were gone to Rome for Beneficyal Causes Three years after the Pragmatica was restored by the same King Sixtus the 4th then opposed him and made an Agreement to destroy it which is still to be found but they would not receive it and the Pragmatica remained Innocent the 8th Alexander the 6th and Julius the 2d used all means to Abolish it but could never Obtain it Finally Leo the 10th made an Agreement with King Francis the First And taken away again by which the Pragmatica was taken away and 't was Ordered that the Power of Choosing Bishops and Abbots should be quite taken away from the Chapters of Cathedral Churches and from the Conventuals but Bishopricks and Abbeys becoming Vacant the King might name a fit Person on whom the Pope was to Confer the Benefice That the Pope of Rome could not give Reversions nor make general or special Reservations but that Benefices becoming Vacant in four Months of the year should be Conferr'd by the Ordinaries on the Graduates of the Vniversities N. 208. and the Vacants in the other eight Months might be freely Conferr'd by the said Ordinaries only that every Pope in his life time may Charge any Collator of Benefices to Confer one according to the disposal of his Holyness in case there are to be Conferr'd between Ten and Fifty and if there be above Fifty or more he may Confer two and although there were many Difficulties in Accepting the Agreement and the University appealed to the next Lawful Councel nevertheless the Authority and the Vtility of King Francis overcame and the Agreement was Proclaimed in France and put in Execution In such manner that after so many Popes from the year 1076 unto 1150 strove by the Excommunicating an infinite number of Persons and by the Death of Innumerable more to take from Princes the Conferring of Bishopricks and giving the Election to the Chapters contrary-wise Pius the 2d with five of his Successors have striven to take the Election from the Chapters of France and give it to the King and Leo the 10th did obtain it at last N. 209. Thus the Alteration of Interests bear along with it the Change and Contrariety of Doctrine Some Speculative men have accounted the Reason of this to be because the Example that the Bishop and the Clergy might Confer may keep alive the Practice and the most general Doctrine of the Church Contrary to the Modern others because it is still more easie to take it out of the hands of a King who may be of a weak Spirit or may stand in need of the Pope than from the Bishops and Clergy King Francis made many Laws besides to regulate the Possessory of Benefices and the Agreement was observed by him but the Execution was interrupted for some years by his Son Henry the 2d when he was in War with Pope Julius the 3d because of Parma wherefore in the year 1550 the King Prohibited that any Provision of the Popes Benefices should be received and Commanded that all should be conferr'd by the Ordinaries but Peace being made all was Composed and the Observance of the Agreement returned But in the year 1560 the States were held at Orleans in Charles the 9th's Minority where the Collations of Benefices were regulated N. 210. and many things abolished which were Contained in the Agreement Great Confusions and Wars happened in the Kingdom and the Cardinal of Ferrara was sent Legate into France who Obtained that the Ordinances of Orleans should be superseded with a Promise that the Pope within a short time should provide against the Abuses for which the Ordinances were made of which nothing was done afterwards so that now the Concordate remains Thus went the Affairs in Germany and in France But the State of Italy which we have lately described was greatly altered by the Celebration of the Councel of Trent which made several Decrees on this Matter to provide against the Abuses abovesaid then reigning and although from its beginning which was in the year 1547 it began to attend these Corrections and made many Decrees which were not put in Execution until after the end of it which was Anno. 1563 wherefore it may be said that all the Provisions are to be referr'd unto this time N. 211. 'T was the Intent of this Councel to remedy three things First the Plurality of Benefices Secondly 1 Pluralities 2 Hereditary Succession 3 Absence Hereditary Succession Thirdly the Absence of Beneficiated men and to Prohibit all kind of Plurality 't was Ordained that one although he were a Cardinal could not have more than one Benefice but if that were so small that it might not serve or be sufficient for the Expences of the Beneficyed he might have one more which was therefore to be without Cure of Souls It Prohibited the Commendum's of Benefices Curati ad Vitam which was a Pretence to make a man Obtain two it Ordained also that Monasteries for the future should not be Commended and those that were so till then when they became Vacant should be reduced into a Title It Prohibited also the Vnions ad Vitam which was another pretext of giving divers Benefices under the name of one It Prohibited totally the Regresses and the Accesses to take away Succession It Prohibited also the Coadjutorships with future Succession absolutely excepting in Cathedrals and Monasteries wherein was Admonished N. 212. that they should not be granted by the Pope but for just Causes but the Prohibition is without Effect In the 14 last moneths Residency was treated with some Contention Residency because there was sprung up a Question among the Doctors a little before whether the Residency of Bishops and of other Curates in their Churches were de Jure Divino or Canonick for which cause the Councel was divided in such a manner that in April Anno 1562. a Scrutiny being made of the number of both Parties there 67 found whose Opinion 't was de Jure Divino 33 who opinion'd it to be de Jure Positivo and 30 who were of Opinion that this Point ought not to be decided without first treating with the Pope Of the first number were the Northern men and other cast-off Bishops on the Second and the third the Dependents on the Court. If Residency should have been made de Jure Divino it would follow that the Pope could not have been able to dispence it but that the Authority of the Bishop also would have been de Jure Divino and no man was able to restrain it N. 213. these were things which Squinted at the Depression of the Courts Greatness wherefore the Opinion was Maintained by both Parties with much boldness The Business came to Practices so that after fourteen months Residency was Commanded yet not declared quo Jure the Curate should be Obliged only Penalties were enjoyned upon non-Residents as to other things they were left in their first Estate or Condition but those who were at
to the People and in the fourth place the Emperors Consent should be sought for in which manner Alexander 2d his Successor being Elected the Emperor would not Confirm him nor accept of the Excuse which the Cardinals sent by one of them to make by Embassy saying it was done to avoid a sharp Civil Dissention but all with great Respect to the Emperor the Elected being his Friend yet the Emperor chose the Bishop of Parma for Pope upon the Instance of Gerard of Parma his Chancellor But three years after the Affairs of the Imperial Court being altered and Gerard the Chancellor Deposed the Bishop of Parma was also Deposed from the Popedome and Alexander accepted who in the year 1072 there being made in Germany a Conspiracy of the Bavarians and Saxonians against the Emperor he joyned with them and entred into the League and the year following cited the Emperor unto Rome as imputed of Simony for having conferr'd Bishopricks for Money The Pontifical Action was much admired N. 100. never any Pope having come so far but it soon passed under silence by the death of the Pope after whom Gregory 7th a Monk of Sienna attained the Popedome who was Hildebrand above Nominated by the Emperor but in the year 1076 having been three years in the Popedome finding the Emperor yet young and Germany full of Commotions he deliberated to exclude him totally from the Election of Bishops and Abbots and made him a Monitory that for the Future he ought not to intrude therein the Emperor made a great Resistance whereupon the Pope Excommunicated him absolved his Subjects from the Oath of Fidelity and suspended him from the Administration of the Kingdom of Italy and of Germany He Excommunicated also the Bishops his Ministers Colleagu'd himself with his Rebels provoked the Emperors own Mother against her Son and during the time which lasted until the year 1085 when the Pope dyed in Banishment at Salerno N. 101. he Excommunicated the Emperor four times and made a general Decree that if any Clergy-man should receive a Bishoprick or an Abbey from a Lay-mans hand he should be accounted no Clergy-man by any one and should be deprived from entring into the Church and the like for him who shall receive other Benefices unto which Penalty he Subjected also the Emperor the King the Duke the Marquess and the Earl and every Power or Person Secular that should dare to invest with Benefices The Emperor maintained his Cause by his Arms against the Pope and his Colleagues and was followed by most part of the Bishops Whereupon the Pope was in a grievous Danger but he who had formerly Excommunicated the Normans as Usurpers of the Kingdoms of Sicily and Puglia had Recourse to their Assistance granted them all that for which he had Persecuted them and absolved them from the Excommunication and if for this Cause Robert King of Naples and of Sicily N. 102. who heretofore was a Persecutor of the Popes had not turned to his Defence to make a Counterballance to the Emperor he had maintained his Cause with a total Victory but by the help of Robert the Pope was supported although in Exile and he being dead in his Assistance and three Rogers of the same Family the same Contention continued likewise with the two Successors of Gregory both Monks of the same order the last of which was Vrban 2d who in Reward of the Services done by the Normans gave one of them a Bull for the Monarchy of Sicily really granting them a greater management in the Affairs of the Church than that he would take from the Emperor Which to do besides the Excommunications he often repeated against the Emperor and the Rebellions he stirr'd up against him making his Eldest Son to Rebel against him also and by his means excluded the Emperor almost out of Italy But he being dead the Pope who Succeeded repeated the Excommunications against the Emperor and raised many Rebellions making his other Son to Rebel also with whom the Father engaged in War N. 103. one time overcome and another time Victorious came finally to conditions of Agreement wherein he was cheated and reduced to a Private Life left the Empire to his Son who was called Henry Henry 4th being dead Paschal for so was called the 4th Pope amongst them for beginning from Gregory 7th they fought with Excommunications and spiritual Weapons for the taking away of the Investiture of Bishops and Abbies from the Emperor he assembled a Council at Gnastalla and then at Troyes in France and renewed in them both the Decrees of Gregory 7th and of Vrban 2d that no Lay-man should hinder the Conferring of Benefices In France the Decree was not accepted by the King but he continued according to Custom and also the Emperor Henry 2d the Son opposed it who in the year 1110 came Armed into Italy for the Crown of the Empire to which the Pope having opposed himself by Controversies depending between them they agreed that Henry should go to Rome for the Crown N. 104. put the Controversie of Investitures to silence neither party being to speak of them Henry went to Rome where Pope Paschal appearing to him to be Superior in strength not remaining firm in the Conditions he would have him to renounce the Investitures and Henry confiding in his bold Forces proposed on the contrary that the Pope should revoke the Decrees saying he would not be inferior to Charlemain Ludovicus Pius and other Emperors who had given the Investitures Peaceably and quietly whereupon the Contentions encreasing the Emperor took the Pope Prisoner and the most part of the Cardinals carrying them from the City an Accommodation was treated on and finally the Pope agreed to Crown him and to let him have the Conferring of Benefices without Excommunicating him for it and he Swore to the observation of the Agreement and the Mass being Celebrated the Pope divided the Wafer N. 105. and with one half he Communicated himself and the Emperor with the other half making Cursed and dreadful Imprecations for which of them should be a Violater of the Agreement The Pope gone back to Rome said he would observe the Agreement but yet his Legates Excommunicated the Emperor and he two years after in 1112. Call'd a Council Confirmed the Decrees of Gregory and Vrban that no man should receive Investitures from Lay-men and caused the Council to annull the Agreement made with the Emperor and finally in 1116 Excommunicated him besides Pascal dyed and Gelasius the 2d Succeeded him at first then Calisto the 2d with whom the Contention lasted and by whom and by all of them the Emperor was Successively Excommunicated These three Popes did not only make use of Excommunicating but also stirr'd up many Seditions against the Emperor The chief of one was Lotharius a Saxon who took up Arms and had many Victories finally in the year 1122. Henry perceiving himself in so many difficulties renounced the Investiture N.
