Bishops of France p. 8. that this Kingdom hath always made to submit to it and to several other Regulations about Discipline as being found contrary to the Liberties of this Church which the Kings the Clergy and the Parliaments of France have always so carefully preserved These Gentlemen are then persuaded that the Council of Trent hath in this point wronged the Bishops But one cannot commit a Wrong without Injustice nor do an Injustice without Error Whence it follows that it is not to be denied by these Gentlemen but that according to them the Council hath erred Yet still say they it is but an Error in Discipline And still they must give me leave to tell them that this reply is nothing but a meer illusion For it is a real Point of Doctrine to know how far the Rights of Bishops do or do not extend It is a clear Case that all the Grievances the Bishops complain of depend upon the question Whether Bishops were instituted by Jesus Christ and are the Apostles Successors For if Bishops are by Divine Right and not of Papal Institution it is manifest that the Pope cannot deprive them of a power he did not give them nor can so much as lessen that power If a Bishop does jure divino watch over the conduct of those of his Diocess there is no man that by any right can take a part of his Flock from him or forbid him to execute his Pastoral Charge in any instance for no man hath power to alter what God hath established On the contrary if the Pope hath conferred upon Bishops all the Authority they have he may revoke lessen or enlarge it at his pleasure nor could the Bishops then have any cause to complain for he may make use of his just right and power If the Pope be absolute Master of the Church and Bishops but his Substitutes he may proceed judicially against them as he thinks most fit by a Synod by Commissaries or by himself And the Bishops know it very well for the Spanish Bishops who stickled so much in the Council that the Residence and Institution of Bishops might be declared to be jure divino had no other end in it but to strengthen the Episcopal Dignity and shake off the Papal Yoke that oppressed them The Authors of those Writings that have made so much noise in the world about the affair of Signatures are likewise perfectly convinced of this truth For speaking of the wrongs done to Bishops by the Court of Rome they tell us that the Popes Ministers take delight to shew in Act and by Example what the Roman Doctors teach in their Books Circular Letter of the four Bishops p. 15. That the Pope is the absolute Master and Sovereign of the Church That Bishops are but his Vicars holding all their power from him That he either does or does not hearken to them as he thinks fit That if he makes answer when they consult him he does them grace and favour but does them no wrong if he refuse to answer To this erroneous and false opinion of the Doctors Partisans of the Court of Rome they oppose the pure truth of the Gospel that is Page 14. That all Bishops do succeed to the Apostles That the Pope by Divine Right is their Head and Superiour but not the sole Bishop That they derive their power from Christ himself That it is the Holy Ghost that hath set them over the Flock that the Great Shepherd hath acquired by his bloud that each might govern as his Vicar that portion that falls to his lot c. that they are so inferiour to the Pope as to be yet his Brethren and Collegues in that only Episcopat of which each of them holds an intire part according to the Fathers This is truly the state of the Question and can this be thought to be a mere matter of Discipline Or can it be other than a Point of Doctrine When the French and Spaniards did so mightily insist in the Council to have it declared that Bishops are not the Popes Vicars nor set up by him but established by Christ and when on the other side the Partisans of the Court of Rome opposed this design with so much violence every where preaching up the Pope to be the sole Bishop that the Ordinaries are but a succession of Commissaries holding all their Authority from the Holy See was this Controversie considered by the two Parties as a matter of Discipline Was it not considered in the Examen of the Sacrament of Orders which is a Point of Doctrine And not touched in the Chapters of Reformation to which was referred all that concerned Discipline The Bishops could not prevail to have it declared that their Order is by Divine Right but at least they hindred that no Decree was made for declaring them only the Popes Vicars Yet that is of no great service to them for in all the Decrees of the Council they are still treated as the Popes Vicars And it must needs be acknowledged that the Council in declaring that the Pope hath power to abridge the Authority of Bishops to hinder their Episcopal Functions to try them in Person or by his Commissaries hath sufficiently declared them to be no more than his Vicars So we have another Point of Doctrine wherein two thirds of Europe agree that the Council of Trent hath erred That the People ought to have part in Canonical Elections that herein also the Council of Trent hath erred by the Confession of many Roman Catholicks I go on to Canonical Elections Those persons that within thirty or forty years past have made themselves so much talked of in the World for that extraordinary appearance of zeal to restore the ancient lustre of the Church those persons I say do consider this matter of Canonical Elections as a Point of highest importance They lament that favour interest and birth are the only steps that raise to Ecclesiastical Dignities and that the custom of elevating to Prelacy by Election and Canonical ways those who are most worthy of it is now no more in use They complain of it with much grief and know not how to forgive the memory of Chancellour du Prat who is accused to have abolished the Pragmatick Sanction First Dialogue of the Parishioners of Sr. Hil. du Mont. p. 10. that is as they express it The pure observation of the ancient Canons in the Church of France and to have made the Concordat of Francis I. with Leo X. which ruined the Apostolical Discipline in France abolished Canonical Elections and subjected the Church of France to a deplorable servitude They tell us in the marginal refutations of M. d' Ambrun's Petition to the King Page 10. that in several Parish Churches there have been for a long time Publick Prayers to God for the abolishing the Concordat and the re-establishing Canonical Elections We must not say these Gentlemen have reason lest it give offence for if
England writes against Luther p. 9. Shakes off the Pope's Authority without any innovation in Religion p. 39 Is excommunicated by Pope Paul III. p. 47 Henry II. King of France succeeds to Francis I. p. 167 He clashes with the Pope and sends not his Prelates to the Council p. 193 Causes Amiot his Ambassadour to protest against the Council p. 198 Then publishes a Manifesto against the Pope p. 200 Does all that lies in his Power to ruine the Protestants in his Kingdom p. 278 His death p. 279 Herman Archbishop of Cologne is excommunicated by the Pope and obliged to resign his Archbishoprick p. 90 Of the Hierarchy of the Church p. 405 I. IAmes Lainez General of the Jesuits creates no small trouble to the Council about Precedence p. 377 His Speech against the Divine Right of Episcopacy and what it produced p. 426 Another Discourse of his in favour of the Court of Rome p. 529 The Imperialists leave the City of Rome p. 28 Indices Expurgatorii and their Original p. 313 The Inquisition setled at Naples and causes a great Sedition p. 170 The Intention of the Priest in administring the Sacraments according to the Judgment of Ambrosio Cararino p. 151 The Interim made by the Emperour at the Diet of Ausburg p. 176 Much opposition made to the Establishment of it p. 179 Interviews betwixt the Emperour and the Pope the first the second 37. the third p. 44 An Interview of the Pope Emperour and King of France p. 47 A fourth Interview betwixt the Pope and the Emperour p. 52 A fifth p. 53 Julius II. Excommunicated Lewis XII King of France p. 2 He dies ibid. Julius III. formerly named John Maria di Monte succeeds to Paul III. p. 182 He clashes with the King of France p. 193 Sends into France Ascamo della Corna his Nephew to hinder the King from protecting the Duke of Parma and from calling a national Council p. 195 At one dash creates fourteen Italian Cardinals p. 232 His Death and Successour p. 257 The Jurisdiction of Bishops is the matter as to Reformation for the thirteenth Session p. 201 The Jurisdiction of the Tribunals of the Church their Original and Progress p. 206 Gropper votes for its abolition p. 210 Divers Regulations concerning Episcopal Jurisdiction p. 225 Justification and Imputed Righteousness p. 121 K. KAtherine of Medicis Queen Regent of France assembles the States at Orleans p. 291 Her designs for Reformation p. 299 and 312 L. LAinez v. James Lainez The Landgrave of Hesse attempts an Agreement betwixt Luther and Zuinglius but without Success p. 30 Is made Prisoner by the Emperour p. 169 The Legates complain that there appeared Division in the very Session and pretend to enter upon business p. 76 Oppose the beginning with Reformation p. 78 Make a Translation of the Council upon Pretext of bad Air. p. 164 Propose the Decree of the Reformation of Princes and the Ambassadours oppose it p. 546 The more they press the mater the greater noise it makes p. 553 The Protestation of the French Ambassadours against that Decree p. 556 The Legates press the Conclusion of the Council p. 572 Leo. X. created Pope and his Character p. 2 Causes Indulgences to be published in Germany by the advice of Cardinal Santiquatro and gives a great part of the profit of them to his Sister p. 3 Publishes a Bull for the Indulgences p. 6 Thunders a Bull against Luther and his Doctrine p. 7 Lewis XII King of France excommunicated by Pope Julius II. p. 2 Forms a Party against Julius II. and gets the Cardinals to assemble at Pisa for Election of another Pope ibid. Lewis d'Avila sent by the Emperour to Rome to solicite the Re-establishment of the Council p. 183 Luigi di Catanea and Dominico à Soto differ about the Point of Grace p. 128 Luther publishes Theses against the Doctrine of Indulgences which are answered by other Theses set out by John setzel a Jacobin who caused the Theses of Luther to he burnt p. 5 He is cited to appear at Ausburg before Cardinal Cajetan p. 6 Has two Conferences with the Cardinal without success and appeals to a Council ibid. He burns the Pope's Bull and Book of Decretals p. 8 Is cited to Wormes before the Emperour Charles V. ibid. But would neither recant nor condemn his Doctrine p. 9 An Edict past against him at Wormes ibid. Confirmed by a Decree at Ratisbonne p. 18 Abstracts are made of Lutheran Writings p. 145 M. THE Malecontents pass a severe censure vpon the Decrees of the Council p. 141 Mantua chosen by Paul III. for the place of holding the Council p. 44 The Cardinal of Mantua Legate dies at Trent p. 486 Marcello II. created Pope will not change his Name according to the Custom of other Popes and whence what Custom hath arisen p. 257 His Character and death that happened by an Apoplexy two and twenty days after his Exaltation p. 258 Marriage is reduced to eight Articles p. 473 Decrees and Canons are formed concerning that matter p. 544 Clandestine Marriages occasion fresh Debates p. 548 Mary succeeds her Brother Edward to the Crown of England and restores the Catholick Religion p. 252 She is rigorous against the Protestants p. 256 Her death p. 274 Marinier a Carmelite is not of opinion that Traditions should be made a Point of Faith p. 83 Will have the Name of Justifying Faith onely giv'n to that which works by Charity p. 117 Defends with Ambrosio Catarino the opinion that one may be certain of being in the State of Grace p. 123 Mass v. Sacrifice Maurice invested by the Emperour in the Electorate of Saxony whereof his Cousin Frederick had been dispossessed p. 171 Takes up Arms for the Liberty of Germany and of Religion p. 243 Maximilian King of Bohemia and of the Romans suspected of Lutheranism p. 286 Melancthon named with Bucer and Pistorius to speak for the Protestants p. 50 Is one of twelve who were opposed to a like number of Catholick Doctours in the Conference of Wormes p. 273 Mendicant Friars raise a great Debate upon occasion of Preaching and the Pulpits which they had seized p. 91 Misunderstanding betwixt the Pope and the Council and amongst the Fathers of the Council themselves p. 337 Morone Cardinal Legate in Spain under Julius III. p. 257 Is appointed first President of the Council by Pius IV. p. 489 Comes to Trent and went to the Emperour at Inspruck p. 448 Returns to the Council p. 506 N. NAvagiero Cardinal named Legate for presiding in the Council arrives at Trent with orders to endeavour a strict Reformation p. 502 Naumburg a Town of upper Saxony where the Protestant Princes held an Assembly p. 293 Nuncio's ill received by the Protestants in Germany p. 244 Nuremberg the Place of the Diet where the Hundred Grievances were presented p. 17 O. OCtavio Farnese Duke of Parma General of the Pope's Forces p. 111 Offerings and Oblations in what manner they may be permitted p. 154 Opinions about
