assembled in his own Territories and with his leave To hinder their making any definitions in spiritual matters or publishing them within his Dominions without their being first evidenced to him to be in nothing repugnant to Gods Word a thing he is to learn of them and without his consent first obtained whereby he assumes to himself in the Churches Consults a negative voice * To hinder also the execution of the Churches former Canons in his Territories so long as these not admitted amongst his Laws * Again when some former Church-Doctrine seems to Him to vary from Gods Truth or some Canon of the Church to restrain the just liberty of his Subjects I mean as to spiritual matters then either Himself and Council of State against all the Clergy or joined with some smaller part of the Clergy of his own Kingdom against a much major part or joined with the whole Clergy of his own Dominions against a Superior Council to make Reformations herein as is by them thought fit * Lastly To prohibit the entrance of any Clergy save such as is Arrian into his Kingdom under a Capital punishment who sees not that such an Arrian Prince justified in the exercise of any such power and so the Church obliged to submit to it must needs within the circuit of his Command overthrow the Catholick Religion and that the necessary means of continuing there the truth of the Gospel is withdrawn from the Church And the same it would be here if the Clergy within such a Dominion should upon any pretended cause declare themselves freed from obedience to their Ecclesiastical Superiors or by I know not what priviledge translate their Superiors Authority to the Prince § 25 Many of these Jurisdictions vindicated by the Church are so clearly due to her for the subsistence of true Religion as that several passages in many Learned Protestants seem to join with Catholicks in the defence of them of which I shall give you a large view in another Discourse Mean while see that of Dr. Field quoted below § 49. and at your leisure Mr. Thorndikes Treatise of the Rights of the Church in a Christian State and B. Carleton's of Jurisdiction Regal and Episcopal In the last place then this Bar was set by the Church against any Clergies making use of the Secular Power for remitting their Subjection to the Laws and Constitutions of their Ecclesiastical Superiors or for possessing themselves of any Ecclesiastical Dignities or Jurisdictions contrary to the Churches Canons § 26 Now then to sum together all that hath been said of these Subordinations of Clergy Persons and Councils so high as the Patriarchal for preserving a perpetual unity in the Church 1 First No Introduction or Ordination of inferior Clergy could any where be made without the approbation or confirmation of the Superior § 27 2 The several Councils were to be called when need required and to be moderated by their respective Ecclesiastical Superiors and matters of more general concernment there not to be passed by the Council without his consent nor by him § 28 without theirs or the major part of them 3 All differences about Doctrine Manners or Discipline arising amongst inferior persons or Councils were to be decided by their Superiors till we come to the highest of these the Patriarchal Council And in the Intervals of Councils the respective Prelates and Presidents thereof were to take care of the Execution of their Canons as also to receive and decide appeals in such matters for which it was thought not so necessary to convene a Synod amongst which the differences with or between Primates were to be decided by the Patriarch those with or between Patriarchs by the Proto-Patriarch assisted with such a Council as might with convenience be procured § 29 4 In clashing between any Inferior and Superior Authority when these commanded several things the Subjects of both were to adhere and submit to the Judgment and Sentence of the Superior 5 All these things were to be transacted in the Church concerning causes purely Ecclesiastical and Spiritual without the controulment of or appeal to any secular Judges or Courts under penalty of excommunication to the Clergy so appealing Now in such a well and close-woven Series of dependence what entrance can there be for pretended Reformations by Inferiors against the higher Ecclesiastical Powers § 30 without incurring Schisme Whether of I know not what Independents Fanaticks and Quakers against Presbyters or of Presbyters against Bishops Reformations which the Church of England hath a long time deplored or of Bishops against the Metropolitan and so up to the Prime Patriarch the supreme Governour in the Church of Christ And next What degree of obedience can be devised less I speak as to the determinations of matters of Doctrine than a non-contradicting of these Superiors Which obedience only had it been yielded by the first Reformers whatever more perhaps might have been demanded of them by the Church yet thus had the door been shut against all entring in of Controversie in matters of Religion once defined And though some still might themselves wander out of its Pale yet in their forbearing Disputes the rest of the Churches Subjects would have slept quietly in her bosom unassaulted and so unswayed with their new Tenents And perhaps those others also in time have been made ashamed of their own singularity when they were debarred of this means of gaining Followers and making themselves Captains of a Sect. CHAP. III. Of Councils General 1. The necessary Composition of them considered with relation to the acceptation of them by Absents § 35. This Acceptation in what measure requisite § 39. 2. To whom belongs the Presidentship in these Councils § 47. 3. And Calling of them § 47. § 31 THis from § 9. said of all inferior Persons and Councils and their Presidents so high as a Patriarchal of their several Subordinations and Obedience in any dissent due still to the superior Court or Prelate Now I come to the supreme Council Oecumenical or General the Rules and Laws of which may be partly collected from the former Wherein the chief Considerables are 1 The Composition of what or what number of persons it must necessarily consist 2 The President-ship in it and the Calling of it to whom they belong § 32 1st Then for the Composition It is necessary that it be such either wherein all the Patriarchs or at least so many of them as are Catholick with many of their Bishops do meet in person or where after All called to It and the Bishops of so many Provinces as can well be convened sitting in Council headed by the Prime Patriarch or his Legates Delegates are sent by the rest or at least the Acts and Decrees thereof in their necessary absence are accepted and approved by them and by the several Provinces under them or by the major part of those Provinces § 33 For a General or Oecumenical Council such as doth consist of all the Bishops of
Yet remain they still fettered with the Bonds of a third Obedience I mean Passive in a meek submittance to the Church's Censures And if they shall happen to be excommunicated by the Church and externally disjoyned from its Society yet is it by no means lawful for them after their publishing new Doctrines to proceed also to erect a new Altar or Anti-Communion against it But patiently undergoing its sentence and longing for their peaceable restorement to the former Catholick Communion which is alwaies but One and may not be divided they are to expect from God the vindication of his Truth and their Innocence Which so long as any suffers for he remains still internally a member of this former Society from which externally he is excluded Now by this third Obedience if the Churches Faith in some manner suffers yet its Unity at least will remain unviolated and not divided or torn by Schismes These things I have endeavoured to represent and perswade to the pious Reader in the former Discourses as also in the beginning and conclusion of this present Work have further pressed them Now from such a submission to a legal Church-Authority once gained the same is rightly demanded to that of Trent if this Council proved Legal And then by this Council once received and submitted to is an end put to the most and chiefest of the modern Theological Controversies and present Church-distractions This then is the Task of the following Discourse Of which I implore the Divine Majesty for a prosperous success only so far as it maintains a right and just Cause and so commit the Reader to the gracious Illuminations of his Holy Spirit THE CONTENTS CHAP. I. Protestant-Objections against this Council OBjected by Protestants 1. That the Council of Trent was not a General Council § 3. 2. That not Patriarchal § 4. 3. That not Free and Legal in its Proceedings § 5. 4. That Several of its Decisions are without or contrary to Scripture to Primitive Tradition and Tyrannically Imposed § 6. 5. That the Decrees of this Council touching Reformation were meerly Delusory § 6. n. 2. CHAP. II. Some General Considerations pre-posed 1. Of Inferior Councils The due Subordination and other Regulations of them § 9. 1. The several Councils at least so high as the Patriarchal to be called and moderated by their respective Ecclesiastical Superiors or Presidents and nothing to be passed by them without his or by Him without their consent § 10. 2. No Introduction or Ordination of Inferior Clergy to be made without Approbation or Confirmation of the Superior § 11. 3. Differences between Inferiors upon Appeal to be decided by Superiors and those of higher persons and in greater Causes by the Bishop of the first See § 12. where concerning his contest about this with the Africans § 13. n. 2. Yet that no persons or Synods co-ordinate might usurp authority one over another Nor all Causes ascend to the Highest Courts and many without troubling the Synod in its Interval to be decided by its President § 14. 4. Obedience in any dissent happening amongst Superiors to be yielded to the Superior of them The Concessions of Learned Protestants touching the Precedents § 16. 