106. and a Tumult was appeased which had lasted 56 years under Six Popes by Excommunicating an infinite number of Persons both Ecclesiastical and Civil who adhered to the Emperor and by the Death of numberless Persons on both sides in threescore Battels fought by Henry the Father and in eighteen fought by Henry the Son tantae Molis erat to lay the Foundations of that Building which we have seen brought up to the Top of the Battlements whereof we are to speak In the Occurrence abovesaid happened between Pascal and Henry the Judgment of the World was various some saying that the Assent yielded unto by the Pope was Null as done out of fear finding himself and so many Cardinals in the Emperors hand and therefore with Reason Pascal opposed him and ceased from observing it But on the other side it was said that if the Popes Assent were invalid for being extorted with Fear N. 107. no less ought to be held for invalid the Assent yielded to by the Emperor for Fear of so many Excommunications and Anathema's of so many Rebellions and Machinations for which cause he is subject to restore that which is done for Fear of Imprisonment and not that which is done for Fear of Anathema's and for Fear of seeing all his Dominions and People in Confusion and in Civil Wars Some men in Counsel in the presence of Pascal made use of this Dilemma if the Decree and the Bull of his by which he granted Investiture unto the Emperor were Lawful they ought to be observed if they were unjust and as some say Heretical then was the Pope Author also Heretical and unjust 'T is true indeed that a thing just and due although done out of Fear is valid and that no man whatsoever is blameless if for any kind of Fear he acteth contrary to the Law of God The Contention of the Popes with the Emperors about this matter of giving Investiture of Bishopricks and Abbeys stopt not only in Italy and Germany Kingdoms of the Emperor but in the same times also in France some of the Bishops stirr'd up by Example and through Interest N. 108. opposed the King for the same cause but because all were not agreed to make a League with the Pope against the King the King for the most part overcame him and the Popes were content to gain that by little and little which was Impossible for them to do all at once together In England the King having alwayes conferr'd Bishopricks and Abbeys in the year 1102 Anselm Arch-Bishop of Canterbury refused to Consecrate the Bishops provided by the King he adhering to the Decrees made by the Popes and the Contention lasted many years the King maintaining his Authority and the Arch-Bishop by the help of the Pope defending his Opposition the King believed himself able to perswade the Pope to that which he reputed Just therefore he sent an Ambassador who received such rough Answers and Threatnings from the Pope that to take off his Edge the Ambassador thought fit to tell him the King would not lose his Authority although he were to lose his Kingdom to which the Pope replyed with no less boldness that he would not permit it although he were to lose his Head The King remained Constant N. 109. and it behooved Anselm to depart the Kingdom incapable of returning without Consenting to the King 's Will. But the King dying without Heirs-Male and some Civil Wars happening 't was easie for the Clergy-men to prevail and to introduce That into England which had been introduced in the Empire where after the Cession of Henry of which hath been spoken the Pope obtained his intent true it is that in the year 1132 Lotharius the Saxon Successor of Henry the 5th Emperor being sought to by Innocent the 2d engaged in a Schism that he would acknowledge him for Pope and not his Adversary refused to do it unless the Investitures Renounced by Henry were restored to him and perhaps the Pope would have granted them but St. Bernard very intimate with Lotharius perswaded him to desist proposing to his Consideration that he having made War against Henry his Predecessor and Lord upon Pope Paschals Instance for that cause N. 110. afterwards to be willing to make himself a Defender of Henry's Pretention was to declare himself a Rebel and that he had made War against his Lord while he was defending a just Cause That which usually happens after great Victories namely when all the Forces of the Enemy are not Extinct the Fragments or the Remainder of the overcome Party oftentimes spring up again with old Pretensions which the prudent Vainquisher temporizeth dexterously rather than oppose himself openly by renewing a War so it fell out in these present occasions The Popes not being able to have the Victory of such a great Pretention so entirely but that in some Places some Benefices would remain in the Power of the Laity and that a Prince sometimes for some Necessity of his Government without Regard to the Pope would bestow some Bishoprick after the first manner There remained in France the Regalia N. 111. which is a Right of the King to Confer all single Benefices Vacant by the death of the Bishops until the Successor be Created There remained in Germany a Right of the Emperors of giving only one of the Canon-ships in many Churches and so divers particular Authorities were retained by some Princes The Popes that they might not by Contending for these particular uses renew the Contention with hazard of losing the whole or else by letting them run on they might do prejudice to the general Cause thought it requisite to make Provision both by Negotiation and Art They found a Temperament or Complyance by causing the Canonists and other Scribes depending on them to Write that these Princes enjoy'd that Authority through Priviledge granted by the Pope This served the Popes for a Reputation to make appear that Princes had no Right but by their grace and favour and assured them also that they might pretend further and 't was easily passed over by the Princes to whom it seemed that it was to secure them from the Molestations which the Popes might give them N. 112. and by adding an Ecclesiastical Title to their own Possession make it more secure But the Event shew'd that to be Poyson which was esteemed Physick For about 1300 Boniface the 8th exercised sharp Contentions with Philip the fair of France that he should yield up the Authority of the Regalia's abovesaid and they proceeded so far that this Kingdom was exposed to great Danger by Excommunications and Interdictions by depriving the King and by granting the Kingdom to Albert the Emperor At first when 't was assented to it was not well thought of to whose account it would turn by the Apostolical granting to preserve that which was the Princes Peculiar For the Popes since pretend they can revoke the Priviledges granted by their Predecessors even without a
cause though indeed they never want Pretexts to feign a cause and whosever Possesseth by a Title of his own and is content to acknowledge it for another mans Favour is like him who leaving his own ground goes to build on another mans But on the other side when some Prince having broken Patience N. 113. conferred some principal Benefice which the Kings of England and of Sicily oftentimes did the Popes not to engage in Contentions said nothing more to the Prince but not to let themselves be prejudiced they wrought by Practises through the Monks means that the Elected should renounce into the Popes hand promising him he should be invested by the Pope and so should have that quietly wherewith if he had not been contented the Pope would have opposed it and brought all into difficulty Of these Practises then used frequently by the Popes Florentius of Wingerin and Ivo Carnotensis who were Writers in those times make a long Relation as of a thing usually done in Germany and in France with this Form of Words that the Popes took with one hand and gave again with the other This agreement was easily accepted as that which freed one from Trouble and Molestation and the same King if he came to reflect afterwards N. 114. whether he past it as a thing which made no Alteration in effect without considering that it might import for the Future Which manner they now make use of against the Catholick Bishops in Germany who do not obey their Reservations as shall be spoken of in its place In Spain the quiet and prudent Disposition of the Nation together with the good Government of the Kings were cause that in so universal a change they passed it quietly perhaps forwarded hereunto by the Exercise the Saracens gave them which made them think of remaining united to their King and of living in Quietness The Kings never went about subjecting the Clergy more than convenient and they never made a League with Strangers to exempt themselves from the Kings more than their due As soon also as the Kings perceived that the Popes of Rome had by Power by Terror or by Practices obtained something in other Kingdoms they endeavour'd to accommodate themselves according to those things N. 115. in such a manner as might make the least alteration possible in their Government for as touching the Custom of times past the Bishops and other Ecclesiastical Ministers were ordained according to the Antient Custom the abovesaid Alteration being made in other Kingdoms and States they would not lay hold on a Contention with the Popes but by a prudent Complyance they were contented that no Bishop should be Ordained without their Consent and Alphonso the 6th the better to secure himself sought for Vrban the seconds Approbation who granted to the King the JVS PATRONATVS of all the Churches in his Kingdom Those Kings have proceeded quite otherwise than the Germans French and English They were content to acknowledge for anothers favour that which was their own so that it might serve to enjoy it more Peaceably These have striven that they might not acknowledge their own from another mans but all with Prudence These saw there was a way to lose all N. 116. and to become Subjects because the Popes Demand not the utmost scope of his Intention but a Degree of proceeding further his Subjects considered chiefly the Clergy-men inclinable unto Liberty not to say Licence and therefore ready to agree with the Stranger to diminish the Authority of their Prince whereupon they saw it necessary that there should be no Door open by which they might have Recourse But the Spaniards being confident of the quietness of their Subjects had no Reason to fear that suddenly they would move for a Recourse out of the Kingdom but considering the Anxiety of their Affairs in those times they had good cause to fear lest those who had been able to make Subjects Rebel against Princes so much greater than they should use the same Arts and therefore they resolved most Prudently to receive speedily that which greater than they were constrain'd to tolerate after much Wars Now for a Conclusion N. 117. In the time which past between 1122 that Henry made his Renuntiation unto 1145 it was established almost every where that the Bishop being dead the choice of the Successor should be made by the Chapter of Canons and should be Confirmed by the Metropolitan and if the Abbot were dead the Election should be made by the Monks and Confirmed by the Bishop if the Monastery were unexempted If it were exempted it should be Confirmed by the Pope Other Benefices which were de JVRE PATRONATVS were Confer'd by the Bishop on the Patron 's Presentation All others were at the free Episcopal disposing The Popedom of Rome remained for the Prince being Excluded it seemed that it ought to return to the free Election of the People but from the year 1145 Innocent the 2d having a Difference with the Romans and being driven from the City by them ☞ he in Counter-change deprived them of the Power of choosing the Pope In the Troubles which happened for the causes abovesaid many Cities were in an Uproar by the Bishops Confederate with the Pope which revolting from the Emperor N. 118. and were headed by the Bishops whereby they obtained the Publick Incoms and the Regal Rights or Duties and when the Differences were Composed they had taken so firm Possession that the Prince was Necessitated to grant them in Feudo or Fealty that which de Facto they had usurped to themselves by which they acquired also the Titles of Dukes Marquisses and Earls as many of them are in Germany who remain still such both in Name and in Fact but in Italy in Name only which made Clergy-men a great quantity of Secular Goods and the Augmentation was very notable not only during the Troubles of which we have spoken but also in those which followed under the Swevian Emperors The Monks in this time had intermeddled greatly in favouring the undertaking of the Popes against the Princes for which they lost somewhat of their Reputation of Holiness and indeed there was also lost much of the Discipline N. 119. and Regular observance in Monasteries because they intermeddled or crept into the Negotiations of State and of War wherefore their acquiring or purchasing ceased also unless in some little Congregations newly instituted in Tuscany who intermedled not in these Commotions but preserved their Discipline and therefore the Devotion of the People continuing towards them they were instruments of acquiring New Estates but yet not many they being but few But another Occasion happened which caused great Acquisitions in the times whereof hath been spoken which was the Warfar of the Holy Land and the heat of zeal was then so earnest The holy War Contributed great Wealth to the Roman-Church for going and for contributing to the gaining of it that men making no account
or wasted and therefore could not maintain the Bishop conveniently the Metropolitan with the Bishops assembled in Councel gave two or more to one Bishop and these Cities were called Vnited as likewise on the contrary when the number of People encreased and that one man only could not supply all one Cure became divided into two yea unto these present times these Methods are Commendably used which are for the Service of God for Spiritual Benefit and for conveniency of the People But after they proceeded to make unions also for the Conveniency of some Pious Place by which means some Benefices became united to some Bishoprick or to some Monastery or to some poor Hospital by virtue of which union the Party Beneficyed seems indeed to have two Benefices but in truth he hath but one Humane subtilty invented being willing to give two incompatible Benefices to one Person to unite the one unto the other during his Life N. 148. so that giving him the Principal the United was also given by Consequence by which means it saves very well the Law of having but one Benefice in appearance but in the Existence there is nothing but the observance of th words with Transgression of the sense The Jurisconsults call it the Fraud of the Law This served also that they might give a Cured Benefice to a young striplin or boy or to any other illiterate Person and without being obliged to receive Sacred Orders by uniting the Cured Benefice to a single one during Life and Confering the single one in Title the Beneficyary remained the Curates Patron also and the words of the Law were very well observed But the Power of Vniting Benefices for Life was never granted to the Bishops for any Cause whatever but reserved to the Pope of Rome only Some Lawyers call it an Vnion in the Name but in Fact it is a Relaxation of the Law and they hold it for Damnable wherefore also in some Kingdoms it hath been prohibited It was long used by the Roman Court N. 149. now 't is no more in use no more than many other Cantelous things not to call them Frauds like these which speak too Legally for the Causes as shall be declared when we come to our times The Commendum had also a good Antient Institution Commendums for when an Elective Benefice became Vacant either Bishoprick Abbey or else a Living which was Jus Patronatus for which the Ordinary out of some Respect could not provide immediately the care whereof was recommended by the Superior to some worthy Person until Provision should be made nevertheless that Person had not Power to make use of the Incoms but only to Govern them and for this an Excellent man was chosen who usually was a Benefic'd man to whom the recommended Cure was a burden with which he was to be contented for the Church service only This could not be called N. 150. having a Benefice recommended unto him but very improperly and therefore in Reality he had not two Benefices although to make no difficulty of speech there arose a Maxime amongst the Canonists that a man might have two Benefices the one in Title the other in Commendum which Commendum at first lasted but until Provision were made afterwards they Commended for a good while which sometimes was long enough wherefore the Pope of Rome forbad the Bishops from Commending for above six months not making the Rule for himself but by a Court Style the Commendum contracted a little Custom not altogether Commendable which was that when the Pope had a mind to give any man a Benefice it could not be done either for want of Age or because the Benefice was Monacal and the Person Secular or for some other respect he Commended it to him so long that he might acquire the necessary qualities for to have the Title of it But finally about the year 1350 all Respects being laid aside the Popes holding the other Bishops strictly to the Term of six months N. 151. they Proceeded to give the Commendum for Life which if it be given to one who hath in Title another Incompatible Benefice he observes very well the words of the Law that two Benefices cannot be given but one in Title and the other in Commendum but the sense is defrauded because that which is Commendatory for Life as touching the Profits is like unto the Titular also giving a Benefice in Commendum to one who hath not the qualities required by the Canons doth not disagree with the Words thereof but 't is given to him in Deed and not given to him in Words the Commendums of Bishopricks and other Benefices are almost out of use in Italy There remains some Abbeys for the Causes which in our times shall be declared By the means abovesaid the Popes drew to themselves great share of the Beneficial Disposals in all the Christian Kingdoms of the West but in the Eastern Churches he was never suffered to dispose of an Atome not only in the last Ages of that Empire when the Greeks were totally divided N. 152. but likewise in the first Ages also when they were united into a Body except that in Syria and in Greece in the times and in the places which were under the Dominion of the French and of the Venetians But the Popes Letters which disposed of Benefices in manner abovesaid although they were indeed for the most part obey'd yet nevertheless not without some Complaint and Murmuring putting it often to dispute whether the Pope could do this or that In Italy none opposed the Pope unless some Pious man for Respect of Conscience and for the Service of God it being besides profitable to the Italians for such were the Roman Courtiers who by means of the Popes ample Authority received Incoms from Beyond the Alps. In Spain the Prudence of that Nation in their Practice deluded the Arts of the Court. In England as in a Region where the Benefices were many and Rich the Roman Courtiers made great gains wherefore in the year 1232 a League was made in that Kingdom N. 153. between the English Clergy-men and the Souldiers against the Roman Clergy-men Beneficed in that Island who were spoyled of their Goods and Incoms The Pope Commanded the King under pain of Excommunication that he should Chastize or Punish and Persecute them with Temporal Arms and that the Prelates should Excommunicate them But they were found to be so numerous that the King durst not meddle with them neither did the Prelates dare to make use of their Spiritual Weapons The Affairs remained quiet for a few years whereupon Pope Innocent the 4th a Genoése took fresh Courage and sent one Martin his Kinsman by whose means he renew'd the Fashions of the Court upon which the English had Recourse to the King Complaining that the Italians got Possession of all Benefices The King Banished Martin from the Kingdom and causing an Account to be made of how much the Pope
