given to the Portions of Ecclesiastical Estates or to the Right of Possessing them because they were given by the Prince as Bishopricks or by the Bishop of whose Consent and Concession other Livings are bestow'd and also because Clergy-men are Spiritual Souldiers keeping Guard and exercising a Sacred Warfare The Abbeys beyond the Alps were at last made more ample and more Rich Abbeys by reason the Masters of the Pallace assumed to themselves the Authority of making the Abbot Maestri di Palazzo and that with a reason apparent enough because the Monks then as hath been said were Laymen without any Ecclesiastical Ordination N. 46. It is true they did not alwayes give him to them but sometimes out of favour he granted the Monks leave to choose themselves one But in Italy the Monasteries being not very considerable in wealth Ao. 750. untill the year 750. the Kings of the Goths then the Emperors and the Kings of the Lombards made no great Accompt of them whereupon the Election was left to the Monks with the sole superintendency of the Bishop But the Bishops sometimes being intent to grow great they molested the Monasteries too much wherefore the Abbots and Monks desirous of freeing themselves from that subjection Exemption found a way by having Recourse to the Bishop of Rome that he might take them into his immediate Protection and exempt them from the Authority of the Bishop This was easily consented unto by the Popes making use of them as well to have other persons in Cities immediately depending on them as to amplifie their Power over the Bishops it being very important that a Corporation so Notable as were the Monks who in those times almost wholly attended on Learning N. 47. should depend totally on the See of Rome A Beginning being made of these Exemptions all the Monasteries in a very short time remained united to the See of Rome and separate from their Bishops In France the Bishops made by the King and much more those who were made by the Masters of the Pallace the Kings Authority being lessened betook themselves all to Temporal things which the Abbots did likewise who furnished the King with Souldiers and went to the Wars in Person not as Religious men to perform the Offices of Christs Ministers but Armed and fighting also with their own hands for which cause they were not content with the fourth part of the Goods but drew all to themselves Whereupon the poor Priests who Administred the Word of God and the Sacraments to the People in Churches remained without a livelyhood wherefore the People out of their Devotion Contributed unto them part of their own Estates which being done in some places more liberally N. 48. and in others more sparingly Querimonies or Complaints arose about it sometimes because when 't was often treated how much that should be which was to be given to the Vicars or Curates it went for a Common Opinion to be convenient after the Example of Gods Law in the old Testament to give the Tenth Tythes which being Commanded that people by God it was an easie thing to represent it under the Gospel of Christ as due also though indeed nothing else be said of it by our Lord and by St. Paul but that necessary maintenance is due from the People to the Minister and that the Minister or the Labourer is worthy of his hire and he that serves at the Altar ought to live by the Altar without prescribing any determinate quantity because that in some Cases the Tythe would be but little and in other Cases the hundreth part would suffice But because this is a clear thing and that hereafter we have need of handling it more diffusedly I 'le say no more now but that in those dayes and for an Age afterwards N. 49. the Sermons which were made in Churches excepting the Matters of Faith tended to nothing else but to Proofs and Exhortations to pay Tythes a thing which the Curates were forc'd to do both for need and for utility or profit and in the Amplifying as it behooved like an Orator they went often so far that they seemed to place all Christian Perfection in paying of Tythes of which not well Content and the Praedials not seeming sufficient for them they began to hold the Personals also for necessary that is what a man gains by his Labour and Industry of Hunting of all Arts and Handicrafts and also of the Military pay Of these Sermons many being found without the Authors Name some through Error or on purpose were attributed to St. Augustin and to other Antient writers But besides that the Stile shews they were made about the year 800. Histories are clear that neither in Africa nor in the East they never paid Tythes and that their Beginning N. 50. sprung up in France as hath been said I 'le pass unto Italy No man ordained without a Title where for several hundreds of years no man was ever Ordained to whom there was not appointed both his proper and special Office and Charge unless that some man famous in Doctrine or in Holyness who to attend on his Sacred Studies refused to be applyed to any particular Cure the Priest was Ordeined without giving him any proper Parish on which he might attend St. Hierolamo was Ordained Priest of Antioch and St. Paulinus at Barcelona and this occasion eccepted Olim no distinction between Ordination and Benefice Antiquity knew of no Distinction between Ordination and Benefice and Ordaining was then the same thing as to give an Office and the Right of having ones Livelyhood from the Common Goods of the Church But afterwards that in the Confusions which Wars had caused in States many worthy and good Clergy-men were driven from their Ministry they recover'd or had Recourse to some other Church where they were received and maintained as their own Clerks at the Common Charges N. 51. and sometimes some Minister of that Church happening to fail by Death or otherwise his Office was appointed him to be Minister therein and that Clerk was then said to be Incardinated whereas he who had first been exalted to an Office Cardinals Incardinato Cardinato was said to be Ordinated or Ordain'd thereunto but who being dispossessed of his own and provided with another was called Incardinated This manner began in Italy before the 600th year of Christs Birth when through the Incursions of the Lumbards many Bishops and other Clergy-men were driven from their Charges for which cause when such like Offices were vacant in other Churches they were Incardinated therein and the Bishops were call'd Episcopi Cardinales and the Priests Presbiteri Cardinales Those who were driven out from their own places having Recourse to the Churches of Rome and Ravenua which were the Chiefest and Richest in Offices and Ministeries N. 52. those Churches I say as most Rich and most abounding received most of those Strangers and therefore they had more Cardinals
also give Authority to whom he thinks fit enabling him in like manner to Concur with the Ordinary or to prevent it as they have since given this Faculty unto Legates with a general Constitution There is nothing more Wonder-worthy in the Consideration of Benefices Election of Ministers belonged to the Faithful than it being as clear as the light at noon day that the Election of Ministers was at first by the Faithful People then it passed unto the Princes after the Christian Faith being received they minded the Affairs of the Church and finally it was reduced unto the Ecclesiastical Order only N. 161. the Seculars being excluded by the Management of Gregory the 7th and his Successors yet there still remained in each Diocess the Election and the Collation of Benefices and of their Offices which since by little and little the Popes of Rome have assumed to themselves by the wayes abovesaid and to be said hereafter Nevertheless the Canonists either out of Animosity or because it is not their Profession to know any thing besides the Decretals have said and do say in our dayes without Respect unto the Notorious Truth which is against it that heretofore the Pope provided all Bishopricks and other Benefices and that he afterwards out of Favour granted the Election to the Chapters and the Collation unto the Bishops it is not to be doubted but one day it ought to be answered in the Articles of our Faith for making a Doctrine to pass into the Church which is so directly contrary to what they caused to be Preached in Former times when Anselmus Bishop of Lucca who wrote three Books against Gilbert the Anti-Pope in favour of the said Gregory the 7th which are still to be found throughout all the second of which by the Authority of the Popes N. 162. of the Holy Fathers of general Councels by the Custom observed from the Apostles time unto his who wrote in the year 1080 Proves that the Election of Bishops by him called Popes belonged to the Clergy and to the People of the same Diocess and that the most Pious Emperors Constantine Constant Valentinianus Theodosius Honorius Carolus Ludovicus and other excellent men for Faith and in Religion never violated such a Custom observed in the Holy Church from the Apostles time and a Constitution of Carolus and Ludovicus Pius being born or Contained in the Chapitolar that Bishops should be elected by the Clergy and by the People of their own Diocess according to the Canons saith that this Constitution is most agreeable to that of the Holy Fathers and no less than if by the Nicene Councel or by any other General Synod it had been Promulgated by the Holy-Ghost through the Mouth of those Emperors where 't is seen that to take the Election out of the Hands of Princes they held for a Tradition that the Contrary of which they are willing now adayes should be Written by the Canonists N. 163. and Believed by us so that of necessity the Canonists must Err or else the Allegations of the Bishop of Lucca have erred And if the Ordination of Bishops in their Diocesses after the manner aforesaid was the Liberty of each one of the Churches as the Fathers and the Councels taught and granted them by our Lord Jesus Christ Let not those talk so disorderly who say the Court hath put all the Churches in Bondage under pretext of defending them their Liberty Seek this time that having spoken in divers Occasions of different wayes of gaining Estates to the Churches I toucht the manner of preserving them which is by Prohibiting all manner of Alienations Alienations a thing Diametrically contrary to that which the Primitive Church observed Wherefore if when 't was Lawful by the Laws of the Prince for the Churches to purchase Estates in Land N. 164. they might retain those which were given or bequeathed 't was therefore in the Bishops Liberty not only to make use of the Incomes but also to sell the very Estates to discharge the necessary Expences in Maintaining the Ministers and the Poor as also to give or bestow according to Exigencies And the Authority of Dispensator granted to the Bishop did not extend to the Fruits only as at present but also unto the Estate it self and to other Chapters which at first was Administred with Sincerity so that there arose no inconveniency thereby and lasted a long time in Poor Churches where the Estates being but small and the Bishops of no great Authority there was no matter or cause of Transgression But in Rich Churches and great ones where the Reputation Emboldened the Bishops to attempt that which would not have been permitted unto all and Abundance gave matter of being able to make use of some part Arbitrarily the Bishops began to exceed the Bounds of Modesty from Dispensing they came to Dissipating against which it was requisite to provide neither the Provision proceeded not from the Clergy-men but from Secular men to whose prejudice it was N. 165. For the Publick Estate of the Church being lessened the Clergy were not suffered to take their Living who were the first but the Poor who remained to the last In the most Principal Churches which were Rome and Constantinople the Provision was also first necessary wherefore Leo the Emperor by a Law of his Anno. 470 Prohibited the Church of Constantinople from every Alienation and in the year 483 Basilius Cecina Praefect us Praetorius of King Odoacre in Rome the See of Simplicius being Vacant by a Decree made in the Church Ordained that the Estate of the Roman Church should not be Alienated which was not found strange by three Succeeding Popes but in the year 502 Odoacre being extinct and all his Power Simmacus the Pope Assembled a Councel of all Italy wherein he proposed as a great Absurdity that a Lay-man should have made Constitutions in the Church N. 166. and by Consent of the Councel declared them Null But lest it should appear that this would tend to disorder a Decree was made in the Councel that the Pope of Rome and the other Ministers of that Church should not be able to Alienate specifying that the Decree should not oblige other Churches but the Roman only The following times shewed there was need of the same Law in all the Churches wherefore Anastasius extended Leo's Law to all the Churches subject to the Patriarch of Constantinople to all which he Prohibited the Power of Alienating But Justinian the Emperor in the year 535 made a Constitution General for all the Eastern Western and African Churches and also for all Pious Places Prohibiting the Power of Alienating excepting only to Feed the Poor in case of extraordinary Famine and to release Prisoners in which Cases Alienation was granted Conformable to the Antient Custom N. 167. of which St. Ambrose makes mention that not only Possessions but also the Vessels were sold for such Causes Justinian's Law in the West