5. No Addresses or Appeals permitted from the Superior Ecclesiastical to any secular Judge or Court § 20. Where That the Church from the beginning was constituted a distinct Body from the Civil State § 21. And what seem to be her Rights and Priviledges as so distinct § 22. CHAP. III. 2. Of Councils General 1. The necessary Composition of them considered with relation to the Acceptation of them Absents § 35. This Acceptation in what measure requisite § 39. 2. To whom belongs the Presidentship in these Councils § 45. 3. And Calling of them § 47. CHAP. IV. I. Head Of the Generality and just Authority of the Council of Trent 1. That the Western Churches and particularly that of England are not freed from the subjection to this Council though it were not General if Patriarchal § 53. 2. Or if only so General as those times were capable of § 65. 3. That it is not hindred from being General by reason of the absence of the Greek Churches § 66. 4. Nor by reason of the absence of the Protestant-Clergy § 67. CHAP. V. 5. That this Council is not hindred from being General by the absence of the Roman Catholick Bishops of some Province or Nation § 69. Where 1. Of the reason of the Paucity of Bishops in some Sessions § 70. 2. Of the Ratification of the Acts of those Sessions by the fuller Council under Pius § 75. 3. Of the Acceptation of the whole Council by the absent Prelacy § 77. And particularly Concerning the Acceptation thereof by the French Church Ib. CHAP. VI. 6. That the Generality of this Council is not prejudiced by its being called by the Pope § 80. 7. Nor by reason of 1. The pretended Non-generality of the Summons § 82. 2. Or Non-freedom of the Place § 83. 3. Or the want of Safe-Conduct § 92. Where concerning the Doctrine imputed to the Roman Church That Faith is not to be kept with Hereticks § 93. And of the practice of the Council of Constance § 101. CHAP. VII 8. That this Council is not rendred illegal by the Oath of Bishops taken to the Pope § 105. 9. Nor yet by the Bishop's or Pope's being a Party and Judges in their own Cause § 113. 1. Not by the Bishops their being Judges Ib. Where Of several waies of judging Ecclesiastical Controversies justly rejected § 118. 2. Nor by the Pope's being Judge § 122. CHAP. VIII II Head The Invalidity of such a Council as Protestants demanded The Protestant-Demands § 127. The unreasonablness of these Demands § 132. Where Of the fruitlesness of many Diets framed according to Protestant-Proposals to decide their Controversies CHAP. IX III Head Of the Legalness of the proceeding of this Council 1. That a Council may be Legal and Obligatory in some of its Acts 2. That no Decree concerning Faith was passed in this Council where any considerable party contradicted § 128. 3. That there was no need of using any violence upon this Council for the condemning of the Protestant Opinions in condemning which the Fathers of this Council unanimously agreed § 150. 4 That no violence was used upon the Council for defining of Points debated between the Catholicks themselves § 152. Where Of the Councils proceedings touching the chief points in debate Touching 1. Episcopal Residency Jure Divino § 153. 2. Episcopal Jurisdiction Jure Divino § 154. 3. The Popes Superiority to Councils § 155. That these three Points of Controversie however stated are of no great advantage to the Reformed § 156. 5. That no violence was used upon the Council for hindring any just Reformations § 157. CHAP. X. 6. That no violence was inferred upon the liberty of the Council as to the defining any thing therein contrary to the General Approbation By 1. The Popes Legats proposing
482. Most of these Objections you may find after Soave urged by Archbishop Lawd § 27 c. and reinforced in his Defence by Mr. Stillingfl p. 2. c. 8. By B. Bramh. Vind. c. 9. By Dr. Hammond of Her § 11. and many others whether with more force and advantage than is here set down I must desire you to consult the Authors § 7 These are the principal Exceptions occurring in later Protestant-Writers against the Council of Trent Now I desire your patience to hear on the other side what may be said for it Which Council being by reason of the subjection of the Clergy to so many supreme and independent Princes with so much difficulty conven'd not finally concluded till 18 years after its first sitting interrupted by sickness interrupted by wars managed under several Popes of several inclinations and under often-changed interests of most warlike and rival Princes according to their several advantages or disgusts who now sent now withdrew their Bishops and desired to model its Decrees to the content of their Subjects and secular Peace in their Dominions It must needs encounter great diversity of Accidents and not always retain the same face security frequency splendor and reputation nor the same purity and dis-engagement from secular affairs and national obligations Again * Sitting in the time and for the composing of the greatest and the most powerful considering the engagement of the common people as well as of Princes separation and division that ever was in the Christian Church which departed also from the former unity in so many points of Doctrine and Discipline as never did any before and * driving two main designs at once the reformation of manners in the Church and its Governors and the confutation of errors in the Sectaries It must needs be liable to many Intestine as well as External affronts and hinderances from all sides and in so many decisions seem to some to commit not a few oversights But yet notwithstanding all these Intrigues and all that is produced against it I see not but that both its Authority and Integrity may be rationally and justly vindicated § 8 The Considerations upon it for the more orderly proceeding in them I shall reduce to these Heads 1. Concerning the Generality 1. Liberty and just Authority of this Council or of the persons constituting it to oblige the Churches Subjects 2. or especially those of the West 2. Concerning the Invalidity and also probably the uneffectiveness of such a General Council as the Protestants in stead thereof demanded and as should be limited with all the conditions they proposed 3. Concerning the Legal Proceedings of this Council of Trent 3. especially as to those matters which respect the Protestants 4. 4. The many Definitions and Anathema's of this Council and its pretended-new Articles of Faith 5. 5. Concerning the many Constitutions and Acts of great consequence passed in this Council and confirmed by the Pope for the Reformation of several corrupt practices and disorders observed in the Churches Government or Discipline CHAP. II. Of Councils inferior to General The due Subordinations and other Regulations of them § 9. 1. The several Councils at least so high as the Patriarchal to be called and moderated by their respective Ecclesiastical Superiors or Presidents and nothing to be passed by them without his or by Him without their consent § 10. 2. No Introduction or Ordination of Inferior Clergy to be made without Approbation or Confirmation of the Superior § 11. 3. Differences between Inferiors upon Appeal to be decided by Superiors and those of higher persons and in greater Causes by the Bishop of the first See § 12. where concerning his contest about this with the Africans § 13. n. 2. Yet that no persons or Synods co-ordinate might usurp authority one over another Nor all Causes ascend to the Highest Courts and many without troubling the Synod in its Interval to be decided by its President § 14. 4. Obedience in any dissent happening amongst Superiors to be yielded to the Superior of them The Concessions of Learned Protestants touching the Precidents § 16. 5. No Addresses or Appeals permitted from the Superior Ecclesiastical to any secular Judge or Court § 20. Where That the Church from the beginning was constituted a distinct Body from the Civil State § 21. And what seem to be Her Rights and Priviledges as so distinct § 22. § 9 COncerning the first Head to discern more clearly the true State of this Council assembled at Trent It seems necessary that I first give you a brief account of some things more generally appertaining to these Ecclesiastical Courts Of Councils then assembled as need required for deciding Controversies enacting Laws and preserving the Peace of the Church Catholick which is but one throughout the world there have been always used in the Church these several Kinds or Compositions subordinate in Dignity and Authority one to another 1 Episcopal or Diocesan 2 Provincial 3 National 4 Patriarchal and 5 Oecumenical or General Of which Councils the first Pattern under the Gospel was that held at Jerusalem Act. 15. A. D. 51. Amongst these the lowest Synod or Ecclesiastical Council for governing the Church was Episcopal or Diocesan taking the word in its modern sence consisting of the Bishop of any particular Diocess and his Presbyters the Bishop calling them together and moderating the Assembly the Actions and Decrees of which Synod were appealable from and liable to the Judgment and Censure of an higher Council The next Council was Provincial consisting of all the Bishops of a Province in which were many Diocesses called and moderated and its Decrees executed by the Metropolitan The next Synod to whom also the Actions and Decrees of this Provincial were subject was National consisting of the Metropolitans of several Provinces with their Bishops called and moderated by the chief Primate in such a Nation such were several of the Affrican Councils and particularly that held under S. Cyprian de Baptizandis Haereticis there being of these Provinces or greater Circuits six in Affrick and so many Primates or primae Sedis Episcopi of whom the Chief was the Bishop of Carthage The next a Council Patriarchal consisting of the Metropolitans c. of divers Kingdoms and Countries which were contained under the same Patriarchy this called and moderated by the Patriarch The last and supremest is a Council Oecumenical or General to which I should proceed next to shew you of what persons it is to consist who is to call who is to preside in to regulate and ratifie it c. But this I shall defer till § 34. And because the Regulation and Government that is for the necessary preserving of the Churches firmer Peace and Unity established and observed in these lower Councils is by their being more frequently held much better known and also freely acknowledged by Learned Protestants I will first give you some further Account of this that so you may make
