When the parts that made up this mighty Body the Empire came to separate and to be formed into several distinct States Kingdoms the Bishop of Rome puts himself into the Emperors place and by pretending a spiritual power still retains those several States and Kingdoms in a spiritual jurisdiction to him that were only at first obliged by the temporal power of the Emperours By this means he continues to assemble the Bishops of those several States and to term such Assembly a general Council Let any discerning person judge whether these Assemblies thus formed by accident as is most apparent can be vested with the priviledge of infallibility There never were any Councils that could truly and properly be called General Councils But after all it is a great abuse of words to give the name of Oecumenical or General Council to a Convention of two or three hundred Bishops out of five or six Nations Euseb de vita Constant l. 4. c. 8. When the Roman Emperours became Christian their Dominions did include the greatest part of Christendom but not the whole There was in Persia a very great number of Churches and those considerable ones in whose favour Constantine wrote to Sapor King of Persia Theod. l. 5. c. 33. Theodoret gives an account of the indiscreet zeal of one Audas a Persian Bishop who in the Reign of Isdigerdes burnt a Temple of the Persian God which was Fire and by that ill managed zeal was the cause of a Persecution of thirty years continuance by which an infinite number of Christians perished there by all manner of torments Th. 〈…〉 The same Theodoret tells us that in the time of Constantine the Gospel was preached in India with success by Aeâ—… and Frumentius and among the Iberians by a captive woman It is certain that these distant Churches sent not their Bishops to the Councils that were held in Countrys subject to the Roman Emperours A Council that might deserve the name of General ought at least to be composed of the Guides of the Church of all the Learned and of all those that have attentively studied the mysteries of Religion There is no place in the world could hold such an Assembly nor were it possible to deliberate in it But alas instead of the prodigious number of Guides and Pastors of the Catholick Church a very few and those almost all of the same Nation are it seems enough to make a General Council For it is certain that the Provinces near the place where the Council is celebrated do supply it with more Bishops and Divines than all the more remote Kingdoms put together and yet this scrap of a Council must pass for the Universal Church must be supposed to be acted by her Spirit and endued with her infallibility Than which there was never certainly a more vain imagination Certain it is that there hath as yet been nothing that can be truely stiled a General Council The ancient Councils had the name of General for that they were in time generally owned by the Church The second General Council consisted of but 150 Bishops and those only of the Provinces neighbouring to Constantinople The latter Councils are composed of yet sewer Nations there are only a few Italians Spaniards French and some Germans but neither the North the South the East nor the greatest part of the West are concerned in them I would very fain learn why the Gallican Church should not be infallible should she form an Assembly of a thousand Divines as she easily may and yet becomes infallible when joyned to Germans Spaniards and Italians It is a mystery beyond comprehension It were fit to produce good proofs for the establishment of this infallibility of Councils or at least to shew they are in possession of it by a Series of examples without interruption As for such proofs they ought to be out of the Holy Scripture But I shall not stand to examine or contest the proofs for that were to enter into Theological disputes whereas we intend here no more than Historical Reflections and such we cannot omit as we conceive will overthrow the infallibility of Councils That many General Councils so called have actually erred Those that maintain the infallibility of these Assemblies that they are pleased to stile General Councils would do well to make out this Assertion of theirs from History They will produce it may be five or six Councils whose Canons are owned by the Christian World But what if we on the other side produce twice as many whose Canons are rejected by the greatest part of Christendom It were much to be wished that we had certain undoubted Characters for distinguishing of true from false Councils For we see that such of them as have established errors are the same in externals with those that have confirmed the truth What difference is there between the most holy Council of Nice which condemned Arianism and the Council of Tyre and Jerusalem which but ten years after in the year 335. condemned St. Athanasius and the Doctrine of the Church It was the good Emperour Constantine that assembled both these Councils and that the latter was General appears by Eusebius Euseb l. 4. de vita Constant who assures us that it was convened from all parts of the Empire from Africk Asia Europe and Egypt it fate first in Tyre and was after removed by Constantine to Jerusalem for the more solemn dedication of the Temple he had there built to the honour of our Saviour In this Council Arianism so prevailed that St. Athanasius was condemned and banished by Constantine to Treves What can be said of the Council of Antioch held concerning St. Athanasius in the year 340 or 341 The holy Bishop was deposed in it Socrates Hist l. 2. c. 7. George made Bishop of Alexandria in his room the Christian Faith was corrupted by it and a Creed conceived in different terms from the Nicene Creed The word Consubstantial was left out and other words were used instead of it which the Arians pretended to be of the same signification Why was not this a General Council Was it not as well as the preceding convened from all parts of the Roman Empire Bellarmine confesses it was a General Council Tom. 2. l. 1. c. 6. de Conciliis and it is clear that it was so esteemed for that the 25 Canons made by it have been received and are still reckoned among the Canons of the Universal Church Distinct 16. Can. 11. Gratian not only took it for a Lawful Council but even thought it had been celebrated by the Orthodox What shall we say of the Council of Sardica Socrat. l. 2. lib. in the year 341 the fourth General upon the Cause of Arius Sozomen l. 3. c. 10. There were present 376 Bishops some say that threescore and sixteen of them were Arians Baronius Annal Tom. 2. ann num 67. 347. and retired from the rest to hold a
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 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
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
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
Reformation having first twitted them with the absence of the German Prelates who of all others stood most in need of being reformed they resolved to give them some satisfaction And therefore on the Eleventh of March the Legates called a General Congregation wherein they proposed twelve or thirteen Articles relating to Reformation as concerning Residence The Legates propose twelve Articles tending to Reformation Promoâ—ions to Holy Orders Priests without a Title the Plurality of Titles and of Priests in great Parishes the annexing of Benefices that had Cure of Souls Unions made under pretext that the Benefices are two small if taken separately for the maintenance of a Curate daily Distributions the Validity of Clandestine Marriages concerning the abuses committed by Collectours or Alms-gatherers and some other matters of the like nature which shall be mentioned hereafter but a Rumour began now to be spread abroad that the Germans stirred again and levied Soldiers which alarmed the Council and for some time put a stop to all Deliberations and interrupted the Congregations so that the fourteenth of March the day appointed for the Session past without any thing done and Easter-holy-days coming on afterwards was the cause of another delay The sixteenth of March the Council gave Audience to Ferdinando d' Avalos Marquess of Pescara Ambassadour from the King of Spain and Governour of Milan wherein the usual Complements were mutually interchanged In the Congregation of the Eighteenth the Ambassadour of the Duke of Tuscany was also received in that of the twentieth of March the Ambassadours of the Catholick Cantons of Switzerland had Audience And in the Congregation of the sixth of April the Council admitted Andrea Dudicio Bishop of Tinâ—â— and Giovanni Colosvarino Bishop of Canadia the Deputies of the Clergy of Hungary The first of those two Andrea Dudicio is famous not onely for Learning but also because he turned Protestant afterward declaring that nothing had more inclined him to that change than what he had seen in the Council of Trent After the Easter-holy-days the Congregations were held without interruption from the seventh of April untill the eighteenth and therein the matters which had been proposed in the Congregation of the Eleventh of March were brought under Debate In the first place the point of Residence was argued with strange heats They enter upon the Point of the Residence of Bishops the Pope's faction essayed to put a stop to that deliberation alledging that it was a matter concluded under Paul III and that the care of putting in execution what had been decreed should be left to the People But the Archbishop of Granada and the rest of the Spaniards were for bringing the matter under examination again saying that a more effectual means had been proposed to oblige to Residence And the question if it be of Divine right is again started This Point is argued with extraordinary heat than those that were pitcht upon in the first Convocation and that was to declare it to be of Divine Right which presently put the Council into a Fermentation Paulus Jovius Bishop of Nocera who made himself remarkable by the singularity of his reasons was against the having it declared either necessary or of Divine Right He alledged that the Churches wherein Bishops resided were not a whit better governed than those wherein Bishops made no Residence and was so plain as to urge the Church of Rome it self for an instance which was full of Corruptions notwithstanding that for many ages the Pope had continually resided there He added that if Residence were declared to be of Divine Right it would prove a Source of Rebellion because when an heretical or scandalous Bishop was got into possession of a Church the Pope could never be able to punish him seeing under pretext that Residence is of Divine Right he might refuse to leave his See to come to an appearance that upon the same Principle the Curates also would find a means to decline the Jurisdiction of their Bishops alledging that by the Law of God they are placed immediate Pastours of their Flocks Giovanni Baptista Bernardo Bishop of Aiace stood up for the Divine Right of Residence nevertheless he was not of opinion that that question should be debated in the Council because that since the Council had no other aim but to oblige all to Residence it would be enough to make a Decree prohibiting all Bishops to discharge any secular office or employment in the Courts of Princes and that then he was pretty sure that few Bishops would be seen abroad out of their own Churches The Bishop of the five Churches a Hungarian vigorously opposed this overture and in a long Discourse made it out that for the space of eight hundred years Prelates had been employed in secular Affairs not onely with great Success but much Honour also to the Church and profit and advantage to States and that a custome of so long continuance ought not to be condemned Here the Bishops who were for the Divine Right of Residence made it visibly appear that their own hearts deceived them if they thought themselves prompted on by the Zeal that a good Pastour ought to have for the conduct of his Flock for they listened to the opinion of the Bishop of the five Churches with extraordinary delight and gave it great applause Nevertheless nothing could be more opposite to the design they had of asserting the necessity of Residence for it is manifest that worldly Business and Employments wherein Bishops are entangled are the greatest obstruction of Residence But both they and the Bishop of the five Churches jumpt in one and the same design to wit the Advancement of Episcopal dignity And therefore they liked any thing that made for that though it were by quite opposite courses all maintained their opinions in this cause with inconceivable heat and it was no easie matter to gather the Votes that the result might be known Cardinal Simoneta Legate held Residence to be of Positive Right and the Cardinal of Mantua thought it to be of Divine Right but durst not declare himself openly because of the Court of Rome which could not endure that opinion all that he ventured to doe was to affirm that the Plurality of Votes was on that side He had two Legates who joyned with him to wit the Cardinals of Warmia and Seripando But Altemps the Pope's Nephew was for Cardinal Simoneta who both maintained that the Plurality of Votes was for the Positive Right for determining this difference a General Congregation was held on the twentieth of April wherein the Presidents prayed the Fathers to give their Judgments upon the point of the Divine Right of Residence by a placet or non placet that that Article might speedily be decided When the Votes were gathered there were sixty eight who said absolutely placet for the Divine Right thirty three who voted absolutely non placet thirteen who said placet consulto prius sanctissimo Domino nostro and
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
the Court of Rome who are our determined Adversaries in the Controversie It is against the Pope that the Protestants contend they dispute his quality of Vicar of Jesus Christ of supreme Head of the Church of infallible Judge of Controversies By the dictates of common sense there is nothing so unjust as to establish him for Judge of a Cause against whom the Suit is directly brought But that the Council of Trent was a Council of the Popes not of the Church is most apparent For it was convened by him he presided in it it consisted only of persons who had taken an oath of fidelity to him and were for the greater part his Pensioners And indeed he was so much Master of the Assembly that it acted nothing but as inspired or commanded by him But it will be replied that the Pope being the natural Head of the Church and having the sole right of convening Councils and presiding in them he was not bound to lay aside his Character in favour of the Protestants who unjustly attaqued him Were a King whose Sovereign Power should by some persons be disputed obliged to divest himself of his Royal Dignity submit it to the fantastick humours of men The misfortune is that we are always pester'd with similies that have no manner of similitude A lawful Prince whose rights are clear and indisputable I confess were not obliged to renounce his Royal State But a King whose rights were doubtful false and contested by a Prince of the Royal blond and by the greatest part of his Subjects were obliged for the interests of peace to be content to sit down as a private person and suffer a Judgment of the validity of his Title Is the Pope a Sovereign whose rights are unquestionable Is it acknowledged genenerally that he hath the sole right of convening Councils and presiding in them without whose Authority no Act passed therein should be valid So far from it that the greatest part of the Christian world denies it It is not believed by the Eastern Church nor by the Churches of the North and South or of the Greeks Ethiopians Cophties or Russians that their Councils are unlawful because the Pope doth neither convene them nor preside in them The Protestants may be also reckoned for something not for their number only but chiefly for their reasons For they bring a cloud of Witnesses to demonstrate that the right of convening Councils belongs to the Emperours and that the Bishops of Rome have not always presided in them The first Council of Nice was called by Constantine the Great and Alexander the then Bishop of Constantinople did preside in it The second General Council was called by Theodosius at Constantinople at which neither the Pope nor any of his Legates were present and therefore cannot be said to have presided therein There is nothing farther from truth Râ—pi l. I. ch â—5 34. than what the Cardinal du Perron is pleased to affirm that the first Council of Constantinople besought the Pope to confirm its Decrees On the contrary the Church of Rome opposed her self in all that she was able to what the Council had done She disapproved the Election of Flavius whom the Council had established in the See of Antioch in the place of Meletius who died at Constantinople while the Council sate She favoured Paulinus who had been elected Bishop by a party in the Church of Antioch in separation from the rest She could never relish the Canon of this Council that ordains That the Bishop of Constantinople should have the Prerogatives of honour next to the Bishop of Rome because Constantinople was new Rome And even in the time of Gregory I. L. Ind. 15. Ep. 131. which was in the beginning of the seventh Century the Church of Rome was not as yet reconciled with this Council For Gregory affirms that this Council was not acknowledged in the West Yet after all the opposition of the Roman Church it passes still for a lawful and General Council To this I might add the third General Council assembled at Ephesus the fourth at Calcedon the fifth and sixth at Constantinople all convened by the Emperours and not by the Popes I might add to all these many other proofs of equal weight but being fallen but by accident upon this Dispute I have no intention to enlarge farther upon the proofs Yet I cannot but take notice that Pope Vigilius being at Constantinople in the year 553. when the fifth General Council was there held he would not assist in it nor did preside therein either in Person or by his Legates and yet the Council is received both for lawful and General There is then already just cause to doubt that the Pope hath such a right of convening Councils and presiding in them as to render them unlawful if called or managed by others But this is not all for a considerable part of the Roman Church it self hold this opinion to be most false That the Pope hath the sole right of convening General Councils and presiding in them All the Gallican Church and generally all that own the Councils of Constance and Basil that is to say at least France and Germany are of this Judgment The Council of Constance could not be convened by a lawful Pope for it assembled it self at the solicitation of the Christian Princes and by the authority of the College of Cardinals for the deposing of three Popes who were then sitting the one at Rome being Gregory XII another at Bologna being John XXIII the third at Avignon being Benedict XIII Not one of these Popes could preside in this Council being all thither cited and there condemned as false Popes The Cardinal of Cambray did preside in the third Session Cardinal Vrsini in the fifth John Bishop of Ostia Cardinal and Vice-Chancellour of the Roman Church presided in the seventh and in all the rest till the Election of Martin V. John XXIII being deposed and retired the Council declared in the third Session That by the departure of the Pope the Council was not dissolved but did still continue in its full authority In the Council of Basil Pope Eugenius IV. could not possibly preside for he was there condemned and deposed and Amadeus Duke of Savoy elected in his stead In the seventeenth Session the same Council declares that during the absence of the Presidents the first Prelate shall have the right of presiding without waiting for the Popes Commission This one would imagine doth not seem to import that a Council must be only under the direction of a Pope or of those that are Commissioned by him I am not Ignorant that the Decrees of the Councils both of Basil and of Constance are had in extreme horror by the Court of Rome But I know also that that doth not hinder but that the Gallican Church and divers others do receive and approve them And that suffices to shew that the rights of the Pope were not so clear and uncontested but
that for the sake of peace he might well remit them to be examined and setled by a free Council and that by consequence upon his refusing to do it the Protestants have reason to consider as a Party and an Adversary in the Controversie that Council that the Pope hath convened wherein he presided and over which he reigned with absolute Dominion That the Church of Rome having once given Judgment upon the Controversie and an Appeal being brought she could not proceed to a second Judgment But to evince more plainly this truth That the Protestants have reason to consider the Council of Trent as their Adverse Party it is to be remarked that the matters in question were not novel but for the greater part had been already decided either by Councils or by Papal Constitutions or by a Custom universally approved by the Roman Church The second Council of Nice had decreed the adoration of Images Transubstantiation the Real Presence adoration of the Sacrament Auricular Confession had been passed into Laws by Innocent III. in the fourth Council of Lateran held in the year 1215. The Cup in the Sacrament was taken from the Laity by Decree of the Council of Constance held in the year 1414. Purgatory and the seven Sacraments were made Articles of Faith by the Council of Florence in the years 1438 and 1439. In a word there was scarce any of the controverted Points that had not been decided All that the Protestants did amounted to no other than an endeavour to be relieved from the hardships of Judgments already given Truly and properly speaking they were Appellants from the Decisions of the Roman Church to the Holy Scripture How great was then the injustice to set up that Church for Judge of a Cause against which she had already given Judgment and from which Judgment the Protestants had appealed When there arise new and doubtful matters in a Church there is no doubt but that Church hath a right to Judge of them and to assemble her Councils to that end For instance in the time of Berengarius the dispute about the Real Presence was revived which had lain buried in forgetfulness since Bertrand and Paschasius The Church of Rome having not as then decided the matter Berengarius had no reason but to hear the Judgment of the Church having first done all in him in order to the prevalence of truth Had the Church decreed unjustly in the matter he might then have refused to acquiesce in the Judgment for that the Conscience cannot submit but where it is fully convinced that the Decision is in conformity to the Word of God But when a Church hath once pronounced upon a matter and an Appeal be rightly made she hath then certainly no power to give a second Sentence in the same Cause or if she doth no consequence as of a new Condemnation can be justly drawn from it Since therefore the Church of Rome had already passed her Decree upon the Points in question before the Council of Trent we must look upon her as a Judge become a Party as having long before declared against the truth But can it in conscience be thought that the Prelates assembled at Trent came thither with intent to deliberate whether the natural Body of Christ be in the Eucharist whether the Sacrament shall have the Worship of Latria Were they not resolved already ere they came to Trent Came they not meerly to condemn the Lutherans and not upon any inquisition after truth Had they not almost all an implacable hatred to the Protestants Did they not solicit Princes to destroy them with Fire and Sword And are these qualifications to be desired in Judges If it be asked how then the Assembly should have been composed to have given content to the Protestants I answer it should have been as the Lutherans of Germany desired it The Bishops should have been absolved from their Oaths of fidelity to the Pope The Council of Basil did it in a time when there was less need than when the Council of Trent sate The Protestant Divines should have been called the more moderate persons of each party should have been chosen the Bishops should have been prevailed with to lay aside all passion and prejudice the truth should have been sought with a sincere mind and the Word of God been only consulted for it The one might have hoped that persons so qualified by such a conduct might have reached the truth reason 2 But tho we should renounce all that I have yet said tho we should own the Council of Trent for a lawful and natural Judge of our Controversies with the Roman Church 2. Second cause of rejecting the Council of Trent tho it were duly assembled in could not be infallible yet were we in no sort obliged to receive and comply with all her Decisions with an absolute resignation and a blind credulity to which nothing can move one but the fond supposition of the infallibility of Councils Not to descend to an Examen of the particular faults of the Council of Trent it is impossible to persuade ones self that a Council that is to say an Assembly in which there is no Prophet nor any man inspired of the Holy Ghost is not liable to err and for my part I very much question whether there be in the world any one person that seriously thinks so I will admit that to have recourse to an infallible living Judge would be of high importance to the World The Church of Rome strongly supports her self by the artifice of possessing the People with the belief of her infallibility But when it comes to be enquired where it is that this infallibility doth reside one knows not where to find it Some place it in the Pope alone others in the Council alone and a third sort in Pope and Council united Those that place it in the Councils seem to have greater reason than such as would fix it to the person of the Pope For Councils are indeed the undoubted Judges of controversies in the Church So that if there be any infallible Judge in the Church it should be them As it certainly is most probable that the wisdom of many in conjunction should be of greater prevalence and purity than that of any single person The Pope whose Authority is meer Usurpation cannot be an infallible Judge nor hath God given to the Bishop of Rome any power to judge of controversies in the name of the Catholick Church Yet after all that appears so much to favour the Councils it must be confessed that the opinion that fixes the infallibility of the Roman Church upon the Pope is much easier to defend than that which ascribes it to the Council For this latter opinion that makes Councils to be infallible is perhaps the most vain and empty Notion that was ever started I pass the proofs brought from Scripture for each opinion they are much of an equal weight The Text I have prayed for thee
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
