assembled in his own Territories and with his leave To hinder their making any definitions in spiritual matters or publishing them within his Dominions without their being first evidenced to him to be in nothing repugnant to Gods Word a thing he is to learn of them and without his consent first obtained whereby he assumes to himself in the Churches Consults a negative voice * To hinder also the execution of the Churches former Canons in his Territories so long as these not admitted amongst his Laws * Again when some former Church-Doctrine seems to Him to vary from Gods Truth or some Canon of the Church to restrain the just liberty of his Subjects I mean as to spiritual matters then either Himself and Council of State against all the Clergy or joined with some smaller part of the Clergy of his own Kingdom against a much major part or joined with the whole Clergy of his own Dominions against a Superior Council to make Reformations herein as is by them thought fit * Lastly To prohibit the entrance of any Clergy save such as is Arrian into his Kingdom under a Capital punishment who sees not that such an Arrian Prince justified in the exercise of any such power and so the Church obliged to submit to it must needs within the circuit of his Command overthrow the Catholick Religion and that the necessary means of continuing there the truth of the Gospel is withdrawn from the Church And the same it would be here if the Clergy within such a Dominion should upon any pretended cause declare themselves freed from obedience to their Ecclesiastical Superiors or by I know not what priviledge translate their Superiors Authority to the Prince § 25 Many of these Jurisdictions vindicated by the Church are so clearly due to her for the subsistence of true Religion as that several passages in many Learned Protestants seem to join with Catholicks in the defence of them of which I shall give you a large view in another Discourse Mean while see that of Dr. Field quoted below § 49. and at your leisure Mr. Thorndikes Treatise of the Rights of the Church in a Christian State and B. Carleton's of Jurisdiction Regal and Episcopal In the last place then this Bar was set by the Church against any Clergies making use of the Secular Power for remitting their Subjection to the Laws and Constitutions of their Ecclesiastical Superiors or for possessing themselves of any Ecclesiastical Dignities or Jurisdictions contrary to the Churches Canons § 26 Now then to sum together all that hath been said of these Subordinations of Clergy Persons and Councils so high as the Patriarchal for preserving a perpetual unity in the Church 1 First No Introduction or Ordination of inferior Clergy could any where be made without the approbation or confirmation of the Superior § 27 2 The several Councils were to be called when need required and to be moderated by their respective Ecclesiastical Superiors and matters of more general concernment there not to be passed by the Council without his consent nor by him § 28 without theirs or the major part of them 3 All differences about Doctrine Manners or Discipline arising amongst inferior persons or Councils were to be decided by their Superiors till we come to the highest of these the Patriarchal Council And in the Intervals of Councils the respective Prelates and Presidents thereof were to take care of the Execution of their Canons as also to receive and decide appeals in such matters for which it was thought not so necessary to convene a Synod amongst which the differences with or between Primates were to be decided by the Patriarch those with or between Patriarchs by the Proto-Patriarch assisted with such a Council as might with convenience be procured § 29 4 In clashing between any Inferior and Superior Authority when these commanded several things the Subjects of both were to adhere and submit to the Judgment and Sentence of the Superior 5 All these things were to be transacted in the Church concerning causes purely Ecclesiastical and Spiritual without the controulment of or appeal to any secular Judges or Courts under penalty of excommunication to the Clergy so appealing Now in such a well and close-woven Series of dependence what entrance can there be for pretended Reformations by Inferiors against the higher Ecclesiastical Powers § 30 without incurring Schisme Whether of I know not what Independents Fanaticks and Quakers against Presbyters or of Presbyters against Bishops Reformations which the Church of England hath a long time deplored or of Bishops against the Metropolitan and so up to the Prime Patriarch the supreme Governour in the Church of Christ And next What degree of obedience can be devised less I speak as to the determinations of matters of Doctrine than a non-contradicting of these Superiors Which obedience only had it been yielded by the first Reformers whatever more perhaps might have been demanded of them by the Church yet thus had the door been shut against all entring in of Controversie in matters of Religion once defined And though some still might themselves wander out of its Pale yet in their forbearing Disputes the rest of the Churches Subjects would have slept quietly in her bosom unassaulted and so unswayed with their new Tenents And perhaps those others also in time have been made ashamed of their own singularity when they were debarred of this means of gaining Followers and making themselves Captains of a Sect. CHAP. III. Of Councils General 1. The necessary Composition of them considered with relation to the acceptation of them by Absents § 35. This Acceptation in what measure requisite § 39. 2. To whom belongs the Presidentship in these Councils § 47. 3. And Calling of them § 47. § 31 THis from § 9. said of all inferior Persons and Councils and their Presidents so high as a Patriarchal of their several Subordinations and Obedience in any dissent due still to the superior Court or Prelate Now I come to the supreme Council Oecumenical or General the Rules and Laws of which may be partly collected from the former Wherein the chief Considerables are 1 The Composition of what or what number of persons it must necessarily consist 2 The President-ship in it and the Calling of it to whom they belong § 32 1st Then for the Composition It is necessary that it be such either wherein all the Patriarchs or at least so many of them as are Catholick with many of their Bishops do meet in person or where after All called to It and the Bishops of so many Provinces as can well be convened sitting in Council headed by the Prime Patriarch or his Legates Delegates are sent by the rest or at least the Acts and Decrees thereof in their necessary absence are accepted and approved by them and by the several Provinces under them or by the major part of those Provinces § 33 For a General or Oecumenical Council such as doth consist of all the Bishops of