forsaken For which Cause about the year 470 't was ordained in the Western Church Ao. 470. Division of Goods Ecclesiastical that four parts should be made one should be the Bishops the second for the other Ministers the third for building of the Church which Comprehended not only the Building of the Place where the People met together but also the Habitations of the Bishops and other Clergy-mens and of the sick and Widdows and the fourth for the Poor But these Poor amongst most of the Churches as St. Gregory relates were meant only the Poor of the place because all the Hospitality belonged to the Bishop page 26. who upon the Expence of his own Portion was Obliged to Lodge the Forraign Clergy and to feed the Poor which came from abroad Yet 't is not to be believed that this Division was in four Arithmetical and equal Parts but Proportionably because in some Churches the Number of the Clergy required that their Expences should be greater than for the Poor on the contrary the great Number of Poor and the small Number of Clergy-men required otherwise even as in the greatest Cities the Charges of Building was great but not so in the ordinary ones because every Church accepting the Decree of Dividing into four parts made the Divisions with different proportions according to their own different Necessities I know that some do attribute this Division to Pope Sylvester who was 150 years before grounded upon some feigned Scriptures after with little Honour to that Age which was not then much Polluted In the Theodosian Codicil Ao. 359. there is found a Law of Constantius and Julian page 27. in the year 359 Exempting the Marchant-Clergy from paying Custome or Tribute because what they gained was the Poors so far are we that the Church Goods should be Divided that they left their gains in Common Ao. 550. but in these years which were about 500 although the Rents were Divided into four parts yet the Estates were not Divided neither the real Estates nor the Oblations and Almes but all Governed together by the Deacons and Sub-Deacons and the Incomes Divided into four Parts which thing hath been necessary to be mentioned in this Place because in Succeeding times there will be declared such a change of Government which in and through all things proved Contrary to the Antient as also the Manner of Chusing Ministers was as is abovesaid Instituted by the Holy Apostles that Bishops Priests Election of Bishops 〈◊〉 and other Ministers of Gods Word and the Deacons Ministers of Temporal things should be Elected by the Vniversality or Generality of the Faithful and should be Ordained by the Bishops with laying of Hands on the Head a thing which lasted without alteration The Bishop was chosen by the People page 28. and Ordained by the Metropolitain in the Presence of all the Cumprovincial Bishops or else by their Consent granted by Letters from those who could not be present and if the Metropolitain was hindred the Ordination was made by three of the Neighbouring Bishops with the Consent of him and of those that were Absent And after that many Provinces for a better Form of Government were Subject to one Primate his Consent was also required for Ordaining Then the Priests Deacons and other Clergy-men were presented by the People and Ordained by the Bishop or else Nominated by the Bishop and with the Consent of the People Ordained by him An unknown man was never received neither did the Bishop ever Ordain one who was not approved of and Commended or rather presented by the People and the Consent or interveening of the People was Judged so necessary that Pope Leo the first treateth amply that the Ordination of a Bishop could not be valid nor Lawful which was not required or sought for by the People and by them approved of N. 29. which is said by all the Saints of those times and St. Gregory esteemed that Constance could not be Consecrated Bishop of Milan who had been Elected by the Clergy without the Consent of the Citizens who by reason of Persecutions were retired to Genoa and prevailed that they should be first sent unto to know their Will a thing worthy of being noted in our dayes ☜ when that Election is declared to be Illegitimate and Null where the People have any Share Thus things are changed and passed into a quite Contrary Custome calling that Lawful which then was accounted Wicked and that Unjust which then was reputed Holy Sometimes when the Bishop was grown Old he nominated his own Successor Thus St. Augustin nominated Eradius but that Nomination was of no value unless it were first approved of by the People all which things are necessary to be kept in mind to compare them with the Customs and Manners which were seen to be practised in subsequent times 'T is necessary now to make a little Digression for a new Cause N. 30. which hath brought a very great Encrease to Ecclesiastical Estates and sprang up in these very times about the year 500 and this was another sort of Religious Colleges called Monasteries Ao. 500. Monasteries Monkery Ao. 300. Monkery began in Aegypt about the year 300 those who fled from the Persecutions and from thence past into Greece where by St. Basil about the year 370 it was formed in the manner which yet continues in those Countries But in Italy about the year 350 it was brought to Rome by Athanasius Ao. 350. where he had but few followers and little Applause in that City and in the Neighbouring Places until that time of about the year 500 when St. Equitius and St. Benedictus gave it a setled Form and difused it though indeed the Institution of St. Equitius Extended it self but little and soon fail'd but that of St. Benedict spread it self all over Italy and went beyond the Mountains Monks nor Clerks but Seculars The Monks in those dayes and for a long time after were not Clerks but Seculars and in the Monasteries which they had without the Cities they lived upon their own Labours of Husbandry and other Arts together with some Oblations made them by the Faithful all which was Governed by the Abbot But in the Cities they lived by their work N. 31. and by that which was appointed for publick Expences by the Church These retained their Antient Discipline much longer The Clerks after the Stock of the Church was divided lost sufficiently of the Peoples Divotion whereupon there were few who either gave or left any more Goods to them so that the Acquisitions and Purchases of the Church would have been at an end But the Monks continuing the living in Common and in Pious Works were cause that the Liberality of the People was not extinguished but forsaking the Clerks turned towards them who were greatly Instrumental in Encreasing Ecclesiastical Wealth and in progress of time augmented greatly in Possessions and Incomes given to them and
drew out of England he found it to be equal to his own Revenue which is sixty thousand Marks The King proposed some of these Differences to the Council at Lions making Complaint of the abovesaid grievances whereto the Pope answered the Council was not Assembled for that purpose and that it was no time to harken to it In the said City of Lions during the time of the Council N. 154. the Pope would have given to his Kinsmen some Prebendaries of those Churches upon which there was a great Commotion in the City and the Pope had notice given him that they should be thrown into the Rhone wherefore the Pope sent them away privately Rhodano For all this the Court left not off its Designs but in the year 1253 the same Pope Commanded Robert Bishop of Lincoln a man in those times Famous in Doctrine and in Goodness that he should confer a certain Benefice upon the Genoése against the Canons which appearing inconvenient and unjust to the Bishop he answered the Pope that he Honour'd Apostolical Commands Conformable to Apostolical Doctrine wherefore that non obstantibus is a Deluge of inconstancy a Breach of Faith a disturbance of the quietness of Christendom that it is a grievous Sin to defraud the Sheep of their Pasture that the Apostolical See had all Power to Edification none to destroy N. 155. This Answer received the Pope grew wroth exceedingly But Cardinal Egidius a Spaniard being a Prudent man endeavour'd to Mitigate him representing to him that to proceed against a man of such Reputation for a cause so abhorr'd by the World could not bring forth a good Effect But whilst the Pope studyed to shew his Resentment Robert fell sick and to the end of his Life held the same Reasons and dyed with an Opinion of Holyness and 't was fam'd that he wrought Miracles The Pope hearing of his Death caused a Process to be formed for the King to dis-inter the dead mans Corps But the night following in a Vision or in a Dream he had Robert in Pontifical Robes who Rebuked him for persecuting his memory and smote him on the Flank with the But-end of his Crosier-Staff The Pope awoke with an excessive Pain in that Place which afflicted him unto his Death that happened within a short time after In the year 1258 Alexander the 4th Excommunicated the Arch-Bishop of York for the like Cause who persevering in his Deliberation N. 156. endured the Persecution with much Patience and drawing neer to his Death wrote a very Prudent Letter to the Pape exhorting him to imitate his Holy Predecessors and to take away the Dammageable Novelties from the Church and from his own Soul He dyed with the Opinion of a Saint and a Martyr In these times 't was likewise necessary in France to make a Provision which I shall relate after having given notice that for these and for other Impediments which the Princes and the Bishops opposed against the endeavours of the Court which never thought of giving over For Clement the 4th in the year 1266 resolved to lay the Foundations whereby he or his Successors might declare themselves to be absolute Patrons in all the Collations of Benefices throughout the World and remove the necessity of finding out Wayes and Arts to draw the Collations unto Rome and made a Bull which concluded nothing else but the Reservation of the Vacanti in Curia saying that the Collationing of them by an Antient Custom is reserved to the Pope and therefore he approved of this Custom and wil'd it to be observed N. 157. But to conclude this alone So much an Hyppothetical Premium can do in saying that although the plenary Disposal of all Benefices Premio Hippotetico belongs to the Pope of Rome so that he may not only confer them when they become Vacant but he may also before Vacancy grant a Right for the acquiring of them Nevertheless the Antient Custom hath more especially reserved the Vacanti in Curia Wherefore we approve of that Custom If the Pope had made a concluding Edict that the Disposal of all Benefices belonged to him the World would have stir'd in it and as well the Clergy-men as Princes and other Lay-Patrons would have declared their Reasons But this Proposition being put into a Conditional without a Conclusion went on easily without any notice taken of how much it might Import But two years after that is in the year 1268 without having any Respect unto this Bull N. 158. St. Lewis King of France seeing that the Provisions made by the Queen Regent his Mother during his Minority and during his Absence in the Holy Land were not sufficient to remove the Confusions introduced in the matter of Benefices Pragmatic Sanction made his famous Pragmatick wherein he Commanded that Cathedral Churches should have their Elections Free and the Monasteries likewise that all other Benefices should be given according to the Disposition of the Law and that no Imposition of the Court of Rome could be levied upon Benefices without his Consent and the Churches of his Kingdom This Holy Kings going into Africa against the Mores and his Death which happened in the year 1270 and the need the House of Anjou had of the Popes Favour to settle his Kingdom in Naples and to recover that of Sicily and the Power which the Pope granted to the King of imposing Tythes under Pretext of the War of the Holy Land were cause that the French easily permitted the Court of Rome to regain the same Authority N. 159. whereupon in the year 1398 Boniface the 8th placed the Constitution of Clement in the Decretals and made that That which was said Hyppothetically and Incidentally became the Principal and to give it the greater Authority he exposed under the name of Clement leaving it dubious whether it were the 4th or the 3d. Therefore now in some Copies it is Read the 3d in others the 4th For which cause this Proposition was given to be believed at first i. e. That the plenary Disposal of all Ecclesiastical Benefices belongs to the Pope which is pretended to be meant in a Sense not altogether perverted which is that the Pope should have full Power but yet Regulated by the Laws and by Reason A little after Clement the 5th made void all good understanding by saying that the Pope had not only full Power but also free over all Benefices which freedom is understood by the Canonists Exempt from all Laws and Reason so that he may do all that he pleaseth notwithstanding the Reason or the Interest of whatsoever Church or of Particular Person yea even of a Lay-Patron This Proposition is put into the Bulls upon every occasion N. 160. and there is no Canonist but passeth it for clear yea for an Article of Faith saying that the Pope in the Collation of any Benefice whatever may Concur with the Ordinary and also prevent it and if it so please him he may