the Ministery of Christ and the Authority of loosing and binding was a different thing from the Possession of Temporal things annexed to a Benefice and that by reason of this Temporality it was not disagreeing that the Prince should receive some share for the necessities of the Common Wealth N. 174. and of this a Solemn Dispute was also made But this Answer satisfied not Pious and learned men for although the Revenue of Benefices be a Temporal thing yet the Right and Title by which they are Possessed is a Spiritual thing It appeared to all men and still it doth appear that with good Reasons these Methods of the Popes were reproved and called Simony This Defect was made use of for the first Pretext for taking away the Collation of Benefices from Princes But the Pope of Rome having by the Progresses above written gained great part of the Power whereof the Emperors were spoyled John the 22d Anno. 1316. Ordained that for three years every man who Obtained a Benefice of a greater Income than 24 Ducats ought at the Expedition of his Bull pay a years Revenue The three years being expired N. 175. the same was continued as well by him as by his Successors although some Resistance was made in divers places and in some others they were received to pay half a years Rent only and in other places a certain sort of Benefices was only obliged to pay the others remaining excepted The bringing in of this was accounted very Burdensome to private Families the years Revenue being paid by the Beneficyed or Incumbent out of the Houshold Stock there being a Hazard that he may dye before he makes good that money to the Family and Princes found it a great grievance to their Government such a notable share of the Cash being drawn out of their Dominion without receiving any Profit for it and so much the more grievous as this Work is accompanyed with the Expence of Bulls Dispensations and Presents or Gifts beforehand all which carry away the Money which is the sinew of Potency and it never returns as it doth by way of other Commerce When this Novelty was introduced by the Pope N. 176. the ordinary Persons could not perceive what difference there was betwixt this Payment and that which was so much blamed in those dayes when Princes bestowed Benefices but learned men in those primitive times Condemned it universally as savouring too much of Simony In Progress of time some men studied wayes to justify it so that they were divided one sort rebuking it as a thing unlawful Simoniacal and forbidden by Divine and by Humane Laws others Commending it as a thing Lawful yea necessary and due to the Pope of Rome these proceeding so far as to defend that the Pope may not only demand a years Fruits but more also as he that is absolute Patron yea of all the Fruits not of one part only who they also say cannot commit Simony for any Contract he shall make in the Collation of Benefices And certainly if he were Patron as they say the Consequence would be clear because every man may Contract for his own in what manner seems best to him without doing wrong to any one N. 177. but neither God nor the World seem to consent to it This Pope was so intent in drawing mony from every thing that it twenty years Popedom he heaped up an incredible Treasure Certain it is that in his Expences and Gifts he was no more straightned than his Predecessors and yet he left 25 Millions at his Death John Villano relates that to one of his Brethren of the Colledge of Cardinals after the Popes Death Charge was given to make an Inventory of the Mony which he found to be 18 Millions in Coyned Mony and seven Millions in Vessels and in Ingots weighed by him The First year Fruits in his Institution from Pope John the 22d L'Annata Extended but unto Benefices which were Conferr'd and which were paid for in the Expedition of Bulls a thing which Continued unto that time but afterwards there was also laid an Obligation upon all Benefices to pay the first year Fruits or Revenue every 15 years because that being united unto Monasteries Hospitals or to Pious places N. 178. they never become Vacant which Imposition was therefore called Quindennium Quindennium which Paul the 2d about the year 1470 Constituted only concerning Benefices united after the year 1417 by the Pope of Rome but Paul the 4th extended or enlarged it likewise to all the Benefices united before and Sixtus the 5th Comprehended not only those united by the Apostolical See but also those which had been united by Legates Nuncio's Bishops and by others But returning to the first Original of these year Incoms or Fruits those who opposed against the Invention of John the 22d with zeal of hindring that the year-Fruits might pass no further they have not only brought about his Design but have been the Cause of defending and extending it also even as some who then opposed the Reservation brought forth a contrary Effect the Popes never failing to get any Abuse whatever to be Justifyed by Doctrines Wherefore after this Benedictus the 12th Anno 1335 under pretence of being willing to provide or furnish Livings with fitting Persons he reserved to his own Disposal and Providing for his Life time only all the Benefices Vacant in Curia as had been done formerly N. 179. and also all those which became Vacant by Privation of those who were Beneficiated or else by Translation unto another Benefice and also all those which were renounced in the Court and all the Benefices of Cardinals of the Court Officers of Legates Nuncio's and of other Rectors and Treasurers of the Roman Church-Lands likewise the Benefices of those who went to Court upon Business if in going or coming they happened to die within 40 miles Distance of the Court and likewise all those which became Vacant because the Possessors of them had received another Benefice These Reservations Comprehended a multitude of Benefices restraining much the Power of the Ordinaries and they caused many Benefices to be setled upon Forrainers this was received however because the Reservation was only for during his Life Yet 't is never to be believed that a thing useful to him that Governs instituted for some short space of time N. 180. should remain Circumscribed thereby For Benedictus the 12th being dead Clement the 6th his Successor made the same Reserve wherefore the King of England Edward the 3d perceiving that for this Cause and by reason of Reversions all the Benefices of the Kingdom fell unto Forrainers He Commanded upon pain of Death that the Popes Beneficyal Provisions should not be received within his Kingdom The Pope wrote to the King shewing sorrow for it desiring he would forbear The King answered beseeching the Pope to Reform the things which were a shame to the Church and a scandal to the People adding further
this The Pension is much more useful and Commodious wherefore 't was easie to execute the Councel because it became Convenient likewise N. 220. but the raising Monasteries with Commendums which the Councel Commanded in like manner hath not been put in Execution hitherto but many which were in Title have been Commended anew there being no way found out to do it Commodiously The Pension cannot be Imposed by any but by the Pope only a thing of a great Emolument to the Court of Rome This Alteration hath Italy made for the Councel of Trent which having not Treated of Reservations and those being also encreased and are every day encreasing there remaing of the Benefices in Italy at the Popes Disposal with good hopes that the Sixth which remains may be to Compleat the Whole By the Rules of Chancery all the Benefices are Reserved to the Pope which John the 22d and Benedict the 12th reserved to themselves and afterwards all those Obtained by any Person being an Officer of the Court N. 221. although it were after he was gone out of Office All the Patriarchies Arch-Bishopricks Bishopricks and Monasteries of men are also reserved which exceed the value of 200 Gold Florins and also all Benefices belonging to the Collation of whomsoever and becoming Vacant by the Cession by Privation or by the Death of the Collator until that the Successor shall have taken quiet Possession Also the Chiefest Dignities after the Pontifical in Cathedral Churches and the Principal Dignities in Collegiate Churches Priories Prepositures and other Conventual Dignities the Preceptories of all the Orders excepting Military the Benefices of all the Popes Familiar Acquaintance and of every Cardinals although they be no more in their Service or because they be gone away or because the Cardinal is Dead also all the Benefices of the Collectors and Sub-Collectors all the Benefices of the Roman Courtiers which dye in a Journey when the Court Travels all the Benefices of Chamberlaing and Cursori N. 222. besides all these Benefices which Comprehend all the Chiefest and a great part of the rest the Pope Reserves to himself all Benefices of any kind whatever which become Vacant in eight Months of the year leaving only four Months unto others and this as touching other Benefices not above named Besides these there are reserved also by a Constitution of Pope Pius the 5th all the Benefices becoming Vacant for Cause of Heresie or for Confidence and all those which shall not be Conferr'd according to the Decree of the Councel of Trent He that shall put together all these Reservations will find that at the least 6 5 ths are the Popes and â…™th belongs to all the other Collators together To give Commendations to whom they are due the Diligence used by the Popes of Rome is not to be omitted not to suffer that the Bishops and other Collators of Benefices should give place to any Abuse they never permitted them the Power to unite Benefices ad Vitam neither the Commendings ad Vitam N. 223. they have not permitted that they could dispense upon a Plurality of Incompatibles nor to grant Regresses or Coadjutorships with a future Succession and using the same Diligence at present they do not give leave that a Pension though but small shall be laid upon the Benefice In like manner they do not admit that they may receive the Resignations ad Favorem but in receiving the absolute Resignations which have been used most Antiently in the Church Pope Pius the 5th Anno. 1568 Prohibited under most grievous Penalties all Ordinaries which having received the Resignment of a Benefice from Conferring it on any Kinsman Relation or familiar Acquaintance or friend of the Resignant Obverting that neither by Words nor by Signes or other Shews they should have Demonstration of another Person to whom the Resignant had a desire the Collation of the Benefice should be made 'T is Constantly Affirmed by all Canonists and Casuists that every Contract in matter of Benefice is Simoniacal if it be made without the Popes Participation but with his Intervention every thing is Legitimate N. 224. holding for Constant this general Proposition which is that the Pope in Beneficial matters cannot Commit Simony which gives no very good Edification to the World yet the most Modest Canonists do limit it distinguishing some kind of Simony to be forbidden by Divine Law and another by the Law of man adding that the Pope only is exempt from Committing Simony forbidden by Humane Law But notwithstanding this they stumble upon the same Difficulties because that which is not evil by its own Nature nor forbidden by God deserves not this name and it is superfluous to make a Humane Law not to observe it and he that shall look into it and not make himself a Pretext with Words shall see that all is forbidden by God and certainly it cannot be said that in this Part of holding the other Bishops in Office the Pope should have failed and it hath been a very great Grace of God shewn to the Popes that they have been able to keep the Remainder of the Church sincere from Simony N. 225. and yet they have not been able to extend this good to themselves nor to their Court And if one day as there is hopes that it may come into some good Popes mind to Reform the Court it would be a most easie thing to do it only by receiving those Laws for himself which are given to other Bishops and we might shortly expect such a Profitable Reformation if Flattery kept it not off at a distance by Proposing to the Popes that they being in Possession at leastwise in Italy and in a few other places were not Subject to any Rule it being not good to Deprive themselves and do that Prejudice to the Apostolick See quite Contrary to the Doctrine Professed by the Antient Holy Popes and Doctors But by the things abovesaid it is very clear whether the Popes of Rome may have full Authority over Ecclesiastical Estates and Benefices so as not to be subject to any Rule in the managing of them wherefore proceeding by Reason N. 226. if the Church of each place be Mistress of the Estates which she Possesseth because the Dominion hath been transferr'd to her by him who was the first Master of them with the leave of the Prince who by Law hath granted to her Purchasing it remains that the Estates ought to be under the Government and Administration of those who are appointed for that Charge First according to the Disposition of the Law and then according to the Conditions which the Donor Prescribes and the Testator formerly Patron of it and finally according as the Church hath granted who is made Mistress of it yet not going contrary to the Disposition of those from whom it hath Cause And this is so Evident and Clear that it cannot be put in Doubt unless by one who hath not Common sense or else who in
A TREATISE OF Matters Beneficiary BY Fra Paolo Sarpi The Author of the History of the Council of TRENT Newly Translated out of ITALIAN according to the best and most perfect Copy Printed at Mirandola Anno Dom. 1676. Wherein is Related with the Ground of the History how the Almes of the Faithful were Distributed IN THE PRIMITIVE CHURCH The Particulars whereof the Table sheweth LONDON Printed by Thomas Hodgkin and are to be sold by William Crook at the Green Dragon without Temple Barr and Richard Bently in Russel Street Covent Garden 1680. TO THE KING'S MOST EXCELLENT MAJESTY May it please your Majesty TO give me leave most humbly to offer unto your Majesties perusal a small Posthumus work of a poor Theatine of the Order of Servi newly taught English who Lived and Dyed in the Communion of the Church of Rome yet happily as worthily Great as that or any other Age either before or since hath produced Great for universal Learning for wisdom in Councils for discerning right reason from Sophistical-School-quirks for faithfully recording Antient Monuments and customs of the Church so that every one that reads them may safely swear not only to the truth but to the Impartiality of them being written without respect to this or that Church in particular but to Holy Church in general Great for soundness of Judgment for admirable dexterity in summing up intricate wrangling and prevaricating disputes into short perpicuous and pithy Results Great also for Holyness of Life and Conversation contentedness and moderation of desires not seeking high things for himself thereby imitating Christ himself who when the Multitude would have taken him by force to make him a King withdrew himself into a Mountain alone never altering his Habit Condition or Cell though esteemed the very Oracle of Venice who stoutly yet with great Modesty and Reverence towards his Holy Father the Pope defended the just Rights of that Wise Republick against his Holiness and all his Conclave to his eternal Honour confounding all the wits which were not few of that Age by the effort of invincible reason fairly appealing to the Judgment of all the world by his Pen and at the end and close of the Accommodation refusing to give Rome it self the satisfaction though but of words and esteemed as insignificant the Popes Breve offered for taking away his Censures and his Instrument of Absolution and the Instrument for the delivery of the Prisoners and the decree of the Senate for the Restitution of the Religious c. All wyles and tricks of the Court of Rome granted Covertly and with design to Cajole unto the Cardinal of Joyeuse which they did not dare to divulge in formal Copies but only dispersed under-hand some Abridgements of them to Amuse and cheat the World He so Confounded the Jesuits that that State so Solemnly Banished them their Dominions that they were never to be re-admitted nor the Decree revoked unless the whole Process against them were first read in full Senate whereof five parts of six should give Suffrage for their Revocation And who though by the Constitution of that Republick as an Ecclesiastick could not formally sit in their Council yet that State had that Esteem for him that they so far dispensed as that he was permitted to sit therein behind a Curtain that he might be Master of all their Debates and Advisoes and in due time and place give his own I might add much more concerning the Articles of his Faith whereof there are 54 at the end of his History of the Inquisition Published in Latin by Andreas Colvius Printed at Roterdam 1651 where he is Stiled Splendor Ornamentum Orbis the Glory and Ornament of the World but I forbear lest under pretence of an Epistle Dedicatory I should seem to write an Epitaph If I have too far transgress'd already I can only plead for my excuse that he being rested from his Labours it is but just that his good works should follow him and his praises celebrated This very work of his though small in Bulk yet very rich in Cargo not only for the Excellency but for the Curiosity and Rarity thereof there being nothing Extant so succint particular and exact for full perfect and distinct information comparable to it nor so methodically declaring their genuine History and pedigree of their first Institutions and right uses the Alternate Gradations of their rise growth and deviations by which they degenerated into Abuses and seems as if it were Calculated for the very Nursing Fathers of Holy Church of which your Majesty being the great defender the Dedication hereof hath so just a pretence to your favourable Acceptance and perusal that it would be injurious to your Majesty to doubt thereof I pray God guide your Majesty with his Councils while you Live and afterwards receive you to Glory So Prayeth Your most humble and dutiful Subject and Servant WILL. DENTON M. D. THE PRINTER TO THE READER I Think it my duty to advertise thee that I have Printed this small Treatise in this large Volume that it may suit and be bound with the Authors other small works lately Printed with his History of the Council of Trent to which ere-long I hope more may be added And the Numbers of the following Index relate and Correspond to the Numbers in the Margent of this Edition as also to the Pages in the Italian Copy I hope there are no Errata but Litterals only p. 75. n o 223 l. 15. for Obverting read Advising or Intimating A Table or Index of the Contents of this Treatise A ABbots how and by whom Founded and did increase No. 45 46 95. Exempted from the Authority of the Bishops but Subject to the Pope 46. gave themselves to Temperal Imployments 47. Abbies made Rich 45. Abuses in the Administration of Goods Ecclesiastical no. 1 2 not altogether irremediable 2. St. Augustin's Opinion concerning them 22. Annates or first-Fruits who Invented them reputed Grievous Vniversally Condemned 173. Justified by some 175 176. Anselme Bishop of Lucca wrote in favour of the Election of Bishops by the Clergy and People of the Diocesses n. 161. Armes Spiritual or Excommunication imployed for the defence of Temporal Possessions 75. Aspettative Exportancies or Reversions blamed and restrained n. 133. B BAronius not able to excuse the disorders of Ecclesiasticks n 72. he contends about the intromission of Princes and of the People in the Election of Popes and Bishops 126. Beneficij their Original and cause of their name n. 45. Antiquity knew no distinction between Order and Benefice it being the same thing to Ordain and give a Benefice 50. whether of Divine or Human Right 76. their distinction into Compatible and Incompatible 143. Pluralities 143 211. Commendaes 149. Vnions 157. their Reservations to the Pope 220. Laws made concerning Benefices 21 25 26 166. Beneficed are not the Patrons but the Administrators n 236. St. Bernard Reprooved the Court of Rome about the Collation of Benefices Exclaims against those that