Yet remain they still fettered with the Bonds of a third Obedience I mean Passive in a meek submittance to the Church's Censures And if they shall happen to be excommunicated by the Church and externally disjoyned from its Society yet is it by no means lawful for them after their publishing new Doctrines to proceed also to erect a new Altar or Anti-Communion against it But patiently undergoing its sentence and longing for their peaceable restorement to the former Catholick Communion which is alwaies but One and may not be divided they are to expect from God the vindication of his Truth and their Innocence Which so long as any suffers for he remains still internally a member of this former Society from which externally he is excluded Now by this third Obedience if the Churches Faith in some manner suffers yet its Unity at least will remain unviolated and not divided or torn by Schismes These things I have endeavoured to represent and perswade to the pious Reader in the former Discourses as also in the beginning and conclusion of this present Work have further pressed them Now from such a submission to a legal Church-Authority once gained the same is rightly demanded to that of Trent if this Council proved Legal And then by this Council once received and submitted to is an end put to the most and chiefest of the modern Theological Controversies and present Church-distractions This then is the Task of the following Discourse Of which I implore the Divine Majesty for a prosperous success only so far as it maintains a right and just Cause and so commit the Reader to the gracious Illuminations of his Holy Spirit THE CONTENTS CHAP. I. Protestant-Objections against this Council OBjected by Protestants 1. That the Council of Trent was not a General Council § 3. 2. That not Patriarchal § 4. 3. That not Free and Legal in its Proceedings § 5. 4. That Several of its Decisions are without or contrary to Scripture to Primitive Tradition and Tyrannically Imposed § 6. 5. That the Decrees of this Council touching Reformation were meerly Delusory § 6. n. 2. CHAP. II. Some General Considerations pre-posed 1. Of Inferior Councils The due Subordination and other Regulations of them § 9. 1. The several Councils at least so high as the Patriarchal to be called and moderated by their respective Ecclesiastical Superiors or Presidents and nothing to be passed by them without his or by Him without their consent § 10. 2. No Introduction or Ordination of Inferior Clergy to be made without Approbation or Confirmation of the Superior § 11. 3. Differences between Inferiors upon Appeal to be decided by Superiors and those of higher persons and in greater Causes by the Bishop of the first See § 12. where concerning his contest about this with the Africans § 13. n. 2. Yet that no persons or Synods co-ordinate might usurp authority one over another Nor all Causes ascend to the Highest Courts and many without troubling the Synod in its Interval to be decided by its President § 14. 4. Obedience in any dissent happening amongst Superiors to be yielded to the Superior of them The Concessions of Learned Protestants touching the Precedents § 16. 5. No Addresses or Appeals permitted from the Superior Ecclesiastical to any secular Judge or Court § 20. Where That the Church from the beginning was constituted a distinct Body from the Civil State § 21. And what seem to be her Rights and Priviledges as so distinct § 22. CHAP. III. 2. Of Councils General 1. The necessary Composition of them considered with relation to the Acceptation of them Absents § 35. This Acceptation in what measure requisite § 39. 2. To whom belongs the Presidentship in these Councils § 45. 3. And Calling of them § 47. CHAP. IV. I. Head Of the Generality and just Authority of the Council of Trent 1. That the Western Churches and particularly that of England are not freed from the subjection to this Council though it were not General if Patriarchal § 53. 2. Or if only so General as those times were capable of § 65. 3. That it is not hindred from being General by reason of the absence of the Greek Churches § 66. 4. Nor by reason of the absence of the Protestant-Clergy § 67. CHAP. V. 5. That this Council is not hindred from being General by the absence of the Roman Catholick Bishops of some Province or Nation § 69. Where 1. Of the reason of the Paucity of Bishops in some Sessions § 70. 2. Of the Ratification of the Acts of those Sessions by the fuller Council under Pius § 75. 3. Of the Acceptation of the whole Council by the absent Prelacy § 77. And particularly Concerning the Acceptation thereof by the French Church Ib. CHAP. VI. 6. That the Generality of this Council is not prejudiced by its being called by the Pope § 80. 7. Nor by reason of 1. The pretended Non-generality of the Summons § 82. 2. Or Non-freedom of the Place § 83. 3. Or the want of Safe-Conduct § 92. Where concerning the Doctrine imputed to the Roman Church That Faith is not to be kept with Hereticks § 93. And of the practice of the Council of Constance § 101. CHAP. VII 8. That this Council is not rendred illegal by the Oath of Bishops taken to the Pope § 105. 9. Nor yet by the Bishop's or Pope's being a Party and Judges in their own Cause § 113. 1. Not by the Bishops their being Judges Ib. Where Of several waies of judging Ecclesiastical Controversies justly rejected § 118. 2. Nor by the Pope's being Judge § 122. CHAP. VIII II Head The Invalidity of such a Council as Protestants demanded The Protestant-Demands § 127. The unreasonablness of these Demands § 132. Where Of the fruitlesness of many Diets framed according to Protestant-Proposals to decide their Controversies CHAP. IX III Head Of the Legalness of the proceeding of this Council 1. That a Council may be Legal and Obligatory in some of its Acts 2. That no Decree concerning Faith was passed in this Council where any considerable party contradicted § 128. 3. That there was no need of using any violence upon this Council for the condemning of the Protestant Opinions in condemning which the Fathers of this Council unanimously agreed § 150. 4 That no violence was used upon the Council for defining of Points debated between the Catholicks themselves § 152. Where Of the Councils proceedings touching the chief points in debate Touching 1. Episcopal Residency Jure Divino § 153. 2. Episcopal Jurisdiction Jure Divino § 154. 3. The Popes Superiority to Councils § 155. That these three Points of Controversie however stated are of no great advantage to the Reformed § 156. 5. That no violence was used upon the Council for hindring any just Reformations § 157. CHAP. X. 6. That no violence was inferred upon the liberty of the Council as to the defining any thing therein contrary to the General Approbation By 1. The Popes Legats proposing