and Tyranny could make use of What then had been done or rather what had not been done if as the Protestants desired the Pope's Authority had been directly struck at and the subversion of his Grandeur openly attempted If the Council of Trent had but only offered at what was actually done by the Council of Constance that is the declaring of the Pope to be subject to the Council the Court of Rome would rather have set all Christendom in confusion that have suffer'd it The Presidents had express Orders if that Point came at all into question immediately to break up the Council and return to Rome reason 7 7. Seventh cause of Rejection The Council of Trent hath erred even by the Confession oâ— those that would have us submit to it But I would very fain know why we should be obliged to receive the Decisions of the Council of Trent since the Roman Church her self does not receive them Why should it be expected from us that we should look upon this Council as Infallible when thousands of the Roman Communion do believe that the Council hath de facto erred and in consequence of that Belief do refuse to submit to it and daily reject its Canons This last reason for our rejecting that Council is indeed of high importance we shall therefore enlarge a little upon it and evidently make it appear that those that would exact of us a Submission to this Council have themselves no regard to its Authority and that upon the score of its having erred I shall not press upon the Council for having forbid Non-Residence under grievous Penalties which yet is now universally connived at for having forbidden Pluralities and yet there are now no Eminent Prelats but are guilty of it for having forbidden to give Dispensations but in Cases of great moment and yet now at Rome they are denied to none but to such as want Mony that matter of mighty moment for which only they are granted For I very well know that to these and to a hundred other particulars in which I could instance it will presently be replyed that they are Corruptions indeed but that those Corruptions indeed but that those Corruptions do not hinder the Decrees of the Council from being just and good And the Popes Flatterers will add that he is not bound by the Decrees of the Council but has Power to dispence with the Canons when he thinks fit But I speak of Decrees made by this Council and rejected by an infinite number of People Decrees that never were suffered to take place in France after all the endeavors of the Court of Rome The French Kings their Parliaments and Bishops dislike several things in the Decrees of this Council Reasons why the Council of Trent is not received in France 1. That the Council hath done and suffered many things that suppose and confirm a Superiority of the Pope over Councils 2. That it hath confirmed the Papal Encroachments upon Ordinaries Ses 2. Res. c. 8. by Exemption of Chapters and Privileges of Regulars who are both withdrawn from Episcopal Jurisdiction 3. That it hath not restored to the Bishops certain Functions appertaining to their Office and taken from them otherwise than to execute them as Delegates of the See of Rome 4. That it hath infringed the Privileges of Bishops of being judged by their Metropolitan and the Bishops of the Province by permitting a Removal of great Causes to Rome and giving Power to the Pope to name Commissioners to judg the Accused Bishop 5. That it hath declared that neither Princes Magistrates nor People are to be consulted in the placing and setling of Bishops 6. That it hath empowered Bishops to proceed in their Jurisdictions by Civil Pains by Imprisonment and by Seisure of Temporalties 7. That it hath made Bishops the Executors of all Donations for Pious Uses 8. That it hath given them a superintendency over Hospitals Colleges and Fraternities with Power of disposing their Goods and Revenues notwithstanding that those matters had been always managed by Lay-men 9. That it hath ordained that Bishops shall have the examining of all Notaries Royal and Imperial with Power to deprive or suspend notwithstanding any Opposition or Appeal 10. That it hath given Power to Bishops with consent of two Members of their Chapter and of two of their Clergy to take and retrench part of the Revenue of Hospitals nay to take away Feodal Tithes belonging to Lay-men 11. That it hath made Bishops the Masters of Foundations of Piety as Churches Chappels and Hospitals so as that those that have the care and Government of them are obliged to be accomptable to the Bishops 12. That in confirming Ecclesiastical Exemptions it hath wholly ascribed to the Pope and the Spiritual Judges all Power of judging the Causes of accused Bishops as if Sovereign Princes had lost the Right they have over their Subjects as soon as they became Ecclesiasticks 13. That it hath empowered the Ordinaries and Judges Ecclesiastical in quality of Delegates of the Holy See to enquire of the Right and Possession of Lay-Patronages and to quash and annul them if they were not of great necessity and well founded 14. That in prohibiting Duels it had declared that such Emperor King or Prince as should shew favour to Duelling should therefore be Excommunicated and deprived of the Seignory of the Place holding of the Church where the Duel was sought 15. That it hath permitted the Mendicant Fryars to possess Immoveables 16. That it hath ordained an Establishment of Judges it calls Apostolick in all Dioceses with Power to judg of Spiritual and Ecclesiastical matters in prejudice of the Ordinaries 17. That it hath declared that Matrimonial Causes are of the Churches Jurisdiction 18. That it hath enjoyned Kings and Princes to leave Ecclesiasticks the free and intire Possession of the Jurisdiction granted them by the Holy Canons and General Councils that is to say Usurped by the Clergy over the Civil Power These are the principal Points disputed in France Those that tend to the diminution of the Authority and Privileges of Bishops to enlarge the Roman Power are rejected by the Bishops and those that would extend the Power of Bishops to the prejudice of the Civil Authority are rejected by the Parliaments Between both this Council as enacting contrary to the Rights and Liberties of the Gallican Church was never at all received in France so as to obtain the force of a Law Why then should that Assembly give Law to us Protestants that is rejected by so great a part of the Church of Rome If it hath not erred why do Roman Catholicks as they will be termed refuse to receive it And if it hath erred what reason is there to press us to receive it I know what is answered to this that matters of Faith and of Discipline must be distinguished that the Council did not nor could not err in matters of Faith and Doctrine and that it was only mistaken in points
all the Divines within their Jurisdiction the Bishop of Constance sent thither James le Fevre his great Vicar who was after Bishop of Vienna This man did what lay in his Power to break up the Assembly and to obstruct all Debates about matters of Religion Zuinglius persisted and in fine the Assembly being dissolved the Senate made an order that the Doctrine of the reformed Religion should be preached with full liberty This so sudden and violent growth of the Distemper made all People wish for a general Council as the onely remedy for restoring peace and tranquillity to the Church The Princes desired it in hopes by that means to provide against the Usurpations of the Priests and Bishops who daily invaded the Estates of Seculars the People longed for it for the reformation of the manners of the Clergy which were horribly corrupted the See of Rome seemed to desire it to support its tottering Authority but Luther and his Adherents protested from the beginning that they would not submit to it unless it were free and the Controversies decided onely by the word of God The Pope dreaded this remedy worse than the Disease he apprehended an Assembly where his Authority might be struck at and those Abuses reformed from which the Court of Rome reaped so much profit besides all this he was at a stand about the choice of the place he would with all his heart have held the Council either at Rome or in any other Town of the Ecclesiastick state where he might have been absolute Master but he foresaw that this design must meet with great opposition however his death which happened about the latter end of the year 1521 put an end to all his perplexities ADRIAN VI. After the death of Leo X. Adaian VI. is chosen in his place On the Ninth of January 1522 Adrian born in Utrecht was chosen in his place this Election was somewhat rare because Adrian at that time was absent from Rome and himself not so much as known there he was then in Biscaye and at Victoria received the News of his promotion but arrived in Rome about the end of August the same year Adrian was reckoned an honest and well meaning man P. Adrian desires to reform the Church that did not approve the disorders year 1522 of the Court of Rome he looked upon the Doctrine of Luther as foolish and stupid not thinking it capable to make any great progress but that those who had embraced that party had onely done it to be revenged of the Clergy for the oppression they suffered from them and for the aversion they had to the manners of the Church-men so that purposing by all means to pacifie these troubles he took a resolution of reforming the Court of Rome As for the Doctrine he was onely of opinion to give some Explanations concerning the Efficacy of Indulgences declaring that that Efficacy depends upon the works of those that receive the Indulgences so that they who neglect or perform amiss the works imposed upon them receive no benefit from the Indulgences but in proportion to their works Cardinal Cajetan a man consummated in School Divinity was at the bottom of the same Judgment with Adrian but he told him however that that Doctrine was not to be divulged because it would extinguish the Zeal that People had for Indulgences and lessen the Authority of the Pope for said he if once the People be perswaded that the Efficacy of Indulgences depends upon their own good works they will look upon themselves as the cause of the benefit they reap from them and set light by the Pope and the present that he makes them and farther they will easily be induced to believe that their good works alone are sufficient to procure them a full remission if they be allowed to think that the Efficacy of Indulgences depends upon their good works These reasons did preponderate with Adrian insomuch that he joyned in opinion with the Cardinal who thought fit that the rigour of the ancient penitential Canons should be revived that thereby the Necessity of Indulgences might appear because when Sinners should see themselves obnoxious to twenty or thirty years Penance according to the Canons they would then easily acknowledge the absolute Necessity of Indulgences to ease them from such severe pains but the Congregation appointed by the Pope to enquire into that affair could not digest that resolution and Laurence Pucci Cardinal of Santiquatro powerfully withstood it But he could not succeed in the design of that Reformation Adrian in the mean while did not wholly lay aside the design of reformation he sent for John Peter Caraffa Archbishop of Chieti and Marcel Cazel Bishop of Cajeta that he might have the assistance of their Councils because both were held in great reputation for probity and knowledge in the Discipline of the Church He was minded to have abolished the use of Dispensations and to have cut off every thing that looked like Simony but when he came to cast about for the means of effecting this he found himself in great Perplexity At length Francis Soderin Cardinal of Volterre put a stop to all these specious designs of reformation He told the Pope that that was the way to puff up the Lutheran party that it would be a great blow to the Authority of the Church by a reformation to confess her possibility of erring that Hereticks would from thence draw great advantages and that the holy See would by that means lose all its credit in the minds of the People he concluded that Croisades were the onely expedient to root out growing Heresies which he confirmed by the Instance of that great success obtained by Innocent III. in the ruine of the Albigenses by the way of force Adrian yeilded to his reasons seeing he could doe no more but sigh in secret for the Disorders which he could not remedy publickly In the mean while he sent Francis Cherigat Bishop of Fabriano to the Diet at Nuremberg he wrote to the Princes Adrian sends a Letter into Germany confessing that the Church and Court of Rome are corrupted and particularly to the Duke of Saxony exhorting them to extirpate the Lutherans by Fire and Sword He confessed to them that there were great abused in the Court of Rome and that the original of all the Mischief came from thence promising to remedy it and in the first Place to reform the holy See in imitation of our Lord Jesus Christ who in reforming of Jerusalem began at the Temple out of which he drove the Merchants and Money-changers but he excused himself that that was not the business of one day at the same time he complained of the disorders of the Regular and Secular Priests of Germany of which the one forsook their Monasteries to live again in the World and the others married to the great Scandal of the Church The Diet made answer in a kind of ambiguous manner but which did insinuate to the
ever done it but that of Basil the least action whereof they scrupled to imitate they added that the coming of the Lutherans to the Council would onely serve to seduce people because they would not forbear their Dogmatical Cant that on the whole if they refused to submit that safe conduct would be dishonourable to the Council from which they required a compliance which ought never to be granted to Hereticks To remove all these difficulties they thought of giving a safe Conduct in general terms wherein the Protestants should not be named but onely designed under the Title of Church-men and Seculars of the German Nation that so if at any other time necessity did require they might say that by these terms none were meant but Catholicks Whilst they were consulting at Rome about the safe Conduct at Trent points of Doctrine were under examination and that inquiry was not so calm and peaceable as the other about the Anathema's and Canons against Protestants for it was impossible to keep the Jacobins and Cordeliers from going together by tho ears about the matter of Transubstantiation The Jacobins pretended that the body of our Saviour is made present in the Eucharist by way of Production because the Body of Jesus Christ without coming down from Heaven where it is in its natural being is rendered present in the Bread by a reproduction of the same substance according to which Doctrine the substance according to which Doctrine the substance of the Bread is changed into the substance of our Lord's Body The Cordeliers on the other hand defended that Transubstantiation which is called Adductive they alledged that our Lord's Body is brought down from Heaven not by a successive but momentany change and that the substance of Bread is not changed into the substance of the Body of Jesus Christ but that the Flesh and Bloud of Jesus Christ succeeds into the place of the substance of the Bread being conveyed thither from another place Each Party maintained their opinions with wonderfull heat branding one anothers with absurdities and contradictions The Electour of Cologne who had had the patience to hear these wretched janglings said very pleasantly that both Parties were in the right when they refuted and charged one another with absurdities but that they seemed all of them to be out of the way when they asserted their opinions because they spoke nothing that was Sense or Intelligible at length seeing there was no declaring for one Party without offending the other they satisfied them both by couching the Decree in very general terms In the same Congregation they discoursed of many abuses that concerned the Eucharist which ought to be reformed such as are the failings in reverence and respect to the holy Sacrament It was complained of that they did not kneel before it that they let it mould in the Pixes that it was administred with little reverence and that they took money from Communicants This last abuse was committed particularly at Rome where the Communicants carried in one hand a hollow Taper and a piece of money in the Taper which was the Priests see It was resolved that Canons should be made against that abuse and many more of the like nature The original of the Jurisdiction of the Tribunals of the Church with their progress At the same time other Congregations were held consisting onely of Doctors of the Canon Law for handling the matter of Discipline the Head that was examined was that of the Jurisdiction of Bishops The end the Bishops proposed to themselves was not the rectifying of the abuses of that Jurisdiction by restraining it to the just and lawfull bounds whereby it was limited in the Apostles time and