Rome Whilst they stayed for new Orders from thence they caused some regulations to be made about the manner of proceeding that matters might be carried more orderly It was ordained that for the future three kinds of Congregations should be held one wherein the Divines should examine matters of Doctrine the other for handling the affair of Reformation into which the Doctors of the Canon Law should be admitted and lastly a third sort which was onely to consist of Prelates to form the Decrees concerning Doctrine and Reformation To comply with the Germans who desired that the matter of Reformation of Discipline should be taken in hand before all things else the Legates gave way to the resuming the matter of Lectures and Preaching which had been already moved before the last Session A considerable debate on the subject of Preaching the Mendicant Fryars having invaded the Pulpits and had been referred to another time The great corruption of the Clergy and the supine ignorance of the Priests in past ages was the cause that the Bishops and Priests who had the cure of Souls did wholly abandon the care of instruction and the charge of Preaching The Colleges and Mendicant Fryars seized the Pulpits which they found empty and obtained privileges from Popes to Preach every where without the Permission of the Ordinaries that is of the Bishops and the Monks had now a possession of two or three hundred years to confirm their Title The Bishops bestirred themselves vigorously to recover the possession of their rights and demanded the revocation of those privileges the Monks defended their cause and many writings and great debates were thereupon occasioned on both sides The Divines and Canonists were consulted and most part gave their opinions in writing the Legates in the mean time under pretence that the reading of these Papers would take up too much of the Councils time caused an abstract of them to be made which should be read in a solemn and general Congregation But because that abridgement was probably defective or partial one Braccio Martello Bishop of Fiesole opposed the reading of it and spoke with a great deal of freedom he told them plainly that their deliberations ought not to come packt to them from other places meaning Rome nor that it was fit that two or three Persons should be the sole Arbitrators in all affairs intimating the Legates and that therefore it was necessary that all should hear the reasons and that in their full extent that they might be the more able to comprehend their strength and pass their Judgment upon them in the assembly This discourse choaked the Legates who not onely rebuked him upon the spot but wrote to Rome also to have him banished the Council and the Bishop of Chioza prohibited to return thither any more This last Bishop had had a little too bold dispute with the Legate Pool concerning the opinion of Antony Marinier the Carmelite touching Traditions he had defended the opinion of the Carmelite complaining that there was no liberty allowed in the Council and in consequence of that he had absented himself presently after the Session under pretence of being indisposed The Pope however was more prudent than the Legates for though he was no less resolved than they to oppress the liberty of the Council yet he thought it fit to observe measures and to wink at the actions of those two Bishops The abstract was then read notwithstanding the opposition of the Bishop of Fiesole and the Bishops alledged their reasons upbraiding the predicant Monks with Avarice with the Collections and Alms which they erogated under colour of Preaching and instructing Souls The Monks on the other hand pleaded that they could not be accused of Usurpation since by permission from the chief Pastor of the Church they had stept into the Pulpits which they found forsaken This Article as well as others must wait for its decision from Rome The Pope wrote to the Legates that they should endeavour to maintain the privileges of the Universities and Monks but withall find out some expedient to satisfie the Bishops But if the Bishops intended to make themselves absolute Masters within their Diocesses to the prejudice of the exemptions granted by the Popes that they should not fail to oppose it and to defend the Monks against the Bishops because the Monks depending immediately on the holy See have been always the chief supports of its Authority and have been very usefull for bringing down the Bishops The expedient which was at length found was to re-establish according to the ancient custome in Cathedral Churches a Doctor of Divinity for reading of Lectures The name of that office was still in being in Cathedral Churches for there was one in the chapter called the Scholasticus to whose office there was a Prebend annexed as being chief of the Lecturers and he himself ought to be a Professour of Divinity the superintendance of that affair was without any difficulty granted to the Bishops But it was not so easie a matter to allow them the same power over Monasteries wherein they also intended to re-establish the custome of Lectures of Divinity for instructing those to House The Legates could not endure that the Bishops should have the oversight of that though the business was not about the Mendicant Fryars but onely simple Monks for fear of detracting from the privileges that had been granted by the Popes and of emancipating the Monasteries from the holy See to subject them again to the Bishops Whilst they were sticking at this point A considerable overture of Sebastiano Pighino for contenting the Bishops without diminishing the Authority of the holy See Sebastiano Pighino Auditour of the Rota made an overture that brought the Council out of these difficulties His opinion was that the Bishops ought to have power to re-establish the Lectures of Theology in Monasteries not in quality of Bishops but as Delegates of the holy See that is to say that they should act in that affair by the Pope's Authority and as it were in his name It is incredible of what use this invention was in the sequel of the Council and it was a fetch always employed when any thing was to be restored to the Bishops without diminution of the Authority which the Pope had usurped over them That so well contrived expedient was presently laid hold of for it was Enacted that Parochial Churches united to Monasteries and which depended on no Diocess should for the future be under the Direction of the Metropolitan as Delegate of the holy See In like manner because there were Preachers who had obtained privileges from Rome to answer to none but the Pope it was ordained that they might be punished by the Bishops in the same quality of Commissioners delegated by the Pope As to the matter of Preaching the privilege was continued to the Monks but to give some satisfaction to the Bishops it was ordained that it should be in their power to admit or reject
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
General Congregation to be held in his Palace that all the proceedings of Council should be superseded and as to the business of the Safe-conduct it should be referred to the pleasure of the Fathers A Congregation was thereupon held wherein the point of superseding the proceedings of the Council past without difficulty but the matter of the Safe-conduct suffered more Debate but in fine the Authority of the Emperour of the three Electours and Cardinal of Trent so far prevailed that they resolved to grant them one in ampler form The likewise resolved to give the Protestant Ambassadours an audience in a General Congregation But here Peter Taillevoy Archbishop of Palermo started a difficulty about the place of the Ambassadours to whom they were to give Audience He said that if they were treated according to their Character of Hereticks the Council could give them no place of honour and that they must hear them as Criminals but that in so doing all would be lost because they would not endure to be heard as Delinquents but would immediately withdraw and on the other side if they did otherways it would prove a prejudice to the Church To get out of this strait it was resolved according to the overture proposed by the Bishop of Namburg that they should give the Protestants places of honour making first a Protestation that it was done out of Charity and Compassion which are motives above the Law The four and twentieth of January was therefore appointed for the General Congregation wherein Audience was to be given to the Ambassadours of Saxony and the Council named deputies who with the Bishop of Siponto one of the Nuncio's were to draw up the Safe-conduct The Emperour's Ambassadours desired to have the minute of it that they might communicate the same to the Protestants and that it might be altered if need were before it should be published A rough draught of the Safe-conduct being drawn and given to the Emperour's Ambassadours they sent for the Protestants made them a long Speech in praise of the Fathers of the Council whose goodness clemency and condescension so much appeared by what they granted in their favour telling them that on the other hand they ought to submit and carry it prudently That as to the demand they made that the Pope should submit to the Council it ought to be proposed with great circumspection that the Divines were to be expected and that they themselves had great matters to propose as to that particular on the Emperour's part so soon as the Overture should be made by the Protestants that the Fathers of the Council themselves were very sensible that the greatness of the Pope ought to be lessened but that it ought to be set about warily and not in that brisk manner as the Protestants designed In fine they shew'd them the Safe-conduct which did not please them because it was not in the form of that of Basil which had granted the Bohemians four things that they also demanded 1. That they should have a decisive Vote in the Council 2. That matters should be there decided by the Scriptures and Interpreters that agree with them 3. That they should have Exercise of their Religion in their own Houses during the Council And lastly that nothing should be done to disgrace and reproach their Doctrine they found fault likewise that the Council gave no security in name of the Pope and of the College of Cardinals as the Council of Basil had done The Emperour's Ambassadours were angry that they were not satisfied with the Safe-conduct which they had with so much trouble obtained but they could not move the Protestants to yield so that they promised to make a Report of the matter in the next Congregation This indeed they did but the Presidents and Prelates stood firm to their resolution not to alter any thing in the Safe-conduct saying that it was false that the Council of Basil had granted the Deputies of Bohemia a decisive Vote that as to the Exercise of their Religion in their Houses it was sufficiently expressed in the Safe-conduct seeing it was not prohibited and that as to the fourth point that nothing should be done to the Contempt of their Doctrine care enough was taken as to that by the Terms of the Safe-conduct in a word they alledged that it was as ample as that of the Council of Basil The Count of Montfort made a motion thereupon that to take from the Protestants all occasion of cavilling they should copy the Safe-conduct of Basil word for word onely changing the Names That Proposal broke the Presidents measures they lookt at one another as uncertain what to say till the Legate hit upon a ready expedient of referring the matter to the next Congregation That was a fetch of a man of parts for by this means the Presidents had time to solicite the Bishops vigorously to maintain the cause of God for so they called the interest of the Pope against the attempts of the Council of Basil which the Pope and his Adherents did so detest that they would not imitate any thing that had been done there The Presidents of the Council obtained what they desired and there was nothing altered in the Safe-conduct At length the Congregation was held the four and twentieth of January for giving audience to the Protestants At the opening of it the Legate made a speech wherein he laid before them the importance of the affair that they were going to enter upon and the Protestation that was framed upon occasion of the difficulty started by the Archbishop of Palermo concerning the places of the Protestant Ambassadours being read and ordered to be inserted into the Acts the Ambassadours were introduced Badehorn for the Duke of Saxony bowing to the Prelates called them Reverendissimi amplissimi Patres The Council gives audience to the Ambassadours of Saxony who reiterate all their demands he demanded that they would grant them a Safe-conduct in the form of that of Basil that they would put a stop to all Synodal proceedings untill the arrival of their Divines that they might be heard in the defence of their Doctrine that the Pope as being concerned might not be Judge in that cause that before all things the Pope should be declared inferiour to the Council that all things that had been handled in the former Sessions should be examined over again because the number of Divines had been too small and that the same thing should be done which was acted in the third Session of the Council of Basil wherein all were declared free from the Oaâ—h of Allegiance which they had made to the Pope This was onely said to amuse and to gain time for they knew very well that nothing was to be obtained they gave their speech in writing and then the Ambassadours of Wirtemberg were heard who spoke little and demanded the same things The Promooter of the Council answered them that they might expect their answer in time and place convenient
and the Legates obliged the Members to be very short in giving their opinions But the Spaniards who desired not the conclusion took their full swing they did not put themselves to the rack but even enlarged their discourses with design to gain time and to prolong the Council untill they might have Orders from the King of Spain The sixth Article of Reformation proposed before the former Session had been referred to this and that Article concerned the exemption of the Chapters of Spain The Spanish Ambassadour and the Bishops of that Nation were their Parties and their Deputy after he had been ordered by the Count de Luna was forced to be gone But the Legates were good Advocates for them and being assured of the assistance of the Italians they were in a fair way of gaining their Cause notwithstanding they were absent Yet the Council found out a means by giving some augmentation to the Bishops Authority over the Chapters but a great deal less than they demanded The resolution of demanding the Confirmation of the Council from the Pope In the Congregation of the twentieth of November the question was debated whether they should demand of the Pope the Confirmation of the Decrees of the Council The Archbishop of Granada maintained that it was not necessary saying that the Fathers in the sixteenth Session which was the last held under Julius III. demanded not the Pope's Confirmation that if they did not imitate their Conduct it would be thought they condemned them The Archbishop of Otranto who had always his eyes in his head for the preservation of the Authority of the Pope replyed that the Fathers of the Council at that time made it sufficiently appear that they held the Confirmation of the Pope to be necessary because they commanded not the observation of the Canons which they had made but onely exhorted to it That opinion prevailed without difficulty but there remained still a scruple to wit whether they should stay for the Pope's Answer at Trent after they had demanded his Confirmation or otherwise whether upon concluding the Council it should be demanded of the Pope and so break up immediately without expecting an Answer The Cardinal of Lorrain whose two Predominant Passions were to dispatch and to please the Pope was of the last opinion and there is nothing more clear than that this Cardinal and the French who were of the mind that the Confirmation of the Decrees of the Council should be demanded of the Pope did exceedingly forget themselves They had kept a great clutter to hinder that the Pope should be declared Superiour to a Council and yet all of a sudden they betray their own Cause by the greatest weakness in the World For to demand the Pope's Confirmation of the Council is a Declaration plain enough that it is inferiour to him no Superiour Court ever demanding the Confirmation of its Decrees from an inferiour The Cardinal of Lorrain who would have all things make for the greater honour of the Council or rather for the greater satisfaction of the Pope essayed to bring back to Trent the French Ambassadours that were at Venice but they would not because that though the Chapter of the Reformation of Princes was revoked yet many other things had passed in the Council to the prejudice of the Liberties of the Gallican Church and the President du Ferrier would not by his presence countenance those bad Regulations When the matter of Reformation was digested into the Method that they intended to have it in the Legates applied themselves to the Doctrine and the Council appointed the Cardinal of Warmia and eight other Prelates to frame the Decree concerning Purgatory the Invocation of Saints Relicks and Images they all jumpt in one design not to start any Controversie that might retard them Nevertheless they found themselves a little puzled about the Article of Purgatory for some were for having the place determined where this Purgatory is as the Council of Florence had done and that it should be defined that the Pains which are suffered there are the Torments of Fire Others objected that all Divines agreed not as to that and that if they should offer to make a Decision thereupon they could not avoid falling into debates which they were willing to shun so that they were of opinion to make use of general terms and to enjoyn Bishops to see that that Doctrine should be carefully taught and this opinion was followed There was no difficulty about the Point of the Invocation of Saints there was somewhat more in relation to Images touching the nature of the Worship that is due to them but it went not far The Decree of the Reformation of Monks is revised Some Prelates were likewise deputed to revise the Reformation of Monks and Nuns and these Deputies joyned with the Congregation which had been appointed a long time before for that Reformation In that Revisal there were but a few matters altered By the third Chapter of this Reformation all the Monasteries of Mendicant Friers were allowed to enjoy Lands and immoveable Possessions notwithstanding the Rule of their Institution which forbids them to possess any thing in proper The General of the Order of the Minims who was a Spaniard demanded that his Order might be excepted out of that indulgence because they would exactly follow the Rule of St. Francis the General of the Capuchins demanded the same and it was granted to both Lainez General of the Jesuits made the same demand but distinguished their Colleges from their houses of Profession saying Bishops and other Beneficiaries to make good use of the Revenues of the Church used these words that they are appointed faithfull Stewards of these Revenues for the good of the Poor That Clause displeased the Bishop of Sulmona and a great many others it is easie to guess at the reason but what ever it was the Clause was struck out In fine it was proposed in the same Congregation to anticipate the day of the Session and to hold it next day and if al could not be dispatched in one day to continue it the day following that so the Acts might be signed on Sunday after and all the Prelates have Liberty to depart Fourteen Spanish Bishops opposed it but the Cardinal of Lorrain and the Imperial Ambassadours dealt earnestly with the Count de Luna to make him condescend to it At length he was willing but upon two Conditions first that the Pope would regulate the matters that remained still to be done and then that it should be inserted in the Chapters of Indulgences that they should not be given Gratis lest that might be prejudicial to the Croisadoes of Spain session 25 The five and twentieth and last Session the 3. December 1563. All difficulties being surmounted on Friday the third of December the Prelates and Ambassadours went to Church with the usual Ceremonies Jerome Ragazzone Titular Bishop of Nazianzo made the Sermon in praise of the Council and recapitulated the
good Laws and Ordinances which were made in it After the Ceremonies were over they read the Decrees concerning Purgatory the Intercession and Invocation of Saints Images and their Worship They also read the Decree for Reformation of Monks containing twenty Chapters to which they added an one and twentieth for a shield to the Pope's Authority lest by inadvertency it might be wounded in some of the Canons of Reformation and to leave him in full liberty to dispense with all the Canons The Council therefore declares in it that all the Decrees have been made with intention that the Authority of the Holy See should remain safe and inviolate without the least encroachment upon it When this was done because it was very late the rest was deferred till next day In this second day they read the Decrees concerning Indulgences the Choice of Meats Fasts and Holy days They made and Act of Reference to the Pope about the Index Expurgatorius Missals Breviaries Ceremonials and the Care of making a Catechism At length the Council caused and Act to be read which declared that the Places that had been assigned to Ambassadours ought not to be any ways prejudicial to the Rights and Privileges of Kings Princes and States whom the Council pretended to leave in the same condition as they were before The Assembly was concluded with Volleys of Acclamations to the Praise of the Pope Emperour Kings Legates and the Fathers Heretofore in Ancient Councils these Acclamations or Benedictions were made in a humming confused manner with a low Voice But at Trent they would have the matter performed in its Formalities It was written down read and sung after the manner of Antiphones The Cardinal of Lorrain pronounced the Acclamations and the Prelates answered This action of the Cardinal was extremely played upon It could not be imagined that he with all his Dignities A mean Action of the Cardinal of Lorrain and large Characters would have condescended to discharge the Office of a Deacon or Chanter It was lookt upon as a low and mean Carriage but the French had a worse opinion of it for besides the baseness of the action they lookt upon it as a Crime of State because in the Acclamations there was no express mention made of the King of France for which the Cardinal was severely checkt upon his return At length all was summ'd up with an Anathema pronounced against Hereticks in General The Council consulted whether they should not expresly Anathematise Luther Zuinglius and the other Heads of Parties as had heretofore been practised in the Case of Nestorius and other Hereticks But the Spanish and Imperial Ambassadours opposed that representing that the Princes were rather the Heads of the Parties in that affair than the Teachers that it would offend them and oblige them to make Leagues together against the Catholick Religion The Council acquiesced to that reason and rested satisfied with a General Anathema All the Prelates were commanded under pain of Excommunication to sign the Decrees before they went away which was done on Sunday They were signed by two hundred fifty and five Hands four Legates two Cardinals three Patriarchs five and twenty Archbishops an hundred fifty and eight Bishops seven Abbots thirty nine Proxies for Absents and seven Generals of Orders The Ambassadours had been enjoined to sign also but because those of France were not there and their Hands not being amongst the rest it would have been a Declaration that they refused to acknowledge the Council all the rest were therefore dispensed with no to sign upon Pretext that it had not been the Custome of Ancient Councils This last Session of the Council gave as little satisfaction as the rest hand done for after all the fair promises of setting about a Reformation there was nothing found that could answer the Expectations of People The nineteenth Chapter of General Reformation contained a very Christian Decree against Duels which were prohibited under very severe Penalties Nevertheless it was observed that the Council herein encroached upon the Right of Kings for it declared the Emperour all Kings Princes and Lords who should countenance Duels to be excommunicated and deprived of the Dominion of the Place holding of the Church wherein Duels should be fought It was not thought in the Power of a mere Ecclesiastick Judicature to deprive Sovereign Princes of their Territories and Temporal Possessions nor to lay Commands upon them under pain of Excommunication The Permission which the Council granted to Mendicants to enjoy Lands and Real Estates was so far from passing for an Article of Reformation that it was lookt upon as a great Corruption and as a fair means put into the hands of Monks to hook in the remainder of the Estates of Christendom whereof they already enjoyed the largest share In general few were satisfied with the Acts of the Council The Spaniards were displeased at the precipitant manner and hurry of concluding it without acquainting their King and expecting his answer But France more than all others because they found therein many things which overthrew the Liberties of the Gallican Church President Du Ferrier during his stay at Venice made it his business to make a Collection of them and upon the return of the Cardinal of Lorrain into France the Cardinal was severely censured for having suffered so many things to pass contrary to the Sentiments and Customs of the Church of France It was objected to him that after he had vigorously asserted the Superiority of a Council over the Pope yet at length he had basely betrayed the Cause seeing he had subscribed to the first Chapter of the General Reformation which grants the Pope Administrationem Ecclesiae the Administration of the Church Universal It was also thought that the opinion of the Pope's Superiority over a Council was sufficiently established by the last Chapter which declares that all things have been decreed without prejudice to the Authority of the Pope which is an evident raising of the Authority of the Holy See above that of the Decrees And above all it was thought that by demanding from the Pope the Confirmation of the Council they had placed his Holiness above a Council It was likewise objected as a fault to the Cardinal of Lorrain that in the one and twentieth Chapter of the General Reformation he had suffered the present Council to be declared the same with that which was held under Julius and Paul III. after that France had taken so much pains to have that Assembly called a new Council But the Parliament of Paris in a particular manner complained that he had suffered the Authority of the King's Judges to be trampled under foot seeing the Council had so far enlarged the Power of Churchmen as made a considerable breach in the Civil Jurisdiction As for instance it allows Bishops to proceed against Laicks by Pecuniary Fines and Imprisonments These oppositions that the Council met with in France were every delightfull to those who were separated
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