482. Most of these Objections you may find after Soave urged by Archbishop Lawd § 27 c. and reinforced in his Defence by Mr. Stillingfl p. 2. c. 8. By B. Bramh. Vind. c. 9. By Dr. Hammond of Her § 11. and many others whether with more force and advantage than is here set down I must desire you to consult the Authors § 7 These are the principal Exceptions occurring in later Protestant-Writers against the Council of Trent Now I desire your patience to hear on the other side what may be said for it Which Council being by reason of the subjection of the Clergy to so many supreme and independent Princes with so much difficulty conven'd not finally concluded till 18 years after its first sitting interrupted by sickness interrupted by wars managed under several Popes of several inclinations and under often-changed interests of most warlike and rival Princes according to their several advantages or disgusts who now sent now withdrew their Bishops and desired to model its Decrees to the content of their Subjects and secular Peace in their Dominions It must needs encounter great diversity of Accidents and not always retain the same face security frequency splendor and reputation nor the same purity and dis-engagement from secular affairs and national obligations Again * Sitting in the time and for the composing of the greatest and the most powerful considering the engagement of the common people as well as of Princes separation and division that ever was in the Christian Church which departed also from the former unity in so many points of Doctrine and Discipline as never did any before and * driving two main designs at once the reformation of manners in the Church and its Governors and the confutation of errors in the Sectaries It must needs be liable to many Intestine as well as External affronts and hinderances from all sides and in so many decisions seem to some to commit not a few oversights But yet notwithstanding all these Intrigues and all that is produced against it I see not but that both its Authority and Integrity may be rationally and justly vindicated § 8 The Considerations upon it for the more orderly proceeding in them I shall reduce to these Heads 1. Concerning the Generality 1. Liberty and just Authority of this Council or of the persons constituting it to oblige the Churches Subjects 2. or especially those of the West 2. Concerning the Invalidity and also probably the uneffectiveness of such a General Council as the Protestants in stead thereof demanded and as should be limited with all the conditions they proposed 3. Concerning the Legal Proceedings of this Council of Trent 3. especially as to those matters which respect the Protestants 4. 4. The many Definitions and Anathema's of this Council and its pretended-new Articles of Faith 5. 5. Concerning the many Constitutions and Acts of great consequence passed in this Council and confirmed by the Pope for the Reformation of several corrupt practices and disorders observed in the Churches Government or Discipline CHAP. II. Of Councils inferior to General The due Subordinations and other Regulations of them § 9. 1. The several Councils at least so high as the Patriarchal to be called and moderated by their respective Ecclesiastical Superiors or Presidents and nothing to be passed by them without his or by Him without their consent § 10. 2. No Introduction or Ordination of Inferior Clergy to be made without Approbation or Confirmation of the Superior § 11. 3. Differences between Inferiors upon Appeal to be decided by Superiors and those of higher persons and in greater Causes by the Bishop of the first See § 12. where concerning his contest about this with the Africans § 13. n. 2. Yet that no persons or Synods co-ordinate might usurp authority one over another Nor all Causes ascend to the Highest Courts and many without troubling the Synod in its Interval to be decided by its President § 14. 4. Obedience in any dissent happening amongst Superiors to be yielded to the Superior of them The Concessions of Learned Protestants touching the Precidents § 16. 5. No Addresses or Appeals permitted from the Superior Ecclesiastical to any secular Judge or Court § 20. Where That the Church from the beginning was constituted a distinct Body from the Civil State § 21. And what seem to be Her Rights and Priviledges as so distinct § 22. § 9 COncerning the first Head to discern more clearly the true State of this Council assembled at Trent It seems necessary that I first give you a brief account of some things more generally appertaining to these Ecclesiastical Courts Of Councils then assembled as need required for deciding Controversies enacting Laws and preserving the Peace of the Church Catholick which is but one throughout the world there have been always used in the Church these several Kinds or Compositions subordinate in Dignity and Authority one to another 1 Episcopal or Diocesan 2 Provincial 3 National 4 Patriarchal and 5 Oecumenical or General Of which Councils the first Pattern under the Gospel was that held at Jerusalem Act. 15. A. D. 51. Amongst these the lowest Synod or Ecclesiastical Council for governing the Church was Episcopal or Diocesan taking the word in its modern sence consisting of the Bishop of any particular Diocess and his Presbyters the Bishop calling them together and moderating the Assembly the Actions and Decrees of which Synod were appealable from and liable to the Judgment and Censure of an higher Council The next Council was Provincial consisting of all the Bishops of a Province in which were many Diocesses called and moderated and its Decrees executed by the Metropolitan The next Synod to whom also the Actions and Decrees of this Provincial were subject was National consisting of the Metropolitans of several Provinces with their Bishops called and moderated by the chief Primate in such a Nation such were several of the Affrican Councils and particularly that held under S. Cyprian de Baptizandis Haereticis there being of these Provinces or greater Circuits six in Affrick and so many Primates or primae Sedis Episcopi of whom the Chief was the Bishop of Carthage The next a Council Patriarchal consisting of the Metropolitans c. of divers Kingdoms and Countries which were contained under the same Patriarchy this called and moderated by the Patriarch The last and supremest is a Council Oecumenical or General to which I should proceed next to shew you of what persons it is to consist who is to call who is to preside in to regulate and ratifie it c. But this I shall defer till § 34. And because the Regulation and Government that is for the necessary preserving of the Churches firmer Peace and Unity established and observed in these lower Councils is by their being more frequently held much better known and also freely acknowledged by Learned Protestants I will first give you some further Account of this that so you may make
