel tertio suae aetatis anno constitutus ad vitam Ecclesiasticam agendam destinatus existit But since no man can enjoy a Benefice but he that is a Clerk and that on the other hand the Child is not as yet of Age the Popes use these terms in their Bulls Eidem Infanti cum primum Clericali charactere ritè insignitus in aetate legitimâ constitutus seu alias ex concessione dispensatione Apostolicâ ad Monasteria obtinenda capax habilis fuerit per eum quoad vixerit tenenda regenda gubernanda ita ut ex nunc prout ex tunc pro eo affecta destinata sunt ac esse censeantur c. Then the Pope in the same Bull names a Steward who shall take care only of the Temporal until the Child be grown up and shaven N. Administratorem Monasteriorum in temporalibus solum donec praedictus Infans charactere Clericali insignitus fuerit Monasteria sibi per noâ—vel successorem nostrum Romanum Pontificem pro tempore existentem commendari obtinuerit It appears by these 〈◊〉 words that the Child is not as yet properly established Abbot Commendatary by the Bulls because he is not as yet a Clerk but that the Abbey is only assured to him and that in the mean while he shall enjoy the Profits of the Benefice as if he were actually invested in it and that because the Pope by his Bulls gives him the right XI Though Ordinaries may unite smaller Benefices Of Unions yet it only belongs to the Pope to annex Benefices which are called Consistorial nay and many times application is made to him for all sorts of Unions That Power of the Pope of uniting all sorts of Benefices proceeds from the fulness of his Authority whereas that of Ordinaries is limited Nevertheless heretofore they enjoyed that Right But we have already observed that we speak only here of the New Law in the manner that it is at present in force in France without examining the ground of it and if it be contrary to the Ancient Canons It is not for all that to be imagined that the Pope is so much Master of Unions in France that he can make them at his pleasure and without lawful cause For the Unions which are commonly called personal and only made during the lives of some persons are not admitted there because such kinds of Unions are not for the Benefit of the United Churches It is then necessary to make Unions lawful that they be grounded on true causes and not upon pretexts Otherwise they are null conform to the Decree of the Council of Constance which rescinds Unions made by the Pope (1) Si non ex rationalibus causis veris factae fuerint licet Apostolicae sedis auctoritas intervenerit Sess 43. if they be not supported by good reasons It is not sufficient for all that that the Pope in the Bull of Union make use of these words Et ex certa scientia nostrâ But he ought to direct to some Body upon the place a Rescript of Delegation ad effectum unionis That information may be had of the usefulness of the Union Besides those who are concerned in the Union and especially the Patrons of Benefices must be cited who ought to be heard because Union is a kind of Alienation for ever which deprives the Patron of his Right There are many other Formalities to be observed for making Unions valid in France where in reality the plenitude of the Popes Power is acknowledged The Popes Power limited in France but still with reservation of the liberty of limiting it according to the Laws of the Kingdom And upon that ground the Parliaments insist when they rescind Unions that want the Formalities and declare them abusive The Council of Trent (1) Sess 7. Can. 6. hath also declared that Unions made within 40 years should be null unless they had been made in presence of the Ordinaries for just reasons and those who were concerned cited But by the addition of these words (2) Nisi aliter a sede Avostolica declaratum fuerit if the Holy See hath not declared otherwise it renders the Pope absolute Master of Unions which is not received in France where no regard is had to the Prescription of forty years for remedy may be had even after an hundred years against an Union that hath not been made in Form if we believe the French Practitioners in Law The Council of Trent however is not altogether repugnant to that Custom It will have no respect to be had to the Prescription of forty years if the Bulls of Union have been surreptitious or obreptitious That is to say if the Information that hath been given to the Pope be not found to be true and that is common to Apostolick Bulls and Rescripts where that clause is always supposed (1) Si preces veritati nitantur if the Petition declare the truth XII There is another kind of Union that belongs also to the Pope alone to wit the suppression of one Order for uniting it to another or the Disunion of two that had been united Yet that cannot be done without the consent of the King XIII The Decision of
of Jerasalem from whom descend those that are called Knights of Malta That Order is much different from other Religious and their Benefices differ also from the nature of all other Benefices They are rather the Administrations of Hospitals than Benesices and in effect that Order began by an Hospital that was built at Jerusalem for the reception of those who went to see the holy places The founding of Hospitals for Lodging of Strangers is Ancient enough and there was either in the Bishops House or elsewhere places appointed for that end that the sick might be taken care of and other charitable works performed for which part of the Revenue of every Church was allotted Afterward in process of time they were distinguished from the common Revenue of Churches and many private persons gave Lands and Inheritances to be erected into places of piety in imitation of Monasteries They cannot be said properly to be Benefices because the Rents of them are not designed for Church men but for all men