Convention by themselves in Thrace but others on the contrary do affirm that the whole Assembly was Orthodox However there was at least three hundred of them Orthodox that were met together from all Parts The holy Confessour Hosius Bishop of Cordoua did preside in it St. Athanasius was re-established in his See by it and the Nicene Creed was also by it explained according to truth Nevertheless this very Council has not been able to obtain to pass for legitimate St. Austin formally rejects it nor is it reckoned among the first six De. Conciliis l. 1. c 7. Bellarmine indeed so far favours it as to account it among those that are in part rejected and in part approved If the Ancients had believed that General Councils were infallible I cannot see why they should reject this it having all the marks of Universality Gratus Bishop of Carthage was present at it with five and thirty African Bishops more and yet the African Church never received it she took so little notice of it that sixty or eighty years after she had no manner of knowledge of its Canons which appears by the History of the great Contest between the Church of Africk and the Bishops of Rome in the Affair of Pelagius upon the right of Appealls Celestius a Pelagian who had been condemned by the Councils of Africk obtained of Pope Zosimus to be acquitted of all the Censures that had been given against him The Africans opposed it affirming that the Canons permitted not that one accused of Heresie should be tried out of his own Province or but by his own Synod and that the Bishop of Rome had no authority to receive the Appeals of such as stood condemned by the Bishops of Africk Zozimus produced a Canon as of the Council of Nice which permitted Appeals to Rome Tho it was not really a Canon of that Council but of the Council of Sardica The Africans were surprized at it and knew not on the sudden what to reply for in their Copies of the Canons of the Council of Nice there was no such Canon to be found so that not knowing from whence it might be taken because they knew nothing of the Council of Sardica or its Canons there was need of time to clear the mystery The fifth General Council upon the Cause of Arius was the Council of Milan held about the year 354. Ruffinus plainly says that many of the Orthodox fell into the snares of Heresie Hist l. 1. c. 20. And indeed the Bishops that held for Athanasius and the term Consubstantial were in fine banished by the Emperour Constantius Could there be a more famous Council than was that of Ariminum in Italy There were present and assisting in it no fewer than six hundred Bishops of which four hundred of the Eastern Church and two hundred of the West If we may believe Socrates Hist l. 2. c. 29. there was nothing done in this Council repugnant to the Faith of the Church But he is not in this to be credited He thought perhaps it would be a mighty service to the Church to prevaricate in her behalf and deny that this Great Council was of the number of those that favoured Arianism But it is undeniable that this Synod sunk under the violence of the Emperour Constantius and was over reached by the cunning and artifice of Vrsacius Bishop of Singidunum and of Valens Bishop of Mursa The testimony of Athanasius in the Book by him written concerning the Council of Ariminum puts the matter beyond all doubt especially when we consider the concurrent evidence of S. Austin in the fourteenth Chapter of his third Book against Maximin and of St. Hilary in his Book de Synodis adversus Arianos where we find the Letters of Liberius Bishop of Rome to the Eastern Bishops wherein he avers that the Fathers of the Council of Ariminum overcome by the Emperour and by the cheats of Valence and Vrsacius had pronounced contrary to the Faith of the Church but were again perfectly returned from their error and had each of them pronounced Anathema against the Confession of Faith made by the Council of Ariminuw We have thus already five General Councils that have erred about the same matter In the Cause of Eutiches who confounded the two Natures of Christ there were two General Councils assembled The first was at Ephesus in the year 449. convened by Theodosius the younger a Prince truly Catholick All the Patriarchs were present at it Juvenal Patriarch of Jerusalem Dioscorus of Alexandria Domnus of Antioch Flavian of Constantinople and by his Legats Leo Bishop of Rome Nothing was wanting to the Legality or Universality of this Council For to say that this Council was Illegal because not convened by the Pope and that the Patriarch of Alexandria and not the Popes Legates did preside therein is a very vain Allegation the weakness of which however in this place we are not concerned to shew For we oppose not such as make the Pope Superiour to Councils and all the Authority of Councils to depend upon the Popes Pleasure We oppose such as make the Council Superiour to the Pope and hold a Council to be nothing the less legal or less infallible for not being under the Popes direction such as look upon the Councils of Constance and of Basil as most holy Councils tho the Popes did not preside in them and such in fine as require us to submit to the Council of Trent upon its own Authority This General Council of Ephesus tho legally assembled and according to the Canons is notwithstanding a detestable Convention that justified the Heretick Eutiches confirmed his Doctrine and deposed Flavian Patriarch of Constantinople a most holy and Orthodox person About nineteen years before there had been held another General Council at the same City of Ephesus in the Cause of Nestorius who affirmed there was to Persons in Christ This Heresie was there condemned and Truth triumphed This certainly makes an essential difference between these two Councils tho otherwise there be none that I can see as to Form and Externals unless that Error was victorious in the second Council with less scandal than truth overcame in the first For it is true indeed that Dioscorus President of the second Council of Ephesus did with much facility cause the Heresie of Eutiches to prevail the Popes Legats and some few others having been only a little roughly treated whilst in the first Council of Ephesus which is the third received General Council there was a horrible Schism occasioned by Cyril of Alexandria and John of Antioch who made Parties and deposed each other Socrat. l. 7. c. 33. Evagrius l. 1. c. 4. The Emperour was forced to interpose in the matter and to make use of his Authority to appease so dreadful a Sedition It is apparent from all these Considerations that tho the Council of Trent could be considered as a General Council that would not bind us to believe it infallible nor
made Heresie of the most trivial matters all the wild Opinions of Fanatique Sectaries were imputed to them Nor was any difficulty made of open and manifest contradictions in order to represent the Doctrine of the Protestants in hideous colours Sometimes they were made Pelagians denying Original Sin sometimes of the Sect of the Manichees who denied Free Will Yet is there nothing so wide and remote as are the two Heresies of Pelagius and the Manichees Man by this last Sect was deprived of all his freedom and by the other Free Will was established upon the ruines of Grace But with the Council of Trent the End it seems which was the blackening of the Protestants was enough to consecrate the basest and vilest Means If there was any that had so much remaining honesty as to interpret the Protestant Sentiments a little favourably there was an immediate exclamation of Heresie Heresie Was any thing fair to be expected from such a sort of Judges But indeed what other procedure could be expected from a Council composed as this The Judges were Bishops and the Advocates were Monks both which by their particular interests were the implacable Enemies of the Protestants The Bishops saw plainly that nothing less than their absolute ruine was threatned that the reforming of their softness their Luxury and the pravity of their Manners would not alone suffice but that a reduction of their vast Revenues their large Dioceses and their Despotique Sway over the Church and Clergy was no less intended That it was endeavoured to bring them down to plain Pastors or at least to subject them to their Clergy and to take away that Pomp that Wealth and Power they so much idolize Let any one judg what kind of Sentiments they must needs have for those that designed them so much ill As for the Monks who explained matters and pleaded before the Bishops against the Lutherans they looked upon the Protestants as upon a sort of people that had resolved their ruine and the ruine of all Monasteries that would have all the Wealth and Revenues restored back that these Religious Houses enjoyed under a pretence of Piety They strove out of Revenge to make the Lutherans odious For they well knew the Lutherans did not spare them but openly accused their Vows of Tyranny their seeming Sanctity of deep Hypocrisie their Houses of being sinks of filth and Impurity their Retreats of being places where Men are nourished in Sloth and in a sort of life that shrouds under a Veil of Austerity the greatest softness and Luxury He is little acquainted with humane Nature that knows not how mightily the motives of Interest and Revenge do inslave the Mind and depress Reason I do not therefore wonder at the implacable hatred of the Council to the Protestants I should rather wonder had it been otherwise but I affirm that this known and visible Hatred gave just cause to the Protestants to reject the Council reason 6 6. Sixth Reason to reject iâ— It was not a free Council But could the Council have clear'd it self of this Hatred taken up both by interest and inclination yet the Protestants could have looked for no good from it for that it was the slave the creature of the Court of Rome and wholly depended on it This is so very notorious that to deny or to question it is to lose all sense of shame and modesty The Emperor and the King of France and Spain complained of it highly These complaints were made publickly in the face of the World discoursed written and repeated daily and in various forms as in this History shall be shown Nothing was proposed in the Council but by the Pope's Order and by the mouth of his Legats nor did it determine of any thing but by the express direction of the Court of Rome When difficulties were found in any Affair so that it went no just as the Legats would but thwarted a little the Papal Interest the Presidents of the Council never wanted specious pretences to procrastinate the matter and these delays were purely to gain time to consult the Pope's pleasure in the business and to know in what manner it should be decided and this was called a giving time for allaying Mens Passions that so the Holy Ghost might become Master of their Minds and might govern their Resolutions When the Pope's Orders were arrived the Presidents employed their Pensioners in Caballing and secret working of the matter but if those Intrigues miscarried the business was remitted to another Session But if no Arts would do they took off the Masque and plainly told the Council that such was the Pope's pleasure Besides the Pope had in the Council under the management of Cardinal Simoneta five or six rude tumultuous Persons who abused and affronted any Man making hideous noises by kicking and striking the Benches with Hands and Feet upon the delivering of an Opinion that did not please them Nay these surious men came frequently to reproachful Revilings and even to Blows Cardinal Pallavicini himself tells us that the Bishop della Cava one of these so disorderly Persons did one day box another Bishop and tore away part of his Beard for having with some freedom delivered his Opinion The Bishop of Alista who was maintaining that Bishops were instituted by Christ was interrupted by Cardinal Simoneta with Be silent insolent Man and let others speak If any Man was disrelished for maintaining Opinions contrary to the Italian Theology he was either wearied by rudeness and ill treatment forced to beg leave to retire or made to be recalled by his Superiours if he had any or otherwise plainly driven from the Assembly When Pius IV. was reproached with the little liberty he gave the Bishops in that Council he onely excused it by retorting upon Princes that they left them yet less liberty than he did To deal truly what the Pope said was not altogether groundless for the poor Bishops were the Slaves of Princes as well as of the Pope The Pope himself made use of the Authority of Princes to restrain the over forwardness of some Prelats Thus he obtained Letters from the King of Spain and from the Marquess de Pescara his Embassadour at the Council and Governour of Milan to hinder the Spanish Prelats from favouring such as were desirous to set bounds to the Papal Power From what happened in the Disputes about the Residence and Power of Bishops by Divine Right it is easie to conjecture what would have happened had the Lutheran Tenents found Partisans in the Council The Spaniards the French and the Germans insisted upon the Councils declaring the Residence and Jurisdiction of Bishops to be jure divino they had their particular Intrigue in it as the course of this History will shew But the Interest of the Court of Rome lay in direct opposition and that the Point might not be decided in favour of the Bishops To effect which no stone was left unturned no means untried that Artifice Violence
Points upon which they were to deliberate telling them you shall speak only as I direct you you shall debate the Propositions that I shall make you and you shall not dare to exceed the bounds I set you Yet such was one of the Decrees of the Council signed by all the Fathers and made at the opening of the third and most solemn Convocation of the Council Was there any thing done to remedy the consequences of this Clause Truly just nothing in effect There was a little Decree made and little it signified to pacifie dissatisfied minds it was that the Legats a little before the end of the Council should declare that it was not intended by this Clause to prejudice the liberty of the Council nor at all to alter the manner of proceeding that former Councils had observed but it is not said that there was no intent to prejudice the opinion that subjects the Council to the Pope Those that shall read this History will find by what passed from the twenty second to the twenty third Session what Endeavours were used by the Court of Rome to slide in a Decree among the Acts of the Council to establish the Popes Supremacy There was a Minute of such a Decree sent from Rome wherein it was said that the Pope hath power to govern the Universal Church Ecclesiam universalem The Emperour and the French joyned to oppose it as easily penetrating the Design of exalating the Pope over the whole Church of making him absolute Master of it and by consequence placing him above Councils Well then and what was the issue of the Dispute The Court of Rome feigned to yield the Point and the Decree did not pass but yet the thing was after cunningly done in another Decree where the very words are used but in a way that seems as if it was without design It is in the first Chapter of General Reformation in the last Session where it is said that the Pope has the Administration of the Vniversal Church These words do plainly signifie that the Pope is sole Bishop that the others are but his Delegates and by consequence that he is the Monarch and Superiour of the Church whether it be considered together as a Body or disjunctly in its Parts If the words might admit of another construction yet the very Council it self did thus interpret them and therefore for a time did reject them tho afterwards it received them by inadvertence And this is another express Decision that exalts the Pope above the whole Church It would certainly be tiresom to the Reader should I produce all the Proofs that might be brought to shew that the Council of Trent hath acknowledged the Pope for Superiour For I should then be obliged to speak of the Bulls of Convocation that were registred and received by the Council in which the sole power of convening Councils and presiding in them is ascribed to the Pope contrary to the Decisions of the Councils of Constance and Basil I should also speak of the Bulls of Suspension sent by the Popes to their Legats by which as Masters and Superiours they impowered them to suspend and to dissolve the Council I should in fine be obliged to speak of all that was done in those two important Controversies that made so much noise in the Council that is whether the Episcopal Order were of Christs Institution and whether the Residence of Ecclesiasticks be Jure Divino But I shall leave the Readers to make due Reflections upon the Legats presiding in the Council and their management of affairs I shall only offer two Proofs but the most convincing that can be The first shall be the last Chapter of Reformation in the last Session In this Chapter the Council declares That all that hath been ordained concerning the Reformation of Manners and Ecclesiastical Discipline is so ordained as that the Council will thereby manifest to all the world that the Authority of the holy Apostolick See remains whole and untouched That is to say that the Pope is not bound by the Canons nor tied from dispensing with them when he thinks fit This is not our Gloss but the Court of Rome's it is the plain intent of the Council that framed the Decree it is agreeable to constant and continual Practice for the Pope de facto does daily dispense with the Canons of this Council It could not more plainly be pronounced that the Pope is Master and Sovereign of the Council nor could any thing be more directly contrary to the Decisions of the Council of Constance This latter Council speaks thus in the fourth and fifth Session The holy Synod of Constance duly assembled being a General Council and representing the Catholick Church is empowered immeditely from Jesus Christ which every person of whatsoever condition or dignity tho even of the Papal dignity is bound to obey in all things that relate to Faith the extirpation of Heresie and the Reformation of the Church as well in the Head as in the Members That is to say the Council of Constance declares that the Pope is bound to obey the Canons of the Council And the Council of Trent declares that the Authority of the Council reaches not to the Pope but leaves his Power untouched One of the two Councils has therefore certainly erred for their Decisions are in direct contrariety to each other The last Proof I shall urge is the Confirmation of its Decrees which the Council of Trent desired of the Pope If that does not suppose that without such Confirmation the Decrees of the Council were of no force as the Court of Rome pretends it signifies just nothing If the Validity of the Decisions of a General Council depends upon the Popes Confirmation it it into Propositions and then it runs thus The Church hath Power over the Temporalties of Kings and private Persons can take away their Possessions and give them to others can proceed to Sentence and Execution by Corporal punishment by Imprisonment and Sequestration can take cognisance of the validity of Wills and Testaments can oblige Laymen to give an account of their management of Donations for pious Uses hath Power to exercise all manner of Judicature and in Matrimonial Causes exclusive to all other Tribunals In a word can hear and determine all matters Civil and Criminal Is there not reason then to allow this for Doctrine Is not Ecclesiastical Jurisdiction matter of Doctrine Hath not the Council of Trent treated of it in the Chapter of Order as of a point of Doctrine If the Jurisdiction of the Church be a matter of Doctrine is it not absurd to say that the Decrees to which such Jurisdiction does extend are meerly points of Discipline Are not the Whole and its Parts of one nature Iâ— the Jurisdiction of the Church considered together and in gross belongs to Doctrine why not the parts the branches the extent of it likewise Thus have we another point of Doctrine in which the Gallican Church and
been able to stir up so many people all would again return into the Bosome of the Church from which they had fallen off Next year was employed in negotiating an accommodation betwixt the Catholick and Protestant parties wherein the Elector of Mentz and the Palatine endeavoured all that lay in their power But the Emperour finding that such tentatives for healing of Religion would never succeed persisted in his thoughts of calling a Council He wanted a pretext for using of Force and hoped to find one in a Council because the Protestants would be obliged to submit to it and if they year 1533 refused he would have law on his side to force them He therefore sent to Rome to represent to the Pope and College of Cardinals the necessity of calling a Council without any delay The Emperour presses a Council and not obtaining it makes his first Edict in favour of Protestants This demand was seconded by the Ambassador of the King of France and though the Pope was resolved not to grant yet durst he not flatly refuse it He therefore consented to it but under conditions that rendred the thing impossible for he purposed the holding of a Council at Bologna Piacenza or in some other Town of the Ecclesiastick State well foreseeing that the Germans would never agree to that He also declared that none but Bishops and Abbots should have a decisive Vote which was not the free Council that the Germans so urgently desired The Emperour perceiving that nothing was to be expected on that side at length resolved to restore Peace to Germany which he did by the Edict of Nuremberg dated July 23 1532. whereby he gave full liberty to all States Princes Towns and private Persons to enjoy and live in the Religion that they had chosen without molesting of others and without being molested by any till the sitting of the next Council which the Pope should be solicited to call within six months and open within a year This was the first Edict of toleration that the Protestants obtained in Germany which extremely netled the Court of Rome Things however were husht up and after all they found that the Emperour was not so much to be blamed For the Protestants obstinately refused to make head against Solyman who with a formidable Army was coming to powr in upon Austria unless that indulgence were granted them So that the fear of the Turks whom Charles had to doe with was the sole cause of his moderation A second interview betwixt the Pope and the Emperour the Pope refuses a Council but after grants it on conditions which the Protestants refuse to accept So soon as that War was ended and the Turks driven out of Austria the Emperour renewed his design of concluding the affairs of Religion in Germany He made a journey into Italy and had a second interview with the Pope at Bologna In this interview they had a fresh conference about the necessity of holding a Council the Pope persisted to oppose it and if at any time he seemed to condescend yet stood he firm that the Council should be held upon the conditions he had proposed Charles who had no other interest in the affair than that of his Authority which he desired to settle by obliging the Germans to live under the same Laws was not very much troubled upon what conditions a Council were held provided the Lutherans accepted them They therefore agreed betwixt themselves to send Ambassadors to the Elector of Saxony to incline him to accept of the conditions proposed by the Pope The Elector desires leave to communicate the affairs to the Assembly of Protestants which was to be held at Smalcalde the 23 of June the same year And indeed he did so but the Assembly rejected the Pope's propositions and persisted in demanding a free Council to be held in Germany where every one might have freedom to speak their minds and wherein judgment should be pronounced according to the word of Go without any respect had to the Authority of the Pope Traditions or Canons Their Answer was long and argumentative of which Copies were sent to the Pope and the Emperour and afterwards Printed with the Pope's propositions The Pope dissatisfied with the Emperour enters into a league with the King of France This interveiw of the Pope and Emperour did not all contribute to the cementing of their friendship for they began to entertain Jealousies one of another the Pope could not relish those reiterated instances that the Emperour made to him for calling a Council to which he had an incurable aversion But above all that which most increased their misunderstanding was the Judgment given by the Emperour upon the debate which the Pope had with the Duke of Ferrara concerning the Towns of Rheggio and Modena Both parties agreed to refer that affair to the determination of the Emperour that as Umpire he might give Sentence therein The Emperour pronounced against the Pope and confirmed the Duke of Ferrara in the possession of those two Towns So that the Pope being ill satisfied with the Emperour took a resolution of entring into a strict alliance with the King of France and at the same time to raise the Grandure of his Family he Married Catharine of Medicis his Neice to Henry second Son to that King and for the accomplishment and confirmation of the Treaty the Pope gave the King of France an interveiw at Marseilles Amongst other things that past at that interveiw the Pope required of the King that he would use his interest with the Protestants of Germany and especially with the Landgrave of Hesse to take them off from demanding a Council or that they should demand it on conditions more easie for the Court of Rome The King attempted it but could not succeed however the Landgrave of Hesse yielded in some things and consented that the Council might not be held in Germany provided the place of its meeting were out of Italy and in a Town where the Council might be free The King himself proposed to the Pope the Town of Geneva an dundertook to get the Protestants to accept of it This proposal seemed strange to the Pope who perceived that the King of France was no fit Agent to transact matters according to the intentions of the Court of Rome and therefore they thanked him for the pains he had taken and desired him to proceed no farther so that a stop was put to that Negotiation in the beginning of the year 1534. year 1534 Henry King of England shakes off the Pope's authority without any innovation in Religion The same year the Court of Rome had the trouble to see one of the most considerable Members of the Roman Church fall off from it whilst they endeavoured to recover Germany they lose England Henry VIII had Married Catharine Infanta of Spain Aunt by the Mother to the Emperour Charles V. This Princess by a former Marriage had been Wife to Prince Arthur elder Brother
Naples did not obtain what he desired With ten Bishops at Trent the Congregation began to handle Preliminaries Till the end of April there were no more than three or four Bishops arrived at Trent but at length the third of May they made up the Number of Ten with whom a Congregation was held for regulating the Preliminaries wherein in there was a great deal of discourse but nothing concluded proposals were made about the Ornaments which the Legates were to have about empty places that were to be left for the Pope and the Emperour and the rights of precedence amongst the German Bishops who were Princes but nothing was concluded on save onely that they must expect till the Council were assembled in a fuller body There was indeed a great deal of discourse about the time of opening the Council and there was one reason that pleaded for a delay to wit the small number of Bishops but there were others that urged the hastening of it and the Chief was that thereby a stop might be put to the Enterprises of Princes and especially to those of the Emperour who upon all occasions offered at the deciding of matters of Religion which perhaps he might be more cautious in doing if once the Council were opened After all there considerations it was concluded that they should expect advice from Cardinal Farnese who was Legate with the Emperour The Prelates at Trent are weary of staying but they are stopt and money ordered to be given to the poor Bishops About the end of May there were got together at Trent twenty Bishops five Generals of Orders and an Auditour of the Rota the first comers were already very weary of delay and were therefore called in Raillery The hot-headed Gentlemen but their Zeal quickly cooled They began in good earnest to think of withdrawing and the most part without Ceremony plainly begg'd leave to return home others desired liberty to goe to Venice and other neighbouring Towns to buy Clothes and change the Air under pretence of some indisposition but the Legates suffered none to depart Most of these Prelates were poor Italian Bishops sent by the Pope who declared themselves unable to subsist there at their own charges It is true the Pope had remitted all tenths to those Bishops that should goe to the Council but that not much encrease the Revenues of those poor Bishops and therefore the Legates were fain to give them Money to encourage them to stay Others there were who made use of the Emperour's conduct for a Colour of withdrawing saying that they could not endure to see the Council so disparaged and slighted by his endeavouring to judge of matter of Religion the decision whereof belonged properly to it but notwithstanding all their impatience the Prelates were necessitated to bear with these delays and to wait five Months June July August September and October before the Council could be opened The Emperour who plaid his game with the Protestants and did not intend to exasperate them stopt all and held matters in suspence Sometimes he flattered the Lutherans with the hopes of preventing the sitting of the Council provided they consented to what he desired of them and sometimes again he threatned them with the Council that would arm all Christendom against them Don Diego de Mendoza his Ambassadour returned to his Embassie at Venice entreating the Legates not to open the Council without his presence The true cause of all this Conduct was that the Emperour intended not that the Council should proceed against the Lutherans before the had made his Peace with the Turk that so he might not have too many Enemies at the same time to encounter These delays put the Pope out of all Patience he many times repented the calling of the Council and if he could have done it with honour would certainly have revoked all that had been done thus not daring to break up and dissolve the Council it was said that he intended to remove it to a place where his Power and Authority was greater At length he resolved to sent the Bishop of Caserta to the Emperour to make an end of that affair and to bring him to consent to one of these three things either to the Opening or to the Suspension or to the Translation of the Council The Emperour consents to the opening of the Council conditionally and the Pope is angry The Emperour rejected the Suspension and Translation but persisted in starting difficulties as to the Opening because he was willing to expect the issue of the approaching Diet which was called at Ratisbonne in the Month of January however he consented to the opening of the Council in the Month of October provided that nothing concerning the Lutherans were brought under debate and nothing but the matter of Reformation taken into Consideration This last fetch of the Emperours in regard of the Lutherans put the Pope out of Patience however without any shew of discontent at that answer he resolved to act by himself and the last of October wrote to his Legates that without farther delay they should open the Council on the thirteenth of December This was very gratefull News to the Prelates assembled at Trent but the Legates were troubled to see that the French Bishops who were but three in number were recalled by their King for that did insinuate as if France designed not to approve of that Council nor to have any hand in it These small heart-burnings however hindred not but that the least things that concerned the Glory and Authority of the Pope were carefully looked after advice was therefore given that in opening of the Council the Bull that appointed it should be read to the end that all that was done in the Council might appear to depend on the Authority of the holy See with prospect of establishing thereby the Pope's Superiority over the Council and so the Bull was sent according as the Legates had desired session 1 At length the thirteenth of December came on which the Pope had ordered the opening of the Council and for the greater Solemnity the Pope appointed a Jubile at Rome and that all should after three days fasting confess and receive the Sacrament The twenty five Prelates that were at Trent made a solemn Procession in their Pontificals The Church was hung with Tapestry the Cardinal di Monte first Legate said the Mass of the Holy Ghost The Sermon of the Bishop of Bitonto is disliked by many and Cornelius de Muis Bishop of Bitonto made a Sermon after which the Legates made a long Discourse about the necessity of holding a Council and what their procedure ought to be therein The Discourse of the Legates was pretty well liked but the Bishop's Sermon was found to be stuft with a pedantick and idle strain of Eloquence He largely proved the necessity of holding a Council laid before them the Disorders of the Church made a long Encomium on the Pope and another somewhat shorter on the