se non deposituros eum si haereticum esse couvincant as Bellarmin †answered long since to this scruple only they swear to defend and promote all De Concil l. 1. c. 21. not to be in any action or plot against any of his legal and Canonical for this is alwaies understood in oaths Rights Authority Priviledges c Now what offence here what restraint of any lawful liberty For an Oath taken in general to all the Canonical rights of the Pope and not specifying any in particular leaves the Bishops and the Council in perfect liberty to dispute examine and determine what are his Canonical and rightful priviledges what not leaves them liberty to question his Supremacy so far as he seems to them to claim any such in causes or over persons Ecclesiastical not appearing by divine right or Church-Constitution due unto him and generally in liberty to question as Bellarmin observes his commanding or practising things they think unlawful And indeed the Bishops in Trent sworn to maintain all his lawful yet did dispute some of his pretended Rights and Priviledges and after much debate left them unstated Nor did the Pope or his Legats though willing enough to have prevented such agitations yet plead any obligation in the Episcopal Oath against them This Oath therefore obliging only to the observation of the former Divine and Church-Laws concerning the Papal Dignities can be no more prejudicial to the liberty of Councils than the former Laws and Canons are prejudicial thereto § 109 4 ly Bishops not sworn yet still remain obliged to the observance of all such Canons so that such Oath is not the addition of a new but the confirmation of a former obligation which 4. when our Superiors for their greater security call for we cannot justly deny 5 ly Yet neither do such obligation nor such Oath laid on Bishops taken singly restrain their liberty § 110 when met in a Council but that they with the present Popes consent 5. may then altor and change those Canons and so their obligation to them No more than a Princes or his Subjects swearing to the observance of the civil laws of a Nation hinders these when met in Parliament to abrogate any law or enact the contrary all oaths to laws have this tacit limitation viz. till those who have the authority shall think fit to repeal them And in the consecration of the Reformed Bishops in England the Oath imposed upon them of obedience to the Archbishop is conceived to be unprejudicial to the liberty of their Synods § 111 6 ly If in this Oath any thing was sworn that was unlawful the Bishops 6. so soon as this unlawfulness appeared to them from that moment without any dispensation were discharged from the observance thereof as Luther and Bucer so soon as it seemed to them unlawful thought themselves quitted from the same or the like Oath formerly taken when they first entred into a religious Order but if nothing was sworn in it but what was lawful why complain the Reformed of this Oath § 112 7 ly Did this Oath of the Bishops lay some restraint upon their liberty it would be only in one point of the Protestant Controversies 7. that concerning the Popes Supremacy but would leave it free as to all or most of the rest Neither see I what influence their swearing to maintain the Popes just Priviledges could have upon their votes in the points of Justification Transubstantiation Invocation of Saints and the like For if this be named one of his privileges that their decrees in these points are invalid unless by him confirmed yet there is no reason that this should incline them at all to vote in these contrary to their own judgment 1 st Because omitting here the obligation they have to promote Truth upon whatever resistance they have no cause to presume his Judgment in such points especially after their Consultations would be different from theirs Or 2 ly Because if they knew it would differ yet they understood also that without the Concurrence of their Judgments his likewise is rendred invalid and not able to establish any thing wherein they dissent As in some affairs of this Council it so happened This for the Oath to pass on to others § 113 9 ly Whereas it is pretended that the Bishop of Rome who presided and those Bishops who sat in the Council were a party and Judges in their own cause 9. As for instance the controversies that were to be decided being between these two parties Protestants and Roman Catholicks that those of the Council were all Roman Catholicks and the Protestants not permitted to have with the rest any decisive vote Again the Protestants accusing the Roman and other Western Churches of many corruptions both in their doctrine and in their discipline yet that this Council was made up of the Bishops of those Churches which were thus accused Again one controversie being against the superiority of the Order of Bishops to the Presbytery that therefore in this the Bishops were clearly a party Another controversie being against the Popes Supremacy and particularly against his authority of calling and presiding in Councils that therefore in this the Pope was a party Besides that his stiling the Protestants hereticks before the Council renders him in it no impartial nor unprejudiced Judge in their cause I say neither do these pretences hinder this Council supposing it composed of so many Bishops of the Catholick Church as are necessary to the constitution of a General Council or of so many Bishops of the Western Churches as are necessary to the constitution of a Patriarchal from being a lawful Judge in these controversies and the acts therof obligatory to all nor hinder not the Pope from presiding there Where 1 st To consider the legality of the Synod as it consists of such Bishops § 114 And 1 st Here we find that all Heresies and Schismes have had the same plea against the former Councils 1. as the Reformed against this of Trent namely that the contrary party the accuser or the accused was their Judge All the Christian Clergy was once divided into Arrians and Anti-Arrians or Nestorians and Anti-Nestorians as in the times of the Council of Trent it was into the Protestants and Roman-Catholicks and the Arrians then accused the Catholick Bishops of their corruption of the doctrine of the Trinity as the Protestants did now the Roman Catholicks of several corruptions in doctrine and discipline Yet so it was that the Arrians were condemned by the Anti-Arrian Bishops as being the major part neither were they allowed any other Judge save these and this a Judgment approved by the Protestants Nestorius Bishop of Constantinople on the one side and Celestine Bishop of Rome and Cyril of Alexandria on the other side counter-accuse one another of Herâ—sie yet was Nestorius sentenced and condemned in the 3d. G. Council by Celestine presiding there by Cyril his Substitute Dioscorus Bishop