in the primitive Ages of the Church on the contrary they would have enlarged it by exempting it from the power and attempts of the Court of Rome That Jurisdiction in the first Ages was onely grounded on the sixth Chapter of the first epistle to the Corinthians wherein St. Paul exhorts believers not to bring their Causes before Infidels but to chuse out amongst themselves fit persons to compose their differences but because the Tribunal which St. Paul establishes in that place was merely a tribunal of Charity which had no coercive power so the Sentences that past there were onely Verdicts of Arbitration which men stood by if they thought fit by the six and fiftieth Chapter of the second Book of the Constitutions attributed to St. Clement it appears that the Bishop and Priests met every Munday for determining the affairs of their Flock And it rarely happened that any one appealed from these Decisions because of the great respect that men in those days had for the Church But after the times of persecution were over the Bishops supported by the Emperours who were become Christians erected Real Tribunals the Decrees and Sentences whereof were put in execution by the Authority of the Magistrate It is said that Constantine ordained that the Sentences of Bishops should be without appeal and be put in execution by the Secular Judges and that if one of the Parties should desire that a Process commenced before a Secular Judge might be referred to the Tribunal of the Bishop the reference should be granted in spight of all opposition either from the Judge or the adverse Party In the year three hundred sixty five the Emperour Valens enlarged that Jurisdiction and Possidius reports that St. Austin was taken up in those trials of Civil matters many times even till night which troubled him much because it took him off from the true functions of his Ministery That Law of Constantine in favour of this Tribunal of Bishops was revoked or at least limited by the Emperours Arcadius and Honorius for they ordained that Bishops should decide in no Causes but those of Religion and in Civil matters when both Parties consented to it In the year four hundred and fifty two the Emperour Valentinian confirmed that Law which restrained the power of Bishops Justinian restored to them part of what they had been deprived of allowing them besides the Causes of Conscience power to take cognizance of the Crimes of the Clergy and to perform several other acts of Jurisdiction over Laics And thus by the indiscreet favour of Emperours the power of the Church which is all Spiritual became a Carnal Dominion In the following Ages the Jurisdiction and Authority of the Bishops got ground apace and especially in the Western Church because the chief of the Clergy were the ablest Statesmen they were commonly of Princes Councils and managed and Civil matters That was the reason that in a short time they grew to be sole Judges of all Causes Civil and Criminal of the Clergy and that they extended their Jurisdiction over Laicks under various pretexts for instance they took upon them to Judge of the Validity of last Will and Testaments to make Inventories and apply Seals under pretext that Widows and Orphans are recommended to the care of the Church
Duke knowing that they had not been prompted to that by a Spirit of Rebellion resolved to try fair means with them But at Rome the proposal was rejected with indignation they counsel'd him to use force which he followed and for eighteen Months waged War against these Wretches In the beginning of the same year a great Conspiracy was hatcht in France The Conspiracy of Amboise they who were engaged in the Plot were put upon it as much through interest of State as of Religion The House of Guise were absolute Masters both of the King's person and mind and this being a grievance to many they formed a Party and entered into a Confederacy for putting a stop to the fury of the Persecution and at the same time for rescuing the person of Francis the Second out of the hands of the Princes of Guise But the Plot was discovered the Court went from Blois to Amboise where there is a Citadel part of the Conspirators were taken and put to Death and so that Conspiracy of which one Renaudé was the chief was quickly dispersed and brought to naught The Protestants in the mean while encreased amidst all these Persecutions and that made the King's Council look out for other means of composing the troubles than what had been employed hitherto it was concluded that a Council of the whole Nation must be called but Cardinal d' Armagnac who was wholly for the interest of the Court of Rome and was as good as any Inquisitor against the Protestants withstood that resolution Monluc Bishop of Valence was of opinion for calling a national Synod and that prevailed This resolution was signified to the Pope but he approved not of it On the contrary he complained publickly at Rome against the King's proceedings who by a Declaration of the eighteenth of March had pardoned all who upon account of Religion had taken up Arms against him The Pope said it was the cause of God and that no Prince has power to pardon such Crimes that besides national Councils were good for nothing but to breed Schisms that there was need of a General Council and that he intended to convene it without delay The Pope solicites the King of France to take Geneva He sent into France the Bishop of Viterbo to represent the same things and that he might employ the King and take him off from thinking of that national Synod he essayed to perswade him to bend his forces against the City of Geneva He also solicited the Duke of Savoy and the King of Spain to the same Enterprise the King of Spain being a Neighbour to Geneva by the Franche Comte The Savoyard would have been very willing provided he could have kept Geneva for himself nor perhaps would the King of Spain have been against that but he knew very well that the King of France would never allow it to be in any other Prince's Possession and therefore he chose rather to suffer the new Religion to reign there than to see it in the hands of the French who were already too near Neighbours to the County of Burgundy which then belonged to the King of Spain so that that matter went no farther The King of Spain who thought it not proper to unite with the King of France for the Ruine of Geneva as he had been solicited by the Pope thought himself obliged at least to comply with the Pope's inclinations in disswading the French from holding a national Council For that effect he sent into France Antiono de Toledo Prior of Leon with instructions to offer France forces and assistance for the destruction of the Hereticks and it is certain that he could not doe more than what he did to satisfie the Pope by the Ruine of the Protestants The Court of France did not much listen to these Proposals they would indeed have been willing to have had Geneva but they feared the Switsers and the stirs that the Huguenots might raise in France during that War As to the matter of the Council they were stedfast in their design of calling a national one in France giving the Pope in the mean time assurance that nothing should be attempted in it contrary to his Authority But he could not trust too much to that he was very apprehensive of the French Prelates who were accused to be infected with Heresie and were at least prepossest with some Tenets which they call the Privileges of the Gallican Church and with Maximes that sute not with that Supremacy which is challenged by the Court of Rome The apprehension of this made the Pope absolutely resolve to call the General Council The Pope resolves to call a General Council But he was at a stand as to the place he would have been very willing to have held it at Bologna but he did not expect that the Prelates would come thither Milan was offered him but he would not accept of it unless the Citadel were put into his hands during the sitting of the Council The King of Spain for all he was so good a Catholick could not be brought to condescend to that for as to the point of worldly affairs and interests the Pope and other Princes are trusted much alike At length he concluded upon the City of Trent where it had been already assembled There happened two considerable matters which confirmed him in his resolution of hastening the Convocation of the Council the one was the Revolt of Scotland which banished Mary the Queen regent and fell off from the Church of Rome the other was the Jealousie that they had of Maximilian King of Bohemia Son to the Emperour Ferdinand Maximilian King of Bohemia and the Romans is suspected of Lutheranism who was always thought too favourable to the Protestants Paul IV. had accused him as an Abbetter of Heresie and one day he made an answer to the Pope's Ambassadours that much encreased the suspicion that they had of him The Pope's Nephew Maroo Altemps exhorting Maximilian in behalf of Pius IV. to continue a good Catholick promising him on the one hand that if he did the Pope would corroborate the pretentions he had to the Empire and on the other hand threatning that if he persisted to give Causes of Suspicion he would never confirm him King of the Romans but would deprive him of all his Territories Maximilian made answer to the promises that were made him of favour and assistance that he was very much obliged to his Holiness but that the Salvation of his Soul was much dearer to him than all worldly Enjoyments Now at Rome this kind of style was lookt upon as an infallible sign of Lutheranism and as the badge of those who were Enemies to the holy See All these reasons made the Pope on the third of June call together the Ambassadours of Princes and told them more plainly than hitherto he had done his design of re-establishing the Council at Trent ordering them to acquaint their Masters with the same He himself wrote to
contracted by the Children of Persons of Honour and Quality without the Consent of their Parents as well for strengthening Paternal Authority as for preventing the Mischiefs which many times attend such Marriages The Divines of the second Chamber examined the third and fourth Articles which concerned Divorce Polygamy and the Prohibition to marry in certain times Father Soto a Spanish Jacobin maintained that it was not lawfull to dissolve a Marriage nay not for the Cause of Adultery He confessed that married Folks might be separated from bed and board but not so as to allow those who are so separated to marry with others he alledged that to be the meaning of St. Paul when he permits married Believers to remain separated in case their unbelieving Wives will not live with them He gave several interpretations to the words of Jesus Christ which seem to allow a Divorce for the Cause of Adultery but stuck to none of them which was a great Argument that he was not so clear in that Point as he would have seemed to be As to Polygamy he proved is to be contrary to the Law of Nature and for the Prohibitions to marry in certain times he said there was no need to make a grievance of that seeing it was easie to obtain a Dispensation from the Bishop to marry in prohibited times About the substance of the question there was no great dispute but the Spanish Divines caught hold of that occasion to speak of the necessity of the Residence of Bishops that they might be able to give Dispensations with Prudence Wisedom and with Knowledge of the Cause Upon naming the Tie that is betwixt a Husband and a Wife which is like to that whereby a Bishop is united to his Church a Cordelier named John Ramirez took occasion to speak again about Residence and shew'd that it was no more in the Pope's Power to draw a Bishop from his See and translate him into another than to snatch a Husband from his Wife The Pope's Party on the contrary took occasion to speak of the Sovereign Authority of the Holy See upon account that the two Articles which were under Debate stand condemned in the Decretals of Popes They magnified that Authority beyond all bounds and stretched it even to the dispensing against Canons against the Ordinances of the Apostles and against all the Laws of God They alledged the Canon Si Papa which runs in these terms If one surprise the Pope neglecting his own Salvation and that of his Brethren unfruitfull and remiss in his works concealing the good which does most hurt to his own and the Salvation of others though he lead to Hell innumerable crouds of People there to be eternally punished with him Decret Grat. Dist 40. Nevertheless no man ought to undertake to reprove him or punish him for his faults because he who ought to judge all the World ought not to be judged by any unless it be found that he errs in the Faith A Decision attributed to one Boniface a Martyr and Archbishop of Mentz When the second Chamber had spoken the Legates past by the third and came to the fourth because they had promised the Cardinal of Lorrain not to meddle with the Celibat of Priests the Examination whereof was committed to the third Chamber The business of the fourth Chamber was to treat of the Degrees of Consanguinity and John de Verdun a French Benedictine giving his opinion upon the matter took in hand to refute what had been said in favour of the Pope about Dispensations and spoke all that he durst to weaken the Papal Authority He acknowledged that in Humane Laws there was occasion for Dispensations because Legislatours cannot foresee all Cases but he absolutely denied that the Law of God could be dispensed with The Pope said he is not Master and the Church is not his Servant and Dispensations ought onely to be the Explanations of Laws and by Consequence ought not to overthrow them so that the Pope by dispensing cannot take off the obligation that lies upon men to obey the Law James Alain a Divine of the Bishop of Vannes spoke with the same vigour and sunk the Authority of the Pope below a Council affirming that the Power of dispensing was properly given to the Church The Emperour much dissatisfied with the Council and the Pope consults about important Points which concerned the Authority of the Pope and the Liberty of the Council and not immediately to the Pope Whilst these questions were debated amongst the Divines the Prelates minded other Affairs Commendene Bishop of Zante whom the Legates had sent to the Emperour returned to Trent without any Success in his Negotiation for the Emperour desired time to answer the Propositions which the Legates had made to him However this Deputy found that the Emperour was extremely dissatisfied with the Council and that he was resolved to take some Course to remedy the Disorders that reigned in it that he intended to demand a very considerable Reformation and to settle it so firmly that none should be able to shake it He told the Presidents also that he made no doubt but that the Spaniards had intelligence with the Emperour because the Count de Luna designed for the Embassie of Trent had answered those who complained of the boldness of the Spanish Bishops that he could not meddle in it and that these Prelates spoke according to their Conscience They were therefore satisfied in General that the Emperour aimed at great matters but could not precisely tell what they might be These Secrets were not long shrouded under the veil of secrecy for one Father Camisco a Jesuit and another Father Nattale sent from Trent to Inspruck by General Lainez sounded the bottom of these Mysteries They found that the Emperour had proposed seventeen Articles to be consulted by his Divines and Counsellours For instance Whether it was convenient that the Pope should be so much Master of the Council as he was so that nothing should be proposed nor concluded but what the Court of Rome pleased Whether the Pope happening to die the Election of his Successour did not belong to the Council What is the Power of the Emperour when the See is vacant and the Council open Whether Ambassadours ought not to have a deliberative Vote in Council when they treat of matters that regard the Peace of Christendom Whether the Pope could dissolve or suspend the Council without the Consent of the Emperour and Christian Princes Whether it ought to be suffered that the Legates alone should have the Power of proposing What means ought to be used to set the Council at Liberty and to prevent all violence and fraud therein What Course ought to be taken to repress the insolence of the Italians who stopt all deliberations and to prevent their private Cabals By what means ought the Court of Rome to be hindered from ordering what is to be done in the Council And whether it would consist with the Majesty of