he concluded that it was not at all likely that all who had laboured therein were inspired adding withall that it was evident enough that these different Authours were not infallible since many faults were to be found in that Translation It was nevertheless still his opinion that it ought to be preferred before all other versions provided it were first corrected Andreas de Vega was of the same mind that there were faults in the vulgar Translation but was notwithstanding of the opinion that it should be declared Authentick without prejudice to any to consult the Originals They proceeded next to the Article of the sense and interpretation of Scripture It was thought that the liberty that men had taken to themselves in these later years of interpreting Scripture was the cause of the Heresies in Germany And therefore the Council purposed to remedy that by barring private men from expounding the Scriptures according to their fancy Some were for admitting all modern interpretation provided it were not contrary to the Faith and that opinion Cajetan had maintained Others thought that some liberty might be allowed to diversity of interpretation provided they did not clash and contradict one another and these last approved the remark of Cardinal di Cusa who heretofore said that Scripture ought to be interpreted variously according to the times and the Heresies that are to be confuted But most part were of a contrary opinion and judged it necessary to confine Expositours to the Interpretations of the Fathers and not to admit of any new expositions A Cordelier of Mons called Richard went a little farther and said that the Holy Scripture was not now any longer necessary for teaching Divinity which is sufficiently to be found in the Books of the School-men and that at present Scripture was not to be read for the instruction of the People but onely for Devotion The conclusion at length of all these disputes was that the vulgar Translation was declared Authentick with a proviso that it should be corrected and Deputies were appointed to make the amendments But sometime after the Pope put a stop to that work which was begun and caused it to be differred untill new orders in fine all liberty of broaching any new sense of Scripture different from that of the Fathers was taken away In the Congregation of the 29th of March the question was debated whether Canons and Anathema's were to pass upon these points some there were that thought it very hard to declare Hereticks and pronounce Anathema's against those who might question the supreme Authority of the vulgar Translation and take the liberty to observe faults in it but an expedient was found which was to make a Canon touching the necessity of Traditions and the number of Canonical books with Anathema's and to refer the vulgar Translation and what concerned the interpretation of Scripture to the Chapter of Reformation where none were to be used In consequence of this it was moved that means ought to be found to put a stop to the bad use that Libertines and profane People make of the Holy Scriptures some in Magical operations and others in defamatory Libels where they pervert texts of Scripture by wicked and impious Applications The Cardinal di Monte was very hot about this being much concerned at the Pasquinades of Rome by reason of the Disorders of his Life At length it was resolved that a Decree should be made whereby without descending to particulars such kinds of abuses should be Prohibited in general terms and all Printers forbid to print them session 4 On the Eighth of April the day appointed for the fourth Session forty eight Bishops and five Cardinals went in the usual order and with the accustomed Ceremonies to the Cathedral Church after which the Decrees were published declaring Traditions to be of equal Authority with the Holy Scripture the Catalogue of the Canonical Books were regulated the vulgar Translation made Authentick and the licentiousness of Libertines and Printers repressed In the same Session Don Francisco de Toledo the Emperour's Ambassadour caused the Emperour's Commission for Don Diego de Mendoza who was sick at Venice and for himself to be publickly read and then made his Master's Complements to the Council which were returned There first Decrees of the Council were ill relished by the Germans and they did not take it well that so small a number of men should take upon them in quality of a General Council to judge of so important a matter But the Pope was extremely well satisfied with their proceedings and that made him intimately concerned for the affairs of the Council fortifying the Congregation of Cardinals at Rome to whom these affairs were particularly committed he dispatcht three Orders to the Legates who presided in the Council of Trent first that they should publish no Decree without first acquainting him with it secondly that they should not spend time about matters that were not controverted and lastly that they should not suffer the Authority of the Pope to be called in question About the same time the Pope excommunicated the Archbishop of Cologne at the instance of the Bishops of Utrecht Liege and of the Clergy of Cologne The Pope excommunicates Herman Archbishop of Cologne he declared him deposed from his Archbishoprick and absolved his Subjects from their Oath of Allegiance to him as being an Heretick and an Abettour of Hereticks ordained them to submit to the Count of Shawembourg his Coadjutour as to their Archbishop The Emperour who valued not the Ordinances of Rome but as they made for his interest did not immediately upon this excommunication break with the Archbishop but for sometime continued to treat with him as Archbishop of Cologne because he was afraid that if he put him too hard to it he might join in War with the Confederates against him whereas till then he had persevered in his Obedience So that that Sentence did no great harm to the Archbishop but wrought pernicious effects in the minds of the Protestants and those that favoured them This does evidently demonstrate say they that the Council signifies no more than a formal Convocation seeing People are excommunicated for Doctrines which ought to remain undecided untill the Council have pronounced a definitive Sentence Nevertheless sometime after Herman was obliged to resign his Archbishoprick The Synodal actions were again renewed in the Council that the matters might be prepared which were to be Judged in the next Session The Pope had enjoyned his Legates to set on foot the question of original sin but the Germans opposed it and would have them to fall upon the matter of Reformation Don Francisco de Toledo insisted so much thereupon in the Emperour's name that the Legates were forced to tell him in plain terms that they had express orders from the Pope not to meddle with the matter of Reformation and because the Ambassadour was not satisfied with that answer but continued his Instances the Legates wrote about it to
Sentiment of the Lutherans that any Character was imprinted in the Sacraments why they might not be reiterated there was some dispute Dominico à Soto would have had it defined that that Character is founded on Scripture others were of a contrary opinion because neither Gratian nor the Master of the Sentences say any thing as to that and that Scotus confesses that it can neither be maintained by Scripture nor the Fathers but onely by the Authority of the Church And it is to be observed that that is the manner of this Authour when he would smoothly condemn an opinion It was decided against the tenth Article of the Doctrine attributed to the Lutherans that it is false That a wicked Minister cannot administer a true Sacrament Against the Eleventh that it is false that all Christians of what Sex or Condition soever may preach the word and administer all the Sacraments Against the Twelfth that it belongs not to all Pastours to encrease or diminish the Ceremonies of the Sacraments A remarkable opinion of Catarino about the intention that is necessary in him that administers the Sacrament On occasion of the thirteenth Article which regards the intention that is thought necessary for the Validity of a Sacrament there arose great Debates The Council of Florence had determined it to be necessary and that was a Knot not to be untied but Ambrosio Catarino Bishop of Minori started a very considerable opinion he strongly urged that the intention of the Priest could not be necessary because if so the Salvation of Souls would depend on the will of a man who might be so wicked as to administer the Sacraments without intention he aggravated the inconveniences of that opinion by this argument that if a Child baptised without intention should become a Bishop he not being truly baptised all the Priests that he might ordain would not be Priests and could not administer true Sacraments and that so many Millions of Souls would perish by the Crime of one single man He therefore concluded that the intention which is necessary is an external intention that may be gathered from the Ceremonies and is signified by visible actions which fully agrees with the opinion of the Protestants that overture was rejected though the Council was stunned with the weight of his reasons no man being in a condition to make him an Answer They decided against the fourteenth without any Dispute that it is false That the Sacraments have onely been instituted for the quickning of Faith There happened much less Dispute about the seventeen Articles of Baptism for without any Debate it was defined 1. That in the Roman Church there is true Baptism secondly that it is absolutely necessary to Salvation In the third place that Baptism administred by Hereticks is true Baptism and so of all the other propositions that were attributed to the Protestants which were condemned with great Unanimity The last of the Articles about Confirmation which related to the manner of administring it occasioned a somewhat greater Noise The Divines would have the Bishop onely to be the Minister of Confirmation but the action of Pope Gregory the Great puzled them This Pope permitted a simple Priest to confirm But the Cordeliers and all the School of Scotus who attribute this Power onely to the Bishop alledged that that had never been but once permitted by St. Gregory and that perhaps that action was no true Sacrament Thomas did indeed confess that properly the Bishop is the Minister of Confirmation but he said that a Priest might administer it by a permission from the Pope Whilst these matters were canvassing in the Congregation for Doctrine in the other Congregation where the Cardinal di Monte presided they treated about the means of reforming the abuses which had crept into the Administration of the Sacraments and it was ordained 1. That the Sacraments of the Church should be conferred gratis and no man allowed to take any Profit Alms or voluntary Gift upon any pretext whatsoever 2. That the Sacrament of Baptism should not be administred but in Churches and that in Mother Churches where there are baptismal Fonts and Chapels except in Cases of Necessity and when the Children of Great Princes were to be baptised 3. That no excommunicate Person should be admitted to be a Godfather nor any other under the age of fourteen and that they should not admit but of one God-father besides that there were some Orders made for regulating the Decency of Baptism but they are not very important There was not so much jangling amongst the Canonists about Reformation as had been among the Divines concerning the matter of Doctrine and yet they had much adoe to agree about the gratuitous way of administring the Sacraments The rigider sort would not have had it allowed to the Church-men to accept of any Present Alms or voluntary Offering under pretence of any contrary Custome and pressed hard these words of the Gospel freely have ye received freely give they added many Canons denouncing Anathema's out of the ancient Councils against that kind of Simony The Cardinal di Monte who otherways was not very zealous for Reformation powerfully backt that Party But others more remiss maintained that voluntary Offerings might be taken they produced for themselves a Canon of the fourth Council of Carthage which allows the taking of what is offered by him that brings a Child to be baptised above all they defended their Cause by the sixty sixth Chapter of the fourth Council of Lateran held under Innocent the third which permits it as a laudable Custome to give Offerings at the Administration of the Sacraments The Cardinal di Monte made answer that that sixty sixth Chapter of the fourth Council of Lateran ought to be understood of Offerings that have been always setled in the Church as Tithes first Fruits and Offerings that are made at the Altar and because they could not agree upon the matter they referred it to a general Congregation but the same difficulties hindred the Conclusion of that Point there also In the general Congregation they had much adoe to agree about the form of the Decrees concerning the Doctrine of the Sacraments At length they framed fourteen Canons with Anathema's concerning the Doctrine of the Sacraments in general ten about that of Baptism and three concerning that of Confirmation The Divines desired that besides the Anathema's Chapters might be drawn up as had been done in the point of Justification for publishing and declaring the Doctrine of the Church But they found it to be a very difficult matter by reason of the diversity of opinions They could not be so fortunate in this as they had been in the preceding Session when they found Ambiguous Terms that gave content to all for on the present Subject they could not hit upon Terms which did not cross either one side or other and that they had no mind to do being willing to please all Parties So that the Council resolved to rest
satisfied with Anathema's and that opinion prevailed the rather because the contrary was very judiciously opposed by Giovanni Baptista Cigale Bishop of Albinga who told them that never any man had forsaken his opinion because it had been condemned and that though all Catholicks do profess that they will refer themselves to the judgment of the Church nevertheless they do not do so but more obstinately defend their opinion when once it is condemned The Protestations said he that the Doctors make of submitting to the judgment of the Church are but Complements and terms of Civility which are not so to be abused as to be taken literally they are to be answered by a civil conduct and charitable deportment Every one was convinced of the truth of this in their own Consciences and therefore they yielded to that reason So that there was no decision made touching the questions in controversie amongst the Catholicks themselves that they might not condemn any nor give occasion to a spirit of Defection The Legates acquainted the Pope with all these difficulties and whilst they expected an answer they fell to treat of other matters In the Congregation of the twenty fifth of January the business of Reformation was proposed they came to speak of the remisness of Bishops in the discharge of their Duties and the Legates who were not vexed to see the blame laid at the Bishops doors and that they were look'd upon as the cause of all the disorders opposed nothing that was moved upon that Subject so the Prelates sported themselves with an imaginary liberty in declaming against themselves Giovanni Salazar Bishop of Lanciano was not so patiently heard because he attributed the source of all the evils to the abuses of the Court of Rome however he was suffered to speak But Cornelius Muis Bishop of Bitonto that spoke next refuted him and made it appear that the disorders proceeded from Kings who had the nomination to Bishopricks The abuse of the Plurality of Benefices and its various sources From this they went on to that thorny matter about Plurality of Benefices which was a hinderance to Residence because a Prelate who had two Bishopricks could not be in two places This Plurality of Benefices was introduced three manner of ways First under pretext that one Benefice alone was not enough for the maintainance of a Minister at the Altar more were given him and Benefices were distinguished into Compatible and Incompatible The Compatible are such as do not oblige to Residence and have not the cure of Souls the Incompatible are those that bind to Residence Though in the beginning they might make some scruple of annexing Incompatible Benefices yet they made none in joyning those that were called Compatible Now the sufficiency of a Benefice was reckoned according to the quality of the Incumbent for as a Gentleman or a Lord could not subsist at so easie a rate as an ordinary man so they allotted him more Compatible Benefices according to the Character he bore of Abbot Bishop or Cardinal The second cause of the multiplication of Benefices are Commendums Heretofore when a Benefice was vacant and for some reason as of Plague or War it was not possible to proceed so soon to the Election of a Successour he that had the right of Patronage recommended the care of the Benefice to some Person with whose prudence he was well satisfied during the time of the vacancy this Commendatary received the Fruits and was accountable for them But in progress of time it came to pass that under divers pretexts the Commendataries disposed of the Revenues of the Benefice and retarded as much as lay in their power the Election of him who ought to possess the Benefice in Title To put a stop to these disorders it was ordained that these Commendums should not continue above six Months But the Popes began quickly to grant them for much longer time and at length granted them for Life giving liberty to the Commendataries to enjoy the Profits during Life By this means a man could enjoy but one Benefice in Title but he might possess several in Commendum and even Bishopricks and smaller Cures were thus bestowed This was a very great abuse at which the Adherents of Luther complained much but the Court of Rome were so far from being ashamed of this abuse that they shew'd a prodigious instance of it at the very same time when the Lutherans most fiercely declamed against the corruptions of the Church and that was in the year 1534. when Clement VII gave all the Benefices in Christendom in Commendum to his Nephew Hippolito de Medicis for six Months to count from the day that he took possession of them with Power to take up all the Rents and to apply them to his proper use In a word the last way of evading the Canons which prohibited Plurality of Benefices was the Annexing of Benefices The Pope was wont to cast together forty or fifty Benefices and though they were in several Kingdoms yet that was reckoned but the enjoying of one Benefice according to the Canons because of many Benefices they had made but one But lest this Union of Benefices might in progress of time lessen the number of Livings it was appointed to last no longer than the Life of the Incumbent in whose favour it had been granted and that by his Death the Benefices should be reputed ipso facto disunited There was a necessity of abolishing these three abuses for hindring the Plurality of Benefices and the Prelates as to that gave their opinions with a great deal of liberty They spared not the Cardinals who possessed several Bishopricks nor the Court of Rome that by Dispensations favoured that corruption The Legates who feared that the matter might be pusht on too far seconded the overture that was made by the Bishop of Albinga of referring it to the Pope They said that it was a matter that principally concerned the Court of Rome and that it would be a disgrace to the Pope to be thought incapable of Reforming his own Court The Legates wrote immediately to Rome about it and the Pope gladly received the proposition He removed to Rome the whole affair of that Reformation by a Bull but the Legates durst not shew it because it was too ample the Pope therein taking too much Authority to himself and because the Bishops also who seemed to consent to that Reference opposed it The Spanish Bishops were so far from the opinion of referring the matter to Rome The Spanish Bishops vigorously bestir themselves for a Reformation but without success that they themselves undertook to give a model of that Reformation They drew up a censure in writing which contained eleven Articles for a very strict Reformation as for regulating the exactness that ought to be had in the examination of Bishops and Curates when they were to be preferred to Churches for obliging Cardinal Bishops to reside at least six Months in their Bishopricks for declaring
the Council was not obliged to hear him since the Letter gave not the Council the Title which belonged to them yet they would without prejudice give him Audience Vargas spoke smartly to perswade them to return to Trent But the Cardinal Legate answered proudly that he was President of the sacred Council Legate of Paul III. the Vicar of Jesus Christ that he declared the Council to have been lawfully transferred and that no threatnings could hinder him from continuing it On the contrary he threatned the Emperour that if he endeavoured to obstruct it he should incur the Penalties imposed by the Canons Upon that Answer Velasco read the Protestation wherewith he was charged which in the end came to this The Emperour protests at Rome and at Bologna against the Pope and his Council of Bologna that the Translation of the Council was null and unlawfull with all that had followed or might follow thereupon declaring that the Answer which the Pope and they had given was fraudulent and illusory and that the Emperour should not be obliged to answer for the Mischiefs that might arise from that matter Mendoza likewise on the other side having kneeled down in a full Consistory made the same Protestation to the Pope and having turned towards the Cardinals and protested also against them he withdrew leaving the Paper which he had read behind him This blow did a little amaze the Pope but he quickly came to himself again the Roman Policy was not at a stand in this Juncture they saw that matters would not long subsist in the Biass that was taken And therefore with a Sovereign and matchless Piece of Policy the Pope resolved to bring that affair about another way he well perceived that by that Act of Protestation he himself was brought in as a Party and that was an evident prejudice to the Character of a supreme Judge who can be judged by no man which he claims as his Right He therfore pretended to have understood that that Protestation was not made against him but against the Council and in a Consistory held the first of February 1548 he made answer to Mendoza that in quality of Judge he was very willing to take Cognisance of that Controversie which the Emperour had with the Council of Bologna that he removed the Cause to his own Judgment and that he had named four Cardinals Paris Burgos Pool Crescencio to make a Report to him about it but that was accompanied with long Complaints against that violent way of procedure which was never used but by those who had shaken off the Yoke of Obedience The Imperialists set light by that distinction they would not run into the noose and Mendoza declared that he had Orders to make the Protestation in the form wherein it had been made year 1548 In effect the Pope did all he could to make himself Judge of that affair that so he might not be looked upon as a Party He wrote to the Bishops at Trent that he was ready to hear them he discharged those of Bologna from entring upon any Synodal action untill the Process should be decided The Bishops at Trent answered cunningly to the Pope's Remonstrances insisted with him to remit the Council to Trent and accepted not of the Offer which the Pope made of judging in that matter The Bishops at Bologna were acquainted with the Letter that came from Trent they examined the Articles of it and made answer to them And then as if the Process had been sufficiently stated they pressed the Pope to give Judgment But he durst not because no body appeared to plead the cause of those of Trent and besides that he had no mind to clash any more with the Emperour out of whose hands he would willingly have got Piacenza He therefore bestirred himself with all imaginable care to obtain that place to be again restored to his Family but the Emperour refused to give it back This put the Pope into a Passion and made him threaten to excommunicate those that held it But Charles was not much concerned at these Menaces he briskly answered the Pope that his Conduct did infinitely displease him and that he should take notice that he could no longer suffer the Calumnies which the Court of Rome spread abroad of him as if he intended to make a Schism in the Church because he demanded the re-establishment of the Council at Trent that as to the City of Piacenza it was a Town of the Dutchy of Milan which the Popes had unjustly invaded within a few years that if the Church had any Right to it he should make it out and that he would doe him Justice The Pope essayed to cut out work for the Emperour by means of the Venetians and French but he found them in no disposition to it for he being now upwards of fourscore Years of Age it could not be expected that a League with him could either be succesfull or of long Continuance and besides his own interest being deeply concerned he was not willing to furnish the necessary expence for the War nor to part from such sums of money as he needs must lay out to make any considerable Levies amongst the Venetians The Emperour makes the Interim and a Decree of Reformation at the Diet of Ausbourg These misunderstandings and clashings having put the Emperour out of all hopes of bringing back the Council to Trent he took pretty odd measures at the Diet of Ausbourg He resolved to regulate the Affairs of Religion himself and for that end he named three Divines Julius Phlug Michael Helding Titular Bishop of Sidon and Johannes Agricola of Islebe by whose means he framed a certain Formulary of Faith about all matters of Religion to which he would oblige all the People of Germany to submit untill the Council should define them and therefore that famous Piece was called the Interim It contained thirty five Chapters wherein they endeavoured to qualifie those Doctrines of the Church of Rome which most offended the Protestants as for instance the Marriage of Priests was thereby allowed the Communion in both kinds granted the Sacrifice of the Mass was not called Propitiatory Liberty was allowed to cut off such Ceremonies as tended to superstition the Pope was onely acknowledged head of the Church for Union sake and for preventing of Schism and the power of Bishops was declared of Divine right When this Work came to Rome it met with many Opponents most part were of opinion that it ought to be opposed by the most violent means and strongest Antidotes not onely because it was an unparallel'd undertaking for a secular Prince to meddle in settling the Affairs of Religion but also because the Catholick Religion was notoriously wounded by that Interim But the Pope saw farther than all the rest he smelt out what happened that the Emperour had fallen upon the way of making both Parties against him and therefore he dissembled the dissatisfaction which he conceived at that attempt ordered