12. And indeed such an Eye to and Reverence of the Orientals had the Council of Trent that in several passages it seems to take great care * of Anathematizing any such Doctrines as were in those parts commonly received Of which see something besow § 186. or of giving them any occasion to protest against it This said of the absence of the Greeks * § 67 4 ly Neither doth the absence of the Protestant-Clergy hinder this of Trent from being a Lawful and obliging Patriarchal 4. or also General Council 1. First Not the absence of so many of them as were no Bishops because they had no right to sit 1. or vote there if we may be suffered to model that of Trent according to former General and approved Councils 2. 2. Nor the voluntary and un-necessitated absence of such of them as were Bishops though those of a whole Province or Nation be so absent if invited if secured as the Protestants were See below § 92 c. and yet not coming For as hath been shewed in Councils as the Vote so the Presence of some Bishops from a major part of Christian Provinces and a like Acceptation of its Acts after the Council concluded is sufficient to nominate the Council General and render its Acts obliging or else farewel General Councils and their power For these being ordinarily assembled for the rectifying of some part peccant when will not such Bishops as are heterodox fearing some censure or ill success from the rest out-numbring them purposely absent themselves or such Princes as are any way obnoxious as Hen. 8. was having assumed a new Church-Supremacy not prohibit them Of this thus Archbishop Lawd § 27. n. 4. Such a promulgation as is morally sufficient to give notice that such a Council is called is sufficient in case of Contumacy and where they who are called and refuse to come have no just cause for their not coming And D. Field ‖ p. 651. forbears not to pronounce the 5 th Council held at Constantinople under the Emperor Justinian A. D. 553 General when as yet the Prime Patriarch and his Western Bishops were neither present in it at least any considerable number of them nor in absence had approved it General i. e. in case saith he of their wilful refusal See his words set down before § 43. Some other cause therefore must be urged and not this barely of their absence why the Council is not without them Legally General or obliging 3. Nor doth the involuntary absence of some Bishops if hindered by some secular power or also if not admitted 3. or excluded by the Council hinder it from being Legitimate if the excluded be proved such as profess and own those Opinions that have been condemned and the defenders thereof anathematized by former lawful Councils Now whether the Protestant party might justly have been excluded upon this Title see below § 198. Nay further For those Bishops who are not yet condemned by any former Church-Decree yet if they be accused or suspected of some new dangerous Errour it hath not been unusual in former allowed Councils the major part thereof so agreeing to deny them the liberty of sitting or giving their vote therein till first by the judgment of the Council they be cleared of it For which see the Proceedings against Dioscoruus Bishop of Alexandria and his chief Adherents in the 4 th General Council Act. 1. Yet §. 86. n. 1. notwithstanding such just pretensions of excluding the Protestant Divines from the Council of Trent de facto they were not so But had granted to them Plenissimam securitatem as their Safe-Conduct Sess 18 expresseth it Veniendi proponendi loquendi Articulos quoslibet tam scripto quam verbo liberè offerendi cosque Scripturis Sacris Beatorum Patrum Sententiis rationibus astruendi ad objecta Concilii Generalis respondendi c. See also that Safe Conduct before this Sess 13. And some Protestant Divines appeared in this Council upon such security ‖ See Soave p. 374 375. But behold within three Weeks after their arrival there the Protestant Princes that had sent these to treat here an Vnion of Religion and the Peace of Christendom appear in Arms on a sudden invade the Emperor secure and wholly unprovided and narrowly saving himself from their Hands by flight from Ispruck at midnight And their victorious Armes now not far distant from Trent and a rumor spread that they would suddenly possess themselves of the Alpes to hinder the entrance of forreign Forces struck the Council with such a terror that they were necessitated to suspend it for some time and seek their safety by a dispersion of their Members Nor did the Council by reason of the tumults in Germany and wars in Italy and France †Conc. Trid. Bulla cel brat Coâ—e Sess 17. meet again till ten years after this in the beginning of Pius the fourth after that the Reformed Religion had received an incredible growth in those troublesom and distracted times wherein by the Emperor's being constrain'd to grant a Toleration the Evil One had much more advantage to sow his Tares as also at its first birth Protestantism was cherished with a like Toleration by reason of the Invasions of the Turk and the Aids against Him necessary from the Protestant party No sooner had Pius renewed the Council but there was another Safe-Conduct for Protestants published like that under Julius but not made use of But let us now suppose the Council undisturbed in the manner before related §. 68. n. 2. and these Protestant Divines that came to the Council still continuing there and indulged not only 1 the freedom of Disputing but 2 their Decisire Vote Touching which thing see the Caution premised by the Council ‖ Apud Binnium Conc. Trid. Sess 15. That if for that time the Protestants were permitted to give a Placet it should be no prejudice to the Rights or Honour of the present or future Councils which shews the Council not resolved to deny this to them if much stood upon Yet what least advantage to repeat here again something said already in the first Disc § 36. n. 3. could Protestants have extracted from these For the first their Freedom of Disputing and perswading What could they now have said after a thirty years Crowth of their Doctrine that they had not formerly written and the Council perused And with what face could they have declined the exposition of Scriptures by former Ecclesiastical Tradition Councils and Fathers by which they were cast For the latter their power of Voting What signified their number to that of Catholick Bishops Or if the Votes were changed from Personal to National still less relief to them from hence especially if such Nations be considered in a due proportion according to the multitude of their Clergy Which the Protestants well discerned when waving any such trial i. e. of Ecclesiastical matters by Ecclesiastical Judges they
se non deposituros eum si haereticum esse couvincant as Bellarmin †answered long since to this scruple only they swear to defend and promote all De Concil l. 1. c. 21. not to be in any action or plot against any of his legal and Canonical for this is alwaies understood in oaths Rights Authority Priviledges c Now what offence here what restraint of any lawful liberty For an Oath taken in general to all the Canonical rights of the Pope and not specifying any in particular leaves the Bishops and the Council in perfect liberty to dispute examine and determine what are his Canonical and rightful priviledges what not leaves them liberty to question his Supremacy so far as he seems to them to claim any such in causes or over persons Ecclesiastical not appearing by divine right or Church-Constitution due unto him and generally in liberty to question as Bellarmin observes his commanding or practising things they think unlawful And indeed the Bishops in Trent sworn to maintain all his lawful yet did dispute some of his pretended Rights and Priviledges and after much debate left them unstated Nor did the Pope or his Legats though willing enough to have prevented such agitations yet plead any obligation in the Episcopal Oath against them This Oath therefore obliging only to the observation of the former Divine and Church-Laws concerning the Papal Dignities can be no more prejudicial to the liberty of Councils than the former Laws and Canons are prejudicial thereto § 109 4 ly Bishops not sworn yet still remain obliged to the observance of all such Canons so that such Oath is not the addition of a new but the confirmation of a former obligation which 4. when our Superiors for their greater security call for we cannot justly deny 5 ly Yet neither do such obligation nor such Oath laid on Bishops taken singly restrain their liberty § 110 when met in a Council but that they with the present Popes consent 5. may then altor and change those Canons and so their obligation to them No more than a Princes or his Subjects swearing to the observance of the civil laws of a Nation hinders these when met in Parliament to abrogate any law or enact the contrary all oaths to laws have this tacit limitation viz. till those who have the authority shall think fit to repeal them And in the consecration of the Reformed Bishops in England the Oath imposed upon them of obedience to the Archbishop is conceived to be unprejudicial to the liberty of their Synods § 111 6 ly If in this Oath any thing was sworn that was unlawful the Bishops 6. so soon as this unlawfulness appeared to them from that moment without any dispensation were discharged from the observance thereof as Luther and Bucer so soon as it seemed to them unlawful thought themselves quitted from the same or the like Oath formerly taken when they first entred into a religious Order but if nothing was sworn in it but what was lawful why complain the Reformed of this Oath § 112 7 ly Did this Oath of the Bishops lay some restraint upon their liberty it would be only in one point of the Protestant Controversies 