made Collections for other poor Churches also For which cause St. James St. Peter and St. John when they acknowledged St. Paul and St. Barnabas for Consorts and Companions in the Gospel they recommended this Work unto them to Collect some Almes for the poor Church of Hierusalem for which St. Paul also mentions the having made a Collection in Macedonia in Achaia in Galatia and in Corinth and this Custom was observed not only during the Apostles Life times but also after their Death and in the Church of Rome where Riches were plenty the Offerings also were Abundant N. 12. for about the year 150 they not only served to Maintain the Clerks and poor Christians of that City but also to administer abundantly unto other Churches not only to the Neighbouring but also to those at a Distance giving Food in divers Provinces unto poor and miserable Christians Condemned to Prisons and to working in Mines and to shew the Abundance of the Oblations I shall only say this that Marcion about the year 170 Marcion Ao. 170. made an Oblation in the Church of Rome at one time of 5000 Crowns of Gold and because he had certain Opinions not Convenient in Matter of Faith he was expell'd from the Congregation and all the money restored to him that holy Church esteeming it self polluted in retaining the Goods of a Heretick Afterwards the Church of Rome encreased so in Treasures that after 220 years the Roman Emperors were desirous of them Ao. 220. Decius the Prince whereupon Prince Decius Arrested St. Lanrence a Roman Deacon to take the Ecclesiastical Treasures from him they being grown so Copious but that Prince was Mistaken N. 13. believing that the Treasures were Collected and preserved for that holy Deacon was aware of the Tyrants Greediness and foreseeing the imminent Persecution bestowed all at one time as they were wont to do in such like Dangers and the most part of the Persecutions made against the Church after the Death of Commodus were for that Cause that is because the Princes or the Governors finding themselves short of Money were willing to make themselves Masters of the Christian Churches Stock that way After the Churches were enriched the Clerks also began to live more at ease and some not being content with the ordinary daily food of the Church would live separately in their own Houses and receive from the Church their separate proportion in Money every Day or for a Month together and longer a thing which although it declined from the Primitive Perfection N. 14. was nevertheless tolerated by the Fathers Besides the disorders did not stand at this stay but the Bishops began to fail the Poor in their usual Almes and to keep for themselves that which ought to be distributed growing rich with the Common Goods of the Church dealing in usury for to encrease them and leaving off the care of teaching the Doctrine of Christ all busied themselves in Covetousness which things St. Cyprian laments that they were practised in his time and concludes that God to purge his Church of these Errors might permit that great Persecution which was under the Empire of Decius because his divine Majesty hath alwayes reformed his Church either mildly by the means of Lawful Magistrates or when the Excess is gone too far by the Instrument of Persecutions But although the Church possessed so much wealth No Stable Goods at first yet it had no setled or Stable Goods first N. 15. because they cared not for any upon the Reason abovesaid for they esteemed the End to be at hand and all Worldly things to be Transitory and of a great weight for one who tends towards Heaven and again because no Society Colledge Communalty nor Corporation according to the Roman Laws could be given to bequeathed or have left by Will any Goods immovable nor for any cause whatsoever could possess the same unless it were approved of by the Senate or by the Prince neither can this be doubted of although Some Epistles goe about under the Names of old Popes which give a Reason why the Apostles should sell their Possessions in Judea and the succeeding Christians should preserve them by saying that was because the Apostles foresaw that the Christian Church ought not to remain in Judea but indeed amongst the Gentiles as if in the Gospel the cause of selling were not expresly shewn when Christ said to his Church Fear not O little Flock N. 16. sell what ye possess and give Almes that although Hierusalem were destroyed at its Building again there might be an Abundance of Christians and yet have not been destroyed in the Cities where the Churches amongst the Gentiles had Possessions But labouring to shew this Falsehood is superfluous being a certain thing that these Epistles are Suppositious Ao. 800. and were framed about the year 800 by those who preferr'd as is still done at this present Riches and Pomps to the Apostolical Moderation Instituted and Commanded by Christ But the Confusion which was much continued in the Empire after the Imprisonment of Valerianus the Laws being but little observed chiefly in Africa in France and in Italy some left or gave Stable Goods to the Churches which in the year 302 were all confiscated by Diocletian and Maximian though in France the Emperors Decrees were not Executed by the Bounty of Constance Cloro Caesar who Governed it But these Princes having renounced the Empire eight years after Maxentius restored all the Possessions to the Church of Rome and a little after Constantine N. 17. and Licinius granted freedom of Religion to the Christians approved of the Ecclesiastical Colledges call'd Churches granted generally throughout the Empire that they might gain or acquire Stable Goods as well by Gift as by Testament exempting also the Clergy from personal publick Services Exemptions of Ecclesiasticks that they might attend the duties of Religion more Commodiously The Custome of our times of giving or of leaving ones Estate to the Church with a special obligation of some particular work as of Building of Marrying young Damsels of providing for Orphans or others neither with Obligation to Masses Anniversaries or to other Ecclesiastical Offices were not then in Account nor in Use for a long time after But Persons gave or bequeathed absolutely and the Gift or Legacy was incorporated into the Common Mass N. 18. which was the Stock for the Expences of all pious Works wherefore speaking of ancient Ecclesiastical Goods it is most true that they are not dedicated to any particular Work but it is not true that they may be laid out in what a man will but in the generality of Pious Works only The Exemptions which Princes granted unto Ecclesiastical Goods freeing them from publick Contributions was a great encrease to them Exemptions of Ecclesiastical Goods and it was formerly observed every where inviolably with great satisfaction to Princes and with the Approbation of the People N. 19.
left by Will which indeed was then spent by them in the Maintenance of a great Number of Monks and in Hospitality in Schooling and Education of youth and in other Pious Works The Abbot Tritemius makes account that the Monasteries of Benedict in Monks were to the Number of 15000 N. 32. besides the Prepositures and lesser Convents Prepositure The Monks themselves chose their own Abbot who Governed them Spiritually and Ruled also as well the Goods which came by the Charitable Offerings of the Faithful as of those which proceeded from the Labour and Art of the Monks and in progress of time those also which came from setled Revenues But the Bishops in these dayes which Succeeded the year 500 Ao. 500. being become absolute Dispensators of the fourth part of the Church Goods began also to mind more Temporal Things and to make themselves to be followed in the Cities whereupon Elections were no more used as the End of Divine Service but with Seditious Practices Proceeding oftentimes from Practices to Publick Violences for which cause Princes who until then took but little thought of whom should be Elected unto this Ministery began to bethink themselves of it N. 33. being advertised by the Holy men of those times that God had Committed the Protection of his Church unto them and therefore they ought by the Command of his Divine Ministery to take such care that Ecclesiastical Affairs should be Lawfully Managed The Princes also saw evidently how great Impediments were brought against the Quietness of the State and against the good Government of the Common-wealth by the Private Interests of the Ambitious Clergy and by the Seditious Practices which they used to acquire Ecclesiastical Dignities whereupon partly out of Divine Respect and partly for Human they began to prevent the Clergy and the Laity from providing themselves after their way according to their Affections as well because Affairs being altered and the Bishoprick no more shun'd but coveted they made Parties from whence proceeded Seditions and sometimes popular Slaughters by means of the Concurrents as also because sometimes Factious Persons were chosen for Bishops who held private Intelligence with the Princes Enemies which were never wanting in the Western Confusions N. 34. and sometimes Persons were chosen who having gained a Train of People Attempted some Design to Attribute the Jurisdiction of the Magistrate to themselves and would stir up the People to Defend their Enterprises whereupon the Princes Ordained that no Person Elected should be Consecrated without their Consent or the Magistrates the Prince Reserving to himself the Confirmation of the great Bishopricks as in Italy of Rome Ravenna and of Milan leaving the lesser Bishopricks to the Care of the Ministers But taking more heed to the Substance of the thing than to the Appearance when in a City there was an Eminent Subject known to the People to whom all were enclined ☞ and the Prince satisfied that he pleased the People Occurrenza when an Occurrence came he was Consecrated without more ado Sometimes also there happened through Accident of War or of Plague that one had been Ordained before he had the Confirmation of the Prince N. 35. as happen'd to Pelagius the 2d Predecessor to St. Gregory Rome being Besieged by the Lombards after the Siege was raised he sent Gregory who was then Deacon to make Excuse to the Emperor beseeching him to Confirm what Necessity had Constrained him to do In this manner Popes were Elected and Bishops in Italy until the year 750 Ao. 750. with the Imperial Confirmation but in France and in other places beyond the Alps the Regal or the Princes Authority was herein more absolute for the People totally desisted from the Election when the Prince took it in Hand good men forbore because believing themselves to be well provided with Kings esteemed their Interventions Superfluous evil men because they were not certain of being able to bring their Designs to pass whereupon the Kings gave the Bishopricks to them only throughout the Kingdom In all Gregory Turonensis ' History from Clodovius the first Christian King of France unto the year 590 no Bishop was known to be made but by the Command or by the Consent of the King N. 36. and St. Gregory who was made Pope that year writing to the Kings of France upon different occasions Complains to them that the Bishopricks were not bestowed on sufficient men and prayes them to make choice of good and understanding men He never reprehends the Provision made by the Kings when the Person provided was deserving As for Bishops who were chosen without the Authority of the People it was easie to exclude them also from the Election of Priests Deacons and other Ecclesiastical Ministers reducing the Power of nominating them to the Prince only without the Intervention of the People part of them having withdrawn themselves totally from meddling in Ecclesiastical Congregations to attend their Domestick Affairs others through the Inconveniencies which did arise amongst popular Factions and some others for seeing themselves disrespected by the Bishop grown Potent as well by the Riches he had to spend as by his Dependance on the Prince by whom he was Nominated to or Confirmed in the Bishoprick The Prince sometimes Nominated those that were to be Ordained N. 37. at other times he left the Care wholly to the Bishop chiefly when he was fully Consident which Considence was also Cause that the Prince oftentimes made use of the Bishop either to compose Difficalties amongst the People or to determine Difficult Causes the Respect of Religion being the Cause that they were more believed than the Magistrates whereupon they were more intent upon that than in teaching the Christian Doctrine which at first was given them in Charge Therefore when making of a Bishop was in Question it behooved rather to have Respect unto a wise Wordling than unto one understanding in Matters of Faith which remains still unto this time it being said that excepting the Places bordering on the Insidells it is better making a Bishop of a good Jurisconsult or Lawyer than of a good Divine and truly 't is a reasonable thing if the Principall Office of a Bishop were to judge Causes N. 38. Christ our Lord Ordaining his Apostles said as my Father hath sent me so send I you by which they understood to be sent to Teach If now all be sufficiently instructed and there be no more need of it he may attend somewhat else Heretofore the Principal Care of the Bishop was to Teach and the next to oversee the Government of the Poor so that in the second as well as in the first there was some Relaxation and therefore in making the Division into four parts abovementioned the Administration of the Goods being in the Hands of the Clergy and those were they who divided after their way so that where the Bishop and the Priests were Conscionable men the Division was Justly
given to the Portions of Ecclesiastical Estates or to the Right of Possessing them because they were given by the Prince as Bishopricks or by the Bishop of whose Consent and Concession other Livings are bestow'd and also because Clergy-men are Spiritual Souldiers keeping Guard and exercising a Sacred Warfare The Abbeys beyond the Alps were at last made more ample and more Rich Abbeys by reason the Masters of the Pallace assumed to themselves the Authority of making the Abbot Maestri di Palazzo and that with a reason apparent enough because the Monks then as hath been said were Laymen without any Ecclesiastical Ordination N. 46. It is true they did not alwayes give him to them but sometimes out of favour he granted the Monks leave to choose themselves one But in Italy the Monasteries being not very considerable in wealth Ao. 750. untill the year 750. the Kings of the Goths then the Emperors and the Kings of the Lombards made no great Accompt of them whereupon the Election was left to the Monks with the sole superintendency of the Bishop But the Bishops sometimes being intent to grow great they molested the Monasteries too much wherefore the Abbots and Monks desirous of freeing themselves from that subjection Exemption found a way by having Recourse to the Bishop of Rome that he might take them into his immediate Protection and exempt them from the Authority of the Bishop This was easily consented unto by the Popes making use of them as well to have other persons in Cities immediately depending on them as to amplifie their Power over the Bishops it being very important that a Corporation so Notable as were the Monks who in those times almost wholly attended on Learning N. 47. should depend totally on the See of Rome A Beginning being made of these Exemptions all the Monasteries in a very short time remained united to the See of Rome and separate from their Bishops In France the Bishops made by the King and much more those who were made by the Masters of the Pallace the Kings Authority being lessened betook themselves all to Temporal things which the Abbots did likewise who furnished the King with Souldiers and went to the Wars in Person not as Religious men to perform the Offices of Christs Ministers but Armed and fighting also with their own hands for which cause they were not content with the fourth part of the Goods but drew all to themselves Whereupon the poor Priests who Administred the Word of God and the Sacraments to the People in Churches remained without a livelyhood wherefore the People out of their Devotion Contributed unto them part of their own Estates which being done in some places more liberally N. 48. and in others more sparingly Querimonies or Complaints arose about it sometimes because when 't was often treated how much that should be which was to be given to the Vicars or Curates it went for a Common Opinion to be convenient after the Example of Gods Law in the old Testament to give the Tenth Tythes which being Commanded that people by God it was an easie thing to represent it under the Gospel of Christ as due also though indeed nothing else be said of it by our Lord and by