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
Deacon three Bishops whereas for Consecrating a Bishop three are sufficient and one for Ordaining a Priest How difficult a matter was it to get so many Bishops together and how chargeable must that be especially in Germny where Bishops are very thin and at a great distance one from another These Degradations were performed with great Ceremonies in Pontifical Habit and extraordinary concourse of People The matter was very long canvassed but the Council Judged it not expedient to abolish the use of Degradations onely it was thought fit to find out some way of facilitating them that they might be done with less trouble Whilst the Council was thus taken up the Cardinal Legate had time to receive news from Rome So soon as it came without telling the Council that he had written and without communicating his answers he called the General Congregation and had it concluded according as it was resolved by the Pope that they should grant the Protestants a safe Conduct in general terms and that they should refer the point of the Cup to another Session Amongst the points that were to be handled again the Communion of young Children was one and the Article of retrenching the Cup was divided into three others thereby to multiply them and that they might not be necessitated to resume a Controversie which had already been decided for one point omitted or forgot session 13 Thirteenth Session the eleventh of October 1551 The eleventh of October the Session was held with the usual Ceremonies Mass was said by the Bishop of Majorca and the Sermon Preached by the Archbishop of Torne Then were read the Decree the Chapters of Doctrine the Canons and the Anathema's for asserting the Real Presence the Sacramental Manducation Transubstantiation the Concomitancy the Adoration of the Sacrament the Reservation of the Kinds the Necessity of Confession and the other points that were opposed by the Lutherans and Protestants The Decree of Reformation began with a grave Exhortation to Bishops to use their Jurisdiction moderately then it ordained that it should not be lawfull to Appeal from the Judgment of Bishops before Definitive Sentence That when there is place for an Appeal and that the Pope shall grant Commission in partibus that is on the Places that none shall be Commissionated but the Metropolitan or his great Vicar and if they be suspected that none can be Commissionated but neighbouring Bishops To lessen the difficulty of Degradations it ordained that one Bishop with as many Abbots as the Canons required Bishops might Degrade Clerks To satisfie the Bishops as to Exemptions it ordained that the Bishops might Judge of these Exemptions and of Favours obtained upon false Suggestions and annull them in quality of Subdelegates of the holy See But the Council reserved to the Pope the Cognisance of greater Causes and that the Causes of Bishops wherein the nature of the crime required Personal appearance should be brought before the Pope and be determined by him In the same Decree of Reformation there were some other Regulations that tended a little to the satisfaction of the Bishops that they might the more casily bear the Yoke of the Church of Rome but in all those places where any thing of Authority was granted them they had no power to act but in quality of the Delegates of the holy See After that a Decree for deferring the Article of the Cup and the Safe-conduct which the Council granted the Protestants were publickly read The Ambassadours of the Electour of Brandenburg a Protestant Prince appear at the Council At the same Session appeared Christopher Strasfen and John Hofman Ambassadours from Joachim Electour of Brandenburg a Protestant Prince Christopher Strasfen one of the Ambassadours made a long speech wherein in very civil but general terms he assured the Fathers of the Council of the respect his Master had for them and mentioned nothing at all of the matter of Religion The Council made answer by their Promooter and amongst other things told him that with much Joy the Fathers had heard from his mouth that that Prince submitted to the Council and promised to obey its Decrees In the mean while the Ambassadour had said no such thing but they thought they had gained a great point in so interpreting the Complements and civil Expressions that the Ambassadour had made use of All men made observations upon the Conduct of the Electour and the Council It was easily perceived that the Electour intended to observe the best measures he could with the Council that the Court of Rome might not cross the Election of his Son Frederick to the Archbishoprick of Magdebourg which had been made by the Chapter but the prudence of the Council was much more admired who had so dextrously turned the sense of the Electour's Complements to an engagement of submission According to the intimation that was made to the Abbot of Bellosana they intended to have given an answer to the King of France but no Abbot appeared he returned by order of his Master immediately after he had made his Protestation It was not the mind of the Court of France that the Ambassadour should expect the Session to enter into a debate which could not in the conclusion but be of troublesome consequence since the Pope and Spaniards who were the Parties in that affair must also have been the Judges The Apparitours made a Proclamation at the Church-door that if any one was there for the most Christian King he should appear but though no man appeared yet the answer was read which contained Complaints of the King's proceedings and Protestations on the part of the Council that they wore not assembled upon any private interest but for the general good of all Christendom and the extirpation of Heresies after all they prayed him to send his Prelates to the Council not to make use of any other means but to think of his Name of the most Christian King and to sacrifice his particular Quarrels to the general good of Christendom The Decrees of the Session were forthwith printed and all People reflected upon them according to their several Passions and Interests The Protestants failed not to observe a contradiction betwixt the first Chapter of Doctrine and the sourth with the second Canon In the first Chapter the Council saith that hardly can one express the manner of the Real Presence of Jesus Christ in the Eucharist and in the sourth Chapter it saith that that manner hath been convenienter proprie called Transubstantiation and in the second Canon the Council saith that it is apâ—issime called so it was likewise thought that the Council had made use of a kind of an improper and incommodious expression as to the point of Consecration because it says that Jesus Christ after the Benediction declared that that which he gave was his Real Body which seems to insinuate that the change was made by the Benediction so that these words This is my Body could be no more but a
that they should manage the business as well as they could but what e'er came on 't that they should find out a way to propose their Doctrine They thereupon applied themselves to the Cardinal of Trent in the absence of Count Montfort the Emperour's Ambassadour and gave him a Breviate of their Commission which imported that they should endeavour to obtain a Safe-conduct in ampler Form than that which had been given and which should in all things agree with that of the Council of Basil that afterward they should propose and defend their Doctrine The Cardinal acquainted the Legate with this who without any hesitation made answer That the Lutherans should not be heard that Abstracts of their Books should be made as had been hitherto done and that they should proceed to Judgment thereupon that if they humbly desired instruction it should be given them that he would not suffer an ace of this to be abated and that for the matter of the Safe-conduct it was an intolerable affront to the Council not to trust to their word This was down right contrary to the Emperour 's positive promise which he gave to the Protestants that they should be heard and that they should have all imaginable Security And therefore the Cardinal thought not fit to tell the Ambassadours of Wirtemberg that answer He thought it enough to acquaint them that the Legate was angry that they should offer to begin by proposing their Doctrine as if they would give the Law to those from whom they were to receive it that they must have patience for some days till the Legate's anger was over and begin with some other Article but not that The Emperour's Ambassadour moved the Legate also upon the same subject but finding nothing to be done with him as to that particular he devised several pretexts to amuse the Protestant Ambassadours and to spin out the time till he might fall upon some Expedient to save his Master's honour who had so positively past his word which was so little regarded by the Council Stratsburg and five other Protestant Towns sent likewise their Ambassadours to Trent who were stopt by the same Difficulties So the Emperour's Ambassadour gave advice to his Master that the Council would not hear the Protestants contrary to the promise that he had made them whereupon the Emperour sent him Orders that he should stop the Protestant Ambassadours and make them stay a little that the Ambassadours of Saxony were speedily to be at Inspruck and that he would advise with them about means to procure them satisfaction About the same time Maximilian the Son of Ferdinand King of the Romans past through Trent and the Protestants made their grievances known to him he exhorted them to patience and promised them to treat with the Emperour his Uncle that what he had assured them of should be accomplished The Pope who knew very well that there was a considerable party forming against him and did not think the Cardinals so true to his cause because all of them had already espoused the interests of foreign Princes at Christmass 1551 at one dash created fourteen Cardinals all Italians he named thirteen and reserved the fourteenth in petto and that was the Bishop of Siponto one of his Nuncio's at the Council And now from all parts nothing was heard but Rumours of War Soldiers were raised under several Pretexts throughout all Germany The Protestant Princes who had been constrained to promise that they would submit to the Council bestirred themselves to get loose from their Engagement The Emperour had likewise exercised in all places great Severities to oblige the Princes and Towns to receive the interim all Germany groaned under the Yoke of Charles his Power and longed to shake it off On the other side the King of France fomented the Divisions so that a furious storm began to gather and the Fathers of the Council of Trent took the Alarm though the Emperour endeavoured what he could to encourage them he told them that the Ambassadours of the Electour of Saxony of whom the greatest talk was were then with him at Inspruck on their way to Trent and that he would omit nothing that might contribute to the security of the Council The Ambassadours of Saxony come to the Council and speak higher than the rest The seventh of January the Ambassadours of the Duke of Saxony arrived at the Council Maurice their Master had not the least intention to submit to it but that he might lull the Emperour asleep whilst he was cutting out work for him he sent his Ambassadours to Trent who were Wolf Coller and Leonard Badehorn These Ambassadours spoke in a higher strain than the rest as well knowing that their Master would quickly be in a condition to make the best of them afraid of him They had Conference with the Emperour's Ambassadours and declared to them that their Master expected a Safe-conduct in the form of that of Basil They demanded that a stop might be made to all proceedings in Council untill the arrival of the Protestant Divines who were but forty Leagues off waiting onely for a Safe-conduct that the Decrees which had past should be examined again anew that the Pope should not preside in the Council that the Votes should be free and that the Bishops should be absolved from their Oath to the Pope Afterwards the Ambassadours made their Complements to the Electours and to the Cardinal of Trent and discoursed every thing with them but they would have no Conference with the Legate because they refused to acknowledge him for President of the Council The Emperour's Ambassadours according to their Orders used those of Saxony very civilly because they began to have some Apprehensions of their Master but the Legate observed no measures with them no more than they did with him He made answer that they should have no other Safe-conduct that the Council should give publick audience to these Ambassadours and the other Protestants seeing it had been promised them by the Emperour but that first of all they must own the Legate and Nuncio's for lawfull Presidents and that for the other demands that the Pope should not preside in the Council and that the Bishops should be freed from the Oath of Fidelity that they had taken to him they were so insolent and bordered so near upon blasphemy that they would sooner lose their Lives than suffer any such thing rather dissolve the Council and use the utmost rigours The Emperour who perceived that this Conduct tended to an irreparable breach and that that would give a lawfull Pretext to the Duke of Saxony to provide for his own Security by way of Arms gave Orders to his Ambassadours and to the Cardinal of Trent to Employ both Entreaties and the Threats of the Imperial Authority to bring the Legate to a milder way of answering They so handled the matter that at length the Legate abated somewhat of his height He condescended to give the Ambassadours an audience in a
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
his Nuncio's in all places that they should exhort the Princes to have their Arms in readiness to constrain the Rebels to return into the bosome of the Church for it was not so much his thought to hold a Council for deciding of Controversies as to take from Princes all pretext of dealing with Protestants in the way of Lenity and Mildness The opinions of the Princes were extremely divided as to that particular The King of Spain approved both the Council and the choice of the place but the French refused the City of Trent and proposed Treves Constance Wormes or Haguenau The Emperour was of the same mind affirming that the Lutherans did abominate the Council which was begun that it would be impossible ever to induce them to come or to submit to the Council if a new one were not called He added that he could not undertake for the Empire before he had assembled a General Diet and that for his hereditary Dominions it would be hard for him to make them come to the Council if the Cup and Marriage of Priests were not again allowed them These proposals did not please the Pope he declared that he would never suffer the matters which had been already decided at Trent to be examined over again if it should cost him his life that as to the Restitution of the Chalice and the Marriage of Priests which were onely of positive right he should refer himself to the Council but that he would act nothing of himself alone though he had Authority to doe so The Assembly at Fontainebleau where it is resolved that a National Council shall be called in France and Severities in the mean time cease The Protestants multiplied in France and the dissentions encreased also The King was therefore obliged to call a numerous Assembly of the chief of the Kingdom to meet at Fontainebleau the twentieth of August in the same year 1560. Jean de Mouluc Bishop of Valence who was no Enemy to the Protestants and who wished for some Reformation in the Church gave his Judgment there for a national Council and for the forbearance of Persecution affirming that People were amazed at the Constancy of those that suffered which made them inform themselves about their Religion he was seconded by a great many more and Admiral Coligny himself presented to the King Petitions that had been delivered to him in Normandy which begg'd that a stop might be put to all Severities untill the Cause should be tried He added that having enquired whence these Petitions came they had made him answer that fifty thousand were ready to set their hands to them The Duke and Cardinal of Guise opposed these opinions and rejecting a national Council voted for the continuance of Severities The conclusion of the Assembly was an Edict ordaining the States to meet at Meaux the tenth of December ensuing and that if a General Council were not called the Bishops of France should assemble the thirteenth of January following that they might take their measures for holding of a national Council and that in the mean time Severities should cease That Assembly of Fontainebleau gave the Pope fresh Jealousies and he was the more afraid of the National Council because he found that the Protestants likewise demanded it He sent therefore orders to the Cardinal of Tournon his Legate in France to endeavour what lay in his power to prevent the Assembly of the Bishops and pressed the affair of calling the General Council He proposed it once again to the Ambassadours and represented to them the disorders that would be occasioned by a National Synod but he could not forbear discovering the true reason of the hatred which he bore to these National Synods in which he had not the absolute power They pretend said he to subject the Pope and Court of Rome to a Council but I am ready to lay down my life rather than to suffer it Pro fide religione volumus mori He would have the Ministers of Princes to give their opinions concerning that affair The Emperour's Ambassadour according to his Master's intention was of the mind that the matter should not be hastened too much that a Diet might be assembled to consult about it but the other Ambassadours consented to a speedy Convocation of the Council according to the intentions of the Pope In the mean time the Politicians looked upon all this eagerness of the Pope to be a kind of Comedy For they thought it a clear case that if he could not avoid a Council he would at least endeavour to put it off untill he had enriched his Family and his Nephews and that afterwards he would be willing to give others good Examples of frugality and moderation and bear more easily with the Reformations that might be made in the Council About the beginning of November Letters came to Rome from the Emperour's Court still pressing that the Council might not be called at Trent and that that Convocation might not pass for a Continuation of the former Council because the Place and that Continuation would be stumbling blocks to the Lutherans and would raise difficulties never to be surmounted France continued likewise in the same mind and the Union of those two great Powers in the same Sentiments put the Pope into a great deal of perplexity and made him thereupon hold several Congregations At length he resolved to pass over all these difficulties he minuted the Bull of Convocation The Pope formes the Bull of Convocation of the Council and still chuses the City of Trent and devised a form that might give content to all as well those who were onely for removing the Suspension of the Council as the rest who desired a Council to be called anew He gave this title to his Bull The Indiction of the Council of Trent which seemed to insinuate that it was to be a new Council but in the body of the Bull he said that he removed the Suspension and made use of the word Continue This middle way contented no body and displeased both parties However the Pope did all he could to perswade Princes to be satisfied and sent orders to his Ministers in France to endeavour to remove all Scruples about the word Continue because that should not hinder but that the affairs which had been decided under Paul and Julius III. might be reviewed if the Council thought it expedient year 1561 The opening of that Assembly was appointed to be on Easterday in the year 1561. And the Pope dispatcht the Bull into all places with Nuncio's to invite not onely Catholick Princes to the Council but all Protestant Princes also He sent the Abbot Martinengo to the Queen of England but she forbid him to enter her Dominions though the Kings that were in alliance with her had used all their interests to perswade her to receive him He had likewise designed to have sent a Nuncio into Muscovy to invite the Czar who is of the Greek Church to come to
seventeen who said non placet nisi prius consulto sanctissimo c. The Plurality was evidently for the Divine Right of Residence since there were sixty eight Votes to thirty three besides the thirteen who were for it with submission to the good will and pleasure of the Pope so that it ought to have been concluded but instead of that the Faction of the Court of Rome started great Debates and the rest of the Congregation was spent in much confusion which obliged the Legates to dismiss the Assembly and having consulted together they resolved to acquaint the Pope with all that had past and to expect his answer This was not managed so privately The Spaniards make a great bustle because the Legates will not frame the Decree of Residence according to the Plurality of Votes but that it came to the knowledge of the Spaniards who were for Residence Jure Divino they openly complained of it and said that it was a palpable oppression that though a matter had been put to the Vote and debated with all the Formalities yet they would not submit to the Plurality of Suffrages that they sent to Rome for the Decision of a point which had been lawfully determined in the Council that that violent conduct contrary to the Liberty of a Council had given ground to the blasphemous saying which was in every body's mouth that the Holy Ghost which presided in the Council came weekly from Rome in the Cloak-back of a Courrier and that nothing was more unlike a free Council than the Assembly at Trent In a subsequent Congregation they would have brought the matter about again but their minds were so exasperated that they could not be perswaded to speak with moderation insomuch that the Cardinal of Warmia who presided in it was necessitated to break off the discourse and speak of another subject To busie the Prelates he proposed that they would think of means of procuring the liberty of the English Catholick Bishops who were in Prison that they might come to the Council It was reckoned a very civil Proposal but very impossible to be effected because no body was in a condition to constrain Elizabeth and she was in no disposition to value the Remonstrances of the Council Whilst the point of Residence was in agitation other Articles of Reformation which had been proposed by the Legates were also started in the same Congregations Of Priests without Benefice The Scope of one of these Articles was to hinder the Ordination of Priests without a Title that is to say without a Benefice or an Estate of their own sufficient to maintain them because that was the cause of the vast numbers of Indigent and Vagabond Priests The Ancient Canons provided that no man should be received into the Order of Priesthood if he had not a Benefice sufficient to maintain him and a Flock also to take the cure of that Priests might not be without employment The Council of Chalcedon amongst others prohibited Ordinations of Priests who had not a call to some Church Long after that Alexander III. in the third Lateran Council held in the year 1160. ordered that no Priest should be ordained without a Title unless he had an Estate sufficient to maintain himself But all this care has not as yet been able to prevent the being of a great many Vagabond and Mendicant Priests since the fortunes of such men which are commonly very small being spent they must needs fall into Poverty The Spaniards who held Residence to be of Divine Right made it a Remedy against all Evils and alledged it would prevent the disorder they had before them because then Clerks could not be made without Benefices nor Priests in Title of Estates without a Flock and without doubt they were in the right Others thought it hard that men other ways qualified for Orders should because of Poverty be rejected and said that it was no shame for the Poor Clergy to labour with their hands in imitation of the first Preachers of the Gospel that after all the Poverty of Priests was usefull to the Church and facilitated the means of performing Offices for the Dead which the Rich Priests would not take the pains to doe seeing an Itinerane Priest without Benefice or Estate says Mass for the Dead at a much cheaper rate than they who are rich and have the cure of Souls This opinion was not well relished because it would have had Priests who wanted business in the Church to labour with their hands for a lively hood which was not thought suitable to the Dignity of the Character But another way to prevent the Poverty of Priests was proposed and that was that a Bishop should ordain no man a Priest who had not a Benefice or Fortune sufficient for his maintenance and to hinder the squandering away of their Patrimonies that it should be enacted that they could not be alienated Gabriel le Veneur a French man Bishop of Evreux did with much reason oppose this alledging that the temporal Estates of Clergy-men were subject to temporal Laws which many times appointed Alienation and that though it were not so yet such a constitution would be a fair means to make Priests remiss in paying their debts Of Free Ordinations The third Article related to the Money that is given when one receives Orders not onely to the Bishop and his Secretary but to the Clark or Notary that expedes the Orders Our Saviour said freely ye have received freely give for eluding the force of this Law about the tenth Century they hit upon a knack of distinguishing in Ordination the Collation of Orders from the Collation of the Benefice they would not own the taking of any thing for Orders because it is a Spiritual Grace which cannot be sold but they would be payed for conferring the Benefice which is a Temporal Estate and this kind of Simony got footing afterwards under the name of Annates or first fruits fees writing seals and other titles The abuse encreased by the institution of Itinerant Bishops who now-a-days are called Suffragans They are a kind of Lieutenants to Bishops who perform the Ecclesiastick and Episcopal Functions of the Diocess whilst the true Bishops in title who enjoy the Revenues are wholly taken up with the cares of the World These Suffragan Bishops having no Benefice nor Revenues were forced for a subsistence to draw Presents and take Alms from those on whom they conferred Orders The rich Bishops who could easily dispense with Alms let fly against that abuse and called it downright Simony On the contrary the poor Bishops who were present wanted not arguments to prove that they might take free gifts from those who received Orders they alledged that such as would hinder those free gifts had a design to extinguish Charity that the reasons which they made use of struck at all voluntary offerings that are made at Confession at Mass and at Funerals But the strongest of all their reasons was