7. that concerning the Popes Supremacy but would leave it free as to all or most of the rest Neither see I what influence their swearing to maintain the Popes just Priviledges could have upon their votes in the points of Justification Transubstantiation Invocation of Saints and the like For if this be named one of his privileges that their decrees in these points are invalid unless by him confirmed yet there is no reason that this should incline them at all to vote in these contrary to their own judgment 1 st Because omitting here the obligation they have to promote Truth upon whatever resistance they have no cause to presume his Judgment in such points especially after their Consultations would be different from theirs Or 2 ly Because if they knew it would differ yet they understood also that without the Concurrence of their Judgments his likewise is rendred invalid and not able to establish any thing wherein they dissent As in some affairs of this Council it so happened This for the Oath to pass on to others § 113 9 ly Whereas it is pretended that the Bishop of Rome who presided and those Bishops who sat in the Council were a party and Judges in their own cause 9. As for instance the controversies that were to be decided being between these two parties Protestants and Roman Catholicks that those of the Council were all Roman Catholicks and the Protestants not permitted to have with the rest any decisive vote Again the Protestants accusing the Roman and other Western Churches of many corruptions both in their doctrine and in their discipline yet that this Council was made up of the Bishops of those Churches which were thus accused Again one controversie being against the superiority of the Order of Bishops to the Presbytery that therefore in this the Bishops were clearly a party Another controversie being against the Popes Supremacy and particularly against his authority of calling and presiding in Councils that therefore in this the Pope was a party Besides that his stiling the Protestants hereticks before the Council renders him in it no impartial nor unprejudiced Judge in their cause I say neither do these pretences hinder this Council supposing it composed of so many Bishops of the Catholick Church as are necessary to the constitution of a General Council or of so many Bishops of the Western Churches as are necessary to the constitution of a Patriarchal from being a lawful Judge in these controversies and the acts therof obligatory to all nor hinder not the Pope from presiding there Where 1 st To consider the legality of the Synod as it consists of such Bishops § 114 And 1 st Here we find that all Heresies and Schismes have had the same plea against the former Councils 1. as the Reformed against this of Trent namely that the contrary party the accuser or the accused was their Judge All the Christian Clergy was once divided into Arrians and Anti-Arrians or Nestorians and Anti-Nestorians as in the times of the Council of Trent it was into the Protestants and Roman-Catholicks and the Arrians then accused the Catholick Bishops of their corruption of the doctrine of the Trinity as the Protestants did now the Roman Catholicks of several corruptions in doctrine and discipline Yet so it was that the Arrians were condemned by the Anti-Arrian Bishops as being the major part neither were they allowed any other Judge save these and this a Judgment approved by the Protestants Nestorius Bishop of Constantinople on the one side and Celestine Bishop of Rome and Cyril of Alexandria on the other side counter-accuse one another of Herâ—sie yet was Nestorius sentenced and condemned in the 3d. G. Council by Celestine presiding there by Cyril his Substitute Dioscorus Bishop
of Alexandria and the Eutychian party had great contest with the rest of Christian Bishops Anti-Eutychians proceeding so far that Dioscorus with his party presumed to excommunicate Leo yet was he and his party judged and condemned by the Anti-Eutychian party being a major part in the 4th G. Council the same Leo presiding there by his Legats and Dioscorus though the 2d Patriarch being not permitted to sit or vote in the Council And these Judgments approved by the Protestants Arius an Alexandrian Presbyter and Alexander the Bishop there had much controversie between them and accused one another before the Council of Nice yet Alexander in that Council sate as Arius his Judge amongst the rest and gave his definitive vote against him And doubtless had Arius been a Bishop and the major part of that Council Arian Arius should have judged Alexander in the same manner Allowed examples in this kind might be alledged infinite 2 ly Now to shew §. 125. n. 1. that such judgments are lawful and obligatory notwithstanding that the Judges are a Party 2. formerly accusing and accused by the other of corruptions errours usurpations c. I beg these three things to be granted me having elsewhere sufficiently secured them 1 That the Church is delegated by Christ as the supream Judge on earth for all â—heological and Spiritual matters secure for ever not to erre in necessaries and that as a Guide 2 ly That the judgment of the Bishops and chief Pastors of the Church as being at least by Ecclesiastical Constitution and common practice of former Councils as appears by the subscriptions to them established the Representative thereof is to be taken for that of the Church or else the judgement of all former Councils even of the four first may be questioned 3 ly That the vote of the major part where all consent not in the same judgment must conclude the whole both for those Bishops sitting in the Council and those Bishops absent that accept it Which Judge §. 115. n. 2. that hath been of all former ages by whom Christians have been settled in truth against all former Heresies Arianism Nestorianism Pelagianism c. if any because he finds it not to suit with the late Reformation will now reject let him tell us what other Judge he can put in their place For if this ancient and former Judge must be supposed contrary to our Lords Promise deficient in necessaries and incident into Heresie Blasphemy Idolatry and then if a few of these ecclesiastical Governours surmising this against many a few Interiors against many their Superiors only after they have first made their complaints to them and propounded their reasons and been rejected may then apply themselves to procure the assistance and power of the temporal Magistrate one who may be seduced also and assist in a wrong cause and so may first sit down in the Chair and judge of the wilfulness and obstinacy of these others in defence of their supposed errors and crimes and then may proceed to a reforming of the Church or some part thereof against them things which a late opposer of this Council †Mr. Stillings p. 478.479 is necessitated to maintain will not thus the revolution of judging and governing in ecclesiastical affairs proceed in infinitum and necessarily bring in a confusion of Religion's as some Countreys have had late experience For This second Judge and Reformer and this Secular Magistrate are liable also to Heresies Blasphemies Idolatries And then how is there any remedy of these crimes and errours unless there may be also a third Judge allowed to reform against them and then may not the Superiors and major part again take their turn to reform these Reformers And where will be an end of this Controversie who shall last decide Controversies Every Judge that we can set up being also a party and so to leave his Chair after that there appears another to question his judgment But if we are to stay in some judgment to avoid such confusion where more reasonably can we rest than in the three former Proposals § 116 And from them it will follow 1. That those who are no Bishops must be content not to be Judges or to have definitive votes in Councils and if any such have a controversie with or against Bishops must be content after their best informations preferr'd to the Order to be judged by the same Bishops who 't is probable upon some new evidence may alter their former sentences But yet suppose the Inferior Clergy admitted to have Definitive votes I see not what the Protestants can advantage themselves thereby as long as if any inferior Clergy all must have so and the greater number give law to the fewer For the inferior Catholick-Clergy in the time of the Council of Trent far out-numbred the Reformed § 117 2. Again from them it follows That if the Bishops are appointed the sole Judges of such matters and causes they do not cease to be so upon any either interest or siding which they may be shewed to have in the cause And indeed if we consider * their former common Tenents and practises in those things which upon some opposition they meet afterward to judge * to what side of a controversie the major part of them hath formerly inclined or also declared for it something of what they judge tending to their Honour another to their Profit another to their Peace in some sence they may almost alwaies be said to judge in their own cause or on their own side So when ever they are divided into two opinions or parties who ever of them judgeth here and none may judge beside them judgeth in his own cause And so it is when any one opposeth the Church in any of her Traditions or Doctrines formerly owned by her For instance when one opposeth the Order of Bishops the just obligation of the Churches Decrees questioneth * whether the Church-Governours succeeding the Apostles hold such or such their authority immediatly from Christ independent on secular Princes * Whether the receiving of Holy Orders be necessary for administring the Sacraments * Whether Tithes be due jure divino In all these we must say that the Church is appointed by God Judge in her own cause Or if in some of these things not the Clergy but the Laity be the right Judge yet so we still make him who judgeth to judge in his own cause and in a matter wherein he is interessed whilst he so much againeth in those things as the other loseth Of this matter thus Mr. Chellingw †p. 60. In controversies of Religion it is in a manner impossible to be avoided but the Judge must be a party For this must be the first Controversie whether he be a Judge or no and in that he must be a party § 118 But now suppose judging in their own cause must by no means be allowed to any and so the Church about any difference being divided