of Alexandria and the Eutychian party had great contest with the rest of Christian Bishops Anti-Eutychians proceeding so far that Dioscorus with his party presumed to excommunicate Leo yet was he and his party judged and condemned by the Anti-Eutychian party being a major part in the 4th G. Council the same Leo presiding there by his Legats and Dioscorus though the 2d Patriarch being not permitted to sit or vote in the Council And these Judgments approved by the Protestants Arius an Alexandrian Presbyter and Alexander the Bishop there had much controversie between them and accused one another before the Council of Nice yet Alexander in that Council sate as Arius his Judge amongst the rest and gave his definitive vote against him And doubtless had Arius been a Bishop and the major part of that Council Arian Arius should have judged Alexander in the same manner Allowed examples in this kind might be alledged infinite 2 ly Now to shew §. 125. n. 1. that such judgments are lawful and obligatory notwithstanding that the Judges are a Party 2. formerly accusing and accused by the other of corruptions errours usurpations c. I beg these three things to be granted me having elsewhere sufficiently secured them 1 That the Church is delegated by Christ as the supream Judge on earth for all â—heological and Spiritual matters secure for ever not to erre in necessaries and that as a Guide 2 ly That the judgment of the Bishops and chief Pastors of the Church as being at least by Ecclesiastical Constitution and common practice of former Councils as appears by the subscriptions to them established the Representative thereof is to be taken for that of the Church or else the judgement of all former Councils even of the four first may be questioned 3 ly That the vote of the major part where all consent not in the same judgment must conclude the whole both for those Bishops sitting in the Council and those Bishops absent that accept it Which Judge §. 115. n. 2. that hath been of all former ages by whom Christians have been settled in truth against all former Heresies Arianism Nestorianism Pelagianism c. if any because he finds it not to suit with the late Reformation will now reject let him tell us what other Judge he can put in their place For if this ancient and former Judge must be supposed contrary to our Lords Promise deficient in necessaries and incident into Heresie Blasphemy Idolatry and then if a few of these ecclesiastical Governours surmising this against many a few Interiors against many their Superiors only after they have first made their complaints to them and propounded their reasons and been rejected may then apply themselves to procure the assistance and power of the temporal Magistrate one who may be seduced also and assist in a wrong cause and so may first sit down in the Chair and judge of the wilfulness and obstinacy of these others in defence of their supposed errors and crimes and then may proceed to a reforming of the Church or some part thereof against them things which a late opposer of this Council †Mr. Stillings p. 478.479 is necessitated to maintain will not thus the revolution of judging and governing in ecclesiastical affairs proceed in infinitum and necessarily bring in a confusion of Religion's as some Countreys have had late experience For This second Judge and Reformer and this Secular Magistrate are liable also to Heresies Blasphemies Idolatries And then how is there any remedy of these crimes and errours unless there may be also a third Judge allowed to reform against them and then may not the Superiors and major part again take their turn to reform these Reformers And where will be an end of this Controversie who shall last decide Controversies Every Judge that we can set up being also a party and so to leave his Chair after that there appears another to question his judgment But if we are to stay in some judgment to avoid such confusion where more reasonably can we rest than in the three former Proposals § 116 And from them it will follow 1. That those who are no Bishops must be content not to be Judges or to have definitive votes in Councils and if any such have a controversie with or against Bishops must be content after their best informations preferr'd to the Order to be judged by the same Bishops who 't is probable upon some new evidence may alter their former sentences But yet suppose the Inferior Clergy admitted to have Definitive votes I see not what the Protestants can advantage themselves thereby as long as if any inferior Clergy all must have so and the greater number give law to the fewer For the inferior Catholick-Clergy in the time of the Council of Trent far out-numbred the Reformed § 117 2. Again from them it follows That if the Bishops are appointed the sole Judges of such matters and causes they do not cease to be so upon any either interest or siding which they may be shewed to have in the cause And indeed if we consider * their former common Tenents and practises in those things which upon some opposition they meet afterward to judge * to what side of a controversie the major part of them hath formerly inclined or also declared for it something of what they judge tending to their Honour another to their Profit another to their Peace in some sence they may almost alwaies be said to judge in their own cause or on their own side So when ever they are divided into two opinions or parties who ever of them judgeth here and none may judge beside them judgeth in his own cause And so it is when any one opposeth the Church in any of her Traditions or Doctrines formerly owned by her For instance when one opposeth the Order of Bishops the just obligation of the Churches Decrees questioneth * whether the Church-Governours succeeding the Apostles hold such or such their authority immediatly from Christ independent on secular Princes * Whether the receiving of Holy Orders be necessary for administring the Sacraments * Whether Tithes be due jure divino In all these we must say that the Church is appointed by God Judge in her own cause Or if in some of these things not the Clergy but the Laity be the right Judge yet so we still make him who judgeth to judge in his own cause and in a matter wherein he is interessed whilst he so much againeth in those things as the other loseth Of this matter thus Mr. Chellingw †p. 60. In controversies of Religion it is in a manner impossible to be avoided but the Judge must be a party For this must be the first Controversie whether he be a Judge or no and in that he must be a party § 118 But now suppose judging in their own cause must by no means be allowed to any and so the Church about any difference being divided