were gone to Rome for Beneficyal Causes Three years after the Pragmatica was restored by the same King Sixtus the 4th then opposed him and made an Agreement to destroy it which is still to be found but they would not receive it and the Pragmatica remained Innocent the 8th Alexander the 6th and Julius the 2d used all means to Abolish it but could never Obtain it Finally Leo the 10th made an Agreement with King Francis the First And taken away again by which the Pragmatica was taken away and 't was Ordered that the Power of Choosing Bishops and Abbots should be quite taken away from the Chapters of Cathedral Churches and from the Conventuals but Bishopricks and Abbeys becoming Vacant the King might name a fit Person on whom the Pope was to Confer the Benefice That the Pope of Rome could not give Reversions nor make general or special Reservations but that Benefices becoming Vacant in four Months of the year should be Conferr'd by the Ordinaries on the Graduates of the Vniversities N. 208. and the Vacants in the other eight Months might be freely Conferr'd by the said Ordinaries only that every Pope in his life time may Charge any Collator of Benefices to Confer one according to the disposal of his Holyness in case there are to be Conferr'd between Ten and Fifty and if there be above Fifty or more he may Confer two and although there were many Difficulties in Accepting the Agreement and the University appealed to the next Lawful Councel nevertheless the Authority and the Vtility of King Francis overcame and the Agreement was Proclaimed in France and put in Execution In such manner that after so many Popes from the year 1076 unto 1150 strove by the Excommunicating an infinite number of Persons and by the Death of Innumerable more to take from Princes the Conferring of Bishopricks and giving the Election to the Chapters contrary-wise Pius the 2d with five of his Successors have striven to take the Election from the Chapters of France and give it to the King and Leo the 10th did obtain it at last N. 209. Thus the Alteration of Interests bear along with it the Change and Contrariety of Doctrine Some Speculative men have accounted the Reason of this to be because the Example that the Bishop and the Clergy might Confer may keep alive the Practice and the most general Doctrine of the Church Contrary to the Modern others because it is still more easie to take it out of the hands of a King who may be of a weak Spirit or may stand in need of the Pope than from the Bishops and Clergy King Francis made many Laws besides to regulate the Possessory of Benefices and the Agreement was observed by him but the Execution was interrupted for some years by his Son Henry the 2d when he was in War with Pope Julius the 3d because of Parma wherefore in the year 1550 the King Prohibited that any Provision of the Popes Benefices should be received and Commanded that all should be conferr'd by the Ordinaries but Peace being made all was Composed and the Observance of the Agreement returned But in the year 1560 the States were held at Orleans in Charles the 9th's Minority where the Collations of Benefices were regulated N. 210. and many things abolished which were Contained in the Agreement Great Confusions and Wars happened in the Kingdom and the Cardinal of Ferrara was sent Legate into France who Obtained that the Ordinances of Orleans should be superseded with a Promise that the Pope within a short time should provide against the Abuses for which the Ordinances were made of which nothing was done afterwards so that now the Concordate remains Thus went the Affairs in Germany and in France But the State of Italy which we have lately described was greatly altered by the Celebration of the Councel of Trent which made several Decrees on this Matter to provide against the Abuses abovesaid then reigning and although from its beginning which was in the year 1547 it began to attend these Corrections and made many Decrees which were not put in Execution until after the end of it which was Anno. 1563 wherefore it may be said that all the Provisions are to be referr'd unto this time N. 211. 'T was the Intent of this Councel to remedy three things First the Plurality of Benefices Secondly 1 Pluralities 2 Hereditary Succession 3 Absence Hereditary Succession Thirdly the Absence of Beneficiated men and to Prohibit all kind of Plurality 't was Ordained that one although he were a Cardinal could not have more than one Benefice but if that were so small that it might not serve or be sufficient for the Expences of the Beneficyed he might have one more which was therefore to be without Cure of Souls It Prohibited the Commendum's of Benefices Curati ad Vitam which was a Pretence to make a man Obtain two it Ordained also that Monasteries for the future should not be Commended and those that were so till then when they became Vacant should be reduced into a Title It Prohibited also the Vnions ad Vitam which was another pretext of giving divers Benefices under the name of one It Prohibited totally the Regresses and the Accesses to take away Succession It Prohibited also the Coadjutorships with future Succession absolutely excepting in Cathedrals and Monasteries wherein was Admonished N. 212. that they should not be granted by the Pope but for just Causes but the Prohibition is without Effect In the 14 last moneths Residency was treated with some Contention Residency because there was sprung up a Question among the Doctors a little before whether the Residency of Bishops and of other Curates in their Churches were de Jure Divino or Canonick for which cause the Councel was divided in such a manner that in April Anno 1562. a Scrutiny being made of the number of both Parties there 67 found whose Opinion 't was de Jure Divino 33 who opinion'd it to be de Jure Positivo and 30 who were of Opinion that this Point ought not to be decided without first treating with the Pope Of the first number were the Northern men and other cast-off Bishops on the Second and the third the Dependents on the Court. If Residency should have been made de Jure Divino it would follow that the Pope could not have been able to dispence it but that the Authority of the Bishop also would have been de Jure Divino and no man was able to restrain it N. 213. these were things which Squinted at the Depression of the Courts Greatness wherefore the Opinion was Maintained by both Parties with much boldness The Business came to Practices so that after fourteen months Residency was Commanded yet not declared quo Jure the Curate should be Obliged only Penalties were enjoyned upon non-Residents as to other things they were left in their first Estate or Condition but those who were at
treating and speaking follows not that which he is inwardly sensible of The Clerks or Clergy-men are become Administrators of these Goods by Laws which have granted unto Christian Colledges the Power of acquiring Estates N. 227. both by Wills and Donations of those who have bequeathed their Goods and by the Authority which the Church hath given unto the said Clergy in the Canons therefore they are Obliged to Govern and to Dispence these Estates according to the Laws Dispositions Donations and Testamentary Dispositions and according to the Canons and that which might be done Contrary to it cannot be called otherwise than Injustice Injury and Usurpation The Canonists say that the Pope hath most full Power over the Goods and Benefices Ecclesiastical so that he may conjoyn them diminish them erect new ones give them ad nutum Confer them before they become Vacant lay upon them Servitudes Burdens and Pensions and generally that in Beneficial matters the Popes Will is in the stead of Reason or Right This Sufficeth not but they add that the Pope may alter or transform into other Works the Legacies ad Pias Causas and may alter the Disposition of Testators applying that to another which they shall have appointed for a Pious Work and it cannot be denyed that this is the Practice which hath changed all the Government and all the Antient Institutions N. 228. but it remains still in Doubt who does amiss and errs the Antient or the Modern if so much as a Doubt may happen Martin Navarr with some of the more Moderate Canonists limits this Proposition that the Pope may alter the last Wills only restraining when there is a Lawful cause of doing it which otherwise would be to deprive a man of his own and of the Power granted him by the Natural and by the Divine Law coming down also to this Particular that the Pope cannot without Cause give that to one Church which is left unto another therefore how much less unto Persons not called Navarrus saith also that the saying of the Gloss approved by the Canonists That is in Beneficyal Matters the Popes Will is instead and takes the Place of Reason is to be understood only in things which are de Jure Positivo but not in that which cannot be done without disagreeing with Natural and Divine Law And those who give no unlimited Power unto the Pope N. 229. would also exclude the Canons of the Universal Church not to fall into the Absurdity that in a Matter of such Importance the Universal Church should have erred and done amiss and that the Court should do uprightly The said Navarrus adds further that it being said in the Clementines that the Free Disposal of Benefices belongs to the Pope The word Free is or ought to be understood without Licence Leave or Consent and notwithstanding the Contradiction of any man soever but yet without Prejudice of the Third if we should admit of this Exposition as it seems Convenient to be admitted there would be seen a great Opposition to Reservations because they are Prejudicial to the Bishops in the giving of Benefices unto Strangers because it is with Prejudice to those of the Country in whose Favour the Wills are made and it would not be very favourable to the Pretension to have Power or to be able to alter the last Will and Testament being Prejudicial to the Memory of the Deceased I know well that others answer to this that all is true N. 230. when there is no Legitimate Cause but the Point is who shall be Judge of the Lawfulness of the Cause for if it belongs to himself whose Authority is to be restrained 't is as good to give him the Absolute Authority as that which is limited with a Lawful Cause unless the Law be above it Navarrus adds very Notable things saying that in our Age the Opinion of the Jurisconsults which expatiate so much the Papal Power in Beneficyal matters is in much Credit to please those who are Ambitious of many Benefices which they accept as fitted for their Ambition and Covetousness who heard a Divine say Publickly and a Famous Canonist that they would willingly accept of all the Benefices of the Kingdom if the Pope would Bestow them upon them but on the Contrary Pius Quintus told them that the Jurisconsults are wont to attribute more Power than Convenient to the Pope whereto he answered that there are some also which do not Extol but that it behooveth to walk in the middle way having Respect unto Divine and Humane Laws together N. 231. not doing like the Modern Jurisconsults who Magnifie Humane Laws so much that they answer against the Divine However I intend not to Contradict the Opinion which gives so much Power for the Reverence due to the Pope of whom is treated although it Comprehends not how it agrees with Divinity and with Reason I shall only propose some Difficulties which are wont to be Promoted by Writers on such an Opinion which when they shall have resolved truth in this matter will be most clear And first If the Pope hath such an Ample Authority who hath given it him Not Christ because the Authority given by him is only is Spiritual things for loosing and for binding that is for remitting and for retaining of Sins And then the Ecclesiastical Estates are Possessed de Jure Hamano and not Divino and for such it hath been resolved above and therefore he hath not receive this Power from God much less from the Laws of Princes from Testamentary Dispositions N. 232. nor from the Canons of the Churches because all these have given the Administration to the Clergy-men of each Church over the Estates and Benefices thereof and prescribedly also with limited Conditions that they may not be altered therefore he hath it not from these There are no other Patrons in being nor none can have Authority unless granted by these therefore it remains to be Considered from whence and by what other way it hath been given him To this Doubt a second may be added if the Pope hath this Authority what is the Cause that his Predecessors for a Thousand years and more have never Exercized any nor any Antient Doctor nor Councel nor Historian nor Father nor Canon hath so much as made mention of it It cannot be Attributed that there is a necessity for that now which was not in those times because that in the Ages that past between the years 800 and 1100 for 300 years the Disorders were so great throughout all Europe that in Comparison of those N. 233. these at present are Tollerable and indeed no Pope did so much as intrude himself into the Estates of other Churches which had great need of being Governed And after the Popes had begun to interpose themselves in some places until the time of Clement the 4th no man ever pretended to such an Ample and Absolute Power but the said Clement hath not directly published