into two Parties and Communions neither must judge as both being parties and these perhaps very unequal I ask what course is left to end such difference 1. Shall either Party chuse an equal number of Clergy with full authority to determine it But these having equal votes will counterpoise one another and so decide nothing Or suppose one or two should as it were betray their trust and pass over to the other side for truth and error are not capable of moderating the point and compounding the middle doctrine between both as many other litigious matters are yet I think no party especially the major will ever yield to commit the future profession of their Religion to such a chance 2. Or shall the Clergy on both sides first pleading their cause before them cast the judgment and decision thereof upon the Laity But are not the Laity in matter of Religion which concerns all all parties as well as the Churchmen and ranged with the several divisions of the Churchmen in distinct communions Will the Protestant be judged by the Emperour or the Roman Catholick by the Duke of Saexony because a Lay-man But if an equal number of Laicks because there also are parties shall be chosen on both sides whether Princes or others the same accidents recur as in taking an equal number of Clergy Blessed be God who hath established a firmer course for the perpetual settlement of the peace of his Church § 119 Neither belongs this course of judging in their own cause only to Ecclesiasticks but is found the same in the civil supreme power I say supreme For as for inferiour Judicatures exclusion of parties from being Judges is easie by reason of many both collateral and superior Courts which may be repaired to For the supreme power then when any difference happens between a Prince and his Subjects part of his people adhering to him part divided from him when a part of his Kingdom rebelleth against him opposeth some part of his Royal Prerogatives or the equity and justice of some of his Laws Here 1. Either such offence must not be judged 2. Or the supreme Magistrate hearing the Plea of his Subjects must judge in his own cause either by Himself or by his Substitute which is all one as if by himself For he can give this Substitute no such power to judge this cause unless he have such power himself Again it is to be presumed that such Substitute shall be one of his own perswasions and who will think themselves any whit relieved by having their adversary to nominate the person that shall judge the cause between him and them But if such Substitute by receiving new informations may change his former judgment so may the Prince hearing the cause himself and being better informed so much the sooner he hoped to change his as he hath no other above him whom he is bound to observe 3. or 3ly The matter must be referred to the arbitrement of an equal number of both parties so many loyal Subjects and so many Rebels but what good issue can be hoped of this 4. or lastly to the arbitrement of some neighbouring State But neither may this State being never without some Interest of its own be thought an impartial Judge Here then I conceive that the concession of the Statist will be that the supreme Governour is to judge in his own cause upon the penalty of the divine revenge and publick infamy if he judge amiss and then how is the same thing unjust in the Superior Governours of the Church especially when as such judgment of their is not valid unless it be of a major part of them § 120 It follows then from what is here said that in these Ecclesiastical Judgments it is not to be considered of what interest or side or how affected these persons are that so if opposit to us we may decline their Tribunal who are by Christ appointed to judge but to what side it is to which the prevalent and major part of them is inclined and so this to be conformed to and any parties appealing to a General Council as hoping from it a justification of their cause is nothing else than the alledging that the major part of Christian Bishops are already or will when met and arguing the case be of their perswasion And for the Appellants when they see the other party in such Council far out-numbers theirs to request or caution this General Council may be composed of an equal number of both sides is in effect to appeale from it and to desire that the Council should not be General § 121 This said from § 114. That Bishops the ordinary Judges in matters of Religion though they should be parties in some sence and in the things to be brought before them already declared in their present judgment on one side yet are not therefore streight to quit the Chair and cease to discharge their office Especially where the points controverted are meerly speculative and abstracted from all secular gain and advantage as many of those decided in Trent were 2. Next 2. to the Protestants Articles and Exceptions made more particularly against the Pope and his Court in respect of which they would have had him at least excluded from being a Judge in in this Council of Trent I answer § 122 1. That he cannot be said to have been the sole Judge in these matters but only to have presided in that Court which was so 1. which he hath done often in former allowed Councils when also he was a Person accused by a Party ‖ See §. 114. For every unweighty accusation is not enough to remove the Judge from the Bench or alter the usual course of Justice § 123 2. Whatever Declaration Sentence or Censure of a Council this supreme Bishop and President thereof in some extraordinary Delinquencies if possible these should happen may be liable to as in case of Heresie or some other incorrigible tyranny or heinous Crimes or also in his neglect when so obnoxious to call a Council c. in which cases some Roman Divines that seem no diminishers of the Popes priviledges do freely allow as much as can rationally be required As if you have the curiosity you may see in these places of Bellarmin both in case of his neglect in calling a Council De Concil l. 1. c. 14. § Ad secundum and when the Council is called in case of Heresie or other incorrigible Crime Ib. c. 9. § Quarta causa where also the Cardinal urgeth the 21. Canon of the 8th General Council Debent Generalia Concilia cognoscere controversias circa Rom. Pontificem exortas De Concil l. 2. c. 19 § Primum exemplum De Rom. Pontif. l. 2. c. 30. Tertia Opinio Or whether it be stated rather that He having no Superior Judge such Enormities are for a time to be suffered in this Ecclesiastical Supreme as the like misdemeanours in Socular matters are tolerated in the Civil till God
remaineth subject unto it that it was never so great nor so soundly rooted Thus he To which may be added the like passage in Mr. Stillingfleet †Rat. Account p. 480. I suppose from this Historians Detractions too confidently followed who tells his Readers That the Pope was still in a bodily Fear till the Council was ended to his mind But then what rejoycing that they had cheated the world so that that which was intended to clip the wings of the Court of Rome had confirmed and advanced the Interest of it § 204 But I suppose it will be sufficient in answer to both to give you the Confessions of the same Soave in the latter end of his History to make appear how untruly these things are said in the beginning For after the Council now ended and a Confirmation desired from the Pope of these its acts the authority of Bishops was found to be so much enlarged by the Council and the former exercise of the Popes Authority though all done with a Salva authoritate Apostolica sedis so much pared the priviledges of the Cardinals and gains of the Court of Rome by the restraints of Appeals of Dispensations of Pluralities of Non-Residence Exemptions Pensions Elections c. so much diminished that the Pope though of himself much inclined to a General Confirmation with his Cardinals and Court is related by Soave to have long time deliberated whether the Articles of Faith only should be accepted and confirmed and those of Reformation rejected or moderated To give you these things rather in his own words which may serve as an Antidote to the former L. 8. p. 814. He saith That the Court understanding that the Pope was resolved for the Confirmation changed their joy into grief and all the Officers complained of the loss they should receive in their Offices if that reformation were executed That Supplications also and Memorials were given to the Pope by those who having bought their Offices and foreseeing this loss demanded Restitution That the Pope having diligently considered hereof deputed eight Cardinals to consult upon the Confirmation and to think upon some remedy for the complaints of the Court. That these Cardinals were almost all of opinion that it was fit they should be moderated before the Confirmation And that it was certain that they who did procure the Council had no aim but to pull down the Popes authority and while the Council did last every one did speak as if It had power to give laws unto him where you see what freedom the Council took At last that satisfied with two speeches the one of Cardinal Amulius the other of Hugo Buon Compagno perswading him and the Court that by dispensing with its acts or giving what interpretations to them he pleased he might provide for his Ministers and Servants and accommodate things to that which might be for the benefit of the Church without violating the Decrees of the Council because in them the Apostolick authority is still reserved the Pope proceeded to confirm them entirely § 205 To verifie some part of which Relation of Soave concerning the reluâ—tance of the Popes Court not without great cause if an eye may be had only to gain I may add what Pallavicino writing but the other day and well acquainted with the present state thereof relates