who are in misery and want And therefore there are as many kinds of Hospitals as there are calamities In the beginning the Bishop had the care of these Monasteries because he ought to provide for the necessities of the Poor and of all those who were in misery as well as for the subsistance of Clerks But the Religious of the Hospital of St. John of Jerusalem made a particular Body in the Church which hath to this day its particular Constitutions To speak properly there is but one Hospital in all the Order and that Hospital is at present reputed to be in Malta All other private Hospitals or Commanderies are but members of that Hospital on which they depend And therefore their Revenue by Right belongs to the common Treasury of the Order I think Commanderies may be compared to the conventual Prieuries of Monks The Original of Commanderies which in the beginning were only administrations of the Revenues of certain places distant from the principal Monastery As Monks were placed in these Houses to taâ—e care of the Rents so also there hath been a necessity of sending Knights into those places where the Order had Lands The name of Commander hath great resemblance with that of Praepositus which was given to Monks who managed the Rents of these remote Houses Besides their administration was called Obedientia because they depended wholly on the Abbot who gave them that Commission It is Just so with the simple Commanders of Malta who are rather Farmers of the Order than Beneficiaries They have nevertheless converted their Commissions or Farms into a kind of Benetices paying a certain acknowledgment to the common Treasury of the Order and that acknowledgement is called Responsion We must put a difference then betwixt Hospitals which are by Foundation Secular and Regular Hospitals that are possessed by Religious such as are the Commanderies we speak of which are appropriated to the Religious of the Order and cannot be possessed by others Nay it is necessary also that those of the Order be qualified for peaceable enjoying of them and their Benefices are not all of the same nature We must therefore observe that there are amongst them Knights Chaplains and serving Brothers and that there are Commanderies or Revenues assigned to these three different qualities There are besides the great Officers the first of whom is he that at present is called the great Master of the Order and is the Head who in the beginning was the Master of the Hospital Under him are the great Officers of the Order who are for most part Military Officers because of the employments to which they are appointed such as the Admiral Mareschal and others I shall not speak here of the Bayliffs or Conventual Priors who are of the great Cross nor of their other Officers because the Institution of their Order and their Laws are Printed I shall only add that it is to be observed that though that Order be composed of so many Nations yet it is but one only Convent divided into several Tongues Every Tongue contains several Provinces and in every province there is a great Prior who from time to time holds Provincial Chapters For obtaining a Commandery one must be of the Nation where the Commandery lies have performed his Caravans which consist in some years Services at Malta and be of the quality requisite for the Commandery being besides bound up by certain Statutes But they are often dispensed with at the Recommendation of Princes who have also made Concordats with the Knights of Malta as well as with the Popes There is another kind of Knights who also enjoy Church Lands A Military Order wherein one may marry and nevertheless seem neither to be Religious not Ecclesiasticks because they are Married They call themselves however Religious and have their Laws as other Religious have In Spain the Commanders of the Orders of St. James of Calatrava and Alcantara are of that nature There are in France also the Knights of St. Lazarus who may Marry It is pretty difficult though to tell upon what Title these Married Religious possess Ecclesiastical Revenues unless it be said that being by Profession Religious they ought to be obliged to Chastity But that the Pope who according to the Maxims of the New Law is Master of the Canons has dispensed with that Obligation and that by an Apostolical Priviledge they may have Wives Which is conform to the opinion of the ablest Divines who think that the Pope may for lawful causes dispense with Monks as to their Vow of Chastity The married Commanders of these Orders must then be reckoned amongst Regulars and they may in conscience enjoy under the Title of Regulars Church Lands that are appropriated to their Order This at least is the opinion (1) Mart. Navar of one the most learned and strict Canonists of our age who calls Philip II. King of Spain the greatest Prelate in the Church next to the Pope because he was the chief or great Master of the three Military Orders of Spain and enjoyed a good part of the Tithes of Churches within his Territories Phil. 11. the richest Prelate of the Church In this quality of Prelate Regular the King of Spain is the richest Beneficiary in his Kingdom And seeing he is not only great Master of the Orders of St. James Calatrava and Alcantara but is also King of Spain he can as King appropriate to his own use the Revenues of his Commanderies at least as much as is necessary to make him live like a King In the same manner as it is lawful according to the Maxims of the New Law for Cardinals Sons of Kings Nobles and men of Letters to possess several Benefices that they may be able to live according to their quality From all that hitherto hath been said it is easy to Judge how much the Ecclesiastical Discipline hath changed in Beneficial matters and how much the present practice differs from Ancient Customs