St. Paul but that necessary maintenance is due from the People to the Minister and that the Minister or the Labourer is worthy of his hire and he that serves at the Altar ought to live by the Altar without prescribing any determinate quantity because that in some Cases the Tythe would be but little and in other Cases the hundreth part would suffice But because this is a clear thing and that hereafter we have need of handling it more diffusedly I 'le say no more now but that in those dayes and for an Age afterwards N. 49. the Sermons which were made in Churches excepting the Matters of Faith tended to nothing else but to Proofs and Exhortations to pay Tythes a thing which the Curates were forc'd to do both for need and for utility or profit and in the Amplifying as it behooved like an Orator they went often so far that they seemed to place all Christian Perfection in paying of Tythes of which not well Content and the Praedials not seeming sufficient for them they began to hold the Personals also for necessary that is what a man gains by his Labour and Industry of Hunting of all Arts and Handicrafts and also of the Military pay Of these Sermons many being found without the Authors Name some through Error or on purpose were attributed to St. Augustin and to other Antient writers But besides that the Stile shews they were made about the year 800. Histories are clear that neither in Africa nor in the East they never paid Tythes and that their Beginning N. 50. sprung up in France as hath been said I 'le pass unto Italy No man ordained without a Title where for several hundreds of years no man was ever Ordained to whom there was not appointed both his proper and special Office and Charge unless that some man famous in Doctrine or in Holyness who to attend on his Sacred Studies refused to be applyed to any particular Cure the Priest was Ordeined without giving him any proper Parish on which he might attend St. Hierolamo was Ordained Priest of Antioch and St. Paulinus at Barcelona and this occasion eccepted Olim no distinction between Ordination and Benefice Antiquity knew of no Distinction between Ordination and Benefice and Ordaining was then the same thing as to give an Office and the Right of having ones Livelyhood from the Common Goods of the Church But afterwards that in the Confusions which Wars had caused in States many worthy and good Clergy-men were driven from their Ministry they recover'd or had Recourse to some other Church where they were received and maintained as their own Clerks at the Common Charges N. 51. and sometimes some Minister of that Church happening to fail by Death or otherwise his Office was appointed him to be Minister therein and that Clerk was then said to be Incardinated whereas he who had first been exalted to an Office Cardinals Incardinato Cardinato was said to be Ordinated or Ordain'd thereunto but who being dispossessed of his own and provided with another was called Incardinated This manner began in Italy before the 600th year of Christs Birth when through the Incursions of the Lumbards many Bishops and other Clergy-men were driven from their Charges for which cause when such like Offices were vacant in other Churches they were Incardinated therein and the Bishops were call'd Episcopi Cardinales and the Priests Presbiteri Cardinales Those who were driven out from their own places having Recourse to the Churches of Rome and Ravenua which were the Chiefest and Richest in Offices and Ministeries N. 52. those Churches I say as most Rich and most abounding received most of those Strangers and therefore they had more Cardinals
which was also received in the abovesaid Churches because by that means they gain'd from all places the most notable men as is done in these dayes and therefore they very Seldom Ordinated any of their own but very often Incardinated strangers whereupon it remained that in those two Churches all were called Cardinals In that of Rome the name remains still in that of Ravenna it lasted until the year 1543 when Paul the third by one of his Bulls abbrogated the name of Cardinal in that Church thus the name of Cardinal which declared Infirmity changed the signification and became the name of the greatest Dignity and is come to be said they are Cardinals that is Cardines orbis Terrarum and that which had neither degree nor order in the Church but brought in by chance is raised to the Greatness and Dignity wherein we see it now adayes But he that shall consider or look upon the Councels held in Rome where Italian Bishops N. 53. and Roman Cardinal Priests did Interveen shall see that the Cardinals did alwayes underwrite after the Bishops Cardinals inferior to Bishops and that no Bishop was made a Cardinal Priest in succeeding times The first Bishops made Cardinals were some chief ones driven from their Churches as Conrad of Mentz driven out for a Rebel by Frederik the first Emperor was embraced by Alexander the third Cardinals no Habits to distinguish till 1244. Red Hat Red Cap. and made Cardinal of Sabino Neither had the Cardinals of Rome any Habit or Token of Distinction until Innocent the fourth in the year 1244 who upon Christsmass Eve gave them the Red-hatt to which Paul the second added also the Redcap the Regulars Excepted But Gregory the 14th in our dayes granted it to them also This little Narration hath been necessary because that upon a Dignity which at present is Supream in the Church and for which it seems sufficient Titles could not be found the present Pope Vrban the 8th by a peculiar Bull hath reduced them to Eminency From the Beginning until a little before the year 500 N. 54. as hath been said every Clerk was Ordained unto some Office and lived upon the common Maintenance No Ordination without a Benefice till afterwards after the Benefices were made 't was the same thing to Ordain it and to appoint the Office of exercising and the Benefice from whence to receive their Living none being Ordained without a Benefice but in Progress of time when there appeared any person fit to Act the Clergy-man although there were no Room or Benefice vacant not to lose that Subject or Person the Bishops Ordained him without any Office or Title and therefore without Benefice also in Expectation that one might become vacant and those men Ordained without Title did help or assist those who had Livings from whom they received their Maintenance But in progress of time this sort of Clerks Ordained without Title or Benefice grew to such an excessive number Inconveniencies from Ordination without a Title and the Charity of the Beneficed in giving them Maintenance being much lessened that a multitude of Indecencies and Scandals arose that it behooved to provide for them by Laws and constrain the Bishops who Ordained without Title N. 55. to furnish the Ordained with a Livelyhood and these Provisions which were Established in the Beginning somewhat still'd the disorder which nevertheless sprang up again ere long and being often supprest alwayes returned whereunto two things have given a joynt cause one was the desire many men had of making themselves Clergy-men to enjoy the Exemptions and to free themselves from the Subjection of Princes the other the Ambition of Prelates of having a sufficiency of Subjects whom they might Command which Disorder is not yet well provided for it causing many Indecencies in several Kingdoms and making the People to lose their Respect for Religion The Episcopal order hath been no less exempt from this Inconveniency but bishops have been Ordained with a Title only or with a name of Derision hold nothing yet they are not vulgarly so treated or styled as other unbenefic'd Clerks for though indeed they Ordained Priests N. 56. Deacons and other inferior Ministers without Charge either in fact or in name yet 't was never usual until now to Ordain a Bishop without a Diocess from whence he was denominated wherefore if a City were assigned him possessed at present by Infidels from whence he takes his name and no Christians being there the Bishop ordained remains with a Name only without People and lives by serving some great Bishop who cannot or accounts it a thing inferiour to him to exercise by himself the Episcopal Functions There was a great number of such Titular Bishops before the Council of Trent now 't is much lessened But because the Jesuit Fathers at present propose a question Whether the Pope can ordain Bishops without any Title either true or feigned as Priests and Deacons are ordained and they decide that he may God grant that this Power may not be put in practice lest the Reverence to that Order should be lost N. 57. which heretofore was great towards all Ecclesiastical Orders when none was ordained but he that was appointed to an Office as hath been said for which cause all of them resided or dwelt upon their Charge which could not be left vacant Residence and Non-residence there being none to supply it all being occupied in their own in like manner the distinction of Benefices was unknown which sought for Residency and sought it not and whether the Benefice were rich or poor either of a heavy or of a light burthen it behooved that the Possessor should serve it personally But after they began to ordain without Title the Titulars having who to put in their room the charge was left to one with some small Provisions for attending and they attended on somewhat else So in France the Bishops served the Court and the Parishes also somo poor Priest being substituted They began to provide against the Disorder not with Laws and Constitutions but by punishments of Censures and of Privations so that in the times whereof we speak N. 58. that is immediately before the year 800. they were refrained by these chastisements but so that the Division of Benefices as also the Ordination of non-Titulars and the Provisions for the Residency did not pass without some diversity between place and place even in the same Church it passed not without some variation caused indeed by the different minds of the Bishops who succeeded one another as also through divers Provisions made from time to time by Princes to prevent the disorders caused by the willing of too much in some Clergy-man Troppo volere or by the impatience of some popular man who could not see himself totally excluded from Ecclesiastical affairs Much Alteration happened unto Charlemain who having reduced under his obedience Italy France and Germany
Provincial Synod Diocesan Synod Consistory and they held an Assembly almost daily which was called the Consistory in imitation of the Assembly of the Emperors Counsellors to which that name was given In the Ecclesiastical Consistory the Chief of the City Churches did intervene with the Bishop a thing grown out of use in all places only in Rome the Image remains There they proposed discussed and resolved all Ecclesiastical Affairs but after that Benefices were erected the Priest having his Living separate took little care of the Common Affairs and ceased from intervening in the Consistory N. 66. whereupon that grew out of custome and instead thereof the Bishops made an Assembly of all the Clerks of their Cathedral Church to make use of them as well for Councel as for Ministers in the Government who receiving the Share of their Living from the common Mass or Stock every year every month every day from whence they were called Canons Canons from the word Canon which in the Western Empire signified the measure of wheat which sufficed for a Private mans food or for a Families or for a Cities and this Institution of Canons did a little precede the times of Charlemain by whom they were also better settled Here it is also requisite to be noted that in those times by reason of the Wealthiness of the Benefices they created for Bishops the chief men of the Court and of the City to whom the Prince likewise committed a great share of the Political Government first extraordinarily and then seeing it succeeded well N. 67. ordinarily though not in all Gities after the same manner but according to the Occurrences of the place and to the worth or goodness of the Bishop and also according to the little aptness of the Lord or Earl Câ—nte who was sometime supplied by referring unto the Bishop which was the cause that when the Posterity of Charles was afterwards degenerated and plunged into the depth of Ignorance the Bishops thought it better for them not to acknowledge any more that Authority of the Prince from whence it came but to attribute it to themselves only and to exercise it as a Peculiar of the Bishops Ecclesiastical Jurisdiction and to call it Ecclesiastical Jurisdiction And such was the Beginning of that which we now see contended for with Princes and which puts a little confusion sometimes in the good Civil Government The Affairs established by Charlemain had no long duration N. 68. through the little worth of the Princes of his Posterity who held the Empire whereupon beyond the Alps things easily returned to their first Abuses the People in few places and very seldom had any share in the choosing of the Bishops and not much in the choice of the other Ecclesiastical Ministers but the Bishops ordained and gave Benefices to whom they pleased except when some man was proposed by the Prince in which case they failed not to obey The Pope of Rome was always elected by the People and confirmed by the Emperour afore he was consecrated and the other Italian Bishops were not consecrated unless the Emperour had first approved of them In France and in Germany much more If the Pope was willing to favour any one in the Neighbouring Bishopricks of Rome he had recourse to the Emperour beseeching him he would vouchsafe to give him the Bishoprick and if any instance were made to him that he would grant the Consecrating of any one who had not the Emperours Letters he refused to do it bringing to mind they should be first obtained But the Posterity of Charles being driven out of Italy in the year 884. N. 69. Adrian the 3d. made a Decree that the Pope should be consecrated without the Emperour It was not besides the Argument that having designed to treat of Benefices we have discoursed of the Popedome and are yet to discourse of it for the future That being one amongst the Benefices and especially named for a Benefice by Clement the 3d. in a time when the Popedome of Rome was not only ascended to its heighth of Greatness but had also some peculiar Dignities to distinguish it from others And 't is a most noted thing Pope that antiently the name of Sanct us Sanctissimus Beatus Beatissimus was common to all the Faithful in Christ when all men still aspired to perfect Sanctity afterwards that Secular men had attained to much more conveniencies in worldly Affairs these names remained amongst the Clerical Order and after the declining of the inferiour Clergy they remained amongst the Bishops only N. 70. Finally the Bishops being given to worldly Affairs they remained to him of Rome only who hath retained them since not as Titles of Goodness as they were but as Titles of Greatness The Names of Pontifex Pope or Chief Priest were and are common to all Bishops yea there are yet some Canons extant wherein all Bishops are called Chief Priests The name of Papa or Pope which seems the most proper was given to each Bishop St. Ciprian Bishop of Carthage was called Pope St. Hierome gives that Title unto St. Augustin but in times much more recent Sidonius Apollinare called many Bishops Popes and is called Pope by them Many Canons are in the Decree of Gratianus in the Inscription whereof Martin Bishop of Bracara in Portugall is called Pope Gregory the seventh in the year 1076 The name of Pope First made peculiar to the Bishop of Rome by Gregory 7th was the first who Decreed that the name of Pope should be peculiar to him and not attributed unto others and it proceeded so far in Opinion not to say in Faction that Anselmus Lucensis one of his followers said that the Plural of the name God was no less improper and impious than that of Pope But returning to the times which followed the Line of Charlemain N. 71. In France was a Fashion invented which though it appeared in favour of Secular men the Churches thereby encreased unto immense Riches and this was a Contract called Precarius Precarius by which Precarius to whomsoever that gave his own to the Church the Church granted him to possess the same in his Life-time and twice as much besides and if he would divest himself of the Usu-fruit also they gave him to enjoy three times as much of other Goods of the Church afterwards this went over into Italy also The Contract for that time proved profitable to him who tripled his Incomes and accommodated those who were without Posterity or who took care for the present without caring for Posterity but indeed the Profit was the Churches who after his Death got the Estate entirely Great Confusions in Italy followed upon these times as well in the Civil Government as in the Ecclesiastical and specially in the Popedome unto the year 963 wherein for 80 years N. 72. none sought after a true Form and Face of the Churches Condition but only for a