concerning it †That as to Favours and Dispensations Introduct c. 10. formerly granted from the Apostolick See this Council hath so far moderated the use of them that if the Pope will observe these laws the fountain of his beneficence is dried up for one half And that although he hath still a power to dispense with these laws yet the Popes for their Conscience and Honour sake require for the most part such pressing Motives and so rarely happening of doing this that their Concessions in such matters as are prohibited by the Council do not amount to the 20th part of those formerly accustomed And that the same thing also happens * in the Causes primae instantiae as they phrase it that are brought to the Court of Rome And * In those priviledges or exemptions by which many particular persons withdrew themselves from the Jurisdiction of Bishops which was no less than rendring many the immediate Subjects of the Tribunals of the Pope and finally * in all those affairs concerning which the Council grants power to the Bishops that they shall proceed in them as Delegats of the Apostolick See which as to the advancing of the Bishops power amounts to the same as if they dispatched them in their own right without any such formality Thus he And again l. 23. c. 12. n. 5. To Soave †objecting That the leaving the cognition l. 8. p. 792. and termination of several causes to the Bishops Tribunals without any more Appeales to Rome ordered in the 20th Chapter of Reformation Sess 24. was quite destroyed by the exception there added Ab his excipiantur causae quas ex urgenti ration abilique causâ judicaverit summus Romanus Pontifex per speciale Rescriptum Signaturae sanctitatis suae manu propria subscribendum committere aut avocare he answers thus That though the Pope may still call to himself what causes he thinks fit so he passeth this first under his own hand and seal yet that the former faculty of his Officers to call such causes to him though in his name yet without his knowledge or subscription was now ceased by this new Order And That if it be numbred as that is easily counted which is seldom done How many Commissions of this kind are signed by the Pope in a year for the whole Circuite of Christianity if these rise to three or four yearly it is acknowledged very much 〈◊〉 Thus he of the former Income to the Court of Rome much diminished and of the Acts of this Council after the decurrence of an hundred years as to this matter still retaining their primitive vigour publishing these things in that place where in matters so obvious and evident his credit must suffer very much by any falsification But on the other side the Episcopal authority in this Council was so much increased by the Popes and the Councils committing many both persons and affairs before exempt and reserved to their inspection and Government as which Bishops being at a nearer distance could better discern and attend them that the King of Spain said of his That they went to the Council as so many Parish Priests but returned from it so many Popes § 206 Next the Decrees themselves concerning Reformation which in a few hours you may read deliberately over and where especially I would recommend to you the view of those made under Pius and amongst these those chiefly of the 24th Session I say the Decrees themselves do shew the great service which this Council hath done to the Church at that time much relaxed and languishing in its Discipline partly by reason of its non-execution of former necessary Church-Canons
this Council which they had not before Nor varies it any thing in the good service actually done thereby to the Church by what way soever this power descends upon them § 212 To come closer them to the Particulars For. α. Causes and Appeales To α. See the restraint made therein Sess 13. c. 1. Sess 22. c. 1. Nec appellatio executionem hanc quae ad morum correctionem pertinet suspendat And Sess 24. c. 10. Nec in his ubi de visitatione aut morum correctione agitur exemptio aut ulla inhibitio appellatio seu querela etiam ad sedem Apostolicam interposita executionem eorum quae ab his mandata decreta aut judicata fuerint quoque modo impediat aut suspendat Again Sess 21. c. 8 Sess 25. c. 10. The Pope and Council delegate such persons as shall be chosen in the Provincial or Diocesan Synod together with the Ordinary to be supplied if any one of them dies before the next Synod by the Bishop and Chapter to decide these Appeales in the Province or Diocess where such Controversies arise unless they be such as for the weight of them are thought fit to be removed to Rome Sess 24.5 It is ordered That the criminal causes of Bishops except those more heinous ones of Heresie or the like where their ejectment is questioned which are reserved to the Apostolick See are to be terminated either by a Provincial Council or in the interval by its Deputies And Ib. c. 20. Civil Matrimonial Criminal Causes are left to be ended by inferior Tribunals without the intermedling of the Popes legats or Nuncio's herein except those Quas ex urgenti rationabilique causa judicaverit summus Romanus Pontifex per speciale Rescriptum signaturae sanctitatis suae manu propriâ subscribendum committere aut avocare Where ex urgenti rationabilique causâ rescriptum signaturae sanctitatis sua manu propriâ subscribendum a Rescript after the matter is particularly made known to the Pope and upon this his hand and seal obtained cannot be a thing so ordinarily happening as to overthrow the whole benefit of the Decree as Soave would perswade †p. 792. § 13 Next Concerning the forementioned Provincial and Diocesan Synods which were to elect the persons for deciding such Appeales which Synods the Council judged very necessary Moderandis moribus corrigendis excessibus controversiis componendis c. and to which it committed a chief superintendence over the actions of Bishops as to their due execution of its Decrees touching Reformation It is ordered Sess 24. c. 2. That the Provincial Synods be called by the Metropolitan or he justly hindered by the Senior Bishop of the Province at least once every three years after the Octave of Easter or other time if more convenient and a Diocesan once every year In the calling of and meeting in which if any neglected their Duty they incur the Ecclesiastical Censures prescribed by former Canons And those Bishops who are Subject to no Archbishop are obliged to chuse some Province of whose Synods they shall for the future be members and be subjected to its decrees Ordered also that in these Synods not having a constant being certain Deputies be chosen which may in the Intervals determine such Causes and execute such Orders as this Council hath committed to them But mean while as for other causes not thought meet to be intrusted to Delegats nor that conveniently can be so long suspended as till another Provincial Synod sits which for the great trouble and charge of their meeting later Councils upon the experience of former Canons neglected appointed to be held seldomer nor yet is this obeyed it seemed necessary that without expecting these such causes should from the Pope a higher standing Judge receive a present dispatch of which see what is said before § 16. n. 6. and n. 8. And The restoring of Synodal Judicatures i. e. as to all causes saith Soave †p. 336. was rejected by almost all the Fathers of the Council For which he gives a reason after his usual manner the most uncharitable one he could invent That they did this because such Synodal Judicatures did diminish the Episcopal and were too popular The Episcopal he means taken singly in their distinct Courts else the Synodal is nothing else but a conjunct Judicature of Bishops But perhaps some of those reasons given by Castellus for this apud Soave p. 335. may seem more perswasive viz. Beside their being no standing Court and rarely convened the difficulty that was found to inform so many and the impediments in the examination where many are to do it the infinite length in the proceedings and dispatches the parties and divisions therein that are usually made by the factious for which Castellus imagines that Synods came to be in later times more intermitted and other Courts and Officers brought in to remedy such disorders § 214 Mean while Of Appeales of higher consequence received and judged by most holy Popes Antiquity affords many examples See more mentioned before § 13. n. 1. And indeed such a superlative power as to causes of greater moment seems very necessary For 1 st This Prime Patriarch and supreme Governour in the Church being constituted by a more choise Election is presumed ordinarily to be a more knowing person and according to the eminency of his place assisted both with a wiser Council and a greater portion of God's Spirit But 2 ly though he were neither more prudent nor better informed from others in difficult matters nor more assisted from heaven yet must he needs be a less partial judge in such matters because not so interessed in the cause or in the persons as the Metropolitan often must be or also those other Bishops who live upon the place and are subject to the Metropolitans power Now the more remote from all private interest and high in place the Judge is the more even he is likely to hold the scales of Justice and to administer it less sweyed with affection or mastered by fear 3 ly The chief Courts to whom beside the Roman Bishop the termination of Appeales of moment is recommended being Provincial National or General Councils were their Judgments never so satisfactory to all parties though Provincial or National Synods have not been alwaies thought so witness those Affrican ones in the cause of Cecilianus yet are these not alwaies to be had The Provincial Synods much seldomer assembled than the Canons appoint Councils General yet more rare none of them by reason of the trouble of convening fit upon every such Appeale to be called 4 ly Many cases of Appeales are not matters of Fact where witnesses are necessary but questions de jare where the fact is confessed and in such no more plea can be made to have them tryed at home than the Mosaical Legalists of Antioch could justly have demanded not to have this matter decided at Jerusalem or Arius of Alexandria his at Nice As for