made Collections for other poor Churches also For which cause St. James St. Peter and St. John when they acknowledged St. Paul and St. Barnabas for Consorts and Companions in the Gospel they recommended this Work unto them to Collect some Almes for the poor Church of Hierusalem for which St. Paul also mentions the having made a Collection in Macedonia in Achaia in Galatia and in Corinth and this Custom was observed not only during the Apostles Life times but also after their Death and in the Church of Rome where Riches were plenty the Offerings also were Abundant N. 12. for about the year 150 they not only served to Maintain the Clerks and poor Christians of that City but also to administer abundantly unto other Churches not only to the Neighbouring but also to those at a Distance giving Food in divers Provinces unto poor and miserable Christians Condemned to Prisons and to working in Mines and to shew the Abundance of the Oblations I shall only say this that Marcion about the year 170 Marcion Ao. 170. made an Oblation in the Church of Rome at one time of 5000 Crowns of Gold and because he had certain Opinions not Convenient in Matter of Faith he was expell'd from the Congregation and all the money restored to him that holy Church esteeming it self polluted in retaining the Goods of a Heretick Afterwards the Church of Rome encreased so in Treasures that after 220 years the Roman Emperors were desirous of them Ao. 220. Decius the Prince whereupon Prince Decius Arrested St. Lanrence a Roman Deacon to take the Ecclesiastical Treasures from him they being grown so Copious but that Prince was Mistaken N. 13. believing that the Treasures were Collected and preserved for that holy Deacon was aware of the Tyrants Greediness and foreseeing the imminent Persecution bestowed all at one time as they were wont to do in such like Dangers and the most part of the Persecutions made against the Church after the Death of Commodus were for that Cause that is because the Princes or the Governors finding themselves short of Money were willing to make themselves Masters of the Christian Churches Stock that way After the Churches were enriched the Clerks also began to live more at ease and some not being content with the ordinary daily food of the Church would live separately in their own Houses and receive from the Church their separate proportion in Money every Day or for a Month together and longer a thing which although it declined from the Primitive Perfection N. 14. was nevertheless tolerated by the Fathers Besides the disorders did not stand at this stay but the Bishops began to fail the Poor in their usual Almes and to keep for themselves that which ought to be distributed growing rich with the Common Goods of the Church dealing in usury for to encrease them and leaving off the care of teaching the Doctrine of Christ all busied themselves in Covetousness which things St. Cyprian laments that they were practised in his time and concludes that God to purge his Church of these Errors might permit that great Persecution which was under the Empire of Decius because his divine Majesty hath alwayes reformed his Church either mildly by the means of Lawful Magistrates or when the Excess is gone too far by the Instrument of Persecutions But although the Church possessed so much wealth No Stable Goods at first yet it had no setled or Stable Goods first N. 15. because they cared not for any upon the Reason abovesaid for they esteemed the End to be at hand and all Worldly things to be Transitory and of a great weight for one who tends towards Heaven and again because no Society Colledge Communalty nor Corporation according to the Roman Laws could be given to bequeathed or have left by Will any Goods immovable nor for any cause whatsoever could possess the same unless it were approved of by the Senate or by the Prince neither can this be doubted of although Some Epistles goe about under the Names of old Popes which give a Reason why the Apostles should sell their Possessions in Judea and the succeeding Christians should preserve them by saying that was because the Apostles foresaw that the Christian Church ought not to remain in Judea but indeed amongst the Gentiles as if in the Gospel the cause of selling were not expresly shewn when Christ said to his Church Fear not O little Flock N. 16. sell what ye possess and give Almes that although Hierusalem were destroyed at its Building again there might be an Abundance of Christians and yet have not been destroyed in the Cities where the Churches amongst the Gentiles had Possessions But labouring to shew this Falsehood is superfluous being a certain thing that these Epistles are Suppositious Ao. 800. and were framed about the year 800 by those who preferr'd as is still done at this present Riches and Pomps to the Apostolical Moderation Instituted and Commanded by Christ But the Confusion which was much continued in the Empire after the Imprisonment of Valerianus the Laws being but little observed chiefly in Africa in France and in Italy some left or gave Stable Goods to the Churches which in the year 302 were all confiscated by Diocletian and Maximian though in France the Emperors Decrees were not Executed by the Bounty of Constance Cloro Caesar who Governed it But these Princes having renounced the Empire eight years after Maxentius restored all the Possessions to the Church of Rome and a little after Constantine N. 17. and Licinius granted freedom of Religion to the Christians approved of the Ecclesiastical Colledges call'd Churches granted generally throughout the Empire that they might gain or acquire Stable Goods as well by Gift as by Testament exempting also the Clergy from personal publick Services Exemptions of Ecclesiasticks that they might attend the duties of Religion more Commodiously The Custome of our times of giving or of leaving ones Estate to the Church with a special obligation of some particular work as of Building of Marrying young Damsels of providing for Orphans or others neither with Obligation to Masses Anniversaries or to other Ecclesiastical Offices were not then in Account nor in Use for a long time after But Persons gave or bequeathed absolutely and the Gift or Legacy was incorporated into the Common Mass N. 18. which was the Stock for the Expences of all pious Works wherefore speaking of ancient Ecclesiastical Goods it is most true that they are not dedicated to any particular Work but it is not true that they may be laid out in what a man will but in the generality of Pious Works only The Exemptions which Princes granted unto Ecclesiastical Goods freeing them from publick Contributions was a great encrease to them Exemptions of Ecclesiastical Goods and it was formerly observed every where inviolably with great satisfaction to Princes and with the Approbation of the People N. 19.
for it proved not dammageble to the Publick nor burdensom to the Commonalty for two Reasons one because Ecclesiastical Goods were finally the Poors of the People and exempting those who had not and leaving the Contributions to those who had wherewithal was alwayes accounted just the other because Exempting a man when he hath little and less than what sufficeth is no Burden unto others Nevertheless no man should infer that the same liberality of Princes towards the Church would be just and Convenient in these times also when it is grown so Rich that it possesseth a quarter and without doubt more than what the remainder of the Persons and this is not laid out any longer for the Poor so that to Exempt them would be contrary to what good Princes have done in Exempting the Rich and in laying their due burdens on the Poor Wherefore the Princes at present are no less pious than those then but the Subject is different For these would also grant Exemptions to the Church if it were poor and those would not have granted it if it had been Rich. The great Devotion of Princes and of the People as it caused the Wealth of the Clergy to encrease abundantly so it excited a great Thirst in the Ecclesiastical Ministers to Multiply it or heap it up from which excess not so much as the wel-minded men were free for seeing how the Distribution of Ecclesiastical Goods fell to the Glory of God N. 20. and to the Common Good they concluded that the more the Church had to Distribute the better it was whereupon they made use of all Wayes and of all Arts to gain Wealth not considering whether the Means they used were Lawful and suitable unto Equity so that if the Effect did but ensue viz. that the Church might gain by any means whatsoever She seemed to have made a Sacrifice unto God And certainly immense and innumerable Evils proceed from this sort of Zealous Persons who do not use Discretion with their Zeal because it seeming to them that every thing sent for A Religious End by what way soever to be Good they oftentimes Act against Piety and against Humanity putting the World into a confusion thus it happened in the Primitive times that the Church obtained Power to acquire real Estates it was believed by some Religious Men to be a Service of God to deprive their own Children and Kindred to give to the Churches for which cause also they Omitted no Art to induce Widdows Damsels N. 21. and other easie Persons to deprive their own Families to leave to the Church The Disorder passed so speedily the Bounds of being overcome that the Prince was necessitated to provide against it and in the year 370 Statute of Mortmain Ao. 370. a Law was made which although it did not deprive the Churches from Acquiring or Purchasing absolutely yet it Prohibited the Clergy from going unto Widdows Houses and Orphans and from receiving by Gift or by Will any thing from Women not only directly but also by means of any third Person Which Law St. Hierome confesseth to have been a Remedy against the Corruptions entred amongst the Clergy and gone too forward in the Desire of getting Temporal Estates neither did that suffice For within few years after that is in 390 Ao. 390. another Law was made that a Widdow who devoted her self to the service of the Church could not give or leave to it by will any real Estate or precious Housholdstuff which is discoursed of at large elsewhere This Excess of getting was not very pleasing to St. Augustin N. 22. who lived in those dayes for he openly declared that it pleased him better that Inheritances should be left to the next of Kin than to the Church and indeed he refused some Inheritances left unto his Church saying openly the Ecclesiastical Ministry consisted not in Distributing much but in Distributing well Likewise he reproved a new way the Church had of purchasing found out in those dayes which was buying real Estates with the Advance made upon the Incomes or Rent which way that Holy man alwaies abhorred neither would he ever permit it in his Church for he declared in his publick Sermons that he had rather live upon the Oblations and Collections which were wont to be made in the Primitive times of the Church than to have a Care of Possessions which were burdensome to him and hindered him from attending intirely upon the Principal Charge of a Bishop that is of Spiritual things adding further that he was prepared to renounce all Possessions N. 23. if a livelihood were provided for the Servants of God and Ministers as in the old Testament by way of Tythes or of other Oblations without being subject to the Distraction which the Care of Earthly things brought along with it But for all the Checks of the Holy Fathers through their good Exhortations and of the Princes by their good Laws the Ecclesiastical Goods could not be hindered from encreasing above what they ought only the ancient manner of Governing and of bestowing them remained and lasted till the year 420 without any notable Alteration Besides all the Oblations and other Ecclesiastical Incomes proceeding from Real Estates were in Common and governed by the Deacons by the Sub-Deacons and by other Steward 's their Assistants and Distributed for the Maintenance of the Ecclesiastical Ministers and of the Poor the Colledge of Priests and the Bishop were principally the Intendants and in short an Account of all Receits and Disbursments was kept so that the Bishop Disposed of every thing the Deacons Executed it N. 24. and all the Clergy lived upon what the Church had although all did not administer St. John Chrisostome makes mention that in those dayes the Church of Antioch fed above 3000 Persons at the Publick Expence 'T is also a thing certain that the Church of Hierusalem bore the Expences of an infinite Multitude of Persons which happened there from all parts of the World It is Recorded in Histories that Atticus Bishop of Constantinople Assisted the Church of Nicea in Bithynia by reason of a great Concourse of poor People in that City which were Numbred to 10000 in one day But after France Spain and Africa were divided from the Empire and erected into distinct Kingdoms and the Succession of Theodosius Extinct Italy after the Inundation of divers Barbarous People being fall'n into the hands of the Kings of the Goths Division of the East from the West and the East divided from the West the Churches were also differently Governed the Eastern Church followed the Common Government already instituted N. 25. In the Western the Bishops by Administrators and Superintendents began to make themselves Masters and to Govern the Goods of the Church in an Arbitrary manner from whence proceeded a great Confusion in the Distribution of the said Goods and chiefly to the Dammage of Buildings which fell to Ruin and of the Poor who were