remaineth subject unto it that it was never so great nor so soundly rooted Thus he To which may be added the like passage in Mr. Stillingfleet †Rat. Account p. 480. I suppose from this Historians Detractions too confidently followed who tells his Readers That the Pope was still in a bodily Fear till the Council was ended to his mind But then what rejoycing that they had cheated the world so that that which was intended to clip the wings of the Court of Rome had confirmed and advanced the Interest of it § 204 But I suppose it will be sufficient in answer to both to give you the Confessions of the same Soave in the latter end of his History to make appear how untruly these things are said in the beginning For after the Council now ended and a Confirmation desired from the Pope of these its acts the authority of Bishops was found to be so much enlarged by the Council and the former exercise of the Popes Authority though all done with a Salva authoritate Apostolica sedis so much pared the priviledges of the Cardinals and gains of the Court of Rome by the restraints of Appeals of Dispensations of Pluralities of Non-Residence Exemptions Pensions Elections c. so much diminished that the Pope though of himself much inclined to a General Confirmation with his Cardinals and Court is related by Soave to have long time deliberated whether the Articles of Faith only should be accepted and confirmed and those of Reformation rejected or moderated To give you these things rather in his own words which may serve as an Antidote to the former L. 8. p. 814. He saith That the Court understanding that the Pope was resolved for the Confirmation changed their joy into grief and all the Officers complained of the loss they should receive in their Offices if that reformation were executed That Supplications also and Memorials were given to the Pope by those who having bought their Offices and foreseeing this loss demanded Restitution That the Pope having diligently considered hereof deputed eight Cardinals to consult upon the Confirmation and to think upon some remedy for the complaints of the Court. That these Cardinals were almost all of opinion that it was fit they should be moderated before the Confirmation And that it was certain that they who did procure the Council had no aim but to pull down the Popes authority and while the Council did last every one did speak as if It had power to give laws unto him where you see what freedom the Council took At last that satisfied with two speeches the one of Cardinal Amulius the other of Hugo Buon Compagno perswading him and the Court that by dispensing with its acts or giving what interpretations to them he pleased he might provide for his Ministers and Servants and accommodate things to that which might be for the benefit of the Church without violating the Decrees of the Council because in them the Apostolick authority is still reserved the Pope proceeded to confirm them entirely § 205 To verifie some part of which Relation of Soave concerning the reluâ—tance of the Popes Court not without great cause if an eye may be had only to gain I may add what Pallavicino writing but the other day and well acquainted with the present state thereof relates concerning it †That as to Favours and Dispensations Introduct c. 10. formerly granted from the Apostolick See this Council hath so far moderated the use of them that if the Pope will observe these laws the fountain of his beneficence is dried up for one half And that although he hath still a power to dispense with these laws yet the Popes for their Conscience and Honour sake require for the most part such pressing Motives and so rarely happening of doing this that their Concessions in such matters as are prohibited by the Council do not amount to the 20th part of those formerly accustomed And that the same thing also happens * in the Causes primae instantiae as they phrase it that are brought to the Court of Rome And * In those priviledges or exemptions by which many particular persons withdrew themselves from the Jurisdiction of Bishops which was no less than rendring many the immediate Subjects of the Tribunals of the Pope and finally * in all those affairs concerning which the Council grants power to the Bishops that they shall proceed in them as Delegats of the Apostolick See which as to the advancing of the Bishops power amounts to the same as if they dispatched them in their own right without any such formality Thus he And again l. 23. c. 12. n. 5. To Soave †objecting That the leaving the cognition l. 8. p. 792. and termination of several causes to the Bishops Tribunals without any more Appeales to Rome ordered in the 20th Chapter of Reformation Sess 24. was quite destroyed by the exception there added Ab his excipiantur causae quas ex urgenti ration abilique causâ judicaverit summus Romanus Pontifex per speciale Rescriptum Signaturae sanctitatis suae manu propria subscribendum committere aut avocare he answers thus That though the Pope may still call to himself what causes he thinks fit so he passeth this first under his own hand and seal yet that the former faculty of his Officers to call such causes to him though in his name yet without his knowledge or subscription was now ceased by this new Order And That if it be numbred as that is easily counted which is seldom done How many Commissions of this kind are signed by the Pope in a year for the whole Circuite of Christianity if these rise to three or four yearly it is acknowledged very much 〈◊〉 Thus he of the former Income to the Court of Rome much diminished and of the Acts of this Council after the decurrence of an hundred years as to this matter still retaining their primitive vigour publishing these things in that place where in matters so obvious and evident his credit must suffer very much by any falsification But on the other side the Episcopal authority in this Council was so much increased by the Popes and the Councils committing many both persons and affairs before exempt and reserved to their inspection and Government as which Bishops being at a nearer distance could better discern and attend them that the King of Spain said of his That they went to the Council as so many Parish Priests but returned from it so many Popes § 206 Next the Decrees themselves concerning Reformation which in a few hours you may read deliberately over and where especially I would recommend to you the view of those made under Pius and amongst these those chiefly of the 24th Session I say the Decrees themselves do shew the great service which this Council hath done to the Church at that time much relaxed and languishing in its Discipline partly by reason of its non-execution of former necessary Church-Canons