the conveniency of hearing witnesses where this necessary in such Appeales it was ordered indeed anciently that whensoever it could safely be done such causes should be arbitrated in the same or some adjoyning Provinces by some Judges either sent thither or there delegated by the Patriarch of which the Seventh Canon of Sardica seems to take special care or at least that Commissioners might be sent to examin witnesses at home in the non observance of which Canons perhaps some Roman Bishops may have been culpable and caused some affliction to the Churches Subjects But yet other exigences may occur every cause not being sit to be decided by Delegates that require the trial to be before the Pope's own person to which greater necessities the trouble caused to witnesses must give place which trials at Rome are also allowed by the Council of Sardica c. 4. And we have no reason to think but that this grave Assembly at Sardica weighed the troubles of such Appeales as well as the Affricans did afterward or we now but thought fit to admit smaller inconveniences to avoid greater mischiefs namely in the Intervals of Councils Schisms and Divisions between Provincial and between National Churches by the Church her having thus so many supremes terminating all spiritual causes within themselves as there were Provinces or Countries Christian 5 ly If this Avocation to the supreme be now done without the Method sometimes used of ascending by degrees through many subordinat Courts this when such Courts have not a cogent power for terminating the Cause seems only a shortning both of the trouble and charge § 215 To β Dispensations See Sess 25. c. 18. where in General Provision is made by the Council That Si urgens justaque To β. ratio major quandoque utilitas postulaverint cum aliquibus dispensandum esse id causâ cognita ac summâ maturitate atque gratis à quibuscunque ad quos dispensatio pertinebit erit praestandum aliterque facta dispensatio surreptitia censeatur This Dispensation then by whomsoever given is to be made gratis otherwise to be held surreptitious and the cognition of this surreption is referred to the Ordinary Sess 22. c. 5. Again ordered Sess 22. c. 5. That no Dispensations of Grace obtained at Rome shall take effect except first examined by the Bishop of the place whether obtained justly and upon a right information Again Sess 24. c. 6. Bishops are impowred to dispense with their Subjects in foro conscientiae in all irregularities and suspensions for secret offences except voluntary murther c. and to absolve in all cases occult that are reserved to the See Apostolick Of which and other the like relaxations in this Council of their former restraints what the issue hath been in the Court of Rome see what is quoted before †out of Pallavic Introduction c. 10. § 216 Mean while as the same Council hath observed Sess 25. c. 18. it seems necessary 1 That laws be not so enacted as to leave in the hands of no person a power of Dispensations 2 And again necessary That this power of Dispensing be not as to matters more important left alwaies in the hands of Inferior Magistrates especially those living upon the place and therefore more liable to be sweyed by friendships importunity fear and over-awing this last requisite that the obligation of laws by the facility of dispensing be not quite dissolved the first that the law too rigidly exacted may not sometimes oppress And what Civil Government is there that by its retaining a Dispensative power as to their temporal laws in the hand of the supreme Magistrate doth not amply justifie the Ecclesiastick herein § 217 Such a Dispensative power therefore from antient times hath been thought fit to be deposited in the chief Bishop of the Christian Universs and from him such Dispensations and relaxations to be received as necessity requires Such was that conceded by S. Gregory l. 12. Ep. 31. to the English upon the hazzard of their deserting the new-founded Christianity concerning Marriages for a time in some degrees prohibited by the Canons of the Church and that to the Sicilian Bishops who could not be brought to do more concerning holding a Provincial Council once a year when the Canons required twice Before him such that conceded by Gelasius in Ep. to the Bishops in Italy complaining to him that many of their Churches by the Gothick wars were rendred destitute of a Clergy in which he relaxed several things required by the former Canons to Ordinations c. after he had made this Presace Necessaria rerum dispensatione constringimur sic Canonum paternorum decreta librare retro Praesulum decessorumque nostrorum praecepta metiri ut quae praesentium necessitas temporum restaurandis Ecclesiis relaxanda deposcit quantum potest fieri temperemus Igitur tam instituendi quam promovendi clericalis obsequii sic spatia dispensanda concedimus c. Before him by Simplician Epistle 14. to the Emperor Zeno in which he allowed the election of the Bishop of Antioch made for preventing a sedition at Constantinople contrary to the Fourth Nicen Canon And before him by Celestine †Socrat. Hist l. 7. c. 39.40 allowing by his Letters sent to the Bishop of Alexandria and Antioch the Election of Proclus who was before the designed Bishop of Cyzicum to be Bishop of Constantinople procured by the Emperor Theodosius for preventing some Tumults where the Pope either dispensed with †See Conc. Antioch c. 2. or more indulgently expounded some former Church Canons that seemed to have prohibited all Translation of Bishops To γ. See the answer to κ. § 218 To δ. Pensions reserved by the Pope out of some richer Ecclesiastical Benefices To δ. as rewards of persons much meriting in the Churches service It seemed hard To δ. suppose it could have been justly done to deprive the Pope of them whilst Secular Princes would still retain them and were much displeased when in the Articles provided for Reformation of Princes †Mentioned in Soave p. 769. such things were demanded of themselves as they would have redressed in others yet the Council thus far moderated this matter That those Bishopricks or Benefices of a smaller Revenue not amounting to above such a certain summe yearly should not be for the future charged with any such Pensions Sess 24. c. 13. And for the rest since all Pensions could not be voided which perhaps had been best yet may it seem as equitable That the Ecclesiastick Governours do continue to make use of them for recompensing persons of extraordinary merit in the Church as Princes those in the State Especially when the Council hath provided that they be taken from no Church but where such an overplus may be spared and that Revenue only applied to maintain two which indeed is superfluous for one § 219 To ε. The like much-what may be said of Monasteries To ε. or other Ecclesiastical Benefices with or
of these though much more tedious and painful For the greater benefit both of those within and those without the Churches Communion that her children might more exactly know all those noxious Tenents they were to avoid and her adversaries those they were to reform And if in taking this second way the Council escaped not obloquy yet much more had they incurred it in taking the firsti e. in condemning so many Persons and their writings for many Corruptions of Catholick Truths and then naming none or a few and not using so much care in sifting the Novelties of Luther who drew such a train after him as their Predecessors at Coustance did in those of Jo. Wicleff or Jo Huss Neither in so particular a Discussion and Censure of the Lutheran Doctrines § 267 is this Council destitute of the Example of many former Councils very copious in their Anathemas against Heresies of a much less latitude and in some matters as considered in themselves seeming of no great Malignity For which see no less than twelve Anathemas of the third General Council passed against Nestorius according to the several Particulars whereinto his Error had brâ—â—ched it self and colours he had laid upon it though all pointing at one thing two persons in our Lord Christ a thing Soave saith ‖ p. 192. the Council of Trent took notice of and set before them as a Pattern See the 25 Anathemas of the Syrmian Council all relating to several branches of Photinianisme The eight Anathematismes of the Milevitan Council pursuing all the particular points of Pelagianisme The eleven Anathemas of the second Nâ—cen Council ‖ Act 7. †all about veneration of Images The twenty Anathematismes of that ancient Council at Gangra A. D. 319. wherein the famous Hosius was present pronounced against the Eustathians letting nothing how small soever it might seem to be in this their censure pass unbranded wherein this Sect was found to oppose the Churches common Doctrine and Practice Many of which Anathemas of former Councils if you please to compare with those of Trent you shall find several of them as to the Gravity of the matter much inferiour Lastly see the late Council at Constance condemning not only 45 propositions of John Wicliff recited there †Sess 8. but 260 more besides of the same temper All which had been formerly with much care by the Vniversity of Oxford gleaned out of his writings they bringing under their censure not only such Articles as were Blasphemi Haeretici or Sediosi but also as were temerarii scandalosi or piarum aurium offensivi and letting none escape them that might do hurt In the same Council also afterward †Sess 15. were no less than 30 propositions of John Huss condemned Now we may presume that Luther and his Followers to those who put their sickle into their books to bring to tryal what seemed faults could not but yield an harvest much more fertile Nor was the care here to be less where the danger was much greater And for this strict Inquisition and search made by Councils we owe great thanks to the providence of God For thus whilst the wantonness and curiosity of mens understanding from the Faith delivered in General still descends to things more particular and so raiseth