left by Will which indeed was then spent by them in the Maintenance of a great Number of Monks and in Hospitality in Schooling and Education of youth and in other Pious Works The Abbot Tritemius makes account that the Monasteries of Benedict in Monks were to the Number of 15000 N. 32. besides the Prepositures and lesser Convents Prepositure The Monks themselves chose their own Abbot who Governed them Spiritually and Ruled also as well the Goods which came by the Charitable Offerings of the Faithful as of those which proceeded from the Labour and Art of the Monks and in progress of time those also which came from setled Revenues But the Bishops in these dayes which Succeeded the year 500 Ao. 500. being become absolute Dispensators of the fourth part of the Church Goods began also to mind more Temporal Things and to make themselves to be followed in the Cities whereupon Elections were no more used as the End of Divine Service but with Seditious Practices Proceeding oftentimes from Practices to Publick Violences for which cause Princes who until then took but little thought of whom should be Elected unto this Ministery began to bethink themselves of it N. 33. being advertised by the Holy men of those times that God had Committed the Protection of his Church unto them and therefore they ought by the Command of his Divine Ministery to take such care that Ecclesiastical Affairs should be Lawfully Managed The Princes also saw evidently how great Impediments were brought against the Quietness of the State and against the good Government of the Common-wealth by the Private Interests of the Ambitious Clergy and by the Seditious Practices which they used to acquire Ecclesiastical Dignities whereupon partly out of Divine Respect and partly for Human they began to prevent the Clergy and the Laity from providing themselves after their way according to their Affections as well because Affairs being altered and the Bishoprick no more shun'd but coveted they made Parties from whence proceeded Seditions and sometimes popular Slaughters by means of the Concurrents as also because sometimes Factious Persons were chosen for Bishops who held private Intelligence with the Princes Enemies which were never wanting in the Western Confusions N. 34. and sometimes Persons were chosen who having gained a Train of People Attempted some Design to Attribute the Jurisdiction of the Magistrate to themselves and would stir up the People to Defend their Enterprises whereupon the Princes Ordained that no Person Elected should be Consecrated without their Consent or the Magistrates the Prince Reserving to himself the Confirmation of the great Bishopricks as in Italy of Rome Ravenna and of Milan leaving the lesser Bishopricks to the Care of the Ministers But taking more heed to the Substance of the thing than to the Appearance when in a City there was an Eminent Subject known to the People to whom all were enclined ☞ and the Prince satisfied that he pleased the People Occurrenza when an Occurrence came he was Consecrated without more ado Sometimes also there happened through Accident of War or of Plague that one had been Ordained before he had the Confirmation of the Prince N. 35. as happen'd to Pelagius the 2d Predecessor to St. Gregory Rome being Besieged by the Lombards after the Siege was raised he sent Gregory who was then Deacon to make Excuse to the Emperor beseeching him to Confirm what Necessity had Constrained him to do In this manner Popes were Elected and Bishops in Italy until the year 750 Ao. 750. with the Imperial Confirmation but in France and in other places beyond the Alps the Regal or the Princes Authority was herein more absolute for the People totally desisted from the Election when the Prince took it in Hand good men forbore because believing themselves to be well provided with Kings esteemed their Interventions Superfluous evil men because they were not certain of being able to bring their Designs to pass whereupon the Kings gave the Bishopricks to them only throughout the Kingdom In all Gregory Turonensis ' History from Clodovius the first Christian King of France unto the year 590 no Bishop was known to be made but by the Command or by the Consent of the King N. 36. and St. Gregory who was made Pope that year writing to the Kings of France upon different occasions Complains to them that the Bishopricks were not bestowed on sufficient men and prayes them to make choice of good and understanding men He never reprehends the Provision made by the Kings when the Person provided was deserving As for Bishops who were chosen without the Authority of the People it was easie to exclude them also from the Election of Priests Deacons and other Ecclesiastical Ministers reducing the Power of nominating them to the Prince only without the Intervention of the People part of them having withdrawn themselves totally from meddling in Ecclesiastical Congregations to attend their Domestick Affairs others through the Inconveniencies which did arise amongst popular Factions and some others for seeing themselves disrespected by the Bishop grown Potent as well by the Riches he had to spend as by his Dependance on the Prince by whom he was Nominated to or Confirmed in the Bishoprick The Prince sometimes Nominated those that were to be Ordained N. 37. at other times he left the Care wholly to the Bishop chiefly when he was fully Consident which Considence was also Cause that the Prince oftentimes made use of the Bishop either to compose Difficalties amongst the People or to determine Difficult Causes the Respect of Religion being the Cause that they were more believed than the Magistrates whereupon they were more intent upon that than in teaching the Christian Doctrine which at first was given them in Charge Therefore when making of a Bishop was in Question it behooved rather to have Respect unto a wise Wordling than unto one understanding in Matters of Faith which remains still unto this time it being said that excepting the Places bordering on the Insidells it is better making a Bishop of a good Jurisconsult or Lawyer than of a good Divine and truly 't is a reasonable thing if the Principall Office of a Bishop were to judge Causes N. 38. Christ our Lord Ordaining his Apostles said as my Father hath sent me so send I you by which they understood to be sent to Teach If now all be sufficiently instructed and there be no more need of it he may attend somewhat else Heretofore the Principal Care of the Bishop was to Teach and the next to oversee the Government of the Poor so that in the second as well as in the first there was some Relaxation and therefore in making the Division into four parts abovementioned the Administration of the Goods being in the Hands of the Clergy and those were they who divided after their way so that where the Bishop and the Priests were Conscionable men the Division was Justly
made But where they did not forget themselves there being none to Protect the Poor and as few to take Care of the Buildings the Shares of these two were very small and in some places nothing belonged to either of them but all was Divided between the Bishop and the Clergy-men Besides also where the Division was made with due Proportion nevertheless the Administration of the Buildings N. 39. and the Shares of the Poor remaining in the Hands of the Clergy they came to diminish by little and little and the other two waxed greater which evidently appears for that in very few places the Buildings have any proper Income and for the Poor there remained nothing but the Hospitals which are of no Antient Institution In the Beginning the Share of the Clergy was not Divided amongst them but the Bishop had a Care of dealing with each one according to his Merits but afterwards they took upon themselves the Office of Dividing the Bishop being Excluded and they having their Share where neither Bishop nor others had to do they Divided again amongst themselves so that each Particular man began to know his own and ceased from living in Common But although the Rents or Incomes were thus Divided nevertheless all the Stocks or Estates remained in one Body Governed by the Deacons and Sub-Deacons and the Rents proceeding from thence Consigned to the Bishop and to each one of the Clergy according to the Proportion of their Shares And in Italy in those times the Possessions of the Church were called Patrimonies N. 40. Patrimonies which I was willing to mention here that no man might think that this name may signifie any Supream Dominion or some Jurisdiction of the Roman Church or of the Pope The Possessions of each Family which came from their Ancestors in the times we speak of were called the Patrimony thereof and that Estate was called the Patrimony of the Prince which he had in Propriety and to distinguish it from the Patrimonies of Private men it was called Sacrum Patrimonium as is Read in many Laws of the 12º of the Codice after which for the same Reasons the name of Patrimony was given to the Possessions of each Church There are seen named in the Epistles of St. Gregory not only the Patrimonies of the Roman Church but also the Patrimony of the Church of Arimini the Patrimony of the Church of Milan the Patrimony of the Church of Ravenna The Churches placed in Cities N. 41. whose Inhabitants were of but indifferent Fortunes had no Possessions left to them out of their District But to those of Imperial Cities as Rome Ravenna Milan where Senators and other Illustrious Persons dwelt Possessions were left in divers parts of the World St. Gregory makes mention of the Church of Ravenna's Patrimony in Sicily and of another there belonging to the Church of Milan The Church of Rome had Patrimonies in most parts of the World Mention is made of the Patrimony of France of Africk of Sicily of the Cottian Alps and of many others but in the time of the said St. Gregory there was a Difference or suit at Law between him and the Bishop of Ravenna for the Patrimonies of both Churches which was accommodated by Transaction To gain also greater Respect for the Possessions of the Church they were wont to give it the name of Holy which that Church had in great Veneration So the Church of Ravenna Nominated her Possessions of St. Apollinare N. 42. and that of Milan of St. Ambrose and the Roman called it the Patrimony of St. Peter in Abruzzo St. Peter's Patrimony of Sicily c. After the manner of Venice where the Publick Revenues are called St. Marks As for the Patrimonies of Princes when they were not appointed to the Souldiers a Governor was placed with Jurisdiction over Causes which concerned that Possession Some Clergy-men there were of the Roman Church who endeavoured to usurp such Rights in the Patrimonies of that Church being willing to right themselves without having Recourse to publick Judicatures which Introduction St. Gregory Rebuked and Condemned forbidding the doing of it upon pain of Excommunication Ecclesiastical Possessions paid Tribute to the Prince as appears manifestly by the Canon Si Tributum Tribute which is St. Ambrose And it is clear that Constantinus Pogonatus in the year 681 granted an Exemption from the Tributes which the Roman Church paid for the Patrimony of Sicily and Calabria 681. Exemption of Tributes 687. And Justinian Ritmeno in the year 687 remitted the Tributes which the Patrimonies of Abbruzzo and Lucania paid The Roman Church received not such great Incomes from its Patrimonies as some believe because as Histories relate N. 43. Leo Isaurus in the year 732 Consiscated the Patrimonies of Calabria and Sicilia N. 732. both which are mentioned to yield three Talents of Silver and half a Talent of Gold which make in our money not to lessen the Account upon the variety of Opinions how much answers each Talent exactly no greater sum than 2500 Crowns and the Patrimony of Sicilia much larger paid no more than 2100 Crowns It is not beside the Subject of our Discourse to know the Particulars which hapned whilst the Possessions of the Church remained in an entire Body and under the same Government although the Incoms were divided which could not last long by reason of the Contentions which arose amongst those to whom the Administration belonged N. 44. and the others who remained upon their own Discretion Whereupon for greater Expedition each Minister began to retain the Oblations for himself which had been made in his Temple the which formerly were wont to be carryed to the Bishop that he might divide them but for an acknowledgment of the Episcopal Superiority each one gave the third part to the Bishop and something over and above for Honour which was called afterwards Cathedraticus Cathedraticuâ—â— because it was given out of Reverence to the Cathedral or the Episcopal See Moreover they divided the Estates and appointed every man his own share but these Alterations were not made in all places at once nor by a publick Decree but as the Uses and Customs hapned to all they began in some places and Communicated them Successively unto others chiefly the bad ones which have the swiftest Course and the least hindrance In those dayes when the Ecclesiastical Affairs were reduced to this Condition the Publick Stocks or Estates were Distributed by the Princes unto Military men with a charge that some should keep the Marches or Borders some should serve the Prince in Civil Governments N. 45. some to follow him to the Wars some were to Guard Cities Forts or Strong-holds and they were termed or called Frank or Fees by the Lombards and in the Latin Tongue which was not yet extinct they were called Beneficia as given out of the Princes Beneficency Benefices for which Respect also the name of Benefice was