to wonder if so many modern Writers in such like Questions as in this which makes the Pope absolute Master of all the Benefices and of all Ecclesiastical Estates do defend Opinions contrary to Antiquity and contrary to those Institutions which had their Rise from the Apostles themselves and from Apostolical men because that as St. Cyprian very sensibly Complained that it is one of the Imperfections of man that whereas Customs should be Conformable to good Doctrine and to Laws on the contrary the Doctrine of Interessed men accommodates it self to the Customes and it is observable that in all the course of so many Ages there hath been no Novelty introduced even concerning Religion but immediately it hath met with Defenders What a wonder will it be N. 93. that this should happen in those Novelties and Introductions which serve for Wealth Ease and humane Concerns whereunto many may aspire The Confusion which was in Italy in Politick Affairs by reason of so many Kings and Emperors which were made in those times caused also an extream disorder in other Cities about Ecclesiastical Affairs Bishops and Abbots being sometimes made by Princes and sometimes intruded by their own Power and other Ecclesiastical Ministers likewise were sometimes made by those who bore sway in the Cities and sometimes by the Bishops and now and then Benefices were Possessed by him who had Power or popular Favour In the year 963 Otho a Saxon brought his Arms into Italy and became Master of it and to give Form unto the Government he Assembled a little Council of Bishops deprived Pope John 12th who being made Pope in his Minority under the Age of 18 by the chief of the Roman Nobility and by a great Concourse in that City N. 94. and lived in the Popedome Committing Adulteries Perjuries and other irreligious Customes Otho made him to be renounced by the People and by Pope Leo the 8th Created by him instead of John The Authority of creating the Pope and the other Bishops in Italy he retained and his Son and his Nephew of the same name unto the year 1001 for the space of 36 years and during the number of twelve Popes which were in that time Two of them were Created quietly by the Prince the others in Seditions for which cause the first Otho carryed one Prisoner into Germany and Otho the third carryed another one was strangled by him who had a mind to be made in his Room one run away having Robb'd the Treasury of the Church Ornaments and another withdrew himself into a voluntary Exile so that in these years we meet with Popes yet as Baronius saith Scontriame they are in the Catalogue only to fill up the Number for as to the Rest the Church had no other head but Christ. The other Bishops and the Abbots were Created by the Emperors without any Contradiction N. 95. and the manner was that when a Bishop dyed his Crosier-Staff and his Ring were carryed to the Emperor who having determined on whom to bestow the Benefice he invested him by giving him the Ring and the Staff upon Receiving of which Tokens he went into Possession and got himself Consecrated by his Metropolitan or by the Neighbouring Bishops which Custom was observed also in France and in Germany Other smaller Benefices were Conferr'd by the Bishops or by the Abbots under whom they were unless the Prince Nominated any one to a Vacant Benefice For to such a one it was given without any Reply or if he were Recommended by the Prince to have a Benefice when it should be Vacant who by reason of that Expectation granted by the Prince came to be provided by the Bishop with the first Vacancy Thus did the Otho's Govern without Contradiction from the Popes although the second of them dwelt a very long time in Rome where he dyed also and was buryed After the Death of the Othos N. 96. there was preserved among the Succeeding Emperors the same Power of Bestowing of Bishopricks and Abbeys and also of Nominating unto inferior Benefices or else of giving Expectancies of Benefices which were to become Vacant Indeed the Imperial Authority diminishing in Rome the Confusions returned into that Church for the People having reassumed the Authority of Electing the Pope and chose three of them quietly Benedictus Octavus and John the 20th Brethren were Elected one after another with some shew of Faction and this last being dead Benedictus 4th their Nephew was Chosen at 12 years of Age who besides many other Excesses sold a part of the Popedome to one Sylvester the 3d and another part to Gregory 6th and all three sate in Rome at the same time with much Confusion chiefly that this Gregory having Armed himself with Souldiers Foot and Horse N. 97. and with great slaughter gotten the Possession of St. Peter's Church he enlarged his Part by Arms wherefore the Emperor Henry the Black went into Italy put Benedictus to Flight sent Sylvester away Banished Gregory into Germany and deprived the People of Rome of the Power of making any more Popes And he made three Popes successively all Germans by Nation who being chosen by the Emperor took upon them the Pontifical Habit and Ensigns without any thing else the third who was Brunus Bishop of Zul having by the Emperors Deputation taken upon him the Habit in Trisinga and therewith taken his Journey as far as Clugni Hildebrand a Monk Foster-Son of St. Peters Church in Rome a man of singular subtilty would by Art restore the Election to the Romans Counsell'd Brunus who Cloathed in his Pontifical Habit was call'd Leo 9th to Cloath himself like a Pilgrim and so to go to Rome and that he would be more acceptable to the Roman People N. 98. Leo Consented and entred Rome in a Pilgrims Habit and by the Suggestion of Hildebrand was Proclaimed Pope of Rome by the People But this Art did not prevent the Emperor when Leo was dead from chusing in Mentz Geberard of Aichstat who immediately put on the Habit and was called Vector the second the Emperor then did not only bestow Benefices but also made Constitutions against those who obtained them by Symonie Pardoning the Errors Committed until that time and Imposing Penalties for the Future Henry the Black dying left the Empire to his Son Henry the 4th who Succeeded him in a tender Age during whose Minority although the Popes were Created by the Consent of the Emperors Tutors and the Bishops and the Abbots were Invested by him with the Ring and the Crozier Staff the Popes nevertheless making use of the Occasion gained by little and little some greater Liberty adhering also to one side or party of the Tutors who differ'd about them and made Factions whereupon Nicolas 2d N. 99. made a Constitution about the Election of the Pope Ordaining it should first pass through the Cardinal Bishops then should be proposed to the Cardinal Clergy-men in the third place to the Clergy and
his Annals with all opportunity and importunity is this that it was with an Impious and a Tyrannical Vsurpation of those Princes and People to intermeddle in the Election of Bishops and chiefly of the Pope not considering that the best Popes have been provided by Princes and that alwayes when Clergy-men only have made the Election infinite disorders have sprung up But that which imports more is that Popes of a most holy Life and Emperors of perpetual memory have commended that Practise and judged it necessary neither can it be now blamed without slandering two Dozen of holy Popes and particularly St. Gregory N. 127. and the Antient Doctrines of the Councils and of the holy Fathers If at first the Mistery had been discovered whereto would have tended this taking away the Investitures from Princes the Clergy would not have been perswaded unto Novelty but they believed their own Interest and liberty were concerned wherefore the Practice began of bestowing Benefices in manner abovesaid every one in his Diocess some by the Election of the Chapters some by Collation or setling of the Bishop and likewise the Pope bestowed those in the Diocess of Rome and medled not with giving Benefices out of his Diocess unless sometimes in one case only that is when any Prelate being gone to Rome either for Devotion or for Business dyed there and in his company there hapned to be some noted Person of the same Nation the Pope immediately Created him in the place of the Deceased and sent him back writing to the Diocess or to the Monastery Lamenting the death of the Deceased and consolating them with the substitution of the Person he had sent them This thing was easily consented unto as well because it hapned but rarely or seldom N. 128. as because it appeared to be the Popes favour also there being no cause of refusing a Person deserving and of the same Country but when the news of the death came to the Place if the Pope had made no Provision already in manner aforesaid they stay'd no longer but provided of themselves according to Custom In nothing else did the Pope meddle with Ecclesiastical Causes out of the Diocess of Rome The Pope of Rome nevertheless was very deserving from all the Clerical order seeing that so many Popes with so much Toyl and Labour together with so much Blood-shed had gained them that Power and Dominion over Benefices and excluded the Princes who from antient times and the People who from the beginning had Possession of that Right wherefore he was held in great esteem by the Bishops who sought to gratifie him all the wayes they could which put the Popes in mind of dealing with the Bishops after that manner as the Emperors were wont N. 129. which was to recommend one to them to be provided with a convenient Benefice At first these Requests seemed very strange to the Princes they opening a door by which Strangers or Outlandish men got an Inlet to be Beneficyed in their Kingdoms and yet they were favourably accepted and answered by the Bishops with gratification who only were intent on the Excluding of Princes never thought that another by depriving them could assume to himself the settlement of Benefices But shortly after through the Profitableness which the Court received from those who made Presents to obtain the Popes favour and for the Charges of Bulls they began to multiply the desires and the Recommendations of the Pope in such a manner that the Bishops became deprived of almost all Collations Whereupon they were sometimes forced to pass without complying with them the Popes found a Remedy for this by adding Commands unto his Requests which were obeyed at first N. 130. but for being too frequent it constrained the Bishops to transgress the Command and without Respect thereunto or to the Censures therein Contained they made Collations in regard to themselves and to their Churches and it behoov'd the Pope afterwards to be content for a thing done and to pardon them seeing there was no other Remedy The course whereby Benefices were obtained in Rome would have been easily stopt but there was a Remedy invented for it at Court for besides the desires and commands they added an Executor who if the Bishop would not confer the Benefice he was to confer it and to punish the Bishop besides for Disobedience However they used that Method but sparingly and when the Bishop had been stubborn But at last for a quicker dispatch they came to yield to Prayers to the Mandate and to Execution altogether Wherefore the Churches and the Bishops felt themselves much aggrieved N. 131. and the Princes and the Nations complained not only for being deprived of their Faculties but also because by that means the Benefices which by a most antient custom were bestowed on the Natives fell all unto strangers who were at the Court of Rome whereupon oftentimes those were made Bishops and Curates who understood not the Peoples Language which they were not apt to learn by reason of the great Difference as many Italians who were Beneficed in England and the disorder grew so great that he chiefly the Curate who understood not the Language of the People was forbidden by the Pope of Rome from having any Benefice reserving to himself the Power of Dispensing Power of Dispensing which did not remove the disorder but only encreased the Charges of the Solliciters or Entreaters and the Profits of the Court they not sticking to give the Reversions unto strangers granting them afterwards a Brief of Dispensation But although such ample Authority which the Court of Rome had assumed to it self was displeasing to men of good zeal yet it was most grateful to a great number of Clergy-men and other Persons desirous of Benefices N. 132. who were subject to Canonical Impediments which rendred them uncapable This sort of Persons no Bishop durst to promote as retaining the due Reverence to the Canons Nevertheless that which no man would do the Pope did easily dispensing against Canons and Ecclesiastical constitutions introducing the saying de Plenitudine Potestatis and the little clause non obstantibus a thing unknown and not heard of in so many Ages which is now put into every Beneficial Bull yea the Popes themselves in the distribution of the Benefices of the Roman Church in good time or times of Prosperity made Profession of being greater observers of the Canons than any other Bishops and one of the glories of the holy Popes as may be seen in St. Leo and his Successors was the punctual observance of the Canons first by themselves then by others neither ought it to be said that these were of less authority N. 133. but certain it is they were of greater goodness and knowledge and they durst not do otherwise than what was permitted unto others whereas afterwards every thing was done at Rome which others durst not do elsewhere St. Barnard who lived in the first times of
these Introductions which although they had not past so formerly as happened afterwards writing to Eugenius the third rebukes them sharply complaining that the City of Rome was the place whereto the Ambitious the Covetous the Simonists the Sacrilegious the Concubine-keepers and the Incestuous had their Recourse to obtain Benefices for they found none who would receive them in other places Rome being the only place which made that Legal or Lawful which every where else was reputed unlawful The Popes themselves could not deny but that the granting of these Expectancies or Reversions were burdensome to the Churches yea Gregory the 9th C. Mandatum de rescrip confesseth it with open words wherefore they were restrained by inserting this little Clause If we have not written for another bringing into Custome N. 134. that every Pope might grant a Reversion upon any Church and no more Besides they were wont afterwards at their entrance into the Popedom to revoke all the Reversions granted by their Predecessor that their own might take place more easily or else that those who had obtained them might be necessitated to have new ones at new Charges for to Confirm them therein as for Elective Benefices which are Bishopricks and Abbeys they gave no Expectancies or Reversions there being no Example of it for they had been bestowed by the Princes but the Court invented other Modes or Wayes whereby they often drew the Collation of them to Rome setting forth many Conditions which were necessarily to be observed before coming to the Elections and others in the Celebration thereof and requiring divers qualities in the Person of the Elected N. 135. adding thereunto that if any of these were not observed the Electors were for that time deprived of the Power of Choosing which devolved it self to Rome Besides this also and for divers Respects of the Electors or for other Causes there arose amongst them difficulties about the Election for which cause one of the Parties would Appeal to Rome where most commonly the wrong was given to both and the Election made invalid and the Collation of the Bishoprick or Abbey for that time was drawn to Rome Also when the Court heard of a vacancy of some good Bishoprick or Abbey which had happened it dispatched immediately a Letter Preceptory that there should be no proceeding to the Election without his knowledge and with an honest shew or colour of helping or preventing disorders which might happen he sent a Person to assist and preside in the Election through whose means by divers wayes and managements the Election was made to fall on him who was to be the greatest Benefactor to Rome There happening then for the causes above written N. 136. that few Elections of Bishopricks and of Monasteries were Celebrated but for some of these Respects were examined at Rome whereupon the Pope mediated or interposed himself in most of the subsequent Elections covering it with the honest Title of Devolution for the publick service seeing that the usual Electors wanted of that which was their due they thought it convenient to put to their hand also either by commanding when it seemed to them that the Electors should not come to the Election without their leave or that they should not chuse but by the Counsel of some Persons nominated by them thus by different wayes they came to assume some share in the Elections also These methods variously used according to the Exigency of Accidents had not the Power of a Law but of Customs or of Reasonableness unto the year 1227 when Gregory the 9th having considered how Theodosius formed the Politick of the Empire Collected his Rescriptions or Decretals and those of Preceeding Princes into a Book N. 137. which was afterwards called the Theodosian Codex And Justinian having accommodated the Antient Laws according to the times then being and reduced the Decrees of his Predecessors into a Body he called them the Justinian Codex So the same Gregory the 9th framed a Politic having reduced into a Body all the Rescriptions or Decretals together with the Accidents which happened serving to the Roman Greatness and having extended that to a common use which had been established for a particular place and perhaps for that special case only and having abolished others called that Book the Decretal of Gregory the 9th which began to lay the Foundation and to establish the Roman Monarchy chiefly in Beneficial matters in which Book there is much more concerning the Edification of Law-fruits than concerning the Edification of Souls The old Collectors of Canons Particularly Gratian made a Collection of all that he accounted proper to the Papal greatness yet not without Changes N. 138. Alterations and Falsifications also of the Places from whence the Sentences were taken and 't was believed by him he had raised that Authority to the greatest height it could attain unto and for those times he was not mistaken but Affairs being altered that Compilement was not for his purpose but after that which he called his Decree followed this Decretal which gave no satisfaction neither but from time to time as the Popes advanced in Authority they framed new Rules for themselves so that in the matter of Benefices neither the Decree nor the Decretal nor the Sesto have any more Room but other Rules as shall be spoken of The great Method which the Court of Rome used in bestowing of so many Benefices drew thither all sorts of Clergy-men those who had none to gain some and those who had to aspire unto greater or better So that besides the old causes this also was added that many became non-Resident which the Court could not dissemble for every Diocess complained that the Churches were without Government N. 139. and attributed the cause of the Evil where it truly was wherefore 't was resolved some Provision should be made for it Therefore it seemed not convenient to the Popes of these times to proceed as formerly with Castigations because the disorder was too common as also because it would have been a means to send all out of Rome which if it should have been done the Court would have remained empty and every one would have endeavour'd to obtain Benefices from his Bishop near to whom he was personally rather than to send Salaries and Messengers to Rome for the obtaining of Expectancies or Reversions However a Medium was found by making of Laws which commanded Residency to that sort of Beneficed men who could expect but little from the Court speaking nothing of others Thus Alexander the 3d in the year 1179 commanded Residency to all Beneficed Persons who had the Cure of Souls The 't was added also all those who had Dignities N. 140. Administrations or Canon-ships of other inferior Beneficed men 't was never said they were obliged to Refidency and much less were they commanded to Reside wherefore by little and little they accounted themselves not obliged to it in such manner there arose a Distinction