THE COUNCIL of TRENT The Representation of the Fathers assembled in the Council of Trent begun about the end of the year 1545. Concluded towards the end of 1563. under the Pontisicate of Paul III. Tulius III. Marcel II. Paul IV. and Pius IV. There were XXV Sessions in which were present VII Cardinals V. whereof were the Popes Legates XVI Ambassadours from Kings Princes Republicks CCL Patriarchs Arch bishops Bishops Abbots and Generals of Orders All Divines and Doctours of the Civil and Canon Law THE HISTORY OF THE Council of TRENT In Eight Books Whereunto is prefixt A Discourse containing Historical Reflexions on Councils and particularly on the Conduct of the Council of Trent proving that the Protestants are not oblig'd to submit thereto Written in French by Peter Jurieu Doctour and Professour of Divinity And now done into English LONDON Printed by J. Heptinstall for Edward Evets at the Green Dragon and Henry Faithorne and John Kersey at the Rose in St. Paul's Church-Yard MDCLXXXIV Historical Reflections ON COUNCILS And particularly on the Council of TRENT PROVING That Protestants are not Obliged to submit thereto I Believe it will by all men readily be granted that since the first appearance of Christianity there hath not hapned an Affair of greater moment than was the separation of the Protestants from the Church of Rome which fell out in the beginning of the last Century It was a mighty rupture that took whole States and Kingdoms from the Roman See Schism is indeed one of the greatest mischiefs which can befall the Church it is an enemy to Charity nay ruinous to it and since Charity is no less necessary to Salvation than Faith Schism that destroys Charity is no less to be feared than Heresie that overthrows the Faith In our present subject we find both Heresie and Schism The mischief is great on either part Those of the separation are Schismaticks if they have not done it upon solid grounds But if the Church from which they separate hath given occasion for such separation and by her own errors made it absolutely necessary the guilt of the Schism falls then upon her From hence arises a great contest to know who it is that must one day answer before the Tribunal of God for this scandalous breach that puts a stop to the progress of Chtistianity sowing among Christians the seeds of variance and contention The Roman Church pretends it to be a Cause already adjudged and determined that famous Assembly the General Council of Trent who could not err having pronounced definitively upon it By this Judgment say they men ought to abide for there will else be no end of Controversie Disputes should not be everlasting but when the Judges have given their final Sentence there can be no further proceeding The Protestants are very far from thinking thus of the matter they pretend a right to review the Cause they cry out against the incompetence of the Judge they complain of undue and irregular proceedings and will admit no other Decision of the truth and antiquity of their Religion than the Holy Scripture as for Tradition Councils and Schools by which they are condemned they look upon them as things doubtful falsified false and apt to occasion illusion and error This Controversie is most certainly of the greatest importance no less than eternal Salvation depends upon it so that it is the interest of all men to examine it to the bottom It were a thing to be wished that we might plead our cause before a disinteressed Judge but it cannot be For all the sincere and worthy persons of Europe have already taken part on one side or the other and those that can still ballance between the two Religions are too ill Christians to have the honour of being Judges in a Cause which properly speaking is the Cause of God But we entreat the Reader that at least for a few hours he will lay aside all manner of prepossession that he may so make the better Judgment of the force of our Arguments My intention is not to enter into the depth of this vast matter for that were to descend to particulars and to examine the right and wrong of every dispute I will only shew that the Protestants are not to be blamed for refusing to submit to the Decisions of the Council of Trent and that from reasons taken from the Council it self I will prove that it is not from giddiness nor from perverseness but from a just and solid resolution that they refuse to submit For it seems reasonable that giving the History of this Council we do also give an account why we conceive our selves not obliged to receive it reason 1 1. First reason of not owning the Council of Trent because it is a Party in the Controversie In the first place the Reformed decline the jurisdiction of this Council as a Judge incompetent because a Party I easily foresee I shall be stop'd short here and that it will be returned upon me that the Churches being a Party is the ordinary refuge of Hereticks Had not the Arians as much right to tell the Council of Nice you are a Party and therefore can be no Judge in the Cause What! is not the Church obliged to maintain the rights of truth against Hereticks and shall this shadow of a pretence be able to deprive her of the power to Judge It is fit however that we be heard in the matter to see if there be not a mighty difference between what we alledge for our selves and what they are pleased to make the Hereticks say The Church is certainly the prop and the pillar of truth as St. Paul speaks that is she is obliged to support it But yet Hereticks must not for that reason look upon the Church as a Party and reject her as unfit to judge of religious Controversies For Legislators and the Garrantees of Laws cannot justly be considered as Parties when they have no other interest in a matter in question but the conservation of the Laws Were it reasonable for a Murderer to harangue his Judges thus Gentlemen you cannot be my Judges you have an interest in the prosecution inasmuch as you have forbidden to commit murder It is an easie thing to foresee what Judgment you will give thus prejudiced as you are by your own Principles and Maximes I demand therefore a fair and equal trial by Judges wholly free from all prepossession There could be nothing so senseless as such kind of talk yet such would be that of Hereticks who should reject the judgment of the Church in Contests of this kind Had the Council of Trent been the Council of the Church and without other interest than to defend the truth we might have appealed from its Judgment had it determined of any thing contrary to truth but we could not have refused to own it as a Council But we affirm that the Council of Trent is not a Council of the Church but of the Pope and of
to submit blindly to its Decisions reason 3 3. Third reason of rejecting the Council of Trent That it is a Council of the Church of Rome not of the Universal Church But to leave these general Arguments and come up closer to the Council of Trent We say it is a Council of the Roman not of the Catholick or Universal Church and that we can look on it as no other So that were it true that Occumenical Councils were infallible yet the Council of Trent nor any of those held in the Church of Rome since the Schism of the Eastern and Western Churches would have no right to pretend to this priviledg of Infallibility The Schism of those two Churches fell out in the tenth Century beginning indeed toward the end of the ninth since that time the Greek Church hath had no Communion with the Latin It is true there have been several attempts to re-unite them but without success So that the Greeks have had no Voice in the Latin Councils nor the Latins in the Greek Councils for six or seven hundred years The Church of the Latins is not near half of the Christian Church yet she will needs have it that hers are General Councils whilest the Councils of the Southern and Eastern Churches must pass forsooth but for little Consults or a sort of Conventicles It is a prodigious temerity for a Church scarce more than a fourth of the Christian World to set up it self for the Universal Church and to count the rest for nothing All the Churches of the East North and South the Greek Church the Church of the Abyssins who possess all Ethiopia which is a large share of Africa and the Church of the Russians are say they Schismatical Assemblies they have broken the bands of Union with the Head which is the Pope and are no longer worthy of the name of Churches for there are no true Christians but those that are subject to the Holy See which is the band of Unity This indeed is an excellent Principle According to this Hypothesis all the Christians in the East in the South and in the North are condemned to everlasting Perdition What can be imagined so cruel as this Tenet I cannot for my part believe that there is any reasonable Man of the Romish Communion that dares seriously affirm that an innumerable multitude of Christians believing in Jesus Christ and receiving the Canons of the Ancient Councils are yet in a state of Reprobation only for not acknowledging the Papal Supremacy I know very well that this Doctrine is taught but I appeal to the Conscience of those that teach it and am fully perswaded that they cannot but inwardly grant that such Persons may be saved out of the Pope's Communion And were but that Point as openly confessed as it is secretly owned they must then be constrained to acknowledg that the Councils of the Church of Rome are no General Councils For if the Greeks may be saved it is because the Church of which they are Members is a true Church since all Men acknowledg that out of the Church there is no Salvation If then the Greek Church be still a part of the true Church it must necessarily follow that those Councils wherein she has no part cannot be called General Councils nor can have the priviledges of them reason 4 4. Fourth Cause of Rejection The Council of Trent was but a part even of the Latin Church The nearer approaches we make to the Council of Trent the more plainly we discover the imperfections that ruine its Authority with the Protestants We have already seen that this Council is their adverse Party in the Cause that granting it a General Council it could not be infallible that yet it is not a General Council for that three parts of the Christian Church have no part in it it follows that it is then at most but a Council of the Roman Church But alas it is not so much as a General Council even of the Roman Church It is a Council of Italy and of the Italians it is a Council of some sixty odd Bishops whereof many were the Pope's Pensioners This Council was assembled three several times the first time under Paul III. the second time under Julius the 3d. the third time under Pius IV. In the two first there were not above sixty Bishops present almost all Spaniards or Italians Where then is the Universality of a Council consisting of so few Persons Yet have these few adventured to decide the most important Matters There were sixteen Sessions held during the two first Convocations wherein were decided the Controversies of the Scripture Tradition Original Sin Grace Justification Baptism the Eucharist Penance Extream Vnction Sixty Persons undertake to give Laws to all the Consciences of the Christian World and in things not understood by them They must needs be very blind whose Faith can truckle to the Decisions of so small a number of Men of so little Understanding Paul the 4th was very much in the right to say as he often did that it was great folly to send sixty trifling Bishops to the Mountains and imagine that they must presently have the advantage of discerning the Truth rather than the See of Rome where there is always so great a number of excellent Persons who make the Study of Divinity the sole business of their Life I must confess indeed that there were above two hundred Prelats present at the third Convocation of the Council But how There came some fifteen or twenty from France and not till about the end neither There was yet a few more Spaniards But no Germans no Polonians no Hungarians or if there were it was so very few as could never be thought to represent the Nations For it was one of the Policies of the Court of Rome not to permit to Vote by Nations nor that the absent Bishops might Vote by Proxy and that each Bishop spake only for himself There might be about fifty or sixty or some few more French Spanish and German Bishops the rest were Italians and that rest were three parts of four for there was more than one hundred and fifty Not the Lutherans only but all Europe agreed in it that the Council of Trent was purely an Italian a Papal Council reason 5 5. Fifth Reason to reject it The hatred of the Council of Trent to the Protestants If we regard the conduct of this Council we find from thence another reason to reject it Already we have taken notice with what heat and violence that Council acted against those over whom it pretended to be Judg. It hath frequently quitted the quality of Judge to assume that of being the adverse Party and such a Party as cared not to exceed all the bounds of honour and good Faith The Design of making odious the Doctrine of the Lutherans was apparently the reigning Passion of the Council For it countenanced the false extracts made of the Lutheran books and