partly by other abuses not provided against by any former laws and now growing intolerable In all which matters a much better face of Ecclesiastical affairs appears at present through the Influence which this Council hath had upon the succeeding times And much have those ungrateful Detractors to answer to God by whom the Good of this great Body of the most sacred of Magistrates hath been not only so little acknowledged but so evil spoken of § 207 It would be too tedious to recite to you all the particular Acts of this Council wherein it hath repaired the former decayes but perhaps not unnecessary in such an ungrateful age to relate and clear some of the chiefest The manners and customs of the Church that chiefly in those times were imagined to give cause of just complaint seem to be 1 st Concerning the Pope and Court of Rome 1. α. The Avocation of so many Causes and admission of so many Appeales without ascent as formerly through inferior Courts especially those of Diocesan and Provincial Synods β. And the reservation of so many Licences and Dispensations to the Apostolick See and Court of Rome These not to be prosecuted or procured without great charge Nor the Judge at so great a distance capable of so true and exact informations either touching the person or cause 2. γ. The Popes Collation of Bishopricks and other spiritual Benefices in forraine States where the Merits of such persons as are most fit and capable of them are little known to him 3. δ. The imposing of Pensions on such spiritual Benefices ε. or giving them in Commenda ζ. Or uniting many of them into one without any necessity So to furnish Favourites with a superfluous wealth and hidden Pluralities 4. η. The Exemptions of so many persons and Societies from Episcopal Jurisdictions which Bishops by their vicinity of Residence are the fittest rectifiers of all disorders 5. θ Several abuses committed by the Persons publishing Indulgences and collecting the Charities of Christians for pious uses § 208 I name not here amongst these Grievances the Popes Annats in lieu of the Tenths of Tithes or other constant supports received from the inferior Clergy out of the several States of the Westerne Church because it neither seemed just to the Council to deprive him of them nor to the Secular Princes in their many Articles of Reformation proposed to request it See those of the Emperor Soave p. 513. of the King of France p. 652. as they well seeing that it was necessary for this General Father of the Church both to have wherewith to maintain so many Officers in his service whether at home or abroad as the Church affairs passing through his hands required and wherewith also to reward their pains And if the ancient Bishops of Rome managed these great affairs with a much smaller Revenue yet it must be granted 1. Both that much less was then necessary by reason as well of the much narrower extent of Christendome as also of the union of most of it in those times under one Secular Power the Emperour whereas now the preservation of the unity of Catholick Faith and necessary correspondence between the Members of this Church so much more diffused and residing in so many States of a contrary temper gives much more trouble and charge to the supream Head thereof And 2ly Must be granted also That by the want then of the present subsistence whilst the Pope was the Emperors temporal Subject both many inconveniences and injuries were suffered and many Benefactions hindered This of the Complaints concerning the Pope and his Court. 2. Concerning the Clergy 1. unfit persons elected into Bishopricks and other Ecclesiastical Benefices § 209 without a sufficient pre-examination of their learning and manners 2. λ. Pluralities of Benefices where these singly afford a maintenance sufficient whilst other worthy persons are destitute and the mis-expence of such ample Church-Revenue on their Secular Relations 3. μ. Non-Residence where having the care or charge of souls 4. ν In their Residence Neglect of frequent Preaching and Catechising And Their not celebrating at least part of the Divine Service nor teaching the ignorant the Mysteries of Religion in the vulgar tongue 5. ξ. Their being restrained from marriage and in Celibacy their frequent incontinency and violation of Chastity 6. Ï€ Their withholding the Communion of the Cup both from the Laity and themselves when not officiating 7. Ï. Their too common use of Excommunication applying many times the severest of the Churches Censures to the smallest Delinquencies 8. σ. To which may be added the many disorders then observed in Regulars and Monasticks 9. Ï„. The correction necessary of several things in the Missals and Breviaries and bringing them to a greater uniformity § 210 Concerning these and several other grievances see the Articles of Reformation proposed by the Emperors Agents before the 21. and 24. Sessions in Soave p. 513 and 751 and by the French before the 23. Session in Soave 632. These therefore the Council took into due consideration and rectified what they judged amiss * so far as that Iron-age would permit of which the Council thus complains Sess 25. De Reform Regul c. 21. Adeo dura difficilùque est praesentium temporum conditio ut nec statim omnibus nec commune ubique quod optaret remedium posset adhiberi and * so far as the National parties in the Council inured to several customes and injoying different priviledges without the making of a schisme could agree upon rectified I say so far as their Ordinations strengthened with severe penalties could do it But the constant execution of these depends on others whose diligence or supineness herein must needs produce in the Church contrary effects and also the necessity of leaving their Canons upon just occasions all which no law can fit dispensable must also leave open a passage to such Governours as are corrupt or negligent of doing this without a reasonable cause § 211 1st Then for those matters that concern the Pope and Court of Rome See the many Decrees in this Council wherein the Bishops are substituted as perpetual and standing Delegates of the Apostolick See for the Execution of them and the former Reservations remitted though this to the great diminution of the Revenue of the Pope and his Officers as hath been said †Such Decrees are § 205 Sess 5. c. 1 2. De Reform Sess 6. c. 4. Sess 7. c. 6. Sess 13. c. 5. Sess 21. c. 5 8. Sess 22. c. 5.8 Sess 24. c. 11. And very many others In which matter though the Bishops are impowred as Delegates of the See Apostolick because the point whether Bishops hold their Jurisdictions as to the exterior and forensick exercise thereof in and over such particular things and persons immediatly from Christ or from the Pope was indeed much agitated in the Council but on no side determined Yet so it is that a possession they have now of several branches of such Jurisdiction since