should be abated and that in some places the distinction of Meats Lent and the Celibat of Priests should be abolished And these were the Principal heads of their demands The Legates designed if possibly they could to have supprest that Piece which they looked upon as terrible and therefore they gave the Ambassadours a fair and soft answer that these matters could not be moved in the next Session but that they would lay hold on an occasion to discourse them with the Fathers of the Council This answer gave no satisfaction to the Ambassadours and therefore they sent the Archbishop of Prague by Post for new instructions that he might make all haste and be back again before the next Session The Legates on their part also thought fit to acquaint the Pope with what past and dispatcht to him Leonardo Marino Archbishop of Lanciano he had orders to pacifie the Pope and Court of Rome who were much dislatisfied with the whole Council and particularly with the Cardinal of Mantua but the Anxiety of the Pope was doubled when he saw the Proposals of the Germans he well perceived that the Emperour in prospect of having his Son elected King of the Romans liad a design to gain the Protestants he dreaded the arrival of the French Prelates who were to joyn with the Spaniards and Germans and made no doubt but that they would offer bolder Proposals and more prejudicial still to his Authority And this made him seek out Pretexts for raising of Soldiers that so he might be in a condition to maintain his Grandure by the Arms of the Flesh if the Arms of the Spirit did not succeed with him His design of opposing the Enterprises of the Huguenots who troubled the County of Avignon afforded him a very plausible Pretext Under that colour then he levied four thousand Switzers and three thousand German Horse part of them he sent to Avignon and furnished the Duke of Savoy with money to arm for the same cause At the same time he endeavoured to form a League amongst the Ministers of the Princes that were at the Council against the Protestants but no body would consent to it all the Princes excusing themselves upon particular accounts but using this reason in general that it would be a hinderance to the Continuation of the Council That last reason weighed not much with the Pope for the Rupture of the Council which the Princes so much feared was the thing that he most desired and therefore he proposed once again in Consistory the deciding of the Debate about the Continuation of the Council according to the intention of the Spaniards thereby to vex the Germans and French and force them to withdraw In the mean while he complained continually of the manner how he was used and said that Lansac seemed rather the Ambassadour of the Huguenots than of the King of France that he and his Collegues fomented the Divisions and encouraged those that raised the Authority of the Council above the Pope an heretical opinion said he the Abbetters whereof he was resolved to prosecute and punish He accused Lansac of having said that so many German and French Bishops would come as should be strong enough to drive the Idol from Rome He found no less fault with the Cardinals of Mantua Seripando and Warmia his Legates saying that they deserved not to wear the Hat of a Cardinal He sent Carlo Visconts Bishop of Vintimiglia with Orders to watch over their proceedings promising him a Cardinals Cap at the first promotion wherein he was as good as his word He gave him a list of those who were faithfull to the Holy See that he might converse freely and open his heart to them Visconte faithfully discharged his Commission and was a very exact Spie in the Council giving the Pope an account of the least thing that happened there Cardinal Simoneta had given the Pope advice that the Cardinal of Mantua had engaged himself by an express promise to bring the Point of Residence into play again this made him break out into an open passion and he had certainly been transported into some rash action had not the Archbishop of Lanciano arrived very opportunely who acquitted himself extraordinary well of his Commission in justifying the Cardinal He presented to the Pope a Letter signed by more than thirty Bishops who protested to his Holiness that they had not the least design to lessen his Authority by demanding that Residence might be declared to be of Divine Right That calmed him a little and disposed him to receive more patiently the excuses of the Cardinals of Mantua Seripando and Warmia so that by the pains of the Archbishop of Lanciano the Pope became more moderate wrote to the Legates in a softer Style and acquainted the Fathers that he desired the Council might be free that he was not against the deciding of the Point of Residence but that they must wait till the heats and animosities were over In particular he gave orders to tell the Cardinal of Mantua that he was satisfied with his innocence and that with much Joy he acknowledged it Poor Camillo Oliva the Cardinal of Mantua's Secretary had no share in his Master's reconciliation with the Pope for after the death of the Cardinal as that faithfull Servant waited on his Corps to Mantua the Pope upon idle and silly Pretexts caused him to be put into the Inquisition where for many years he suffered inconceivable misery The Divines give their opinion about the Demand of the Cup which the Germans made During this time the Fathers of the Council were employed in examination of the matters which were to be decided in the next Session The Congregations began the ninth of June and continued untill the three and twentieth Threescore Divines were heard upon the Point of the Communion in both kinds but that being a Point of Antiquity for the knowledge of which School-Divinity was of little use they came very ill off about it They all agreed that the Cup was not necessary and endeavoured to prove that from the very times of the Apostles dry Communions had been in use because there is often mention made of breaking of Bread without speaking any thing of Wine They proved the same Communions without the Cup also by the Communion of the Laicks which is frequently mentioned in the writings of the Ancients when any Member of the Clergy fell from his Post he was turned off to the Laick Communion Now said they seeing that Communion of Laicks is distinguished from the Communion of the Clergy it must needs have been different and that difference could be no other but this that the Clergy communicated in both kinds and the People onely in one A little more knowledge in Antiquity would have taught them that the Communion of Laicks was not different from that of the Clergy but onely in Order and Place for the Clergy received in the Chancel and before the People and the People afterward extra cancellos in
the Decree of Gratian. In the Congregation of the tenth of July Leonard Haller Titular Bishop of Philadelphia moved that it was necessary to stay for the Germans as a few days before Daniel Barbaro Patriarch of Aquileia had demanded that they might stay for the French to the end that the Council might be called General as being made up of all Nations for there were none but Spaniards and Italians in it and these Italians almost all of them the Pope's Pensioners who most cunningly stood up for the Interests of the Court of Rome There were even some that said publickly enough that that Council was not the Council of the Universal Church but of the Pope since he did in it what he pleased and these were those who had spoken with some freedom as to the Point of Residence The Papal Party had a great pique against them which appeared so plainly that they did not think themselves secure enough even at Trent and therefore they thought of withdrawing some of them had already obtained leave amongst whom were Egidio Foscararo Bishop of Modena the Bishops of Viviers Acqui and the Archbishop of Surriento But the Ambassadour of Portugal having represented that that would do hurt to the reputation of the Council seeing the cause of their departure was generally known they were detained by fair promises of better usage for the future However there was no notice taken of the demand that was made of waiting for the coming of the German and French Prelates In the following Congregations the Chapters of Reformation were read and some Bishops spoke with a great deal of liberty As to the Point of free Ordinations the Bishop of Vegla an Island near Sclavonia said that it would be to no purpose to lay a restraint upon ordaining Bishops not to take money if at the same time it were not Decreed that no fees should be taken at Rome for Dispensations to receive Orders out of the usual times and before the Age appointed that the greatest expence was there and that the small gratuities given at Ordinations was nothing to it He farther said that when any such Dispensations were presented to him it was his custome to ask if they had cost any money and that if he found they had been bought he rejected and did not value them As to the Point concerning those that got into Priests Orders without a sufficient Estate to maintain them the Bishop of the five Churches spoke with great freedom that it was of much more importance to prevent a mans entering into Orders without having a Church and Cure to serve than to hinder him upon the account of wanting an Estate and that it was very disgracefull to the Church to have priests who had no other Employment but to live idly and take their ease upon a good fat Benefice In one of the Articles of Reformation it was ordained that great Parishes should be divided into two that they might be the better served whereupon the same Bishop said that that was good but that it was much better to divide the Bishopricks which are of so great extent that it is not possible for one man to take the care of so many Souls These opinions pleased no body neither the Prelates nor the Presidents Afterward the Bishop of Sidonia an Hungarian took the boldness to say that all these petty Reformations of the Members of the Church signified nothing so long as the Head continued without Reformation that it behoved them to begin with the greater matters and that the lesser would pass without any difficulty This liberty was very offensive to the Legates and therefore they met to consult about means of repressing that boldness John Baptista Castello Promooter of the Council who had discharged the same office in the Council under Julius III. said that the course must be taken which had been used by Cardinal Crescentio who enjoyned the Prelates silence when they did in the least deviate from the Subject that had been proposed But the Cardinal of Warmia did not approve that conduct and affirmed that God had not blest the Council of Julius because he approved not those violent methods of Cardinal Crescentio that after all it was impossible to avoid contests in Councils The Cardinal of Mantua was of the same Judgment So that they thought it sufficient to limit every one to a certain time in speaking and to make it short that so they might not have leisure to speak many things which might give disgust The day for holding the Session which was the sixteenth of July drew nigh and the Germans who had consented that nothing should be moved in it about the permission of the Cup demanded now a great deal more and urged that nothing might be done at all that so they might give time to their Bishops to come The Legates to prevent the disgrace of being so long without doing any thing would needs have the Chapters of Doctrine and Reformation which had been minuted to be published And they must be read overagain in the Congregation before they could be published in the Session which was not done without debate In the second Chapter of Doctrine these words were slipt in that the Church might as well take away the use of the Cup as it had changed the form of Baptism Jacobo Gilberto de Nogueras Bishop of Aliphe a Spaniard starting up said that that was Blasphemy because the Church had no Power to change the form of Sacraments nor to alter any thing that is essential to them and that in effect the form of Baptism had never been changed that hint was taken notice of and the Clause left out In the third Chapter it is said that he who is barred from the Cup is not deprived of any Grace necessary to Salvation and that therefore the Church has Power to retrench it The Cardinal of Warmia one of the Legates set on by some Divines observed as to that that thence it might be inferred that the Church may wholly take away the Eucharist because it is not necessary to Salvation and desired some alteration in that Clause But Cardinal Simoneta being vexed at what had past in the Congregation told the Cardinal of Warmia that he had very imprudently suffered himself to be put upon in making that Overture and that if he would everlastingly give ear to those Doctours accustomed to the cavillings of the School nothing could be concluded in the next Session The Cardinal of Warmia submitted excusing himself in that what he had done was designed for a good end In the Congregation that was held the day before the Session there happened some Debates still as in all the rest but they were not very considerable and continued not long session 21 Now it was the sixteenth of July 16. July the day appointed for the Session and the Legates Ambassadours and Prelates went to the Church with the usual Ceremonies After Mass and Sermon the Decrees were read the Decree of
the Bishop thought it convenient to explain himself and to say that his meaning was that the Decrees ought to have a Directive but not a Coactive Power in regard of the Head of the Church There were not now above three or four days to the sitting of the Session and yet a great deal of business to be done particularly the important point about the Concession of the Cup was not as yet fully adjusted and withall the French Ambassadours were still urging a delay of the Session The French Ambassadour at Rome did so instantly press it that the Pope was fain to tell him that he referred it wholly to the Council that it was the business of the Fathers and that it was no wonder if they refused delays but that he was ready to write to Trent that for his own part he was content that they should condescend to the delay which the French demanded In effect he did write much to this purpose But Cardinal Simoneta who knew more of the Pope's mind than was contained in the Letter stood firm against a Prorogation and carried it for he was fully satisfied that the design of the Court of Rome was to put an end to the Council speedily and that the Pope had onely written that Letter to ease himself of the importunities of the Ambassadour and to load the Legates with the displeasure of the French When it was once resolved that the Session should not be Prorogued the Chapters about the abuses in the Mass and the eleven Articles of Reformation were quickly dispatched nor did they find so much difficulty as they imagined concerning the matter of the Cup. The Legates drew up the Decree of Reference which imported that the affair was referred to the Pope that with the advice and consent of the Council his Holiness might doe therein what he should judge expedient Because those words seemed to intimate that the Council consented that the Pope should restore the Cup to some People if he thought fit all who were for the refusing of it opposed the passing of that Clause and the Legates as being out of humour wholly abandoned the matter But the Emperour's Ambassadours who desired that upon any terms the Cause should be referred to the Pope because they were confident of obtaining from him what they desired pressed the Legates to leave out the Clause that was excepted against and to propose the Decree a second time The Legates would willingly have done it but because of the short time that remained they foresaw that if that affair were stated again it would still furnish new matter of Debate and that so the Session must of necessity be put off They therefore were positive not to speak a word of that Decree but the Ambassadours protested that they would no more appear in any Congregation or Session since they used the Emperour with so much contempt untill they had informed him of all that had past and received new Instructions from him This Protestation obliged the Legates once more to propose the Decree of Reference with the Amendments that had been made in it And at length the matter was carried by Plurality of Votes though opposed by all that stood for the absolute refusal of the Cup. And thus all things are now in a readiness for the Session which was to be held the morrow after The Germans were indeed somewhat satisfied in that they had carried this Point but on the other hand they were extremely displeased that there had been so little regard had to the Emperour's Instances for putting off the matter of the Mass till after the Diet of the Empire in which he hoped to obtain something of the Protestants And therefore seeing all things in a readiness for the Session they assembled together into their house the French and all the other Ambassadours of Princes except the Ambassadours of Venice and Florence who refused to come In which Assembly the Bishop of the five Churches made a long Speech and told them that hitherto the Council had been amused with matters of little Importance that their whole business had been to make Decisions which were good for nothing but to exasperate the Protestants neglecting the necessary work of a good Reformation that all things were now in a readiness for the next Session and no way left to prevent it but that it behoved them at least to take care for the future that the Legates might not continue to do the same that therefore it was incumbent on them so to order Affairs that in the subsequent Session the Point of the Sacraments or any other matter of Doctrine should not be handled but onely the Reformation which all Europe so passionately desired The Secretary of the Marquess of Pescara the Spanish Ambassadour opposed this opinion for he feared that if the method of proceeding which had been hitherto used came to be altered it might give occasion to think that the Council was a new Council and doe a prejudice to the King his Master's design who intended to oblige the Fathers before their separation to declare that this Council was a Continuation of the former so that Doctrine and Reformation having been always treated of joyntly he would not consent that the Council should be moved to omit the matters of Doctrine and apply themselves onely to Reformation And for this reason he withdrew as also the Ambassadours of Portugal and the Switzers did The rest remained and deputed Lansac the French Ambassadour to propose the matter in name of them all He made the Proposal to the Legates much to the same effect as hath been mentioned but in softer terms that he might give them no cause of offence The Legates answered very civilly that it was the design of the Council to settle a good Reformation that what was already done was nothing to what they intended to doe but that it was impossible to alter the method which had been hitherto observed in treating of Doctrine and Reformation joyntly that it was in like manner impossible to put off the next Session because all the Fathers were weary of Trent and it was not reasonable to detain them and doe nothing The Ambassadours made no reply seeing they were just going to the last Congregation to adjust the Decrees In that Congregation the Archbishop of Granada made fresh instances for a Prorogation of the Session but all in vain the Decrees were read again and new Debates as was usual began to be started about the Form but the Legates found ways to keep all things in quiet session 22 17. September 1562. And thus in spight of all opposition the two and twentieth Session was held the seventeenth of September The usual Ceremonies past and the Bishop of Vintimiglia made a long Harangue in praise of the Pope After that a Letter from Cardinal Amulio Protector of the Oriental Nations was read in the Assembly This Letter informed the Council that one Abdissi Patriarch of Muzal was come to render homage
raised and so they interrupted the Congregations But this Remedy augmented the Disease and occasioned complainings against the Legates and many private Assemblies where new measures were dayly taken against the interests of the Court of Rome After seven days had been spent without any Congregation the Spaniards lost all Patience they went to the Legates who were met at Council and demanded Audience for making new Instances that Episcopacy might be declared to be of Divine Right This they did in a stately grave manner according to the humour of that Nation protesting if that were refused them they would appear no more in any Congregation or Session To Counterpoise this Party the Legates solicited eighteen or twenty Prelates to demand with the same earnestness that no Decision might pass upon that matter They looked upon this as an excellent Sally-port to get out at For said they some would have it others oppose it what course can be taken to please both Parties But this fetch of the Legates did not take for that made the contrary Party fortifie themselves and to keep private Assemblies in greater number to find out means for supporting the Interest of their Cause The Pope's Party did the like so that the Council was broken and divided into a great many little Conventicles which made so great Tumult that at length the Legates feared some disorder The Cardinal Simoneta was most concerned in the allarm because he saw himself alone exposed to the shock of so many contradictions He complained that he was not seconded by the Cardinals of Mantua and Seripando and that they had still some secret inclination for the Party that opposed the Interests of the Court of Rome The Presidents had likewise procured Letters from the Marquess of Pescara wherein he pressed the Spaniards to condescend and not to offer at any thing that might be opposite to the Interests of the Holy See But they had no regard to the Instances of the Marquess they made Protestations indeed that they had no intentions of proposing any thing contrary to the Interest of his Holiness nevertheless they declared that they could not abandon the truth which they had espoused and that they doubted not to find easie means to Justifie their Conduct to the King that they were sent to act according to their Consciences and that they could doe nothing to the contrary And in effect they sent one of their number to Spain to Justifie all their Proceedings to the King At length the Congregations began again the third of November and the Legates proposed afresh the Articles of Doctrine concerning the Sacrament of Orders The matter of Residence is again proposed afresh This was handled three days that is the same things that had been said before were said over again In fine the Legates after so long delay being overcome by the instances that were made to them to keep their promise they had made of bringing the Point of Residence again under Deliberation resolved now to propose it They laboured to make a Decision that might give content to all but found it a difficult task to cast it in such a mould as might satisfie both the Pope and the different Parties that were in the Council For the Council was divided into three almost equal parts the first were for referring the matter to the Pope the second would have it decided in the Council and the third that it should be handled in the Council but with the consent of his Holiness There were four different opinions concerning the manner of framing the Decree about Residence Some were for having the Necessity of Residence onely decreed under such Penalties and Rewards as might keep Bishops from violating that Law Others were of opinion that the Decree should be a bare Decree of Reference to the Pope But some desired that that Reference might be demanded by the Prelates and others that it should be demanded by the Presidents so that this second Party branched out into two The third and last were of the Judgment that the Pope without consulting the Council should anticipate its Decisions and emit a Bull commanding Residence and then the Council would press the matter no more it beng already done to their hands But the Legates found Difficulties in all these opinions It is true that the Bishop of Mazara a Town in Sicily had by canvassing and caballing brought over seven Bishops from the Spanish Faction and perhaps that was the thing that brought them to a determination For at length they resolved to strike in with the first opinion and to frame the Decree without deciding whether Residence were of Divine Right or not but onely enjoyning it as necessary under Penalties and Rewards The Cardinal of Mantua proposed it to the Congregation in that form and did it with all the Address he could He gave them to understand that all that could be required was onely a punctual performance of that which every one judged necessary and that it was not convenient to deviate from that by needless Questions that the matter was not great of what Right Residence were provided it were duely observed and added that it was the opinion of M. de Lansac the French Ambassadour In the Decree which was read among other things it was enacted that Resident Bishops should not be obliged to pay Tenths to their Princes And this Clause was very gratefull to the Bishops but it startled all the Ambassadours and engaged them to oppose the Decree Lansac the French Ambassadour took notice of two particular wrongs in the Conduct of the Cardinal of Mantua the one was that in the Decree the Catholick King was named before the most Christian King and the other that the Cardinal had abused his Confidence For though he had in Discourse let slip a word and said that it signified not much whether Residence were of Divine Right provided it were observed what he spoke as a private Person in a familiar Conversation ought not in his opinion to have been mentioned in Council as the opinion and advice of an Ambassadour The satisfaction which the Prelates received in that the Council had exempted them from Tenths lasted not long their eyes were immediately opened and were let see that it was a snare laid for them and a plausible wheadle to make them the better digest the refusal of declaring the Divine Right of Residence which was obstinately made them And indeed they well perceived that the Council intended to grant them a Privilege which they could not put them in possession of because Princes would never give way to it nay the Italians themselves were made sensible that even in the Ecclesiastick State matters would goe as they had gone before and that they would be still made to pay by virtue of a fair non obstantibus c. They come again to the question whether Episcopacy be of Divine Right In the Congregation the day after they came to speak again of the Sacrament of Orders