all the Magistrates of the Christian World do affirm the Council to have erred That Exemptions of Ecclesiasticks is a point of Doctrine wherein it is confessed that the Council erred I go on to the Exemptions of Ecclesiasticks which are of near affinity to the preceding Article The Bishops of the Council of Trent in the Decree we just spake of by them intitled the Reformation of Princes had made little Sovereigns of the Clergy independent of the Secular Power exempted from pleading before a Temporal Judge for whatsoever Cause or Crime 'T is true this Decree did not pass by reason of the great opposition made by the Ambassadors But the Council endeavoured to supply the matter for in the twentieth Chapter of General Reformation in the 25th Session it ordains that the Immunities Exemptions and Privileges of Ecclesiasticks be ratified and confirmed to them according to the Constitutions of Popes and Councils and according to the holy Canons Now these Constitutions and these Canons the observance whereof it commands are those that withdraw Ecclesiasticks from the Power of Secular Judgment and subject them only to the Judges of the Church And indeed since the Council the Clergy have with the utmost vigour endeavoured the maintaining themselves in the possession of these Privileges Every body knows the famous Quarrel that upon this occasion happened between Pope Paul V. and the Venetians and made so great a noise in the beginning of this present Century The Republick of Venice in the year 1605. made a Law forbidding Ecclesiasticks to acquire Lands and fixt Possessions and before that there was another Law in force restraining the building of Churches Hospitals and Monasteries without leave obtained of the Senate At the same time the Republick caused to be imprisoned Brandolino Valde-Marino Abbot of Nerveze and Scipione Saracino Canon of Vicenza the first as being guilty of Rapine and Theft accused oâ— poysoning his Father and his Brother oâ— Incest with his Sister of having caused several Persons to be assassinated and oâ— employing Magick to corrupt Womenâ— the second for having broken off the Seal put upon the Bishops Court by the Magistrates and for attempting the chastity of a Widow of Quality with most villaâ—nous outrages Pope Paul V. looked up on these Laws and the imprisoning of thesâ— Men as breaches of the Privileges of thâ— Clergy that the Council of Trent haâ— confirmed He commanded the Venetian to abrogate these Laws and to send thâ— two Prisoners to be tryed by the Nuncâ— at Venice forasmuch as the proceeding of the Republick in this matter was contrary to the Canons and Constitutions of the Councils And upon the Republicks refusing to do it in the year 1606. he thundred his Bull of Excommunication and Interdiction against it The business was made up in the year 1607. by the mediation of the King of France and by the negotiation of Cardinal de Joyeuse and Cardinal du Perron The Interdict was taken off but the Republick was obliged to give up the Prisoners to the Pope and to suspend the execution of those Laws till the Parties that is to say the Church and the State had setled the matter These Ecclesiastical Immunities were things unknown to the Primitive times The great and good Emperour Constantine did in Person or by Commission hear and determine the Crimes of Ecclesiasticks without excepting so much as Cases of Schism and Heresie It is true he established a Tribunal of the Church Sozomer l. 1. c. 9. Eujeb de vita Constant l 4. c. 27. Niceph. l. 7.46 and gave a sort of Jurisdiction to Bishops for the affairs of Ecclesiasticks But still they acted as the Emperours Delegates in those Tribunals and we see that Constantine did often â—re hear Causes wherein the Bishops had before given Sentence Tom. 2. Ep. 162. St. Austin tells us that in the business of the That the diminution of Episcopal Authority is another Point of Doctrine wherein the Council of Trent is acknowledged to have erred It is not extremely necessary to enlarge upon the wrong done by the Council of Trent to Bishops in taking from them the power of hearing all the greater Causes in impowering them in most Episcopal Functions to act only as the Popes Commissaries and in confirming the Privileges of Chapters and Monasteries which dispense them from acknowledging the Ordinaries to be their Superiours The Bishops themselves do sufficiently complain of these wrongs and they have reason for by the Priviledge granted to Monks of immediate depending on the Holy See the great and numerous Congregations of Clugny and of the Cistercians all the Houses of the Mendicants and the new Order of Jesuits are not only withdrawn from Episcopal Jurisdiction but are become so many sworn Enemies to Episcopacy Besides which by the Exemption of Chapters those Assemblies are so many thorns in the Bishops sides giving them a thousand disturbances and tiring them out by their oppositions The accused Bishops are contrary to the Canons forced and dragged to Rome to be tried their Causes are removed from their Metropolitan and Synod of the Province from whom they might expect Justice and those that seek their ruine do procure their Enemies to be named by the Pope for Commissioners to decide their Causes There is an instance of this in the troubles that hapned in France about the Doctrine of Jansenius There were four Bishops that after the condemnation of Jansenius by Innocent X. and Alexander VII kept a wrangling and cavilling a little too long in the Jesuits opinion upon the distinction of Right and Fact to avoid signing of the Formulary The good Fathers procured a Brief from the Court of Rome to interdict them by Commissaries named by the Pope These four Bishops who were the Bishops of Alez of Pamiers of Beauvais and of Anger 's defended themselves against the Interdiction by Circular Letters and by divers publick Writings wherein they cite the Ancient Canons the fifteenth of the Council of Antioch in the year 341. the seventh of the Council of Sardica 351. the Capitula of Adrian I. the Decisions of Leo IV. and of Benedict III. his Successor who lived about the middle of the Ninth Century By all which it appears that accused Bishops to be Canonically condemned ought to be tried by their fellow-Bishops of the same Province They trace the possession of this Right through the following Centuries and at length they shew that the Regulations of the Council of Trent and the Concordat between Francis I. and Leo X. cannot prejudice the Right of the Bishops and so long a Possession for that the Parliaments the Universities and the Clergy of France opposed the Concordat and the Cardinal of Lorrain made opposition in the name of all the Clergy of France then when the Gentlemen of beyond the Mountains made the Decree that impeaches this usage Which say they hath served for a ground of the refusal In the Circular Letter of the four Bishops to all the
free will and six Articles on that Subject are drawn out of the Books of the Lutherans which he did by calling another cause He put them upon the matter of free will which is closely linked to that of grace and the Council named Bishops and Divines to cull out of Luther's Books such propositions as might be thought worthy of censure these Deputies pickt out Six 1. That God is the cause of all actions good and bad and that he operated in the treachery of Judas as well as in the Conversion of St. Paul 2. That men have no free will and that every thing happens by absolute necessity 3. That by the fall of Adam man lost his free will and retains no more but the name of it 4. That man has now no free will but to doe evil 5. That the free will does not concur with grace and that men are driven on to conversion like brute beasts 6. That God converts those whom he will even though the resist The two first propositions were not confuted by reasons but by invectives they were called mad monstrous impious and blasphemous opinions The Carmelite Marinier who liked not that violent way was for interpreting those Articles in some good sense and especially that which affirms our actions to be necessary not free He observed that it was not true that all our actions are in our own power and that the School-men themselves are obliged to except the first motives which men cannot restrain Andreas de Vega discoursed upon that matter in a very obscure manner and was hardly understood till he came to a Conclusion wherein he said that there was no difference betwixt the Lutherans and Catholicks as to the nature of free will in civil actions and in the moral and external works of the Law and that the Lutherans did not strip man of his free will but in respect of supernatural works that prepared man for Salvation which being consonant to the Sentiment of Catholicks he was of opinion that in this particular something should be done for peace sake That name of peace was odious and grating we are not met for that answered they it is the business of Conferences to accommodate differences but of Councils to condemn Heresies and indeed this Council was very far from indulging any thing to the Lutherans this debate was the cause of another that arose betwixt the two Schools of Scotus and Thomas that is to say betwixt the Cordeliers and Jacobins to wit if it be in the Power of man to believe or not to believe The Cordeliers maintained the opinion of Scotus that it is not in the liberty of man not to believe because the understanding is necessarily determined by its object when a truth is presented to it it cannot but see it and when it perceives it it cannot refuse to close with the same But the Jacobins on the contrary defended the opinion of St. Thomas and said that faith was a free action that might be enjoyned or hindered by the will Concerning the third article wherein the Lutherans say that man's free will is lost since that fall of Adam the Champions for the pure Doctrine of Grace produced many Arguments and Authorities and particularly they cited several passages of St. Austin wherein he says Adam perdidit se liberum arbitrium But to that Dominico à Soto made answer that the word free was sometimes opposed to necessity and sometimes to slavery that the Lutherans took it in the first sense when they say that man hath lost his free will because they would thereby signifie that man acts by an inevitable necessity But that St. Austin had taken the word free in the second sense as it is opposite to slavery and that his meaning was that man had lost his free will because that free will is captivated under the bondage of sin though the last is absolutely the sense of the Protestants as well as of St. Austin This explication of Dominico â Soto was not well relished they would not have the free will to be a slave neither to necessity according to the sense that was attributed to the Lutherans nor to sin according to the sense of St. Austin The Council could not endure that the free will should be made a slave upon any account whatsoever for had they owned with Soto that it is under the bondage of sin they could not have condemned the title of Luther's book de servo arbitrio as they designed to doe The fourth Article which saith that man hath onely free will to doe evil was reckoned ridiculous and the Divines of the Council laid it down as a certain truth that free will is a power of determining ones self to one of two contraries to good or to evil There were some nevertheless that were not so passionate who told them that their Maxime was not unexceptionable and that God was free without having the power of determining himself to evil There arose great Debates in the examination of the fifth and sixth articles concerning the manner how free will concurs with grace in the work of conversion The Cordeliers following the Theology and Principles of their Master Scotus maintained that the will which can prepare it self for grace can by much stronger reason admit or reject grace when it is offered But the Jacobins who are Thomists attributed to grace the first motions of conversion The Thomists are divided the beginning of the new Thomists These last maintain that Grace is efficacious of it self Here the Thomists were divided for Dominico à Soto a Jacobin acknowledged preventing grace but he said that it was in the power of man to accept or reject that grace so that he made the efficacy of grace to depend on the will of man and on the determination of that will and denied grace of it self to be efficacious In this particular all the difference that was betwixt Soto and the Cordeliers or Scotists was about the preparations for the Scotists pretended that the will goes before grace by immediate preparations which proceed from the will it self And Soto denied these immediate preparations and onely admitted certain remote preparations of the will for the reception of grace Luigi di Catanea a Jacobin and Thomist said that according to the Doctrine of St. Thomas the will may indeed reject sufficient grace but not effectual grace because this grace gets always the victory over the will In this manner he laid down as a ground in Divinity that the difference betwixt effectual grace and sufficient grace proceeds onely from the operation of God and not from the consent of the will that is he affirmed grace to be effectual of it self This is that Luigi di Catanea who may be called the Patriarch of the new Thomists who have made themselves very considerable since the Council of Trent in undertaking the defence of the Doctrine of St. Austin concerning Grace which the School of Scotus that was Semipelagian had almost stifled