to wonder if so many modern Writers in such like Questions as in this which makes the Pope absolute Master of all the Benefices and of all Ecclesiastical Estates do defend Opinions contrary to Antiquity and contrary to those Institutions which had their Rise from the Apostles themselves and from Apostolical men because that as St. Cyprian very sensibly Complained that it is one of the Imperfections of man that whereas Customs should be Conformable to good Doctrine and to Laws on the contrary the Doctrine of Interessed men accommodates it self to the Customes and it is observable that in all the course of so many Ages there hath been no Novelty introduced even concerning Religion but immediately it hath met with Defenders What a wonder will it be N. 93. that this should happen in those Novelties and Introductions which serve for Wealth Ease and humane Concerns whereunto many may aspire The Confusion which was in Italy in Politick Affairs by reason of so many Kings and Emperors which were made in those times caused also an extream disorder in other Cities about Ecclesiastical Affairs Bishops and Abbots being sometimes made by Princes and sometimes intruded by their own Power and other Ecclesiastical Ministers likewise were sometimes made by those who bore sway in the Cities and sometimes by the Bishops and now and then Benefices were Possessed by him who had Power or popular Favour In the year 963 Otho a Saxon brought his Arms into Italy and became Master of it and to give Form unto the Government he Assembled a little Council of Bishops deprived Pope John 12th who being made Pope in his Minority under the Age of 18 by the chief of the Roman Nobility and by a great Concourse in that City N. 94. and lived in the Popedome Committing Adulteries Perjuries and other irreligious Customes Otho made him to be renounced by the People and by Pope Leo the 8th Created by him instead of John The Authority of creating the Pope and the other Bishops in Italy he retained and his Son and his Nephew of the same name unto the year 1001 for the space of 36 years and during the number of twelve Popes which were in that time Two of them were Created quietly by the Prince the others in Seditions for which cause the first Otho carryed one Prisoner into Germany and Otho the third carryed another one was strangled by him who had a mind to be made in his Room one run away having Robb'd the Treasury of the Church Ornaments and another withdrew himself into a voluntary Exile so that in these years we meet with Popes yet as Baronius saith Scontriame they are in the Catalogue only to fill up the Number for as to the Rest the Church had no other head but Christ. The other Bishops and the Abbots were Created by the Emperors without any Contradiction N. 95. and the manner was that when a Bishop dyed his Crosier-Staff and his Ring were carryed to the Emperor who having determined on whom to bestow the Benefice he invested him by giving him the Ring and the Staff upon Receiving of which Tokens he went into Possession and got himself Consecrated by his Metropolitan or by the Neighbouring Bishops which Custom was observed also in France and in Germany Other smaller Benefices were Conferr'd by the Bishops or by the Abbots under whom they were unless the Prince Nominated any one to a Vacant Benefice For to such a one it was given without any Reply or if he were Recommended by the Prince to have a Benefice when it should be Vacant who by reason of that Expectation granted by the Prince came to be provided by the Bishop with the first Vacancy Thus did the Otho's Govern without Contradiction from the Popes although the second of them dwelt a very long time in Rome where he dyed also and was buryed After the Death of the Othos N. 96. there was preserved among the Succeeding Emperors the same Power of Bestowing of Bishopricks and Abbeys and also of Nominating unto inferior Benefices or else of giving Expectancies of Benefices which were to become Vacant Indeed the Imperial Authority diminishing in Rome the Confusions returned into that Church for the People having reassumed the Authority of Electing the Pope and chose three of them quietly Benedictus Octavus and John the 20th Brethren were Elected one after another with some shew of Faction and this last being dead Benedictus 4th their Nephew was Chosen at 12 years of Age who besides many other Excesses sold a part of the Popedome to one Sylvester the 3d and another part to Gregory 6th and all three sate in Rome at the same time with much Confusion chiefly that this Gregory having Armed himself with Souldiers Foot and Horse N. 97. and with great slaughter gotten the Possession of St. Peter's Church he enlarged his Part by Arms wherefore the Emperor Henry the Black went into Italy put Benedictus to Flight sent Sylvester away Banished Gregory into Germany and deprived the People of Rome of the Power of making any more Popes And he made three Popes successively all Germans by Nation who being chosen by the Emperor took upon them the Pontifical Habit and Ensigns without any thing else the third who was Brunus Bishop of Zul having by the Emperors Deputation taken upon him the Habit in Trisinga and therewith taken his Journey as far as Clugni Hildebrand a Monk Foster-Son of St. Peters Church in Rome a man of singular subtilty would by Art restore the Election to the Romans Counsell'd Brunus who Cloathed in his Pontifical Habit was call'd Leo 9th to Cloath himself like a Pilgrim and so to go to Rome and that he would be more acceptable to the Roman People N. 98. Leo Consented and entred Rome in a Pilgrims Habit and by the Suggestion of Hildebrand was Proclaimed Pope of Rome by the People But this Art did not prevent the Emperor when Leo was dead from chusing in Mentz Geberard of Aichstat who immediately put on the Habit and was called Vector the second the Emperor then did not only bestow Benefices but also made Constitutions against those who obtained them by Symonie Pardoning the Errors Committed until that time and Imposing Penalties for the Future Henry the Black dying left the Empire to his Son Henry the 4th who Succeeded him in a tender Age during whose Minority although the Popes were Created by the Consent of the Emperors Tutors and the Bishops and the Abbots were Invested by him with the Ring and the Crozier Staff the Popes nevertheless making use of the Occasion gained by little and little some greater Liberty adhering also to one side or party of the Tutors who differ'd about them and made Factions whereupon Nicolas 2d N. 99. made a Constitution about the Election of the Pope Ordaining it should first pass through the Cardinal Bishops then should be proposed to the Cardinal Clergy-men in the third place to the Clergy and
106. and a Tumult was appeased which had lasted 56 years under Six Popes by Excommunicating an infinite number of Persons both Ecclesiastical and Civil who adhered to the Emperor and by the Death of numberless Persons on both sides in threescore Battels fought by Henry the Father and in eighteen fought by Henry the Son tantae Molis erat to lay the Foundations of that Building which we have seen brought up to the Top of the Battlements whereof we are to speak In the Occurrence abovesaid happened between Pascal and Henry the Judgment of the World was various some saying that the Assent yielded unto by the Pope was Null as done out of fear finding himself and so many Cardinals in the Emperors hand and therefore with Reason Pascal opposed him and ceased from observing it But on the other side it was said that if the Popes Assent were invalid for being extorted with Fear N. 107. no less ought to be held for invalid the Assent yielded to by the Emperor for Fear of so many Excommunications and Anathema's of so many Rebellions and Machinations for which cause he is subject to restore that which is done for Fear of Imprisonment and not that which is done for Fear of Anathema's and for Fear of seeing all his Dominions and People in Confusion and in Civil Wars Some men in Counsel in the presence of Pascal made use of this Dilemma if the Decree and the Bull of his by which he granted Investiture unto the Emperor were Lawful they ought to be observed if they were unjust and as some say Heretical then was the Pope Author also Heretical and unjust 'T is true indeed that a thing just and due although done out of Fear is valid and that no man whatsoever is blameless if for any kind of Fear he acteth contrary to the Law of God The Contention of the Popes with the Emperors about this matter of giving Investiture of Bishopricks and Abbeys stopt not only in Italy and Germany Kingdoms of the Emperor but in the same times also in France some of the Bishops stirr'd up by Example and through Interest N. 108. opposed the King for the same cause but because all were not agreed to make a League with the Pope against the King the King for the most part overcame him and the Popes were content to gain that by little and little which was Impossible for them to do all at once together In England the King having alwayes conferr'd Bishopricks and Abbeys in the year 1102 Anselm Arch-Bishop of Canterbury refused to Consecrate the Bishops provided by the King he adhering to the Decrees made by the Popes and the Contention lasted many years the King maintaining his Authority and the Arch-Bishop by the help of the Pope defending his Opposition the King believed himself able to perswade the Pope to that which he reputed Just therefore he sent an Ambassador who received such rough Answers and Threatnings from the Pope that to take off his Edge the Ambassador thought fit to tell him the King would not lose his Authority although he were to lose his Kingdom to which the Pope replyed with no less boldness that he would not permit it although he were to lose his Head The King remained Constant N. 109. and it behooved Anselm to depart the Kingdom incapable of returning without Consenting to the King 's Will. But the King dying without Heirs-Male and some Civil Wars happening 't was easie for the Clergy-men to prevail and to introduce That into England which had been introduced in the Empire where after the Cession of Henry of which hath been spoken the Pope obtained his intent true it is that in the year 1132 Lotharius the Saxon Successor of Henry the 5th Emperor being sought to by Innocent the 2d engaged in a Schism that he would acknowledge him for Pope and not his Adversary refused to do it unless the Investitures Renounced by Henry were restored to him and perhaps the Pope would have granted them but St. Bernard very intimate with Lotharius perswaded him to desist proposing to his Consideration that he having made War against Henry his Predecessor and Lord upon Pope Paschals Instance for that cause N. 110. afterwards to be willing to make himself a Defender of Henry's Pretention was to declare himself a Rebel and that he had made War against his Lord while he was defending a just Cause That which usually happens after great Victories namely when all the Forces of the Enemy are not Extinct the Fragments or the Remainder of the overcome Party oftentimes spring up again with old Pretensions which the prudent Vainquisher temporizeth dexterously rather than oppose himself openly by renewing a War so it fell out in these present occasions The Popes not being able to have the Victory of such a great Pretention so entirely but that in some Places some Benefices would remain in the Power of the Laity and that a Prince sometimes for some Necessity of his Government without Regard to the Pope would bestow some Bishoprick after the first manner There remained in France the Regalia N. 111. which is a Right of the King to Confer all single Benefices Vacant by the death of the Bishops until the Successor be Created There remained in Germany a Right of the Emperors of giving only one of the Canon-ships in many Churches and so divers particular Authorities were retained by some Princes The Popes that they might not by Contending for these particular uses renew the Contention with hazard of losing the whole or else by letting them run on they might do prejudice to the general Cause thought it requisite to make Provision both by Negotiation and Art They found a Temperament or Complyance by causing the Canonists and other Scribes depending on them to Write that these Princes enjoy'd that Authority through Priviledge granted by the Pope This served the Popes for a Reputation to make appear that Princes had no Right but by their grace and favour and assured them also that they might pretend further and 't was easily passed over by the Princes to whom it seemed that it was to secure them from the Molestations which the Popes might give them N. 112. and by adding an Ecclesiastical Title to their own Possession make it more secure But the Event shew'd that to be Poyson which was esteemed Physick For about 1300 Boniface the 8th exercised sharp Contentions with Philip the fair of France that he should yield up the Authority of the Regalia's abovesaid and they proceeded so far that this Kingdom was exposed to great Danger by Excommunications and Interdictions by depriving the King and by granting the Kingdom to Albert the Emperor At first when 't was assented to it was not well thought of to whose account it would turn by the Apostolical granting to preserve that which was the Princes Peculiar For the Popes since pretend they can revoke the Priviledges granted by their Predecessors even without a