that number comes far short of most part of the Ancient Councils None of the French spoke neither in this nor in the following Congregation because they waited for the Cardinal of Lorrain The Party of the Court of Rome looked upon these new-comers as a powerfull reinforcement come to the assistance of their Enemies and therefore they doubled their vigilance and thought it best to fortifie themselves by new Councils The Archbishop of Otranto was one of the leading men of that Party and one of the most zealous sticklers for the Grandure of the Pope He had a mind to assemble all those who were linked with him in the same Interests but so as it might not appear to be done with intention to treat of business and for that purpose on the nineteenth of November he made a great Entertainment for the Prelates who were called the well affected He that invited them told them that for the sake and service of the Holy See they should not fail to come It was not doubted but that design was laid for making a League against the French and they had certain notice given them that there had been long Conferences about the Subject in that Assembly An action that M. de l'Isle the French Ambassadour had done at Rome encreased these Umbrages against the French for during an indisposition which by some accident had happened to the Pope that had almost cost him his life he began to tamper and carry on a kind of Negotiation that if the Pope should chance to die the next Pope might be chosen at Trent by Nations and that the See might remain Vacant untill the Reformation should be completed that so the Council might be free and that the Pope Elect might accept of that Reformation according as he should find it setled This vexed the Pope to purpose for besides that these designs did not at all please him men do not like that way of counting before the Host and framing of Designs in prospect of their death All these things together allarmed him mightily so that he held several Congregations of Cardinals wherein he desired them to find out some sure means to secure him from the Enterprises of the Council which as he said he considered as his greatest Enemy He was certainly very faithfully served by his Pensioners and yet it was not altogether to his mind for he complained that all the Bishops whom he entertained were against him and that he sed an Army of Enemies at Trent Notwithstanding he continued still to multiply these Enemies for he sent away all the Italian Bishops that were at Rome even to the Bishop of Aosta Ambassadour there from the Duke of Savoy But he discharged the Archbishop of Torre from going thither because in the time of Paul III. he had maintained the Divine Right of Residence with some Zeal and Fervour He made the same prohibition to the Bishop of Cesana because he was the intimate friend of the Cardinal of Naples whose two Uncles the Carraffa's the Pope had put to death by the hand of the common Executioner besides the Persecutions wherewith he had afflicted himself and so had reason to consider him as an Enemy About the same time he dispatched into France Sebastiano Gualtero Bishop of Viterbo a thorough pac'd Zealot for the Interests of the Court of Rome The pretext of this Embassie was the carrying of forty thousand Crowns to the King being part of an hundred thousand which the Pope had promised him for the War against the Huguenots but the true reason was that he might be a Spie over the Actions of the Council of France The Cardinal of Lorrain is received in Congregation he speaks and after him du Ferrier who offends the Council At length the Cardinal of Lorrain resolved to appear in Congregation the twenty third of November The French and he had agreed that he should first make a Speech and then the Ambassadour Du Ferrier At first the Legates opposed this Resolution saying that in this Council neither under Paul nor Julius it had been allowed that Ambassadours should speak publickly in Congregation but onely on the day of their Reception But at length they suffered themselves to be over perswaded by the Cardinal of Lorrain and permitted Du Ferrier to speak The King's Letters to the Council were then read which contained onely Prayers and general Exhortations to set about a Reformation of the Church The Letters being read the Cardinal spoke and began with a long and pathetick description of the miseries which the Wars about Religion caused in France and prayed the Council to remedy them He insisted upon what he had already said to the Legates that they should avoid all unnecessary questions and then demanded two things in the name of the King of France first that they might have some respect to those who were separated from the Church in granting them all that might be allowed without doing prejudice to the Faith and that they would consider them as Brethren as far as might be Next he demanded in name of the King a Reformation in the Church whereof he laid open the extraordinary Corruptions and there took an occasion to make an ingenious Application to the Clergy of the History of Jonas We we are the cause of the Storm said he throw us into the Sea and the Tempest will cease The Cardinal of Mantua made a civil answer to that Harangue protesting that the Council had always been extremely concerned for the miseries of France and would doe all that was possible to clear the truth confirm the true Service of God and rectifie the manners and the disorders in Discipline The Ambassadour Du Ferrier had leave to speak next and spoke very smartly He told them that his Master demanded that the Church might be restored to its Ancient Lustre and that the good and holy Laws which the Devil had stole away and hid might be brought back from Bondage into the City of God He made use of an Allusion that prickt to the quick the Adorers of the Court of Rome If you ask me said he why France is not in peace and whence proceed those horrible divisions that rend it in pieces I shall answer as Jehu did to Joram when he asked is it peace Jehu What peace so long as c. answered he here he stopt saying ye know the rest And indeed they all supplied what was wanting in the Citation by the rest of the Text What peace so long as the Whoredoms of thy Mother Jezebel and her Witchcrafts are so many He concluded that if they endeavoured not that Reformation all the Bloud that should be spilt would be demanded at their hands This Liberty did exceedingly displease the Pope's Party but they Legates dissembled their discontent because they were afraid of the French The Cardinal of Lorrain holds private Congregations in his house which allarms the Legates and Court of Rome It was the Cardinal of Lorrain's custom afterwards to
hold Congregations in his house of French Prelates and Divines And the Legates lookt upon this as an encroachment fearing that if the Spaniards did the same the Council would at last be crumbled into a great many Caballs However seeing they durst not openly oppose it they gained two Traytors one amongst the Spaniards called Bartholome Sabastiani Bishop of Pati in Sicily and the other amongst the French named James Hugonis a Cordelier Doctor of the Sorbonne and Divine to the Cardinal of Lorrain This last Spie gave them a faithfull account of all that past in their Assemblies and discovered to them the Mysteries of the Court of France Amongst other things he told them that most of the evils of France were occasioned by the Queen-Mothers favouring the Hereticks that the Ambassadours who were at Trent were corrupted also that the Cardinal of Lorrain was in reality a good Catholick but that his head run upon some impertinent Reformations as the restoring the Chalice to the People the taking away of Images and the bringing the Vulgar Tongue into use in Divine Service wherein he was seconded by the Duke of Guise and his other Relations but that of all the rest the Bishop of Valence ought to be most suspected because he sided with the Queen for favouring the Hereticks The Bishop of Vintimiglia to whom he imparted every thing that past gave him fifty Crowns of Gold which after some Ceremonious refusal he accepted The Session was to have been held the six and twentieth of November But there was nothing in readiness and it was to little purpose for the Legates to complain of the tediousness of the Prelates in giving their opinions the Session must of necessity be deferred sinedie because they could not tell when matters would be ready During all this the Spaniards abated nothing of their Zeal for having Episcopacy to be declared of Divine Right The Senator Molinez being sent by the Marquess of Pescara from Milan came to Trent to deal with the Spamards that they would condescend but that was to no purpose The Cardinal of Lorrain in one of the private Congregations that were held at his house desired the French Prelates and Divines to give their opinions about that question And they unanimously agreed that Episcopacy was of Divine Right However they were not so eager upon it as the Spaniards to have the Point decided by the Council On the contrary they would have been very well satisfied that the Council should have waved those curious questions as they called them and applied themselves to the matter of Reformation which in their opinion was of far greater Consequence and that they also moved in the publick Congregations and many times warmly urged it In the Congregation of the twenty sixth of November the Bishop of Nimes moved that they should not concern themselves so much about a Controversie of so little Importance wherein there was no more but a strife of words but that some regard ought to be had for other Prelates and for time which was thereby sadly mispent Don Diego Covarruvias Bishop of Rodrigo replied that they had been obliged to give their opinions upon that Subject since the matter had been proposed by the Legates The Cardinals Seripando and Simoneta rose up and denied that the Legates had made the Proposition and because they sound themselves backt by the French they spoke bitterly against the Liberty that the Spaniards took to themselves This matter grew so high that it disgusted the Cardinal of Lorrain who was vexed that he had been the cause of the harsh usage of the Spaniards Whilst they were casting about for means to make dispatch in Business some proposed the deputing of Committees to determine several matters whilst the Council should be taken up about others But this was not embraced by the Italians because it was proposed that these Committees should consist of an equal number of Deputies from every Nation and the Italians who were most numerous in the Council would not lose their advantage but insisted to have proportionably more Deputies in those Congregations which being disliked by the rest the Proposition went no farther In the Congregation of the first of December there happened a scuffle that made great noise Melchior Avosmediano Bishop of Guadix a Spaniard reasoning about the Canons which the Legates had minuted and presented to the Council The Bishop of Guadix basely used for having spoken with some liberty in favour of the Bishops made some reflexions upon a Clause of the last Chapter which imported That Bishops who are called by the Pope are true and lawfull He observed that that kind of expression was Ambiguous that it expressed not what was intended it should seeing all that was intended was to assert that Bishops who are promoted to that Dignity by the Pope without Election and without being inaugurated by other Bishops are notwithstanding true and lawfull Bishops whereas as the Canon stood worded it would seem to insinuate that a Bishop could not be a lawfull Bishop without being called and confirmed by the Pope which was not true To prove this he alledged the instance of the four Suffragans of the Archbishop of Saltzburg who took no confirmation from the Pope and were nevertheless owned to be lawfull Bishops Cardinal Simoneta interrupting him solved the difficulty thus that if the Archbishop of Saltzburg and other Primats confirmed Bishops they did it by Authority from the Pope But Tomaso Cassello Bishop della Cava in the Kingdom of Naples a slave to the Pope and one whom the Legates employed to raise stirs rested not there for starting up he cryed out that the Bishop of Guadix ought to be turned out as a Schismatick Two or three Bishops of the same Faction seconded him and immediately followed a fearfull noise of Tongues Hands and Feet in the Assembly some for the Bishop who was accused of Schism and some against him This exceedingly displeased the Bishops beyond the Alpes who thereby saw what they were to expect when they should offer to speak with any freedom When the noise was over the Cardinal of Lorrain could not forbear to say that it was an insolent Procedure that the Bishop of Guadix had not spoken amiss and if he had been a French Prelate that he himself would have appeal'd to a freer Council that if such things were suffered the French would depart and hold a National Synod in France In effect this poor Bishop had so much reason in what he said that the Council was obliged to alter the Canon according to his advice and instead of Bishops called they said that Bishops promoted by the Pope are lawfull The Congregation met again next day and appointed the Session to be held the seventeenth of the same Month of December The Cardinal of Mantua severely Censured the Tumult which happened the day before the Bishop della Cava would not submit but Justified himself affirming that he had reason to say what he
came to the turn of the Spaniards and French speak many difficulties were started against the Decrees as they had been conceived by the Cardinals First this Clause was objected against that Bishops hold a chief rank depending on the Bishop of Rome that was thought to be an ambiguous expression but after some debate they who made the objection consented to have it said a chief rank under the Pope Some also did not like that it should be said that Bishops are admitted by the Pope in partem solicitudinis because that signified clearly enough that Bishops are appointed by the Pope and not by our Lord Jesus Christ but above all they stumbled at the Article of the Pope's Authority and that the Canon gave him the Pope to govern the Church Universal The French thought that by these words the Pope had a design to establish a Superiority over the Council They were nevertheless willing it should be said that he hath the power to rule all the Churches ecclesias universas but not the Church Universal ecclesiam universalem Most part fansied that to be a very nice distinction and of little solidity But the rest maintained that by giving the Pope power to govern the Church Universal they exalted his Tribunal above the Church whereas the Tribunal of the Church is exalted above that of the Pope They alledged that there was a great difference betwixt being exalted above all Churches that is to say above every Particular Church and being exalted above the Church Universal that is whole Church taken together and assembled in a Council This occasioned great debate the Pope's Party alledged the Authority of the Council of Florence which had made use of these terms and that did a little puzzle the Spaniards because their Countrey own the Council of Florence for a General Council But the French set light by that Authority and opposed to it the Councils of Constance and Basil which have defined the Superiority of a Council over the Pope Upon this occasion there arose a great contest betwixt the Italians and French for the Italians maintained that the Council of Florence was a General Council that that of Basil was Schismatical and the other of Constance partly approved and partly rejected But the French on the contrary denied the Council of Florence to have been a lawfull Council and said that the others of Constance and Basil were lawfull and General The Legates well perceived that no good would come of these contests and therefore that they might have time to sent to Rome the Censures which the Bishops on the other side of the Alpes had made upon the Decree composed by the Pope touching the Institution of Bishops and the Authority of the Holy See they employed the Congregations about the Point of Residence The Cardinals of Lorrain and Madruccio the day before had mode a Project of Decision concerning the Controversie of Residence which displeased not the Legates But the Presidents having had time to reflect upon it observed a Clause that gave them Umbrage which was that Bishops are obliged by the Command of God to guide their Flocks and to watch in Person over them They knew very well that the Pope would make a sinister interpretation of these words and think that they favoured the opinion of the Divine Right of Residence and therefore they left it out of their own heads and presented in the Congregation the Minute corrected after their own way That action choaked the Cardinals of Lorrain and Madruccio Lorrain protested that for the future he would not meddle in any thing and Cardinal Madruccio said that in the Council there was another secret Council which took all the Authority to it self The Legates finding that they gained no ground put a stop to the Congregations in expectation of an answer from Rome and the Pope's Party began to make Factions that they might break up the Council for good and all At this the Cardinal of Lorrain broke out and acted with less reserve than he had formerly done He complained that there was a design of breaking up the Council he spoke to the Ambassadours of Princes that their Masters might intercede with the Pope not onely for the Continuation of the Council but especially that it might be left to its liberty saying that nothing could be proposed or resolved upon but what pleased the Legates that the Legates did nothing but what the Pope thought fit and that Decisions even about the smallest matters must be expected from Rome that if matters went on still in that manner they would make a pacification in France whereby all should have liberty to live as they thought good untill the holding of a free Council that for his own part he would have patience untill the next Session but that if affairs went no better he would protest and withdraw and carry all the French along with him that they might celebrate a National Council at Home The French Ambassadour residing at Rome made the same Expostulations and Menaces that the Cardinal did at Trent But the Pope began to be accustomed to that noise and was not a whit startled at these Bugbears of National Synods He made answer that the Council was more than free that it was even licentious that if the Italians made any Factions and Cabals he knew nothing of it but that yet they were forced upon it if they did so by the violence of the Bishops beyond the Alpes who endeavoured to trample under foot the Authority of the Holy See The Bishop of the five Churches the Emperour's Ambassadour for the Kingdom of Hungary went about the same time to wait on his Master and to inform him of the Factions and Conduct of the Italians The Archbishop of Granada and those of his Party entreated him to procure from the Emperour a Letter to the King of Spain praying him to solicite a Reformation The Legates were informed of this and looked upon all that Conduct as an effect of the Councils of the Cardinal of Lorrain and to Countermine that League they deputed John Francisco Commendone Bishop of Zante to the Emperour under pretext of Justifying the Council in that they had not as yet proposed the Articles of Reformation which his Imperial Majesty had presented b his Ambassadours Seeing these misunderstandings grew dayly greater and greater the Legates sufficiently perplexed sent a writing to all the Ambassadours begging the Assistance of their Councils in the present Junctures The French slipt not that occasion to tell their minds freely and therefore said that the Council was made use of to encrease corruptions instead of lessening them that a stop ought to be put to those shamefull underhand dealings which were continually practised that they ought not to labour to raise the Pope above the Church Universal that the best way was to follow the Decrees of the Council of Constance And farther added that one cause of disagreement was that the Clark of the Council did not faithfully set
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
of the peace by the necessity of the times which admits of no Law But these excuses satisfied not the Council and particularly the Bishops could not digest that the King in the Preface of the Edict of that Pacification did say that he had hopes that either a General or National Council would speedily compose all the publick troubles for that did insinuate as if he distrusted the success of the Council of Trent and tacitely threatned the calling of a National Assembly The two and twentieth of April had been pitcht upon for holding of the Session and the day before a General Congregation was called wherein the Legates were of opinion that it should be deferred untill the third of June But the Cardinal of Lorrain objected that it was a shame to assign so often the day of the Session and never to hold it that therefore it was not fit any more to prefix a day but that the twentieth of May following the Council might meet and consider of a day when it could be held This advice carried it by unanimous consent and though it seemed to be a deliberation of very little consequence nevertheless the Bishops of the Pope's Party conceived Jealousies because the opinion of the Cardinal had been so generally followed They said that the Pope had a great deal of reason to call him the Head of a Party that he alone obstructed the expedition of affairs in Council and the Translation of it to Bologna But as to the prolongation of the Council and delay of the Session the Legates concurred in that as freely as any in hopes that the more Zealous would either be gone or abate their fervour During this intermission of Synodal actions the Spanish Bishops were not negligent in their affairs Their heads ran still upon the design of having Residence and the Institution of Bishops declared to be of Divine Right and at the same time an accident happened that confirmed them in this fond opinion A Jacobin called Peter Soto died at Trent upon his death-bed be wrote a Letter to the Pope by way of Confession and therein as a dying than took the freedom to solicite the Pope that he would sufâ—er Residence and the Institution of Bishops to be declared of Divine Right Another Monk of the same Order and in all likelihood his Kinsman since his name was Louis Soto dispersed Copies of that Letter for the Credit and Reputation of the Deceased One would think that the Authority of a single man and a simple Monk should not be of very great weight but the words of dying men are armed with a Natural Authority that cannot be resisted because they are lookt upon as the Sentiments of a Conscience stript of all Hypocrisie discharging it self towards men that it may be able to appear and render a faithfull account before the Tribunal of God And the Spaniards reckoned them so for that Letter of Soto's revived their Zeal They used all means to gain the Count de Luna the Archbishop of Granada informed him of all that was done in the Council and made him sensible of the slavery it lay under Discoursing one day of the Bishops of Liria and Palti both Spaniards who had fallen over to the Party of the Court of Rome he said they are naughty men who suffer themselves to be loaded like beasts and are good of force and eloquence He succeeded very well in his design of netling the Pope's Party and they on the other hand did not spare him for Cardinal Morone set him off in his Colours and laboured to perswade the Emperour that Lorrain and his French were the Cause of all the Disorders of the Council This Intrigue came to the Cardinal's Knowledge and encreased his Discontents Cardinal Morone comes back to Trent from Inspruck and the Emperour consents to the Conclusion of the Council without any thing dome about Reformation At length Cardinal Morone was dispatched by the Emperour and had no more from him but some general answers The Emperour told him that he would defend the Pope's Authority against Hereticks if need required that he would not goe beyond Inspruck that the Translation of the Council to Bologna was impossible that he could not take his Coronation from the Pope without consulting the Diet that he wished a Reformation might be made at Trent and that all might have liberty to propose there This was the answer that was published but they who knew better the Secret Transactions of that Conference affirmed for a certain that Cardinal Morone had brought the Emperour and King of the Romans to consent to the separation of the Council He made them sensible that it was impossible to obtain any Reformation because every thing that could be proposed would always find some whose interests would oblige them to oppose it and hinder all resolutions because all men are willing to continue in the Condition they are in It was therefore said that there Princes yielded to his reasons and consented that the Council might have an honourable Funeral that is that it should be suffered to disperse it self by little and little for avoiding a scandalous Rupture And indeed it is more than probable that they lost all hopes of obtaining any thing in that Council for their instances ceased or at least diminished and if they made any it was onely because they thought it not prudent by falling off all of a sudden to give occasion of being taken notice of They chose rather to retreat without noise because they were somewhat ashamed that they had not believed that noted Saying of St. Gregory Nazianzen That the troubles of the Church are always encreased by the Assemblies of Bishops and they were unwilling to make open Confession that they were deceived in the Hopes that they had conceived of a Reformation THE HISTORY OF THE Council of TRENT BOOK VIII PIUS IV. CArdinal Morone Legate nominated by the Pope to succeed the Cardinal of Mantua returned from Inspruck where he had been to confer with the Emperour about the affairs of the Council and came to Trent the seventeenth of May. The twentieth of the same Month being appointed for prefixing the day of the following Session they began to treat about that but because nothing was yet in a readiness and that differences were still in fermentation the Legates perceived that it was not convenient to appoint a certain day for the Session Therefore in the Congregation of the nineteenth it was resolved to defer the choice of the day till the tenth of June The Count de Luna Ambassadour of Spain had his publick reception in the Congregation of the one and twentieth of May and them broke out to purpose the difference betwixt the Ambassadours of France and Spain A Contest betwixt the French and Spaniards about Precedence in relation to Precedence the Spaniards upon the most unjust pretensions in the World challenging place before the French Charles the fifth and his Predecessours as well by Father
and pressed the Legates that on Sunday following the Ceremonies might be performed with a Parity to both according to the Orders of the Pope Next day after this Scuffle he called together the Spanish Prelates and Italians of his Master's Subjects and represented to them the Necessity of shewing themselves vigorous on this occasion that the French would not fail to protest either against the Legates or against the King his Master or against him as Ambassadour and that they ought to be in a readiness for every thing which they promised to doe In the mean time the Ambassadours of the other Princes besought the Legates to find out some way of accommodation but they made answer that they had express Orders from his Holyness to make the Ceremonies equal that they had past their promise thereupon to the Count de Luna and that it could not be otherwise Hereupon the Cardinal of Lorrain protested to the Legates that if they made such an Attempt upon the Privileges of his Master he would take the Pulpit and speak in name of all the French that he would complain to the whole Assembly of the injury that was done them and that having laid open the Disorders that that would cause in Christendom he would come down take a Crucifix in his hand and goe out of the Church crying Misericordia that he would perswade the Fathers of the Council to follow him out of the Church that they might not be Spectatours of so Scandalous a Schism and that he was sure of bringing over a great many to his Party That Menace frightned the Legates they doubted he might be in the humour to doe as he said at least they were afraid to put it to the risque And therefore they obtained of the Count de Luna that no procession might be made on Sunday nor Chapel held till they had informed the Pope of all that had happened The French Ambassadours on their part made great noise and declared that they were resolved to protest not against the Legates who followed their Commission not against the Catholick King who maintained his Rights as he thought best not against the Count de Luna who obeyed his Master's Orders not in fine against the Holy See for which they had a great Veneration but against Pius IV. who called himself Pope and was not adding that they would prove him to be no lawfull Pope because he had insinuated himself into the Holy See by the way of Simony And for proof of this they produced two Scedules or Notes for considerable Summs one which Cardinal Caraffa had from the Duke of Florence for favouring the Election of the Cardinal of Medicis which Scedule Cardinal Caraffa had since sent to the King of France the other Scedule was under the Pope's own hand to the Cardinal of Naples and though that last Writing was not in the hands of the French yet it was a thing notoriously known and past for a certain truth Besides the Protestation the President Du Ferrier had prepared a most bitter Latine Harangue which was not spoken though it was afterwards Printed In that Speech having asserted the Rights of Precedency of the Kings of France by a Long and Uninterrupted Possession he declared that he did not attribute the trouble that was given him neither to the Council nor to the Catholick King but to the Person of Pius IV. who sow'd Seeds of Discord amongst confederated Kings and with damnable ingratitude forgot the Obligations which the Holy See had to Pepin Charlemain and Lewis his Son Kings of France who had raised it to all its Grandure He protested that he owned him not for the true Vicar of Jesus Christ and that for the Council since all that was done in it came from Rome ready concluded and determined he could not look upon the Decrees of that Assembly as of a General Council In Conclusion he commanded in his Master's name all French Prelates to retire untill a lawfull and free Council should be called The Protestation and Harangue were not made because at length means were found to compose in some manner the Difference and that was the Count de Luna after much Solicitation consented that untill he had received an answer from the King of Spain his Master neither the one nor the other should receive the Incense and the Pax. A great many were offended at this Agreement and the Pope himself did not approve of it However most of the Prelates would have been glad that that Debate had lasted much longer because they were in good hopes that it would have been a means of dissolving the Council of which they were sufficiently weary We have been somewhat the longer in relating the History of this Difference because it was the Cause of the great Quarel that hath been betwixt two of the most considerable Crowns in Christendom And we were not willing to interrupt the Series of that Contest by interweaving the other affairs of the Council to which at present we return The Count de Luna having made his publick entry into the Council The Count de Luna makes his entry into the Council His Divine by his Speech offends the Ambassadours of the other Princes in the General Congregation held the one and twentieth of May he ordered Pietro Fontidonio a Spanish Divine to speak in his name This Divine spoke in a strain that was very agreeable to the Party which stood up for the Interests of the Pope For he told the Council that there was no way to deal with the Protestants but by the Severity of Punishments He made an Invective against Trimmers who were for indulging any thing in their favour and to prove this he instanced the happy Success of the Severity which his Master had employed in suppressing of Heresie The Council made a very favourable answer to this Discourse but the Ambassadours took it very impatiently looking upon that Harangue as an open Censure of all other Princes who had not imitated the Conduct of the King of Spain They complained to the Count de Luna of the boldness of his Spokesman who disowned it assuring them that he had ordered him to leave out that part of his Discourse and promising to reprove him for not following his Directions A few days after the Cardinal of Lorrain went to meet the Cardinal of Ferrara who was upon his return from his Legation in France He made some stay in Piedmont and laboured to compose the Affairs of Religion which were in no very good condition there for notwithstanding all the care the Duke of Savoy had used the Huguenot Party grew very strong and several made open profession of that Religion even in the Duke's Court. These two Cardinals had their interview at Hostia in the Veronese the four and twentieth of May where the Cardinal of Ferrara used all his ondeavours to perswade Lorrain to return to France shewing him that the Interest of his Family required it because of the death of his