Residence to be of Divine right for preventing that intolerable abuse that one man should enjoy several Cathedral Churches for obliging the Cardinals themselves to resign all they had but one which they might enjoy for prohibiting those Unions of Benefices for Life for rescinding and annulling all Dispensations obtained or to be obtained from the Court of Rome without lawfull cause and for giving the Ordinaries power of judging the Validity of the cause for which the Dispensation had been obtained This was signed by twenty Bishops and by Cardinal Pacieco The attempt surprized the Legates because of the boldness of the propositions and that the Bishops had adventured to assemble themselves without their permission These Articles were sent to Rome and at the same time the Cardinal di Monte wrote that it was his advice that that Enterprize ought to be withstood without the least condescension adding withall that it would be convenient to make some Reformation at Rome to stop the Mouth of the Council But above all things the Legates urged that the Italian Bishops who were retired to keep Lent at home in their own Churches should forthwith be sent back to Trent The Pope followed that advice and gave order to his Nuncio at Venice to oblige the Italian Bishops who passed by Venice or who were there still to return with all speed to Trent that they might make head against the Spaniards At the same time he called a Congregation of the Deputies at Rome for examining the Writing That Congregation was not wholly of Cardinal di Monte's opinion they thought it not fit to break with the Spanish Prelates nor peremptorily to refuse all that they demanded They thought it sufficient by answering every Article to elude all their demands and in effect they made a project of answers to be made to them wherein to speak the truth they shewed an Address becoming the Court of Rome the Memoires of it were sent to the Cardinal di Monte the Pope committed the management of that Affair to the Prudence of the Legates and of those who were stiled the well affected whom the Protestants named the slaves of the See of Rome he gave them power either absolutely to reject the demands of the Spaniards or to make use of the qualifications which he sent them according as occasion proved more or less favourable The Pope fearing the Spaniards resolves to remove the Council to Bologna The Court of Rome made great reflexions upon that attempt of the Spaniards and the Pope began to dread a Combination betwixt them and the Germans so that not thinking his Authority safe enough in the Zeal of the Legates and the Recruit of the Italians whom he had sent to the Council he resolved to remove the Council unto a Town where he might neither stand in awe of the Emperour nor of the Bishops of Spain and to that purpose cast his eyes upon the City of Bologna But he was not willing to do it of himself but thought it more proper to have it done by his Legates to the end that if the matter succeeded not all the disgrace might fall upon them and that he himself might onely divide with them the trouble of the disappointment for that end he sent them a Bull bearing date the fifteenth of February 1547. but which was very well known to have been made two years before by that Bull he gave them full power to remove the Council whithersoever they should think fit but at the same time sent orders that they should not mention the Translation till the ensuing Session were over Whilst these resolutions were on foot at Rome the Cardinal di Monte plaid his part he sounded the tempers gained some by promises and drew others over by divers ways that so he might defeat the designs of the Spaniards and indeed it cost him not much pains to accomplish his aim So that in the following Congregations the Spaniards were baulked and could not obtain the handling of the point which they chiefly desired that is the Divine right of Residence They spoke to it indeed with great freedom and a Spanish Monk called Bartholomè di Carranza who was afterwards Bishop of Toledo took the boldness to say that the opinion which held that Residence was onely of Papal right was Diabolical The Cardinal di Santa Croce was of the mind that according to the Memoires sent from the Congregation of Rome something should be granted them but the Legate di Monte stood his ground and carried it that no satisfaction should be given them At length the Legates framed the Decree of Reformation containing fifteen Chapters and proposed it to a general Congregation It should have seemed that by that Decree there had been a design of indulging somewhat to those who demanded a Reformation and especially as to the Plurality of Benefices but in the main there was nothing less because to that Article and to all the rest it was always added saving in all things the Authority of the holy See which rendred all the promises of Reformation useless because the Pope continued still absolute Master of all The Spaniards and particularly the Bishop of Badajox found fault with it would have had that clause left out and that the Pope should not have the power to dispense against the Canons But it was to no purpose for them to protest and declare against it it must needs go so They urged that the Cardinals might be expresly named in the prohibition of possessing several Benefices but that as all the rest was refused them These Decrees which seemed to rectifie the abuse concerning the Plurality of Benefices approved nevertheless a certain constitution of Innocent III. called de Multa which condemning the Plurality of Benefices does notwithstanding permit it provided one have a Dispensation from Rome This to speak properly is to do nothing at all for what is prohibited in shew is in effect permitted by the benefit of Dispensations The Spaniards withstood this desiring that the Pope might not have power to give Dispensations for possessing several Benefices But the Plurality of Votes gained by the Legates were for approving of the Decrees The Reformation of abuses about the administration of the Sacraments was put off to another Session because the matter had not been sufficiently examined session 7 All things being in readiness the seventh Session was held on the third of March. Cariolano Martirano Bishop of St. Mark was to have made the Sermon but he would not because being one of those who had pressed the Reformation and the point of the Divine right of Residence he had been sharply taken up in the Congregation and therefore would not appear at the Session to say a Placet to a thing that did not at all please him nor indeed was it safe for him publickly to oppose the Decrees in a Session He therefore pretended sickness but none of all those learned men that made up the Council was in a
Heretofore all contracts were confirmed and ratified by Oath and because an Oath is a matter of Conscience they made themselves Judges of all Causes that related to Contracts and Promises Besides these Jurisdictions they established a Court which they called the Mixt Court wherein they Judged of all civil Causes belonging to the Magistrate if the Court of the Church had by anticipation taken cognizance of the Cause but on the other side if the Magistrate had anticipated them then the Ecclesiastick-Court had no more Power They likewise laid down for a Maxim which brought a great many Causes before them that when the Magistrate neglected or refused to doe Justice then the Cause devolved to the Ecclesiastick-Court And in fine to fill up the measure of corruption in the eleventh Century they laboured to lay down this for a Maxim that Bishops did not derive this great Power from the Concessions of Princes but immediately from Jesus Christ Otherwise if the Bishops had acknowledged that they held these Privileges from Princes Sovereigns would have always had power to punish them and rectifie the abuses committed by them in their Jurisdiction But that they might put themselves out of reach of Animadversion they perswaded People that their Jurisdiction was independent of the Power of Princes At last that they might frame an Empire Paramount over all the States of Christendom the Pope was made Head of that Jurisdiction which the Bishops had usurped and reared up within the space of thirteen hundred years For after that the Bishops had taken from Magistrates a great part of their Jurisdicton the Pope found a way to strip the Ordinaries of the greatest part of their Power by Evocations Appeals and Exemptions So that if on the one hand the Secular Judges complained of the usurpations of the Bishops on the other hand the Bishops complained of the encroachments of the holy See This in general was the matter that then was handled in the Congregations of the Canonists whilst in the others matters of Faith were examined Gropper votes for the abolishing of Episcopal Jurisdiction and Ecclesiastick Tribunals Gropper who was in the Council both as a Lawyer and a Divine reasoned accurately about these abuses of Jurisdiction and shew'd that in the beginning the sentences of Bishops were sentences of Charity that these sentences were rendered not by Officials as now a-days but by the Bishop and Priests assembled in a kind of Consistory or Synod That moreover there was no such thing known as Appeals from those sentences to the Pope that if any Appeal was made it was to their next immediate Superiours which are Synods And therefore he was of opinion that these Synodal Judgments should be restored that the Courts and Judgments of Officials should be abolished and that all Appeals to the Pope immediately without passing through subordinate Superiours should be discharged The Legate Nuncio's and Italians slaves to the Court of Rome listened to this discourse with a great deal of impatience and having consulted together they set on the Promooter of the Council Giovanni Baptista Castello a Bolonian who in a long harangue maintained that it was lawfull to Appeal immediately to the Pope Baptista Castello Promooter of the Council refutes Gropper about the subject of immediate Appeals to the Pope and to bring Actions before the holy See without passing through the Intermedial Judges The Bishops were not satisfied with Gropper's Discourse but far less with that of Castello For he raised the Authority of the Pope to such a pitch that the Italians themselves murmured at it because according to Castello's Maxims the Pope was all in all and the Bishops signified nothing at all and that made the Italians recoyl and talk of accommodation In effect they came to an accommodation and adjusted matters in this manner That there should be no Appeals from the definitive Sentences of Bishops and Officials but in causes criminal and that even in criminal matters it should not be lawfull to Appeal from Interlocutory Sentences untill Definitive Sentence were pronounced But they would not re-establish Synodal Judgments by ruining the Officials The Bishops urged not to be re-established in their ancient right of being Judged by their Synods that is to say by the Metropolitan and their Comprovincials because men are not commonly inclined to facilitate Judgments against themselves and Processes against Bishops are much more difficult when one must go to Rome or procure a Commission from thence than if they could be accused upon the place before their proper Judges which are Synods The power was therefore left to the Pope of Judging them by Commissaries delegated in partibus Onely the Council made some Regulations that none inferiour to the Bishop in Dignity should be chosen as a Commissary of the Pope to Judge him It is one of the Grievances against the Council of Trent and one of the reasons why it is not received in France that contrary to the ancient Canons it deprives Bishops of the right of being Judged by the Metropolitan and their Comprovincials Of Degradations their Original and Progress There was also another great abuse in the Jurisdiction of Bishops of which a Reformation was demanded and that was the manner of Degradations According to the Privileges that have been granted to the Clergy or which they have usurped this Maxim has been long received that the Magistrate has no power over Clerks so long as they remain Clerks So that a Member of the Clergy must be degraded before he can be delivered over to the Secular Power for capital and enormous Crimes where sentence of death is to be pronounced which cannot be given by an Ecclesiastick Court because it imbrues not the hand in Bloud and this custome was confirmed by the Laws of Justinian It was even the custome in preceding Ages that is in the fourth and fifth Century when a Member of the Clergy returned into the World to degrade him by the same Ceremonies whereby he had been installed but in a manner inverse and retrograde that is to say that they clothed him in all his Priestly Habits and then stript him of the same one after another applying words quite contrary to those of Ordination But since about the year six hundred these Degradations were abolished and those who had taken high Orders were prohibited from returning again into the World so that the custome of Degradations is onely retained in Criminal matters when a Member of the Clergy is to be delivered over to the Secular Power to be punished But these Degradations of Clerks convicted must be done according to the new Canons with so many Ceremonies as rendered the punishment of the Members of the Clergy almost impossible That was their Scope and they onely clogg'd Degradations with so many difficulties that they might live in impunity For Degrading a Bishop thirteen Degrading Bishops were required besides twelve Assistants For Degrading a Priest there must be six Bishops for Degrading a
Emperour and his Son Maximilian now all these Princes desired that the Cup might be rendered to the People February the ninth the Legates held the first Congregation about the Doctrine of Marriage The Divines of the first Chamber examined the first two Articles and Father Salmeron a Jesuit spoke with much Pomp and for all that said but very ordinary things Having concluded that Marriage is a true Sacrament he past to the second Article that relates to Clandestine Marriages and alledged in favour of them the Authority of the Council of Florence which declares that the Validity of Marriages depends solely upon the Consent of the Parties who contract and this Oratour concluded that the opinion of those who assert that Fathers and Mothers may annull them ought to be condemned as an Heresie but allowed the Church the Power of rescinding such Marriages because she is the Mistress of the Sacraments and that it is expedient to annull them to prevent the disorders which those unfortunate Marriages cause in Families Next day Maillard Dean of the Faculty of Paris made a long discourse and concluded with Salmeron that Marriage is a true Sacrament but as to Clandestine Marriages he was not of Salmeron's opinion For he maintained that the Church had not that Power over the Sacraments as to make a Sacrament that was lawfull at one time to become unlawfull at another He alledged for proof the Consecration of the Eucharist saying that the Church could not make a Consecrated Wafer cease to be a Real Sacrament after that it had been some time kept since it was so at first He went through all the Sacraments proving that the Church hath not power to invalidate a Sacrament lawfully administred He shew'd that in all times private Marriages had been valid and that no man ever thought of annulling them His opinion took extremely well but especially the Pope's Party took great pleasure to hear the French Doctour speaking of the Pope call him the Directour and Moderatour of the Roman that is to say the Universal Church They drew great advantage from that Confession and said that it ought to be observed against the Cavils which the Prelates of the same Nation made upon occasion of the Canon about the Authority of the Pope wherein they would not suffer it to be said that he hath Power to rule the Church Universal The French said that there was a great difference betwixt these expressions rule the Universal Church absolutely and rule the Roman that is to say the Universal Church because the term Universal is onely employed to explain that of Roman and that so it ought to extend no farther It cannot be denied but that the distinction is very nice and fine spun and that the difference betwixt those two expressions is not very sensible it had been as well perhaps if Maillard had frankly confest that it dropt from him before he was aware In the Congregation of the Eleventh of February the French presented a Letter from their King wherein he acquainted the Council with the Victory that he had obtained over the Enemies of the Catholick Religion and at the same time demanded Reformation After the Letters were read the Ambassadour Du Ferrier made a Speech The King of France his Letter to the Council followed by a Speech of du Ferrier and having represented the Calamities of the Kingdom of France and the necessity of doing somewhat to remedy them he said that the proper remedy depended on the Council and that the Council in endeavouring that ought to turn their Eyes towards the Holy Scripture that Christians now-a-days were like the Samaritanes of the Town of Sichar who would believe