of Benefices some of which required Residency and others simply which obliged not thereunto wherefore the Doctors declared the Progress that de Jare all are obliged unto Residency not being able to say otherwise without perverting Antiquity but through custom they say single Benefices Excepted It was a most common saying Beneficium datur propter Officium wherefore these being disobliged from Residency having no Office it seemed that the single Benefice remained as a vain thing in the Church For which they found a remedy by an Equivocation The Canonical hours which at first were Celebrated in the Church by all the Fraternity and afterwards some made it Lawful for themselves to say them privately about the year 800 they acquired the name of Officium divinum N. 141. which being Celebrated by all either in common or in private the truth of the Proposition was saved Beneficium datur propter Officium that is to say for repeating the divine Office not for serving the faithful People residing in the Churches and exercising the charge as formerly and this is that Officium answerable unto Beneficium Therefore the Conscience of many Beneficed men being secured by this means that they might be absent from the Church of the Benefice it seemed also necessary to find out a way that when it had been needful to cause any one of those to remain at Court who was obliged to Residency it might be done without derogating from the Laws Whereupon Honorius the 3d about the year 1220 declared that he who was in the Popes Service should not be obliged to reside nothing else remained but to find a way how they might take away Residency from some Rich Benefice under Cure which failed not N. 142. for it being an ordinary thing for the Parson of the Parish at times when he is Lawfully hindred to appoint a Vicar to serve for him allowing him a convenient Stipend so it is found that they might but with the Popes Authority Create a perpetual Vicar appointing him a sufficient Portion and leaving the remainder to the Rector obliging that Vicar unto Residency although the Rector draws the greatest part of the Income and remains free himself whose share becomes as a single Benefice and that of the Vicar remains for the Curates Provision And as it was unknown to the Antient Church that any Benefice was given but for the Office sake and therefore every one is obliged to execute his Office Personally so there was never one man deputed unto two Charges or Offices not only for being impossible when they are to be exercised in different places but also because those holy men accounted it no small matter to perform one well and there are many Canons to which ancient Institutions are referr'd that one cannot be Ordained to two Titles nor serve in two Churches N. 143. In those times when Benefices were distinguished into such as have Residency and such as have not Consequently 't is come to be said Benefices with Residency and without that of those where it is not necessary to serve in ones own Person a man may have more than one and there arose a distinction of Compatible Benefices Patible and Incompatible and of Incompatible Benefices those which require Residency are Incompatible amongst themselves a man being not able to divide himself into different places but these with others and they amongst themselves are Compatible seeing it is not necessary to serve Personally However in the Beginning they proceeded in this matter with great Respect and went no further than to say only when a Benefice was not sufficient for the Clerks Living he might have another Incompatible but they never durst go on to the third much less unto the second if the first had been sufficient The Authority was never extended farther unto the Bishop N. 144. but 't was added to the Pope that he might have Authority to grant more than two if both were not sufficient for a Living and this sufficiency for living is cut out very largely by the Canonists for they say that a meer Priests Living comprehends not only the Maintenance of the Person Beneficed but for his Family for his Kindred for three Servants and for one Horse and also to receive strangers But when the Beneficyed was Noble or Learned so much more besides that as might equalize his Nobility and that which they say for Bishops is wonderful and for Cardinals let the Common saying of the Court suffice Aequiparantur Regibus Equal to Kings But all this proceeding with the ordinary terms that through dispensation every Canonist holds that the Pope may grant to one to hold what number of Benefices he pleaseth and de facto Dispensations of the plurality of Benefices went on so far N. 145. that John the 22d about the year 1320 revoked them all restraining the Dispensations unto two Benefices only which being done with reserving to himself the disposing of others as shall be declared in speaking of reserves 't was not then believed he had done it to take away the Abuse but for gain chiefly because that Pope was a subtil inventor of wayes to encrease the Treasury and time gave Testimony thereof for it returned not only to its Pristine Plurality but also unto greater and as far as our times we have seen and do see Dispensations without measure All the Canonists and the Casuists agree that such Dispenses ought still to be given for a Lawful Cause and that the Pope sins if he grants them without it But if that which is of value in the Dispensation granted without Lawful Cause be excused they do not agree Others say that it excuseth before God and before men others that it serves to avoid the Penalty of the Canonical Laws and that in Conscience and before God it avails not This opinion is followed by the most Godly men N. 146. the first is most grateful to the Court who is not pleased to have any Law imposed which may regulate the Popes Authority chiefly in Beneficial matters because some of them hold also though with great contention of others that the Pope can also grant many cured Benefices through Dispensation however they have not made use of that opinion seeing they have found out other wayes to bestow many cured Benefices with Colour and Pretext which should appear but one Union and Commendation and these Inventions took beginning in the times above-said One of these wayes is Vnion the other Commendation of which it will behoove us to speak anon 'T was a most Antient thing that when a People by Accidents of War of Plague or by Inundation was reduced to such a small number that it could not support the Charges for the Maintenance of a Minister the Bishop gave the Cure of that People unto the Neighbouring Parish and together with that applyed the small Incomes and this was called Vniting of two Parishes N. 147. In like manner when Cities were diminished
drew out of England he found it to be equal to his own Revenue which is sixty thousand Marks The King proposed some of these Differences to the Council at Lions making Complaint of the abovesaid grievances whereto the Pope answered the Council was not Assembled for that purpose and that it was no time to harken to it In the said City of Lions during the time of the Council N. 154. the Pope would have given to his Kinsmen some Prebendaries of those Churches upon which there was a great Commotion in the City and the Pope had notice given him that they should be thrown into the Rhone wherefore the Pope sent them away privately Rhodano For all this the Court left not off its Designs but in the year 1253 the same Pope Commanded Robert Bishop of Lincoln a man in those times Famous in Doctrine and in Goodness that he should confer a certain Benefice upon the Genoése against the Canons which appearing inconvenient and unjust to the Bishop he answered the Pope that he Honour'd Apostolical Commands Conformable to Apostolical Doctrine wherefore that non obstantibus is a Deluge of inconstancy a Breach of Faith a disturbance of the quietness of Christendom that it is a grievous Sin to defraud the Sheep of their Pasture that the Apostolical See had all Power to Edification none to destroy N. 155. This Answer received the Pope grew wroth exceedingly But Cardinal Egidius a Spaniard being a Prudent man endeavour'd to Mitigate him representing to him that to proceed against a man of such Reputation for a cause so abhorr'd by the World could not bring forth a good Effect But whilst the Pope studyed to shew his Resentment Robert fell sick and to the end of his Life held the same Reasons and dyed with an Opinion of Holyness and 't was fam'd that he wrought Miracles The Pope hearing of his Death caused a Process to be formed for the King to dis-inter the dead mans Corps But the night following in a Vision or in a Dream he had Robert in Pontifical Robes who Rebuked him for persecuting his memory and smote him on the Flank with the But-end of his Crosier-Staff The Pope awoke with an excessive Pain in that Place which afflicted him unto his Death that happened within a short time after In the year 1258 Alexander the 4th Excommunicated the Arch-Bishop of York for the like Cause who persevering in his Deliberation N. 156. endured the Persecution with much Patience and drawing neer to his Death wrote a very Prudent Letter to the Pape exhorting him to imitate his Holy Predecessors and to take away the Dammageable Novelties from the Church and from his own Soul He dyed with the Opinion of a Saint and a Martyr In these times 't was likewise necessary in France to make a Provision which I shall relate after having given notice that for these and for other Impediments which the Princes and the Bishops opposed against the endeavours of the Court which never thought of giving over For Clement the 4th in the year 1266 resolved to lay the Foundations whereby he or his Successors might declare themselves to be absolute Patrons in all the Collations of Benefices throughout the World and remove the necessity of finding out Wayes and Arts to draw the Collations unto Rome and made a Bull which concluded nothing else but the Reservation of the Vacanti in Curia saying that the Collationing of them by an Antient Custom is reserved to the Pope and therefore he approved of this Custom and wil'd it to be observed N. 157. But to conclude this alone So much an Hyppothetical Premium can do in saying that although the plenary Disposal of all Benefices Premio Hippotetico belongs to the Pope of Rome so that he may not only confer them when they become Vacant but he may also before Vacancy grant a Right for the acquiring of them Nevertheless the Antient Custom hath more especially reserved the Vacanti in Curia Wherefore we approve of that Custom If the Pope had made a concluding Edict that the Disposal of all Benefices belonged to him the World would have stir'd in it and as well the Clergy-men as Princes and other Lay-Patrons would have declared their Reasons But this Proposition being put into a Conditional without a Conclusion went on easily without any notice taken of how much it might Import But two years after that is in the year 1268 without having any Respect unto this Bull N. 158. St. Lewis King of France seeing that the Provisions made by the Queen Regent his Mother during his Minority and during his Absence in the Holy Land were not sufficient to remove the Confusions introduced in the matter of Benefices Pragmatic Sanction made his famous Pragmatick wherein he Commanded that Cathedral Churches should have their Elections Free and the Monasteries likewise that all other Benefices should be given according to the Disposition of the Law and that no Imposition of the Court of Rome could be levied upon Benefices without his Consent and the Churches of his Kingdom This Holy Kings going into Africa against the Mores and his Death which happened in the year 1270 and the need the House of Anjou had of the Popes Favour to settle his Kingdom in Naples and to recover that of Sicily and the Power which the Pope granted to the King of imposing Tythes under Pretext of the War of the Holy Land were cause that the French easily permitted the Court of Rome to regain the same Authority N. 159. whereupon in the year 1398 Boniface the 8th placed the Constitution of Clement in the Decretals and made that That which was said Hyppothetically and Incidentally became the Principal and to give it the greater Authority he exposed under the name of Clement leaving it dubious whether it were the 4th or the 3d. Therefore now in some Copies it is Read the 3d in others the 4th For which cause this Proposition was given to be believed at first i. e. That the plenary Disposal of all Ecclesiastical Benefices belongs to the Pope which is pretended to be meant in a Sense not altogether perverted which is that the Pope should have full Power but yet Regulated by the Laws and by Reason A little after Clement the 5th made void all good understanding by saying that the Pope had not only full Power but also free over all Benefices which freedom is understood by the Canonists Exempt from all Laws and Reason so that he may do all that he pleaseth notwithstanding the Reason or the Interest of whatsoever Church or of Particular Person yea even of a Lay-Patron This Proposition is put into the Bulls upon every occasion N. 160. and there is no Canonist but passeth it for clear yea for an Article of Faith saying that the Pope in the Collation of any Benefice whatever may Concur with the Ordinary and also prevent it and if it so please him he may
also give Authority to whom he thinks fit enabling him in like manner to Concur with the Ordinary or to prevent it as they have since given this Faculty unto Legates with a general Constitution There is nothing more Wonder-worthy in the Consideration of Benefices Election of Ministers belonged to the Faithful than it being as clear as the light at noon day that the Election of Ministers was at first by the Faithful People then it passed unto the Princes after the Christian Faith being received they minded the Affairs of the Church and finally it was reduced unto the Ecclesiastical Order only N. 161. the Seculars being excluded by the Management of Gregory the 7th and his Successors yet there still remained in each Diocess the Election and the Collation of Benefices and of their Offices which since by little and little the Popes of Rome have assumed to themselves by the wayes abovesaid and to be said hereafter Nevertheless the Canonists either out of Animosity or because it is not their Profession to know any thing besides the Decretals have said and do say in our dayes without Respect unto the Notorious Truth which is against it that heretofore the Pope provided all Bishopricks and other Benefices and that he afterwards out of Favour granted the Election to the Chapters and the Collation unto the Bishops it is not to be doubted but one day it ought to be answered in the Articles of our Faith for making a Doctrine to pass into the Church which is so directly contrary to what they caused to be Preached in Former times when Anselmus Bishop of Lucca who wrote three Books against Gilbert the Anti-Pope in favour of the said Gregory the 7th which are still to be found throughout all the second of which by the Authority of the Popes N. 162. of the Holy Fathers of general Councels by the Custom observed from the Apostles time unto his who wrote in the year 1080 Proves that the Election of Bishops by him called Popes belonged to the Clergy and to the People of the same Diocess and that the most Pious Emperors Constantine Constant Valentinianus Theodosius Honorius Carolus Ludovicus and other excellent men for Faith and in Religion never violated such a Custom observed in the Holy Church from the Apostles time and a Constitution of Carolus and Ludovicus Pius being born or Contained in the Chapitolar that Bishops should be elected by the Clergy and by the People of their own Diocess according to the Canons saith that this Constitution is most agreeable to that of the Holy Fathers and no less than if by the Nicene Councel or by any other General Synod it had been Promulgated by the Holy-Ghost through the Mouth of those Emperors where 't is seen that to take the Election out of the Hands of Princes they held for a Tradition that the Contrary of which they are willing now adayes should be Written by the Canonists N. 163. and Believed by us so that of necessity the Canonists must Err or else the Allegations of the Bishop of Lucca have erred And if the Ordination of Bishops in their Diocesses after the manner aforesaid was the Liberty of each one of the Churches as the Fathers and the Councels taught and granted them by our Lord Jesus Christ Let not those talk so disorderly who say the Court hath put all the Churches in Bondage under pretext of defending them their Liberty Seek this time that having spoken in divers Occasions of different wayes of gaining Estates to the Churches I toucht the manner of preserving them which is by Prohibiting all manner of Alienations Alienations a thing Diametrically contrary to that which the Primitive Church observed Wherefore if when 't was Lawful by the Laws of the Prince for the Churches to purchase Estates in Land N. 164. they might retain those which were given or bequeathed 't was therefore in the Bishops Liberty not only to make use of the Incomes but also to sell the very Estates to discharge the necessary Expences in Maintaining the Ministers and the Poor as also to give or bestow according to Exigencies And the Authority of Dispensator granted to the Bishop did not extend to the Fruits only as at present but also unto the Estate it self and to other Chapters which at first was Administred with Sincerity so that there arose no inconveniency thereby and lasted a long time in Poor Churches where the Estates being but small and the Bishops of no great Authority there was no matter or cause of Transgression But in Rich Churches and great ones where the Reputation Emboldened the Bishops to attempt that which would not have been permitted unto all and Abundance gave matter of being able to make use of some part Arbitrarily the Bishops began to exceed the Bounds of Modesty from Dispensing they came to Dissipating against which it was requisite to provide neither the Provision proceeded not from the Clergy-men but from Secular men to whose prejudice it was N. 165. For the Publick Estate of the Church being lessened the Clergy were not suffered to take their Living who were the first but the Poor who remained to the last In the most Principal Churches which were Rome and Constantinople the Provision was also first necessary wherefore Leo the Emperor by a Law of his Anno. 470 Prohibited the Church of Constantinople from every Alienation and in the year 483 Basilius Cecina Praefect us Praetorius of King Odoacre in Rome the See of Simplicius being Vacant by a Decree made in the Church Ordained that the Estate of the Roman Church should not be Alienated which was not found strange by three Succeeding Popes but in the year 502 Odoacre being extinct and all his Power Simmacus the Pope Assembled a Councel of all Italy wherein he proposed as a great Absurdity that a Lay-man should have made Constitutions in the Church N. 166. and by Consent of the Councel declared them Null But lest it should appear that this would tend to disorder a Decree was made in the Councel that the Pope of Rome and the other Ministers of that Church should not be able to Alienate specifying that the Decree should not oblige other Churches but the Roman only The following times shewed there was need of the same Law in all the Churches wherefore Anastasius extended Leo's Law to all the Churches subject to the Patriarch of Constantinople to all which he Prohibited the Power of Alienating But Justinian the Emperor in the year 535 made a Constitution General for all the Eastern Western and African Churches and also for all Pious Places Prohibiting the Power of Alienating excepting only to Feed the Poor in case of extraordinary Famine and to release Prisoners in which Cases Alienation was granted Conformable to the Antient Custom N. 167. of which St. Ambrose makes mention that not only Possessions but also the Vessels were sold for such Causes Justinian's Law in the West