new Disputes in the Church and spreads false opinions the contrary Determinations of Councils regulated by necessary Consequences render also the Christian Faith from time to time more particular and so more exact and less liable to the corrupted when all that in question comes to be stated that is clearly evidenced and the knowledge thereof any way useful So since the settling by Council of those particular points contained in the Athanasian Creed explicating that of the Apostles much more short and General the Church as to these points hath enjoyed a great repose and freedom from those disputes with which some ages of it before were miserably distracted And if the Decrees of the Council of Trent have had the same effect as Soave complains they have in the beginning of his History †p. 1 2. the Protestants may impute it to their precedent questioning of the Churches Doctrine and disturbance of her peace § 268 To ω. To ω See what is said before § 244. Bene facere male audire is the common fortune of Governours and to the censorious and male contents the world is still out of order though God himself Governs it and the worst times are alwaies the present Whether the Trent Decrees for Reformation which were never so numerous in any Council and design'd from the beginning of it to have an half share with points of Doctrine in all their Consultations and in the composition of which so many several Parties well seen at least in one anothers Defects concurred were so contrived as to remove motes and not beams to cure itches not feavours I must refer you to the re-consideration of the particulars set down before from § 212. Neither may we think that it was the meddling with moâ—es that offended so much either the Court of Rome or of France as Soave tells us their reformation did For any defects still seen in Church-Government Discipline c which alwaies are and will be many it ought not to be charged on these laws but the non execution of them which neglect also useth to be much more in those laws that are more exact and perfect and so more contrary to common practice But since the sitting of this Council there have not wanted those pious Bishops as S. Carlo Borremeo and others who molding their Reformations exactly according to these Decrees have manifested to the world the great perfection thereof § 269 To α α. To α α. See what hath been said in Defence of this Dispensative Power placed in the supreme Ecclesiastical Governour before § 216. 1. The Council weighing the conveniences thereof with the inconveniences yet declared †Sess 25. De Reform Gen. c. 18. Publice expedit legis vinculum quandoque relaxare ut plenius evenientibus casibus necessitatibus pro communi utilitate satissiat Else the laws may sometimes hurt where they should help 2. Again this Dispensative Power deposed in this Ecclesiastical Supreme is no new usurpation but an ancient priviledge injoyed alwaies by him Of which see before § 217. 3. Next It had here some qualifications and clogs laid upon it by the Council As †See before §. 215. that such Dispensation shall be accounted surreptitious and void when not given gratis and causâ prius cognitâ the Ordinary being constituted the Inspector and Examiner of this †Sess 25. c. 18. Now he must be very perversly wicked who will issue forth such a Dispensation where he neither receives benefit by it nor sees just cause for it 4. Lastly The same Dispensative Power as to the civil Laws is reposed in the Secular Supreme neither is the vigor of such Laws esteemed to be
whilst it is thus obeyed it only not he that sheweth it unto us is obeyed And if this were all the obedience that I owe unto others I were no more bound to believe or obey any other man than he is bound to obey or believe me The Flock no more bound to obey the Pastors than the Pastors them Yet certainly God who hath set Kingdoms in order is not the Author of such confusion in the spiritual regiment of his Church Thus Doctor Jackson tying all to obedience or submission to the judgment of their spiritual Guides save only those who are certain of a formal contradiction between God's Laws and their Injunctions To this may be added that much noted place of Mr. Hooker in his Preface to Ecclesiastical Policy §. 295. n. 4. § 6. commenting there on Deuteron 17.8 c. where it is said ver 11. According to the sentence of the law which they shall teach thee and according to the judgment which they shall tell thee thou shalt do thou shalt not decline from the sentence which they shall shew thee to the right hand nor to the left God was not ignorant saith he that the Priests and Judges whose sentence in matters of controversie he ordained should stand both might and oftentimes would be deceived in their judgment However better it was in the eye of his understanding that sometimes an erroneous sentence definitive should prevail till the same authority perceiving such oversight might afterwards correct or reverse it than that strifes should have respit to grow and not come speedily to some end And here he answers the objection that men must do nothing against conscience saying Neither wish we that men should do any thing which in their hearts they are perswaded they ought not to do But we say this perswasion ought to be fully settled in their hearts that in litigious and controverted causes of such quality the will of God is to have them to do whatsoever the sentence of judicial and final decision shall determine yea though it seem in their private opinion i. e. according to their own reason and arguments drawn à parte rei to swerve utterly from that which is right as no doubt many times the sentence amongst the Jews did unto one or other part contending And yet in this case God did then allow them to do that which in their private judgment seemed ' yea and perhaps truly seemed that the law did disallow For if God be not the Author of confusion but of peace c And again Not that I judge it a thing allowable for men to observe these laws which in their hearts they are stedfastly perswaded to be against the law of God But their perswasion in this case i. e. where their Superiors have determined otherwise they are bound for the time i. e. till the same Authority reverse it and release them to suspend c. unless they have an infallible Demonstration Thus he Where you see he grounds their yielding to Authority and changing their former perswasion upon an non-certainty of such perswasion As for his limited expression before in litigious and controverted causes of such quality whatever he meaneth thereby the Commission and Injunction Deut. 17. extends to all litigious and controverted causes whatsoever As also it is more clearly drawn 2 Chron. 19.5 8 10 11. Where it runs What cause soever shall come to you of your brethren between blood and blood between law and commandment statutes and judgments ye shall c. And note also that the command Deut 17.10 Thou shalt observe to do according to all that they inform thee requires not only a passive willingly paying mulcts or undergoing punishments but active obedience Again an active obedience not only in doing something thought by me lawful but to which I think I am not obliged but in doing also of something where the lawfulness of it is questioned by me which thing also here by the text I am to do if they command me And therefore after such Injunction I ought to alter my former perswasion concerning it and to believe either that in general it is lawful to be done or at least lawful to be done by me not certain of the contrary rebus sic stantibus and such sentence past § 296 To all these testimonies concerning the obligation which illiterat and ignorant or also though learned after much examination doubting and unsatisfied persons have to submit their judgment to Church-Authority I may add the apparent mischiefs which follow the contrary observed amongst Protestants neglecting this duty from the beginning of the Reformation Luther himself much lamenting the divisions he saw among his Disciples even in his own daies Ego saith he †Prefat comeut in Galat. qui jam sum in ministerio Christi viginti annis quanquam nihil sum vere possum testari me plus quam viginti sectis esse petitum c. And in Gen. c. 6. published not long before his death Quantum sectarum excitavit Satan nobis viventibus Quid futurum est nobis mortuis Profecto tota agmina Sacramentariorum Anabaptistarum Antinomorum Servetianorum Campanistarum c. And himself also is much noted for his varying from himself in his opinions often changed But still these divisions are more apparent in the longer course of his Schisme which daily multiplies and brancheth its self into more and more clefts and sects and some of them most gross and ridiculous and for which it is hard to find names and which their forsaken Leaders are much ashamed of whilst the Plebeians will neither study truth themselves nor follow the learned The mistakes of these persons in such high and Divine matters being greater as their science less and their opinions since weakly grounded floating and unconstant and from the usually prevailing interests of the flesh inclined to liberty and sensuality § 297 Of which Divisions Grotius in several of his writings sadly complains as caused by this that they will pitch upon no Superior and common authority by which they will be content to be guided and regulated in their Faith Protestantes saith he in his last reply to Rivet †Apolog. Discussio p. 255. nullo inter se communi ecclesiastico regimine sociantur quae causae sunt Cur factae partes in unam Protestantium corpus colligi nequeant immo cur Partes aliae atque aliae sint exurrecturae And in the Preface to his Votum pro Pace speaking of their primitive Dissentments Confessiones saith he factae sunt variis in locis variae atque inter se pugnantes non modo quae factae erant partes non potuere unquam inter se coalescere sed novae quotidie exortae sunt particulae tot ut nemo sit qui earum inire possit numerum ut faecunda est ista seges unoquoque sibi licere credente quod alius ante usurpavit credibile est novas quotidie extituras A presage at this time