because they saw and not barely upon the report of a Woman that every body at present studied the Scriptures That they should not think it strange if in their Proposition they had omitted the most necessary Points that they had begun with the smallest but that they had more important matters to propose that if they intended to set about the Work of Reformation they must do it in good earnest and that the Fathers who were assembled ought to consider what was the Success of those slight and weak Reformations of the Council of Constance and that which came after which he was not willing to name for fear of offending their ears He meant the Council of Basil whereof the name is odious to all the Favourers of the Court of Rome He laid before them also that the Councils of Florence Lateran and the first of Trent had done nothing for the Church and in that they did nothing they had done a great deal of hurt and given occasion to a Schism of so many People as are separated from it They gave the French Ambassadour a civil answer though in his Speech he had given several nips which touch'd the Pope's Party to the quick He said that he presented the Articles of Reformation principally to the Council These words offended them extremely because they did insinuate that the Ambassadour made far less reckoning of the Pope than he did of the Council Besides they found that by that expression he designed to have a lash at the Clause proponentibus Legatis as intending to intimate that in Quality of Ambassadour he pretended to propose his Articles to the Council himself and not by the Lagates and this perswaded them that France entertained terrible intentions against the Authority of the Pope and they were the more allarmed because Du Ferrier had said that the French had still far more important Proposals to make and that they ought to make greater advances in the work of Reformation than the Councils of Constance and Basil had done The day following the Cardinal of Lorrain parted for Inspruck taking with him nine Prelates and four Divides but he got a promise from the Legates that during his absence they should not treat of the Marriage of Priests In the mean time they continued the Congregations about the matter of Doctrine The first Chamber of Divines which we have already mentioned having heard Salmeron and Maillard unanimously condemned as Heretical the opinion that denies Marriage to be a Sacrament and in like manner declared Clandestine Marriages to be true Sacraments and lawfull Marriages But there was some diversity of opinion about the Sentiments of Salmeron and Maillard in relation to the Power of the Church in annulling secret Marriages some were of Salmeron's opinion and others with Maillard thought that the Power of the Church did not reach so far as to make a Marriage become unlawfull which was lawfull a very little before Amongst those who maintained that the Church had Power to annull Clandestine Marriages some disputed another Point to wit whether it be convenient and profitable to make use of that Power in the present time But most part thought it best that all secret Marriages should be invalidated and some went farther still and were for declaring null and void all Marriages
two Brothers the Duke and Grand Prior. He dealt earnestly with him also to employ his credit with the French Prelates that they would desist from pressing that the Institution of Bishops and their Residence should be declared of Divine Right But the Cardinal would not hear of it he continued stedfast in his design of staying at the Council and as he said of having matters concluded according to truth and reason Upon his return to Trent he bragg'd much how he had resisted the solicitations of the Cardinal of Ferrara but that was the last act of constancy and vigour that came from him for after that time he made so visible and considerable a compliance that he became the chief instrument which the Court of Rome employed for shaking and baffling the vigour of others However he seemed still to retain a little stedfastness in a Conference that he had with Cardinal Morone after his return from Hostia Cardinal Morone to sooth and flatter him told him that he wished he were at the helm of affairs and that he had the same Authority as the Legates had that farther more the Pope desired a Reformation and would set about it that none of the Articles which had been proposed by the several Nations were desired to be left out but those which related to the Court of Rome because the Pope would have the honour of Reforming himself The Cardinal was not catcht in that trap but made answer that saving the respect which was due to the Holy See what concerned the Reformation of the Cardinals and of the Court of Rome might be very well proposed in the Council But he continued not long in that style for the Cardinal received Letters from the Queen informing him that his presence would be far more necessary in France than at Trent she told him that there was no more good to be expected from the Council for France that all that could have been obtained from it would onely have been in order to reunite the French Protestants to the Church but that that was a thing not to be hoped for now since the peace with the Huguenots held good and that therefore the Pope was to be contented She wrote also to the Pope that she would order the French Prelates to concur in any thing that might tend to the speedy Conclusion of the Council and not to dispute his Authority any more From that time forward the Cardinal thought of nothing but of returning to France he was troubled to understand that the peace with the Protestants was like to hold for he mortally hated the Huguenots and feared the growth of the Party not so much out of Zeal for Religion as because he knew that that Party could not be Established but upon the ruines of his Family by reason of the irreconcilable hatred that was betwixt the Princes of the House of Guise and the Great men that were engaged in the interests of the Protestants He considered with himself that to support him against a Party which was like to gather new strength by a Peace he stood in need of the favour of the Pope and therefore he bent all his thoughts for the future to incline him to espouse his Interests by appearing to be wholly at his devotion A new Ambassadour from France comes About the same time the President de Birague the new French Ambassadour arrived and was received in the Congregation of the second of June But because in his Credentials he was not called Ambassadour all the Ambassadours of Princes who commonly come after those of France did not appear that they might not be obliged to take their places after him Birague presented to the Council a Letter from the King wherein he gave once more reasons for the Peace which he had concluded with the Huguenots still protesting that it was done in prospect of reclaiming to the Church those that were gone astray by a surer way than that of Arms that farther he expected that they would aid and assist him in that design by the Reformation which he had demanded and still did demand from the Council Birague's Harangue contained onely the same things somewhat more amplified and seeing the Legates knew what Birague was to say before they had heard him in the Council they were prepared to make an answer to his Speech by complements of condoleing that the King had been in a manner forced to make Peace with the Huguenots They farther added that they disapproved not what he had done exhorting him nevertheless that so soon as his Kingdom were in Peace he would endeavour all he could to cure the wound that Heresie had made in his Territories This answer was communicated to the Cardinal of Lorrain before it was given but he opposed it objecting that the Council ought not to approve the Peace which the King had made with the Huguenots seeing it was so prejudicial to the Church and that therefore they ought to take time to answer This advice was taken and the Legates made answer to Birague that the matters which he had proposed were so weighty that the Council desired time to give an answer to them but the French Ambassadours were extremely vexed with the Cardinal for this action They were about to have written to the Court concerning it but because Lansac was speedily to return they gave it him in Commission to make a report thereof to the King In the mean time the Congregations continued for Examining matters touching the Sacrament of Orders and the Prelates did not stick so closely to the point but that many times they purposely flew out into digressions In one of these Congregations the Bishop of Nimes discoursed freely enough against Annats and against several abuses of the Court of Rome amongst the rest against the Ordination of Priests who were admitted without examination or capacity In another Congregation the Bishop of Cadix a Spaniard shew'd the needlesness of Titulary Bishops whom he called figmenta humana an invention of the Court of Rome and what disorders these Bishops without Bishopricks caused in the exercise of the Discipline of the Church But seeing all the abuses introduced by Papal Authority found instantly Protectors among the Italians the Bishop of Sarzana a Tuscan rose up and defended the Cause of those Titular Bishops Another Spaniard Bishop of Lugo in Gallicia spoke against Dispensations and affirmed that it was not necessary to set Bounds to the Court of Rome as to that matter and to declare the invalidity of those Dispensations or rather that it is impossible to give Dispensations about most things that are so freely dispensed with About this time Angelo Massarelo Bishop of Tilesio in Abruzzo Clark of the Council being grievously tormented with the Stone resolved to be cut of it and desisted from officiating in Person as Clark and this removed one of the difficulties that have been mentioned which was that the Ambassadours of France and Spain having made great instances that he should
be assigned an Assistant for collecting the Acts because they questioned his fidelity they gave him for a Substitute another Italian the Bishop of Campagna in the Kingdom of Naples The first business that he did as Clark was to read the answer which was to be given to Birague of which the Legates had presented a Draught to the Council It was long and perplex'd and it did not therein appear whether the Fathers commended or blamed the action of the King of France in making Peace with the Huguenots The Prelates gave their Votes and the dark and ambiguous strain that it was framed in was cause of diversity of opinions The Cardinal of Lorrain approved it not which was a surprising matter because Cardinal Morone having shew'd it him he seemed to have been satisfied therewith In sine the matter was referred to the Legates and the two Cardinals Madruccio and Lorrain with power to frame that answer as they should judge most convenient A Clashing betwixt the Cardinal of Lorrain and the Archbishop of Otranto June the eleventh the Legates had a solemn consultation for finding out Expedients to settle the differences about the question of the Divine Right of the Institution of Bishops This gave the Cardinal of Lorrain who was present at the Consultation occasion to speak of the Authority of the Pope a question that depends naturally on that of the Institution of Bishops He touched by the bye the opinion of the French that the Pope is Inferiour to a Council declaring that it was not his desire that the Council should Pronounce in favour of that opinion but withall he wished that they would not decide any thing to the contrary The Archbishop of Otranto took him up sharply and spoke bitterly not onely against that opinion but against the Cardinal himself even so far as to accuse him of being the cause of all the troubles which had arisen about that Subject by proposing a project of decision that had given occasion to the debates The matter went so far that the Count de Luna told the Archbishop who was a Subject of the King of Spain that if his Catholick Majesty knew that he had fallen into that ill-timed passion he would not take it well A French Prelate hereupon gave the Legates advice not to call the Archbishop of Otranto any more to Consultations with the Cardinal of Lorrain because the Cardinal was informed that the Archbishop spoke ill of him on all occasions and spared not to call him a man full of Venome Cardinal Morone gave no heed to that advice but answered that he had orders from the Pope to doe nothing without the Archbishop that he had the disposal of forty Votes and that therefore he must not be disobliged The Cardinal of Lorrain was sufficiently vexed both with Cardinal Morone and the Archbishop of Otranto but the design he had of getting into the Pope's favour obliged him to dissemble President Birague having stayed for the Councils Answer as long as became his character went to wait on the Emperour at Inspruck according as he was enjoined by his Commission And his chief business was to confer with the Emperour about the means of transferring the Council unto a place where it might enjoy full liberty The Queen of France had written of that to the King of Spain who disliked the proposition but he wrote to the Count de Luna his Ambassadour that according to the Instructions which he had given him he should press the revocation of the Clause proponentibus legatis for setting the Council at liberty The Count de Luna having declared his Commission to the Legates they answered that the Clause had past with consent of the Council and that it could not be revoked At the same time the Pope was earnestly solicited at Rome to dispense with that Clause and at length to case himself of the trouble that was given him upon that account he wrote to Cardinal Morone that they should Supersede the execution of it but Morone without consulting his Collegues answered plainly that he could not and that he had rather his Holiness would recall them In the Congregation of the fifteenth of June the Prelates pitcht upon the fifteenth of July for the day of the next Session and in the Congregation next day after Another Discourse of General Lainez in favour of the Court of Rome Lainez the General of the Jesuits speaking in his turn undertook to censure and refute all that had been said by others against the Court of Rome And he did it so vehemently and with so much zeal as if he had been treating of matters whereupon the Salvation of mankind depended He made an Apology for Dispensations Annats the Wealth of the Court of Rome and for every thing that others called Abuses He proved the Pope's Superiority over a Council and advanced his Authority not onely over Bishops but the whole Church as far as could be imagined in the same manner as he had done in his former Harangue The French were disgusted at this discourse nor were the Spaniards better satisfied they were perswaded that the Legates had chosen him as their mouth to speak their thoughts for it was observed that they affected to show a particular respect for him When he spoke they made him come out of his place and sit in the middle of the Assembly whereas the other Generals spoke standing and kept themselves in their own places Lainez was never tedious though he had taken up the whole time of Congregations but the others were never short enough This Jesuit sent his excuses to the Cardinal of Lorrain and the French Prelates pretending that he had not the least design of offending them but that he onely aimed at the Sorbonne Doctors whose opinions were not agreeable to the sentiment of the Church This excuse gave a new offence to the French and particularly to the Divines John de Verdun a Benedictine Monk desired leave from the Cardinal to refute Lainez nay even the Cordelier Hugonis though bought by the Pope's Pension offered himself to prove that the proposition which Lainez had asserted that the Tribunal of the Pope is the same as that of Jesus Christ is an Impious and Scandalous Proposition But the Cardinal of Lorrain who had his private views and interests qualified the heat of their Zeal All these Difficulties and Janglings arose upon the Points of Residence and the Institution of Bishops being of Divine Right and therefore the Legates to stop up the Spring of the Divisions laboured incessantly to form a Decree concerning these matters which by its Ambiguity and by clearing nothing at all might give all content They did the Jobb and the Cardinal of Lorrain was satisfied with it but the Pope's Divines and Pensionary Prelates who outdid the Legates in the matter of Zeal for the interests of the Court of Rome found a thousand difficulties in it The draught of it was sent to Rome where they Judged as the