these Introductions which although they had not past so formerly as happened afterwards writing to Eugenius the third rebukes them sharply complaining that the City of Rome was the place whereto the Ambitious the Covetous the Simonists the Sacrilegious the Concubine-keepers and the Incestuous had their Recourse to obtain Benefices for they found none who would receive them in other places Rome being the only place which made that Legal or Lawful which every where else was reputed unlawful The Popes themselves could not deny but that the granting of these Expectancies or Reversions were burdensome to the Churches yea Gregory the 9th C. Mandatum de rescrip confesseth it with open words wherefore they were restrained by inserting this little Clause If we have not written for another bringing into Custome N. 134. that every Pope might grant a Reversion upon any Church and no more Besides they were wont afterwards at their entrance into the Popedom to revoke all the Reversions granted by their Predecessor that their own might take place more easily or else that those who had obtained them might be necessitated to have new ones at new Charges for to Confirm them therein as for Elective Benefices which are Bishopricks and Abbeys they gave no Expectancies or Reversions there being no Example of it for they had been bestowed by the Princes but the Court invented other Modes or Wayes whereby they often drew the Collation of them to Rome setting forth many Conditions which were necessarily to be observed before coming to the Elections and others in the Celebration thereof and requiring divers qualities in the Person of the Elected N. 135. adding thereunto that if any of these were not observed the Electors were for that time deprived of the Power of Choosing which devolved it self to Rome Besides this also and for divers Respects of the Electors or for other Causes there arose amongst them difficulties about the Election for which cause one of the Parties would Appeal to Rome where most commonly the wrong was given to both and the Election made invalid and the Collation of the Bishoprick or Abbey for that time was drawn to Rome Also when the Court heard of a vacancy of some good Bishoprick or Abbey which had happened it dispatched immediately a Letter Preceptory that there should be no proceeding to the Election without his knowledge and with an honest shew or colour of helping or preventing disorders which might happen he sent a Person to assist and preside in the Election through whose means by divers wayes and managements the Election was made to fall on him who was to be the greatest Benefactor to Rome There happening then for the causes above written N. 136. that few Elections of Bishopricks and of Monasteries were Celebrated but for some of these Respects were examined at Rome whereupon the Pope mediated or interposed himself in most of the subsequent Elections covering it with the honest Title of Devolution for the publick service seeing that the usual Electors wanted of that which was their due they thought it convenient to put to their hand also either by commanding when it seemed to them that the Electors should not come to the Election without their leave or that they should not chuse but by the Counsel of some Persons nominated by them thus by different wayes they came to assume some share in the Elections also These methods variously used according to the Exigency of Accidents had not the Power of a Law but of Customs or of Reasonableness unto the year 1227 when Gregory the 9th having considered how Theodosius formed the Politick of the Empire Collected his Rescriptions or Decretals and those of Preceeding Princes into a Book N. 137. which was afterwards called the Theodosian Codex And Justinian having accommodated the Antient Laws according to the times then being and reduced the Decrees of his Predecessors into a Body he called them the Justinian Codex So the same Gregory the 9th framed a Politic having reduced into a Body all the Rescriptions or Decretals together with the Accidents which happened serving to the Roman Greatness and having extended that to a common use which had been established for a particular place and perhaps for that special case only and having abolished others called that Book the Decretal of Gregory the 9th which began to lay the Foundation and to establish the Roman Monarchy chiefly in Beneficial matters in which Book there is much more concerning the Edification of Law-fruits than concerning the Edification of Souls The old Collectors of Canons Particularly Gratian made a Collection of all that he accounted proper to the Papal greatness yet not without Changes N. 138. Alterations and Falsifications also of the Places from whence the Sentences were taken and 't was believed by him he had raised that Authority to the greatest height it could attain unto and for those times he was not mistaken but Affairs being altered that Compilement was not for his purpose but after that which he called his Decree followed this Decretal which gave no satisfaction neither but from time to time as the Popes advanced in Authority they framed new Rules for themselves so that in the matter of Benefices neither the Decree nor the Decretal nor the Sesto have any more Room but other Rules as shall be spoken of The great Method which the Court of Rome used in bestowing of so many Benefices drew thither all sorts of Clergy-men those who had none to gain some and those who had to aspire unto greater or better So that besides the old causes this also was added that many became non-Resident which the Court could not dissemble for every Diocess complained that the Churches were without Government N. 139. and attributed the cause of the Evil where it truly was wherefore 't was resolved some Provision should be made for it Therefore it seemed not convenient to the Popes of these times to proceed as formerly with Castigations because the disorder was too common as also because it would have been a means to send all out of Rome which if it should have been done the Court would have remained empty and every one would have endeavour'd to obtain Benefices from his Bishop near to whom he was personally rather than to send Salaries and Messengers to Rome for the obtaining of Expectancies or Reversions However a Medium was found by making of Laws which commanded Residency to that sort of Beneficed men who could expect but little from the Court speaking nothing of others Thus Alexander the 3d in the year 1179 commanded Residency to all Beneficed Persons who had the Cure of Souls The 't was added also all those who had Dignities N. 140. Administrations or Canon-ships of other inferior Beneficed men 't was never said they were obliged to Refidency and much less were they commanded to Reside wherefore by little and little they accounted themselves not obliged to it in such manner there arose a Distinction
or wasted and therefore could not maintain the Bishop conveniently the Metropolitan with the Bishops assembled in Councel gave two or more to one Bishop and these Cities were called Vnited as likewise on the contrary when the number of People encreased and that one man only could not supply all one Cure became divided into two yea unto these present times these Methods are Commendably used which are for the Service of God for Spiritual Benefit and for conveniency of the People But after they proceeded to make unions also for the Conveniency of some Pious Place by which means some Benefices became united to some Bishoprick or to some Monastery or to some poor Hospital by virtue of which union the Party Beneficyed seems indeed to have two Benefices but in truth he hath but one Humane subtilty invented being willing to give two incompatible Benefices to one Person to unite the one unto the other during his Life N. 148. so that giving him the Principal the United was also given by Consequence by which means it saves very well the Law of having but one Benefice in appearance but in the Existence there is nothing but the observance of th words with Transgression of the sense The Jurisconsults call it the Fraud of the Law This served also that they might give a Cured Benefice to a young striplin or boy or to any other illiterate Person and without being obliged to receive Sacred Orders by uniting the Cured Benefice to a single one during Life and Confering the single one in Title the Beneficyary remained the Curates Patron also and the words of the Law were very well observed But the Power of Vniting Benefices for Life was never granted to the Bishops for any Cause whatever but reserved to the Pope of Rome only Some Lawyers call it an Vnion in the Name but in Fact it is a Relaxation of the Law and they hold it for Damnable wherefore also in some Kingdoms it hath been prohibited It was long used by the Roman Court N. 149. now 't is no more in use no more than many other Cantelous things not to call them Frauds like these which speak too Legally for the Causes as shall be declared when we come to our times The Commendum had also a good Antient Institution Commendums for when an Elective Benefice became Vacant either Bishoprick Abbey or else a Living which was Jus Patronatus for which the Ordinary out of some Respect could not provide immediately the care whereof was recommended by the Superior to some worthy Person until Provision should be made nevertheless that Person had not Power to make use of the Incoms but only to Govern them and for this an Excellent man was chosen who usually was a Benefic'd man to whom the recommended Cure was a burden with which he was to be contented for the Church service only This could not be called N. 150. having a Benefice recommended unto him but very improperly and therefore in Reality he had not two Benefices although to make no difficulty of speech there arose a Maxime amongst the Canonists that a man might have two Benefices the one in Title the other in Commendum which Commendum at first lasted but until Provision were made afterwards they Commended for a good while which sometimes was long enough wherefore the Pope of Rome forbad the Bishops from Commending for above six months not making the Rule for himself but by a Court Style the Commendum contracted a little Custom not altogether Commendable which was that when the Pope had a mind to give any man a Benefice it could not be done either for want of Age or because the Benefice was Monacal and the Person Secular or for some other respect he Commended it to him so long that he might acquire the necessary qualities for to have the Title of it But finally about the year 1350 all Respects being laid aside the Popes holding the other Bishops strictly to the Term of six months N. 151. they Proceeded to give the Commendum for Life which if it be given to one who hath in Title another Incompatible Benefice he observes very well the words of the Law that two Benefices cannot be given but one in Title and the other in Commendum but the sense is defrauded because that which is Commendatory for Life as touching the Profits is like unto the Titular also giving a Benefice in Commendum to one who hath not the qualities required by the Canons doth not disagree with the Words thereof but 't is given to him in Deed and not given to him in Words the Commendums of Bishopricks and other Benefices are almost out of use in Italy There remains some Abbeys for the Causes which in our times shall be declared By the means abovesaid the Popes drew to themselves great share of the Beneficial Disposals in all the Christian Kingdoms of the West but in the Eastern Churches he was never suffered to dispose of an Atome not only in the last Ages of that Empire when the Greeks were totally divided N. 152. but likewise in the first Ages also when they were united into a Body except that in Syria and in Greece in the times and in the places which were under the Dominion of the French and of the Venetians But the Popes Letters which disposed of Benefices in manner abovesaid although they were indeed for the most part obey'd yet nevertheless not without some Complaint and Murmuring putting it often to dispute whether the Pope could do this or that In Italy none opposed the Pope unless some Pious man for Respect of Conscience and for the Service of God it being besides profitable to the Italians for such were the Roman Courtiers who by means of the Popes ample Authority received Incoms from Beyond the Alps. In Spain the Prudence of that Nation in their Practice deluded the Arts of the Court. In England as in a Region where the Benefices were many and Rich the Roman Courtiers made great gains wherefore in the year 1232 a League was made in that Kingdom N. 153. between the English Clergy-men and the Souldiers against the Roman Clergy-men Beneficed in that Island who were spoyled of their Goods and Incoms The Pope Commanded the King under pain of Excommunication that he should Chastize or Punish and Persecute them with Temporal Arms and that the Prelates should Excommunicate them But they were found to be so numerous that the King durst not meddle with them neither did the Prelates dare to make use of their Spiritual Weapons The Affairs remained quiet for a few years whereupon Pope Innocent the 4th a Genoése took fresh Courage and sent one Martin his Kinsman by whose means he renew'd the Fashions of the Court upon which the English had Recourse to the King Complaining that the Italians got Possession of all Benefices The King Banished Martin from the Kingdom and causing an Account to be made of how much the Pope