whilst it is thus obeyed it only not he that sheweth it unto us is obeyed And if this were all the obedience that I owe unto others I were no more bound to believe or obey any other man than he is bound to obey or believe me The Flock no more bound to obey the Pastors than the Pastors them Yet certainly God who hath set Kingdoms in order is not the Author of such confusion in the spiritual regiment of his Church Thus Doctor Jackson tying all to obedience or submission to the judgment of their spiritual Guides save only those who are certain of a formal contradiction between God's Laws and their Injunctions To this may be added that much noted place of Mr. Hooker in his Preface to Ecclesiastical Policy §. 295. n. 4. § 6. commenting there on Deuteron 17.8 c. where it is said ver 11. According to the sentence of the law which they shall teach thee and according to the judgment which they shall tell thee thou shalt do thou shalt not decline from the sentence which they shall shew thee to the right hand nor to the left God was not ignorant saith he that the Priests and Judges whose sentence in matters of controversie he ordained should stand both might and oftentimes would be deceived in their judgment However better it was in the eye of his understanding that sometimes an erroneous sentence definitive should prevail till the same authority perceiving such oversight might afterwards correct or reverse it than that strifes should have respit to grow and not come speedily to some end And here he answers the objection that men must do nothing against conscience saying Neither wish we that men should do any thing which in their hearts they are perswaded they ought not to do But we say this perswasion ought to be fully settled in their hearts that in litigious and controverted causes of such quality the will of God is to have them to do whatsoever the sentence of judicial and final decision shall determine yea though it seem in their private opinion i. e. according to their own reason and arguments drawn à parte rei to swerve utterly from that which is right as no doubt many times the sentence amongst the Jews did unto one or other part contending And yet in this case God did then allow them to do that which in their private judgment seemed ' yea and perhaps truly seemed that the law did disallow For if God be not the Author of confusion but of peace c And again Not that I judge it a thing allowable for men to observe these laws which in their hearts they are stedfastly perswaded to be against the law of God But their perswasion in this case i. e. where their Superiors have determined otherwise they are bound for the time i. e. till the same Authority reverse it and release them to suspend c. unless they have an infallible Demonstration Thus he Where you see he grounds their yielding to Authority and changing their former perswasion upon an non-certainty of such perswasion As for his limited expression before in litigious and controverted causes of such quality whatever he meaneth thereby the Commission and Injunction Deut. 17. extends to all litigious and controverted causes whatsoever As also it is more clearly drawn 2 Chron. 19.5 8 10 11. Where it runs What cause soever shall come to you of your brethren between blood and blood between law and commandment statutes and judgments ye shall c. And note also that the command Deut 17.10 Thou shalt observe to do according to all that they inform thee requires not only a passive willingly paying mulcts or undergoing punishments but active obedience Again an active obedience not only in doing something thought by me lawful but to which I think I am not obliged but in doing also of something where the lawfulness of it is questioned by me which thing also here by the text I am to do if they command me And therefore after such Injunction I ought to alter my former perswasion concerning it and to believe either that in general it is lawful to be done or at least lawful to be done by me not certain of the contrary rebus sic stantibus and such sentence past § 296 To all these testimonies concerning the obligation which illiterat and ignorant or also though learned after much examination doubting and unsatisfied persons have to submit their judgment to Church-Authority I may add the apparent mischiefs which follow the contrary observed amongst Protestants neglecting this duty from the beginning of the Reformation Luther himself much lamenting the divisions he saw among his Disciples even in his own daies Ego saith he †Prefat comeut in Galat. qui jam sum in ministerio Christi viginti annis quanquam nihil sum vere possum testari me plus quam viginti sectis esse petitum c. And in Gen. c. 6. published not long before his death Quantum sectarum excitavit Satan nobis viventibus Quid futurum est nobis mortuis Profecto tota agmina Sacramentariorum Anabaptistarum Antinomorum Servetianorum Campanistarum c. And himself also is much noted for his varying from himself in his opinions often changed But still these divisions are more apparent in the longer course of his Schisme which daily multiplies and brancheth its self into more and more clefts and sects and some of them most gross and ridiculous and for which it is hard to find names and which their forsaken Leaders are much ashamed of whilst the Plebeians will neither study truth themselves nor follow the learned The mistakes of these persons in such high and Divine matters being greater as their science less and their opinions since weakly grounded floating and unconstant and from the usually prevailing interests of the flesh inclined to liberty and sensuality § 297 Of which Divisions Grotius in several of his writings sadly complains as caused by this that they will pitch upon no Superior and common authority by which they will be content to be guided and regulated in their Faith Protestantes saith he in his last reply to Rivet †Apolog. Discussio p. 255. nullo inter se communi ecclesiastico regimine sociantur quae causae sunt Cur factae partes in unam Protestantium corpus colligi nequeant immo cur Partes aliae atque aliae sint exurrecturae And in the Preface to his Votum pro Pace speaking of their primitive Dissentments Confessiones saith he factae sunt variis in locis variae atque inter se pugnantes non modo quae factae erant partes non potuere unquam inter se coalescere sed novae quotidie exortae sunt particulae tot ut nemo sit qui earum inire possit numerum ut faecunda est ista seges unoquoque sibi licere credente quod alius ante usurpavit credibile est novas quotidie extituras A presage at this time