set about forming the Decrees and Canons concerning the Matter of Marriage against the next Session In the Congregation of the two and twentieth of July the Legates produced the Canons concerning the matter of Marriage much in the same form as they stand in at present There was no Difficulty about Marriage and the single life of Priests The Emperour King of France and Duke of Bavaria had indeed desired that Priests might be allowed to marry but when the Bishop of the five Churches the Emperour's Ambassadour and the Archbishop of Prague moved the Council to make some more reflexion upon that Point they were scarcely heard Nevertheless the Pope had but very lately before given fresh Promises to the Duke of Bavaria to give him satisfaction as to that matter because the People of his Countrey had made an Insurrection that they might obtain from their Prince the Restitution of the Cup and Permission for married men to Preach The greatest Debates were about Clandestine Marriages The French Ambassadours demanded that they should be declared null An hundred and thirty fix Votes were for it fifty six opposed it and ten would not declare for either side At length the Prelates agreed to Reform the Canon in the manner as now it goes that is that Clandestine Marriages are true Marriages and real Sacraments whilst the Church does not annull them that the Church hath always detested them and for the future declares that all who are Married or Betrothed without the presence of two or three Witnesses at least are incapable of contracting and that by Consequence the Marriage shall be null In the same Congregation the Canons and Anathema's were read the fifth of which Canons pronounces Anathema against those who maintain the Divorces which are permitted by the Code of Justinian to be lawfull that is to say such as are made upon the account of Heresie and refusal of Cohabitation The Cardinal of Lorrain got this Canon added to give a blow to the Calvinists who teach that the refusal of Cohabitation is a lawfull reason for a man to divorce from his Wife The seventh Canon condemns those who assert that Adultery dissolves Marriage At first it was proposed without Anathema out of some respect that still remained for the opinion of St. Ambrose and the Greek Fathers but notwithstanding that Consideration it was thought fit to add the Anathema In the following Congregations there was much Discourse about the Obstacles of contracting Marriage which spring from the Prohibition of marrying within certain remote Degrees not onely of natural but spiritual kindred such as Gossipships or the Relations betwixt Godfathers and Godmothers It was represented that in some places twenty Godfathers and as many Godmothers were sometimes invited and that it many times happens that such not knowing one another for Godfathers and Godmothers marry together without Dispensation and run into the Guilt of Sin Others said upon occasion of the Prohibition of Marriage within remote Degrees that People have not always by them Books of Genealogy so that having forgot their distant Kindred they marry within the Degrees and engage themselves into bonds which by the Laws of the Church are unlawfull They therefore demanded that all these Prohibitions might be abolished or at least that Bishops might have Power to dispense with them that so People might not be put to the trouble of writing or sending to the Court of Rome about matters of so small importance The Council had no great regard to these Remonstrances onely prohibited the multiplying of Godfathers and Godmothers But the Sticklers for the Court of Rome would not yield an Inch in Relation to Prohibited Degrees lest such Condescension might be looked upon by the Lutherans as a gaining of the Cause and might diminish the Revenues of the Pope And indeed it may be said that they made the Yoke of Dispensations heavier for it was ordained that no more Dispensations should be granted in Prohibited Degrees how remote soever they might be unless very pressing reasons required the contrary The Legates propose the Decree of the Reformation of Princes The Ambassadours oppose it This being done the Legates were obliged to propose the Articles of Reformation They offered thirty eight of them which related both to the Abuses committed by Princes in invading the Rights of the Church and the several Abuses that were crept into the Clergy The Cardinal of Lorrain who made it all his business to please the Pope and hasten the Conclusion of the Council advised the Legates to cut off the most part of these Articles and especially those that might meet with greatest Difficulty This Overture surprised the Cardinal of Warmia he could not conceive what was become of that great Zeal which the Cardinal of Lorrain in the beginning pretended for Reformation The Cardinal who perceived his Surprise told him that he ought not to look upon his Condescension as strange that he still retained the same Zeal and the same Intentions but that he had learnt by Experience that nothing was to be expected from the Council concerning Reformation These Articles were communicated to the Ambassadours of Princes and all of them made their several additions and observations according to the interests of the Masters Most of the Ambassadours observations tended to the curbing of the Pope's Authority and putting a stop to the Attempts upon the Ordinaries others drove at the lessening the Authority of Bishops and opposing the Encroachment of the Clergy upon the Civil Jurisdiction The observations of the French Ambassadours were the highest of all for they demanded that the number of Cardinals should not exceed twenty four that the Nephews of the Pope in being or of a Cardinal should not be promoted to a Hat that Cardinals should not possess Bishopricks that all Pretexts of holding several Benefices should be taken away that Criminal Causes of Bishops should not be judged out of the Kingdom that Bishops should have Power to absolve in all Cases that Preventions Resignations in favour Mandates or Mandamus's Reversions and all other unlawfull ways of obtaining Benefices should be abolished that Churchmen should meddle no more in Secular Affairs and that nothing should be done to the prejudice of the Laws of France and Liberties of the Gallican Church But all the Ambassadours agreed to demand a forbearance of handling the Articles of the Reformation of Princes untill another Session The Legates having gathered together all these observations assembled themselves with the two Cardinals Madruccio and Lorrain to consult what they should doe about them The Cardinal of Lorrain was still of opinion that all such Articles as might occasion Debate should be left out and particularly such as were like to be opposed by the Ambassadours The Legates sent to Rome the Articles which they had proposed to the Council with the Observations of the Ambassadours and whilst they waited for an answer on the Eleventh of August they began the Congregations for finishing and completing the Canons
Conspiracy of Amboise p. 283 A Council denied to the Emperour unless upon conditions which the Protestants would not accept p. 36 But afterwards granted upon conditions that are rejected by the Protestants p. 37 Called but in vain at Mantua and Vicenza p. 42 46 And then at Trent p. 52 Where with ten Bishops that were arrived the Congregation began to handle Preliminaries p. 65 The form of the Council of Trent and what had been that of ancient Councils p. 71 A Debate concerning the Title of the Council p. 74 About the Order p. 77 About the Seal to be used for Letters p. 78 To amuse the Council the Creed is published p. 79 But three moderate Divines at the Council p. 116 The Council is puzzled in forming Decrees and essays by their ambiguity to give all content p. 133 It is transported to Bologna under pretext of bad Air at Trent p. 166 And divided part of the Prelates removing to Bologna and part staying at Trent p. 167 c. It is opened again at Trent for the second Convocation p. 192 And suspended because of the War of Germany p. 245 The Pope has enough of Councils neither does the Emperour care for them p. 249 The Council opened again at Trent under Pope Pius IV. p. 311 It begins with the Books to be prohibited and the Indices Expurgatorii p. 313 It is publickly said that the Council is not the Council of the Vniversal Church but of the Pope p. 357 The Bishops complain that the Council is taken up about trifles p. 386 Some Bishops apparently ill satisfied with the Infallibility of the Council p. 393 A Letter from the Emperour to the Pope and Council about the Disorders of the Council p. 490 The Council ill satisfied with the Peace of Orleans that the King of France had made with the Huguenots p. 499 The Legates seek out means of concluding the Council speedily and the Count de Luna opposes it p. 441 New troubles are started p. 551 The Council precipitates to its end the Spaniards oppose it p. 572 Confirmation of the Council demanded of the Pope but all are not of that mind p. 575 The Council is confirmed by a Bull of Pius IV. p. 588 Croisades their Original p. 3 The Cup demanded by the French p. 304 And by the Germans about which the Divines give their Opinions p. 347 Both join in that point p. 355 The restoring of it to the Germans is moved p. 380 It is referred to the Pope p. 385 Cruelties practised in several Kingdoms against Protestants p. 256 D. DAnes Ambassadour of France comes to the Council and makes a long Harangue p. 106 Decrees made with a great deal of difficulty and affected Ambiguity to give all content p. 133 The Decrees concerning Penance opposed by the Divines p. 221 The Decree about the Reformation of Princes cause great Trouble v. Legates An abstract of that Decree p. 560 Degradations their Original and Progress p. 212 Diet of Nuremberg where the hundred Grievances were presented p. 17 Diet of Ratisbonne where a Decree past against Luther p. 18 Diet of Spire where Attempts were made to divide the Protestants p. 29 Diet of Ausburg where the Protestants present their Confessions and depart without accommodation though attempted p. 32 Another Diet as Spire where the Emperour gives a new Edict of Liberty till the next Council p. 54 Another at Ausburg where the Protestants promise to submit to the Council p. 171 There the Emperour makes the Interim and a Decree of Reformation p. 176 A Third Diet at Ausburg for composing the troubles of Religion p. 257 Where an Edict of Liberty is made which offends the Pope p. 261 A Diet at Naumburg in Saxony p. 293 Daily Distributions p. 332 Dominico à Soto and Luigi di Catanea both Jacobins and Thomists differ about the Point of Grace p. 128 E. EDict of Wormes against Luther p. 9. Edict of January in favour of the Protestants made at St. Germains en Laye p. 312 Edward King of England dies and Mary his Sister succeeds to him who restores the Catholick Religion p. 252 The Electorate of Saxony transferred to the Branch of Maurice p. 171 The Electour of Brandenburg sends his Ambassadours to the Council p. 215 Elizabeth Queen of England succeeds Mary her Sister and re-establishes the Reformation p. 274 Emperour v. Charles V. England during the Reign of Henry VIII shakes off the Pope's Authority without any innovation in Religion p. 39 The Catholick Religion is maintained there by Queen Mary 〈◊〉 the death of Edward her Brother to whom she succeeded p. 252 Episcopacy and Vehement Contests about the Point p. 413 c. 422 c. 435 c. 448. and elsewhere The Eucharist serves for matter to be treated in the tenth Session p. 170 Exemptions granted by the Pope in prejudice of Ordinaries p. 138 ExtremeVnction and Penance handled in the fourteenth Session p. 218 F. FArnese v. Paul III. and Octavio Farnese Du Ferrier Ambassadour of France learned in Antiquity p. 356 He speaks in Congregation after the Cardinal of Lorrain and his Speech nettles the Council p. 442 Another Speech of his after the reading of the French King's Letters in Council which acquainted the Fathers with his Victory over the Protestants p. 476 He protests against the Decree of the Reformation of Princes and makes a Speech which pricks the Prelates to the quick p. 561 Francis I. absolved by Pope Clement VII from the Oaths which he had taken in Prison p. 21 He dies p. 167 Francis II. dies and Katherine of Medicis his Mother assembles the States at Orleans p. 291 The French present their Memoires containing thirty four Demands p. 460 Frederick Electour of Saxony is made Prisoner wounded and condemned to death by the Emperour Charles V. p. 169 Can neither be moved by Prayers nor threats p. 171 Frederick Nauseus Bishop of Vienna sent to the Council with Paolo Gregoriani Bishop of Zagabria in Sclavonia by the King of the Romans p. 198 Free will handled in the VI. Session p. 125 G. GIacomo Cocco Archbishop of Corsou is of the mind that no opinion which could be interpreted in a sound sense should be condemned p. 133 Grace serves for matter to the Council in the VI. Session p. 113 Catarino's opinion about works that precede Grace p. 118 A Dispute about the Preparations to Grace and the Merit of Congruity p. 119 A Debate about the certainty that one may have of being in the State of Grace p. 123 The Thomists are divided about the matter of Grace â—il â—a p. 128 The hundred Grievances proposed to the Pope at the Diet of Nuremberg p. 17 The Grisons recall Thomas Planta Bishop of Coire p. 220 Gropper a Divine and Lawyer votes for the abolition of Episcopal Jurisdiction and Ecclesiastick Tribunals p. 210 He is refuted by Baptista Castello Promooter of the Council about the Subject of immediate appeal to the Pope p. 211 H. HEnry VIII King of