Pope and yet give some satisfaction to those who so urgently demanded Reformation The Legates are willing to satisfie the Bishops by passing the Decree of the Reformation of Princes but that causes great noise The chief Design of the Legates was to please the Bishops because without them there was no concluding of the Council The principal Aim of the Bishops was to enlarge their Power and for accomplishing of that design they demanded three things First that they should have the absolute Collation of all Benefices that had Cure of Souls that so the Curats might depend on them Secondly that the Council would abolish all the Exemptions of Chapters of privileged Churches and of Monks or Regulars who by certain Privileges obtained from the Court of Rome had found a way to decline the Power of their Bishops And thirdly that all those hinderances might be removed which Princes and Secular Magistrates bring to Ecclesiastick Jurisdiction calling that an invasion of Princes when they strive what they can to hinder the Clergy from challenging and taking to themselves the Trials of civil Causes and temporal Jurisdiction The Legates were very well disposed to satisfie the Bishops as to the third Point of their Demand because none but Princes must pay for that whose interest they did not at all consider And therefore in the Articles which they proposed they failed not to insert every thing that could contribute to the retrieving of the Jurisdiction of Bishops to the same State that the Invasions of the Clergy had formerly brought it to And upon these three heads chiefly the Articles of Reformation run for the satisfaction of the Bishops But as to the second Point which concerns the Exemptions of the Regulars or Monks the Legates had no mind to comply too much with the Bishops because that could not be done without Diminution of the Authority and Profits of the Court of Rome of which all the Monks hold immediately And if the Bishops made instances on their side for obtaining that Demand the Generals of Orders who were present in the Council on the other hand vehemently opposed it The Legates had appointed a particular Congregation for the Reformation of Monks and in that Congregation divers good Regulations were made to which the Generals of Orders had submitted because that Monks are pretty well satisfied that the Rules to which they are oblig'd should be severe and hard that being the thing that appears outwardly to the World and which gains them a great Reputation of Sanctity and Austerity But after all since they are the Masters of the Monasteries within doors and of the manner how these Rules are observed the Severity of Orders incommodes them no more than they please themselves But for the matter of Exemptions they would by no means have that medled with They liked it much better to depend on a Master that lived at a distance who could not watch over their Conduct than on a Bishop who would always have his Eyes upon them Nevertheless the reason that they alledged for their refusal was the remisness and relaxation that Bishops allowed themselves in their Conduct and Conversation and franckly said that when Prelates were Masters of Monasteries Bishops lived under a far more severe Discipline than they did at present and that times were changed The Ambassadours also favoured the Monks for the interest sake of Princes who desire not that Bishops should have too much power because they many times abuse it Martin Royas Pontal Rouge Ambassadour from the Great Master and Knights of Malta was received in Congregation the seventh of September Seeing every one minded their Interests his chief demand was that the Council would Ordain that the Possessions and Commendaries which had been taken from them should be restored The Legates acquainted the Pope with the demand of the Ambassadours of Malta and the Pope answered that it was the business of the Council who ought not to neglect it In that and the following Congregations the Articles of Reformation were again treated of which had been so many times altered and corrected by the Legates and they afforded no important Debates The third Article regarded the Authority of Metropolitans or Archbishops Those of that Character and such of them as were present were for having the Ancient Canons reestablished according to which Bishops were subject to visitation correction and to the Government of Metropolitans as Curates are subject to the Bishops Particularly Giovanni Trevisano Patriarch of Venice was mightily for the restitution of those privileges but the Archbishops were not strong enough to gain their Cause The Bishops who were far the Sedition of the Bishops they were forced to propose in Congregation the Decree of the Reformation of Princes which was sometime before laid aside and referred to another Session Abstract of the Decree of the Reformation of Princes It will not be amiss to give an Abstract of it that it may appear what the temper of the Bishops was and how far the Clergy would have carried on their Usurpations upon the Temporal Right of Princes and Magistrates That Decree contained a Preface thirteen Chapters and a Conclusion The Preface mentioned that the Council had a design to prevent the enterprises of Seculars upon the Immunities of the Church and that for that end it revived the Decrees and Holy Canons which were to be observed under pain of Anathema It ordained then that the persons of Churchmen should not be Judged by a Secular Court upon any pretext whatsoever though they should even consent to it that Secular Judges should not offer to meddle with Matrimonial Causes Causes of Heresie Tithes Rights of Patronage Benefices nor with other Causes wherein any thing of the Spirituality is concerned whether they be Civil or Criminal that Secular Princes cannot Establish Judges in Ecclesiastick affairs that Secular Magistrates must not prohibit an Ecclesiastick Judge to proceed against any by Excommunication that neither Emperour Kings nor Princes can make any Edicts or Ordinances concerning the Affairs Goods and Possessions of Churchmen that Churchmen should be maintained in their Temporal Right of high middle and low Jurisdiction that Ecclesasticks should not be obliged to pay any Taxes Imposts Tenths or Subsidies that Princes and Magistrates should not have Power to quarter their Officers Soldiers or Horses in the Houses of Churchmen There were a great many more Articles of the same force and that tended to the same end So the Clergy shook off the lawfull Yoke of Obedience which they owed to their Sovereigns and erected to themselves within their States a temporal Jurisdiction over Christians parallel to that of Kings and wholly independent of their Authority The Conclusion contained an earnest Exhortation to the Observation of these Decrees under the pain of Anathema This was the Piece against which the Ambassadours of France had orders to protest if they intended to pass it which they failed not to doe The Emperour wrote also to Cardinal Morone that
he would never suffer neither as Emperour nor Archduke that the Council should offer to make such a Reformation to the prejudice of the Jurisdiction of Princes But the Conduct of the French upon that occasion was much more vigorous In the Congregation of the two and twentieth of November they had the patience to hear a long Harangue wherein one of the Prelates strove to prove that the disorders of the Church proceeded from Princes and that Care must be taken to reform them Du Ferrier protests against that Decree and makes a Speech that cuts the Prelates to the quick that since the Acts concerning that were ready there was no more to be done but to produce them The President Du Ferrier started up and made his Protestation by word of mouth in a long and witty discourse delivered briskly in words that cut to the heart He laughed at all the petty Reformations which the Council had made for the Clergy made a Comparison betwixt the Canons of the Council and the Ancient Canons of the Discipline of the Primitive Church wherein it was not permitted to Bishops to be absent from their Flocks three months of the year as the present Council allowed wherein Beneficiaries had not the liberty which the Council granted to dispose of the Revenues of their Benefices to the prejudice of the Poor to whom properly they belong And so went over all the Abuses authorised by the Council of Trent comparing them with the Severity of the Ancient Discipline He alledged that the Reformation of Princes which was proposed tended directly to the Ruine of the Liberties of the Gallican Church but that the King knew very well how to maintain them that he would make use of his Right in laying hold on the goods of the Church when his occasions did require it that it was an intolerable Attempt to excommunicate Kings even without a hearing as that Decree ordained that they should concern themselves with spiritual matters and not with the Affairs of Princes with which they had nothing to doe that the Kings of France had made Ordinances in Ecclesiastick matters and that the Church of France had been governed according to its Laws above four hundred years before the Compilation of the Decretals that Kings held their Power onely of God and that it belongs not to Churchmen to reform them that if they had a mind to reform Princes they should first think of reforming themselves and become like St. Ambrose St. Austin and St. Chrysostome and that that would be the way to make Princes imitate the Examples of the Theodosius's of Honorius Arcadius and the Valentinians This Harangue put the Council out of all patience and even the French Prelates themselves there arose a murmuring and confused Noise amongst them which was like to have broken out into some scandalous Transport had not the Legates to prevent it dismissed the Assembly The Bishops spoke all the Evil they could devise against his Speech to make it pass for Heretical and Nicolas Pelue Archbishop of Sens and Jerome de la Souchieres Abbot of Clervaux had big words with Du Ferrier about it They reported every where that that Protestation was made without Orders from the King that Du Ferrier was a Creature of the King of Navarre that he was suspected of Heresie and that he ought to be put into the Inquisition Others had scraped together some Notes of that Harangue but because Du Ferrier found them false he published it himself and sent a copy of it to the Cardinal of Lorrain with a Letter wherein he told him that he could not abandon the Royal Authority which for the space of four hundred years had been attempted upon by the Court of Rome that as a Frenchman and a Member of Parliament he was obliged to assert the Rights of his King and the opinions of his Faculty And that it was not just that the Council made up of the slaves of the Court of Rome should be Judge in its own Cause So soon as Du Ferrier's Speech appeared in publick the Council caused it to be refuted by a nameless Authour Du Ferrier made his defence and instead of recanting he confirmed all that he had said or written These Writings encreased the Provocation and the Bishops revenged themselves by reviling not so much the Ambassadours as the Court of France They accused the Queen Mother of openly favouring the Hereticks They affirmed that she was governed by the Chatillons who were declared Hereticks by the Chancellour de l'Hopital and the Bishop of Valence who were suspected of Heresie After that Protestation the Ambassadours of France The French Ambassadours goe to Venice having staid a Fourtnight longer at Trent retired to Venice according to the Orders they had from Court. Before they went away they declared to the few French Prelates that remained that it was the King's Intention they should oppose the fifth and sixth Articles of Reformation which were proposed because these Articles drew the Causes and Persons of Bishops out of the Kingdom whereas according to the Liberties of the Gallican Church the Members of the Clergy ought to be judged primâ instantiâ upon the place and by their immediate Superiours When the news of the French Ambassadour's Protestation came to Rome it caused great heart-burnings in the Pope's Court. No man was so much afflicted as the Cardinal of Lorrain because it was an unlucky accident that brought great Prejudice to the Negotiation that he was a managing with the Pope for the Grandeur of himself and Family He pacified the Pope the best he could blaming the Ambassadours and promising to write to the King that he might procure reparation of that Scandal He did indeed write and in such terms as well discovered that he had sacrificed the Interests of his King and the opinions of his Countrey to the design of pleasing the Pope whom he would engage in his private concerns The Pope wrote also to Trent that they should still goe on and that if the French Ambassadours had a mind to be gone they should not hinder them but withall give them no occasion of withdrawing that after all they should prepare to hold the Session immediately upon the return of the Cardinal of Lorrain and put an end to the Council that now he had got the better of the Germans and French and that none but the Spaniards remained to be overcome The truth is the Count de Luna not onely crossed the Pope's design of shortning the Council but also made it his business to obtain an Alteration of the Clause proponentibus legatis He continually charged a fresh and never left off soliciting Cardinal Morone even amidst the troubles that were occasioned by the Protestation of the French till at length the Cardinal was fain to promise that they should endeavour to give him satisfaction in the ensuing Session what this satisfaction was we shall see hereafter The Legates being pressed by the Bishops who were not baulked
the People demanded but rather the Pope's Yoke upon the Clergy and the Clergy's upon the People was made heavier In the fifth Chapter of the General Reformation the Pope reserves to himself the Cognisance of all Criminal Causes of Bishops which are called the greater taking them from the Metropolitans and Provincial Synods The Decree ordains that when the Pope shall give any one a Commission in partibus that Commission shall onely extend to the taking of Informations In the twelfth Canon about Marriage the Council pronounces Anathema against those who shall deny that the Tryal of Matrimonial Causes belongs to the Church Some who pretend to a little skill in Antiquity could not but observe that from the beginning it was not so that all Laws concerning Marriage had been made by Emperours and that the Causes which did arise from those Laws were tryed by the secular Magistrates Nay more it s known that some Gothick Kings gave Dispensations for forbidden Degrees and in the Formularies of Cassiodorus the style of these Dispensations is still to be seen There were some who expected some good from the fourteenth Chapter of the General Reformation which revokes cancells and annuls and Constitutions or Customes of paying any thing for the purchase of Titles and the possession of Benefices they were in hopes that that Article if rightly interpreted would overthrow the Annats which are pay'd to the Pope for the taking possession of Benefices but experience hath evinced that that was the wrong way of interpreting the Decree The Eighth Chapter ordains that they who have sinned publickly should make publick repentance and it was hoped that that would be an advance towards the ancient Discipline But there is a Clause rarely well put in ni aliter Episcopo videatur for it hath not as yet seemed good to the Bishops to doe any thing in Execution of that Decree They who are jealous of the rights of Princes and secular Magistrates besides what we have already observed did not take it well that the Council in the sixth Chapter of the Reformation of Marriage should ordain that he who deflowers a Woman shall give her a Portion whether he Marry her or not for they looked upon that as a mere civil Constitution that cannot come under the Cognisance of an Ecclesiastick Judge Those who had no great kindness for the Council and sought to make themselves merry at its cost laughed a little at the Canon which prohibits Clandestine Marriages because it pronounceth an Anathema against those who deny that these Marriages are true Sacraments and yet subjoins that the Church hath always detested them This seemed to be an odd Clinch that the Church should declare she detested true Sacraments The one and twentieth Chapter about the Clause proponentibus legatis made sport also for a great many The Chapter declared that by that Clause there was no design of changing any thing in the manner that had been observed in ancient Councils nor of giving or taking from any one any right contrary to ancient Constitutions When all was done the Council at a conclusion and that the Legates had drawn all the advantage from this Clause that they could expect they come in at last with a Declaration that it was not their intention forsooth to doe prejudice to any body This could not pass without a remark that it looked very like the man's excuse who having given another a box on the Ear said that he had not done it with an intention to offend him It was observed that for the future the Pope had found out an excellent way to keep Councils in Bondage that there was no more to be done but in the beginning to make such a Clause as this let the Members quarrel about it during the whole sitting of the Council and then declare in the end when the business is done that it was not thereby designed to restrain any man's Liberty The Council precipitates to its end the Count de Luna and the Spaniards oppose it We are now at length come to the actions which immediately went before the last Session The countenance of affairs is now much to be altered no more of those long delays that held all Europe in suspence the Council joggs not on fair and soft to its end it runs post precipitates and all conspire to a conclusion The Pope stoops under the Burthen of the Council he intends upon any terms to shake it off the French who expect no more from that Assembly follow the Cardinal of Lorrain that hath struck in with the Pope The Germans abandon the Council as a Patient past hopes of recovery and none remain but the Spaniards who would march on gravely and step by step in the rest as they had done all along till then But they are not able of themselves alone not resist that torrent of impatience which hurried the Council to its end There remained still to be handled the matters of Indulgences Worship of Saints Purgatory Images and Fasts and that was enough to have employed the Council for several years after the rate that the former Points were managed The matter of Indulgences alone would have taken up the Council for several Months if it had been examined as the Point of Justification was but all was dispatched in a fortnights time That they might attain to this speedy Expedition the Legates and Cardinal of Lorrain agreed together that all which remained should be dispatched in one Session The Cardinal of Lorrain and Imperial Ambassadours undertook to prepare the Members for it by spreading of Reports that the Emperour desired that it might be concluded before Christmass and that the French were to depart in the Month of December that therefore matters ought to be so ordered that all things should be expeded before their departure They who were weary of their stay at Trent received the news with all imaginable Joy and on the fifteenth of November Cardinal Morone assembled at his house a Cabal of the Council and desired the Prelates to give their opinions as to the Conclusion of it that was so wished for All consented to it except the Count de Luna Ambassadour of Spain but the Legates were resolved to step over all difficulties The Decree which was minuted by the Clergy for the Reformation of Princes and against which the French Ambassadours had protested was one of the most ticklish Points The Legates therefore resolved to let that alone and yet to doe somewhat for the satisfaction of the Clergy which was that reviving the ancient Canons without specifying them they should put in an exhortation to Princes to preserve the Church in her privileges and even to make restitution of the rights which had been usurped upon the Clergy by secular Judges But no Anathema's nor threatnings were added they onely made use of terms full of respect to Sovereigns The Pope having well consulted the matter of Rome ordered it to pass so The Council held dayly two Congregations
from the Church of Rome and Catholicks themselves took Liberty to speak The whole Discourse both of Catholicks and Protestants was about the Debates and Factions in managing of Affairs especially the matter of Reformation And according to the French way of raillery it was presently in every body's mouth that the Council of Trent had far more Authority than that of the Apostles for whereas the Apostles said It seemeth good to the Holy Ghost and to us the Fathers of Trent said barely It hath seemed good to us quite excluding the Holy Ghost Germany slighted the Council to the highest Degree for the Prelates of that Nation had not been present in this last Convocation which notwithstanding was the most Solemn of all Very few Bishops were there for the Kingdoms if Hungary and Poland none at all from England Swedeland Danemark and the low Countries The French Prelates came onley at the latter end and reckoning them all together with the Spaniards they did not exceed the number of forty Bishops all the rest were Italians of a few more than two hundred Prelates which made up the Council there were above an hundred and fifty from Italy And therefore it had the Name of the Council of the Pope and Italians The Pope confirms the Council by a Bull. The Court of Rome was very glad that the Council was ended they mattered not much what Decrees it had made provided it could make no more The Pope died not then of his sickness and had double Cause of rejoicing at the same time both that he had recovered his health and was also discharged of the burthen of the Council He was so overjoyed that without boggling he declared that he would confirm it and even add some new Reformations That Declaration allarmed the Court of Rome though the Reformations of the Council went not very far however no body was willing to part from any of their Rents and Profits and that nevertheless they must have done had the Decrees of the Council been religiously observed Most of the Cardinals were of opinion that the Pope should moderate the Articles which might incommode the Court of Rome before he confirmed them and alledged that that would serve for two ends First it would as we have said ease them of several incommodious Regulations and then it would confirm the Pope in his Superiority over the Council by reforming it But in fine after that a great many Congregations of Cardinals had been held upon that Subject the opinion of confirming it without any alteration prevailed Some perswaded the Pope to it by Arguments of Piety Honour and Sincerity to his word But the deciding Cast was put in by Hugo Boncompagno Bishop of Vieste in Apulia He alledged that the Confirmation of the Council was so far from diminishing the Authority of the Pope and the Grandure of the Court of Rome that it would much advance it provided a Barriere were set to put a stop to the Rashness of Doctours and hinder them from interpreting the Council according to their several Fancies and Interests It was his advice then that the Judges themselves should be prohibited from medling with the Interpretation of the Sense of the Council and that it should be ordained that in all doubtfull matters recourse should be had to the Holy See and its Interpretations submitted to And thus he made it appear that by so doeing the Court of Rome would always have the absolute Disposal of every thing that pinched them because in confirming the Council the Holy See reserved to it self the Power of interpreting it He said that there was no Law so plain and express nor so rigorous which might not be turned to a commodious and a favourable Sense by means of Exceptions and Qualifications If there be any thing then in the Council that pinches the Holy See and Court of Rome it will be a very easie matter to avoid it by expounding it as one pleases But the Council cannot be made use of said he to the Prejudice of the Court of Rome because all the force of its Execution will depend on the Holy See to which recourse must be had for Interpretation This Overture was worth a Cardinals Cap to the Bishop and it appeared so convenient and good that all agreed to it Thus the matter was resolved upon and the Pope on the six and twentieth of December gave the Bull of Confirmation wherein he forbids under pain of Excommunication the publishing of any Commentaries or Observations upon the Council ordaining in all doubtfull Cases Recourse to be had to the Holy See Within some Months after the Pope made a Promotion of Nineteen Cardinals to reward those who had faithfully served him in the Council and neither Marco Antonio Colonna Archbishop of Taranto nor the Bishop of Vieste were forgotten FINIS ERRATA In the Historical Reflexions Page 20. line 5. reade if according p. 37. l. 26. for of r. from p. 60. l. 20. r. exalting p. 102. l. 6. r. sufficiently p. 113. l. 9. for prompted r. permitted In the History Page 1. l. 1. for fifteenth r. sixteenth p. 60. l. 28. for Madoncio r. Madruccio p. 148. l. 3. r. actu p. 193. l. 3. for had bred r. and bred p. 200. l. 16. betwixt the words sort and made add who p. 245. in the Marginal Note for 19. Session r. 16. p. 251. l. 7. for Dominions r. Dominion p. 275. l. 23. dele it p. 457. l. 8. for Revenue r. Reverence p. 575. l. 3. for means r. mean A TABLE of the most remarkable matters contained in this History A. ADRIAN succeeds to Leo. Page 11 Desires to reform the Church ibid. But cannot succeed in that design of Reformation Page 13 Sends a Letter into Germany confessing that the Church and Court of Rome are corrupted Page 14 He dies Page 16 Altemps Cardinal Nephew of Pope Pius IV. a zealous Protectour of the rights and pretensions of the See of Rome Page 305 Ambassadours Danes Ambassadour of France comes to the Council Page 106 The Emperour's Ambassadour present to the Council five demands in Writing Page 318. The French Ambassadours are received in Council make Speeches and receive no Answer Page 339 They receive new Instructions from France Page 398 Protest against the Decree of the Reformation of Princes and have Orders to withdraw Page 556 They goe to Venice Page 564 Ambrosio Catarino maintains the Opinion of St. Austin and of the Protestants about Works that precede Grace Page 118 And about the certainty that one may have of being in the state of Grace Page 123 His strange Opinion about Predestination Page 132 What his judgment is of the Priests intention in administring Sacraments Page 151 Amiot Bishop of Auxerre protests in Council in name of his Master Henry II. of France Page 198 Arembold of a Genoese Merchant being made a Bishop 〈◊〉 chosen for the distribution of Indulgences in Germany p. 3 He gives that charge to the Jacobins which offends the
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