that his Predecessors had Enriched the Churches which by the Provisions and Impositions of Rome are Possessed by Strangers and unworthy men contrary to the mind and intention of the Testators whereby the Kingdom also became weakened That the Pope ought to feed and not shear the Sheep that heretofore the Kings gave the Benefices that they have granted the Election unto the Clergy upon the Popes Petition and now the Popes will take away the Election introduced by them N. 181. and usurp it to themselves Wherefore 't will be convenient to return to the first Institution that Benefices are to be conferr'd by Princes This Contention which lasted while the Pope was living was occasion that Innocent the 6th Successor to Clement revoked all his Reservations by a Constitution of his which begins PASTORALIS The same at present is not to be found but many famous Canonists make mention of it the like hath happened to many others whereby the Abuses and the Usurpations would be made manifest as in like manner all things were taken out of the Glosses which favour'd not the Court but the expurgatory Index's made with the Doctors shew worse besides the fitting them for his Interests or purposes before they were exposed to the Press But few years after they were restored again wherefore Edward An. 1373 sent an Ambassador to Gregory the 11th at Avignon making Instance that the Reservations should be quite annull'd The Business was taken in hand N. 182. which lasted two years at last in the year 1375 the Pope Annull'd them totally But he being dead the beginning of the great Schism happened in the year 1378 by which there being two Popes there were also two Roman Courts and the Expences or Charges were Duplicated and those also were much greater than Ordinary through the necessities of spending which the Popes had for the Persecuting of one another and for the defending themselves against one another whereby each of them set on foot all the wayes imaginable for the raising of Money and Simony was most manifest in each of the Courts Benefices being freely sold and they took all they could out of the Hands of the Ordinaries The Roman Court had not openly discovered it self until this time for they aimed at nothing else but at Money of all their undertakings the Cause was rendred with some appearance or shew of providing better for the Churches than the Ordinaries did or else of providing some deserving Person with a Benefice But Vrban the 6th declared himself why 't was introduced into Benefices with Ordaining N. 183. that the Impetration should be Invalid if mention were not made of the value of the Benefice Heretofore the Benefice was chiefly given for Spiritual things the Temporals became Accessories then of the Spirituals there was no mention made the Charge or Office was not Considered but the Emolument The same Institution lasted also unto our dayes and Authority being given to Nuncio's to Confer some of the lesser Benefices by the value of the Incomes it is determined which are the great and which are the little ones And in the Reservation of Monasteries there is no care of the Spiritual those are Reserved which exceed the value of 200 Crowns and the inferior ones left free This serves to the end the Chamber may receive the Annata or Fruits more exactly for if two men impetrate one Benefice and one of them expresses the value to be greater than the other the Bulls or Papal Breives of him that exprest the less will be in vain and those of the greater will be attained Some say this is an exposing it to a sale or out-cry and giving to whom bids most others say it is to the end the Chamber may not be defrauded of its Right N. 184. but this Consideration belongs to the Chapter of First-Fruits Coming back to the time of the Schism no man denyes but the Disorders in the Roman Courts were great which encreased also the more because some Kingdoms and Provinces Scandalized at such various and different Methods they reduced themselves to acknowledge neither of the two Popes whereupon it behooved them to raise and receive from those which remained as much as from all Germany refused to remain Subject to the Reservations and Expectancies or Reversions and the Ordinaries Conferr'd Benefices without any Regard to the Ordinances of Rome On the Contrary Innocent the 7th for this Cause in the year 1359 sent a Legate into Germany to give new Bulls or Papal Letters to those who were gotten in by the Episcopal Collation paying them for them and to cause them to make Composition for the Fruits received leaving some part unto the Chamber N. 185. but by this means much Money being like to go out of Germany the Emperor Charles the 4th opposed it and Prohibited the Extraction saying 't was requisite to Reform the Customs of the Clergy not the Purses All these Confusions encreased more and more when there came on the third Pope in the year 1409 to whom although the French did adhere and yielded Obedience nevertheless they stuck close to one of the Kings Edicts made 3 years before by which they Prohibited the Reservations the first-Fruits and other exactions of the Court until that by a Lawful general Councel might be provided for The King was not very Capable of the Government but Lewis Duke of Orleans who Governed him was Author of all the Edicts wherefore he being Kill'd 't was easie for Pope John the 23d to regain Authority for Conferring Benefices in France giving to the King to the Queen to the Dolphin and to the House of Burgundy the nomination of most of their Servants and then prevailing with the Remainder preserv'd it until the Death of that King wherefore Charles the 7th his Son who Succeeded him N. 186. renew'd the Edicts In Italy also there were made several Provisions by divers States in different manners all which tended to take away the Abuses Baldus testifies that as much as the Bologneses made Beneficyal Provisions and Particularly Ordained that they should not be Conferr'd saving only upon the Natives of that City and of the Country belonging to it neither were the Popes much esteemed by them for John the 23d being in Florence with his Court a certain disorder arose about the Collation of a Benefice for which that Common-wealth deprived him of the Power of Conferring Benefices in their State for five years In these times were invented inextricable Clauses to be put into Bulls as making a difference between Petitions Signed by Concessum and those which are Signed by Fiat between the dispatches with the Clause Motu Proprio with others New tricks and devices sound out and the Clause Anteferri which makes the better Conditions from which Invention several Bulls were Obtained upon the said Benefice N. 187. and besides the more Fruits paid there arose Law-suits also which were to be handled at Rome with the Benefit of the
Court. There was added the Constituting of another Antagonist at Law if he dyed that the end of him might not be the end of the Law-suit but by his Death there was taken or received another years Revenue and the Continuation of the Law-suit which Multiplying also the Clauses were invented Si alteri Si neutri Si nulli Whereby the Benefice was given to a third man also but only during the Law-suit or Contest of the two first which Constrained Princes for the Removing of Confusions Disorders and Contentions amongst their Subjects to bring back to the Secular Bar or Court the Cognizance of the Possessorio of the Benefices a thing which although Legitimate had been by the Connivance of Princes taken away from the Secular Magistrates and Assumed by the Ecclesiastical Court From the Provisions which were made by some Princes to stop the new Introductions into matters Beneficial within their Dominions N. 188. the Court took occasion to invent others as well to work the same Effects under other Pretexts as to Multiply methods whereby they might do and therewith supply what they could not do where Provision was made In these times Resignations were found out not good and Commendable ones Resignations for they are very Antient but certain others which the World at present Commends not It was never Lawful for him who was put into an Ecclesiastical Charge to leave it of his own Authority and it was very agreeable that he who had dedicated himself to a Ministery and had received the Reward for it which was the Benefice should persevere Administring nevertheless for some Lawful Causes it might happen to be necessary or at least for the Publick or for the Private good that some one might devest himself of it 't was introduced for a Custom that it might be and with the Authority of the Superior for some Lawful Cause he may renounce and the Causes wherein 't was practized were if through Infirmity of mind or of Body or became incapable by old Age N. 189. or if by enmity of Potent Persons on the place he could not make his Residency without Danger When the Renunciation was received by the Bishop the Benefice was esteemed as Vacant and he to whom the Collation belonge'd Conferr'd it in the same manner as if it had been Vacant by Death The Renunciat was introduced in these times not for any urgent Cause but only to bring to pass that the Benefice might be Conferr'd upon one nominated by the Renunciator and as unto a new thing it behooved also to give it a new Name calling it Resignatio ad favorem because it was only made to favour the Resignation that he might have the Benefice 't is indeed at the Superiors Liberty to receive the Renunciation or not but he cannot receive it but by giving the Benefice to the Person Nominated Although this was a way for introducing Hereditary Succession unto Benefices and therefore Dammageable unto the Ecclesiastical Order N. 190. it proved more profitable to the Court by how much the more frequently the Benefice was Conferr'd and by it the first-Fruits Receiv'd Covetousness and other Worldly Affections taught many to crave for and to receive Benefices not with a mind to continue in them but with thoughts of enjoying them until they could obtain better or else until some design of Marriage or other kind of Life were brought about or else until some Youth might come of Age at which he might afterwards renounce a thing which by Pious men was never excused and 't is held for a Common Opinion that whosoever receives a Benefice with a design of Renouncing it cannot with a good Conscience receive the Fruits which some of a larger Conscience they do not mean so generally of all but of those only who do it with an intent to forsake the Clerical Order As for Renouncings ad Favorem which became Emoluments to the Receiver the Court that the Fruit might be all its own Prohibited the Bishops from receiving such Renouncings and reserved that the Pope of Rome only was able to do it N. 191. And because many Beneficed men when they felt themselves near unto Death made themselves a Successor by such a way 't was Ordained by a Rule of Chancery that the Renouncing made in favour of another by a sick Beneficed man should not be of value unless the Renouncer Survived twenty dayes after Consent granted In these times the Fountain of the Oblations of the Faithful seemed to be drained or lessened already while the War of the Holy Land lasted and afterwards for some years whilst there was hopes that it might be renew'd through which means much Gold came unto the Ecclesiastical Order but all hopes being lost the Oblations were stopt Nevertheless Example was taken by this work and the giving Indulgences Remissions and Concessions introduced for those who would lay hold on and Contribute thereunto by some good and Pious work for daily there were new works Instituted for each City N. 192. for which Indulgence was granted from Rome this brought forth much Fruit to the Clerical Order and to the Court which did partake of it and this went so far that in the year 1517 there sprang up in Germany the Novelty which every one knows Helping hand Pope Pius the 5th Provided for our Age by a Constitution whereby he Annull'd all the Indulgences granted by the Clause of Helping-hands that is with Obligation to offer Money a thing which hath not yet stopt the Course of this Harvest For although Indulgences are now given without that Condition nevertheless in Churches are set forth Chests and Trunks and the People believe no Pardon to be Obtained unless they Offer But returning to these years of the Schism for what Concerns the gaining or acquiring of new Incomes and setled Estates for the Churches the hope seem'd to be quite lost The Monks already had no more Credit of Holyness the Fervency of the Sacred Militia not only Luke-warm but Extinct The Fryars Mendicants for all were instituted after the year 1200 had therefore Credit N. 193. because they had totally devested themselves of the Power of Purchasing Estates and made a vow to live upon Oblations only and Alms whereby it appeared that the Augmentation of setled Estates would Cease but a good way was found out which was the granting to the Mendicant Fryars by a Priviledge from the Apostolick See to be able to purchase Estates which by Vow and by Institution was Forbidden them many of their devout Persons were most ready to Enrich them there wanted nothing but the manner how this found out immediately the Convents of Mendicants in Italy Spain and other Kingdoms were become very Commodious in Estates within a short time France only Opposed this Novelty saying that as they were come into the Kingdom with those Institutions of Poverty it behooved they should persevere in the same neither would they suffer them hitherto to