Court. There was added the Constituting of another Antagonist at Law if he dyed that the end of him might not be the end of the Law-suit but by his Death there was taken or received another years Revenue and the Continuation of the Law-suit which Multiplying also the Clauses were invented Si alteri Si neutri Si nulli Whereby the Benefice was given to a third man also but only during the Law-suit or Contest of the two first which Constrained Princes for the Removing of Confusions Disorders and Contentions amongst their Subjects to bring back to the Secular Bar or Court the Cognizance of the Possessorio of the Benefices a thing which although Legitimate had been by the Connivance of Princes taken away from the Secular Magistrates and Assumed by the Ecclesiastical Court From the Provisions which were made by some Princes to stop the new Introductions into matters Beneficial within their Dominions N. 188. the Court took occasion to invent others as well to work the same Effects under other Pretexts as to Multiply methods whereby they might do and therewith supply what they could not do where Provision was made In these times Resignations were found out not good and Commendable ones Resignations for they are very Antient but certain others which the World at present Commends not It was never Lawful for him who was put into an Ecclesiastical Charge to leave it of his own Authority and it was very agreeable that he who had dedicated himself to a Ministery and had received the Reward for it which was the Benefice should persevere Administring nevertheless for some Lawful Causes it might happen to be necessary or at least for the Publick or for the Private good that some one might devest himself of it 't was introduced for a Custom that it might be and with the Authority of the Superior for some Lawful Cause he may renounce and the Causes wherein 't was practized were if through Infirmity of mind or of Body or became incapable by old Age N. 189. or if by enmity of Potent Persons on the place he could not make his Residency without Danger When the Renunciation was received by the Bishop the Benefice was esteemed as Vacant and he to whom the Collation belonge'd Conferr'd it in the same manner as if it had been Vacant by Death The Renunciat was introduced in these times not for any urgent Cause but only to bring to pass that the Benefice might be Conferr'd upon one nominated by the Renunciator and as unto a new thing it behooved also to give it a new Name calling it Resignatio ad favorem because it was only made to favour the Resignation that he might have the Benefice 't is indeed at the Superiors Liberty to receive the Renunciation or not but he cannot receive it but by giving the Benefice to the Person Nominated Although this was a way for introducing Hereditary Succession unto Benefices and therefore Dammageable unto the Ecclesiastical Order N. 190. it proved more profitable to the Court by how much the more frequently the Benefice was Conferr'd and by it the first-Fruits Receiv'd Covetousness and other Worldly Affections taught many to crave for and to receive Benefices not with a mind to continue in them but with thoughts of enjoying them until they could obtain better or else until some design of Marriage or other kind of Life were brought about or else until some Youth might come of Age at which he might afterwards renounce a thing which by Pious men was never excused and 't is held for a Common Opinion that whosoever receives a Benefice with a design of Renouncing it cannot with a good Conscience receive the Fruits which some of a larger Conscience they do not mean so generally of all but of those only who do it with an intent to forsake the Clerical Order As for Renouncings ad Favorem which became Emoluments to the Receiver the Court that the Fruit might be all its own Prohibited the Bishops from receiving such Renouncings and reserved that the Pope of Rome only was able to do it N. 191. And because many Beneficed men when they felt themselves near unto Death made themselves a Successor by such a way 't was Ordained by a Rule of Chancery that the Renouncing made in favour of another by a sick Beneficed man should not be of value unless the Renouncer Survived twenty dayes after Consent granted In these times the Fountain of the Oblations of the Faithful seemed to be drained or lessened already while the War of the Holy Land lasted and afterwards for some years whilst there was hopes that it might be renew'd through which means much Gold came unto the Ecclesiastical Order but all hopes being lost the Oblations were stopt Nevertheless Example was taken by this work and the giving Indulgences Remissions and Concessions introduced for those who would lay hold on and Contribute thereunto by some good and Pious work for daily there were new works Instituted for each City N. 192. for which Indulgence was granted from Rome this brought forth much Fruit to the Clerical Order and to the Court which did partake of it and this went so far that in the year 1517 there sprang up in Germany the Novelty which every one knows Helping hand Pope Pius the 5th Provided for our Age by a Constitution whereby he Annull'd all the Indulgences granted by the Clause of Helping-hands that is with Obligation to offer Money a thing which hath not yet stopt the Course of this Harvest For although Indulgences are now given without that Condition nevertheless in Churches are set forth Chests and Trunks and the People believe no Pardon to be Obtained unless they Offer But returning to these years of the Schism for what Concerns the gaining or acquiring of new Incomes and setled Estates for the Churches the hope seem'd to be quite lost The Monks already had no more Credit of Holyness the Fervency of the Sacred Militia not only Luke-warm but Extinct The Fryars Mendicants for all were instituted after the year 1200 had therefore Credit N. 193. because they had totally devested themselves of the Power of Purchasing Estates and made a vow to live upon Oblations only and Alms whereby it appeared that the Augmentation of setled Estates would Cease but a good way was found out which was the granting to the Mendicant Fryars by a Priviledge from the Apostolick See to be able to purchase Estates which by Vow and by Institution was Forbidden them many of their devout Persons were most ready to Enrich them there wanted nothing but the manner how this found out immediately the Convents of Mendicants in Italy Spain and other Kingdoms were become very Commodious in Estates within a short time France only Opposed this Novelty saying that as they were come into the Kingdom with those Institutions of Poverty it behooved they should persevere in the same neither would they suffer them hitherto to
take Effect the Person Beneficyed might return to the first without more ado and this was called the Regress Regress In like manner to this there was invented the granting a Faculty to the Resignant that when-ever the Resignatory should dye or Renounce the Title he might without more ado return to the Resigned Benefice and by his own Authority take Possession anew and make it his own as if he had never renounced it and if he should not have taken to himself the first Possession of the Renouncement in which case the Regress cannot take place he may by Access N. 201. and by Ingress take Possession likewise by his own Authority without any other Ministry of the Judge and this is called a Regress Therefore the receiving and the admitting the Renouncements upon these Conditions and therewith to give Title to the Resignatory hath never been permitted by the Pope of Rome to others but hath reserved it to himself only This Method was Condemned by all the Writers chiefly by the Vniversity of France and Prohibited by the Parliament neither could it be covered with any fair Pretext of Antiquity wherefore there were some who made a Conscience and were ashamed to use it for whose satisfaction there was found out another of an Antient Original but according to Custom fitted for the present Occasions Coadjutors This was the Coadjutory a most Antient and a most Commendable Custom there was in the Churches that when any Minister or Prelate or other became unable or less fit to perform his Charge through old Age or by Infirmity of Mind or of Body or for other Cause he took to himself N. 202. or the Superior gave him an Assistant who together with him might bear the Burden but he had nothing to do with the Office or Benefice but whilst he lived whose Coadjutor he was who being Dead a new Titular one was made This Provision was alwayes Commended and never was any Opposition made against it Afterwards 't was Considered that if it were Ordered that the Coadjutor might Succeed a greater Benefit would arise First he would be more diligent in managing a thing which was to be his own others would love him and would repute him more as their own than another upon which the Coadjutor was made with a Succession to come a thing which had Defenders and Opposers 'T was Opposed by saying that every Succession in Ecclesiastical Benefices is Condemnable it offers Occasion of procuring or desiring another mans Death 'T was defended with the Famous Example of St. Augustin who by Valerius his Predecessor was made Coadjutor with future Succession N. 203. which Example serves not very well because St. Augustin himself blames it afterwards and would not follow it and was not ashamed to say that it was done by him and by his Predecessor out of Ignorance But in the times we speak of they not only gave Coadjutors with future Succession unto Prelates and to others which have Administration but also in single Benefices where is no need of being Assisted so that the Coadjutor retains only the Name there being nothing Real but the future Succession which is a thing so abhorred by the Canons 'T was practized or used in these times that whatsoever Beneficyary who would make himself a Successor indifferently according to his different pleasure or make a Coadjutor with a future Succession or resign in his favour reserving to himself the Fruits and with Regress but yet this was Reserved to the Pope only and in no wise granted to other Collators The Councel of Basile was received in Germany by some and by others not and therefore Beneficyal Causes were differently understood N. 204. To provide against the Diversities and Dissentions 't was agreed in the year 1448 between Nicolas the 5th and Frederick the Emperor in this manner that Benefices Vacant in Curia should be reserved to the Pope and for the Remainder of the Elective Benefices they should proceed by Election As for others those Vacant in six Months should be the Popes in the other six they should be distributed by the Ordinary Collators adding also that if the Pope had not in the term of three Months Conferr'd those which belonged to him the Collation should devolve to the Ordinaries The Agreement was received throughout all Germany and until the year 1518 some Diocesses observed the Councel of Basile which annull'd all Reservations But in Progress of time those also who received the Agreement at the beginning forbore to observe it afterwards and excused themselves saying that the Agreement was not generally received and hath lost its force through disuse so that we treat not of those Cities where the Bishops and Chapters are departed from the Roman Church but also in the Churches which remain under Obedience little or nothing was observed Clement the 7th in the year 1534 made a severe Bull N. 205. but it took but little Effect In the year 1576 Gregory the 8th made another without better Success In the Diet at Ratisbone Anno. 1594 1576. Cardinal Mudrutius a Legate of Pope Clement the 8th made a great Querimony about this in the name of the Pope no Fruit appeared At present there remains the same variety and Confusion The Romon Court hath but two Remedies only one by the means of the Confessions of Jesuits which work by terms of Conscience that Beneficyaries provided by Ordinaries are Content to take the Bulls from Rome and some do it the other Remedy used by the Court but in Benefices of Importance and with Persons partly depending on them is that an Election or a Collation being made contrary to the Agreement the Court annull's it but afterwards Confer's it on the same Person N. 206. a Remedy much used heretofore upon other occasions also not because it helps at that very time but because keeping those Writings they make use of them in Succeeding times to shew that they had Obedience as so many other Decretals which took no Effect are nevertheless in the Decretal Books for the same design In France the Pragmatica was rigidly contested by Pius the 2d which the French Clergy and the Vniversity of Paris opposed Constantly wherefore the Pope turned himself unto Lewis the 11th shewing him how it was unseemly to him that in his Kingdom they should observe the Decrees of the Councel of Basel against which he being the Royal first born departed from the Father out of distast went with Arms received Moneys from Pope Eugenius the 4th to disturb the Councel for which Reasons King Lewis Anno. 1461 Pragmatick Sanction revoked Revoked the Pragmatica and made it to cease but there following a Reclamation of the Vniversity and Remonstrances from the Parliament which are yet to be found N. 207. wherein they represented to the King the grievances of the Kingdom and of the Ecclesiastical Order with an Account made up distinctly And restored that in three years four Millions
the Councel and have left any works especially of Divinity have Maintained Residency to be de Jure Divino proceeding so far that to affirm the Contrary they esteemed it a deluding of the Holy Scripture and natural Reason it self and all Antiquity but not to provoke the Court against its self they have found out Exceptions by which the Pope may make us Dispensations The Councel spake not of Reservations chiefly Reservations which were encreased above measure because they Concerned the Popes own Person N. 214. wherefore they still remained yea they were Encreased afterwards It seemed that in taking away the Vnions and the Commendums ad Vitam the Regresses and the Coadjutorships were in a great share proceeded if not totally yet the greatest part however a speedy Remedy was found out which not only did the same but much more yea greater than the four above named Pension and that was the Pension 'T is an observation of Godly men that in those times the Court would never be induced that a gainful Abuse should be Abolished or Corrected until it had prepared a greater and a more profitable one but in this 't is very certain to be so and therefore 't is to be observed that it is not a thing of these our times only the laying a Pension upon Benefices only the manner is new and the frequency is peculiar to our times When the Church Goods were in Common the name was unheard of after the Rule or Canon practiz'd by all was made that Benefices should be Conferr'd intirely and without Diminution N. 215. After that the Clergy among themselves gave a beginning of going to Law with them when the Cause was doubtful one side yielding up his Rights if a part of the Incomes was granted him with the name of a Pension Likewise if two Beneficyaries for some good Respect with Authority of the Superior should interchange Benefices if the Incomes were not equal they patch'd up that with a Pension which the Richest left Afterwards also when any one Resigned with Licence of the Prelate Pensions a Pension was left him on which he might live There are Popes Decretals of these three sorts of Pensions which were about the year 1200. And these sorts the French admit of also by Jurisdictions refusing to admit of the others which are those that are given only to afford a livelyhood to one to another because he is well-deserving from the Apostolick See to another because he is Learned or because he is of a gentile Behaviour or because he hath served the Church or the Prelate also because he hath the Popes favour only N. 216. Also to a Youth because his Genius presages a good event or Success All these are just Causes say the Canonists why Pensions may be given and they have no Regard to add that without any Cause the Pope may give a Pension upon any Benefice to any Person he shall think fit and he that receives likewise without any Cause but out of the Popes good Will only with a safe Conscience Now therefore instead that two Cured Benefices were held one in Title the other in Commendum were Vnited ad Vitam and the Party Beneficyed was forced to allow a stipend to him that served in one of them at present 't is given to him in Title and to himself for a Pension the same which he takes and it turns to the same yea to his greater Advantage because he was Subject to give Account of the Errors which his Substitute had Committed and there was some necessity for his taking care of it but thus nothing lyes upon him and the Profit is the same In the like manner he that made a Coadjutor N. 217. or renounced with a Regress ought to take some Care of the Benefice of which he had a share and the which might become all his own but renouncing with reserving a Pension to himself he remains free from all Care and thoughts and if the Resignatory dyes or yields up it concerns him not he hath his Pension free and without Molestation Moreover 't is more Profitable to have a Pension than a Benefice first many Benefices require Holy Orders and the Age of being able to receive them as for the Pension the first shaving is sufficient and sometimes the Age of seven years Besides Pensions are given to Lay-men also as Commonly to the Knights of St. Peter Instituted by Leo the 10th and to those of St. Paul Instituted by Paul the 3d and to the Pious Knights Instituted by Pius the 4th and to those of Loreto Instituted by Sixtus the 5th which may have some 150 some 200 Crowns Pension and to whomsoever the Pope pleaseth Again of Benefices in the times when he that held more than one there was alwayes some fault found with him or they had a saying to him and a Dispensation was necessary which caused some Expences notwithstanding this the Doctors put it in doubt whether a man Secured himself in Conscience N. 218. or no. Pensions may be had to any number without Scruple and there is no Pension Incompatible A Pension may be given with Authority to transfer it to another according to ones own Will and Pleasure a thing which cannot be in Benefices without passing through the Bounds and through the Ceremonies of Renouncing and Renouncings were invalid unless the Resignatory survived twenty dayes but the Pension might be transferr'd also at the Point of Death That which chiefly Imports is that the Pension may be Extinguished which in Italian signifies to make a Sum of Money of it for every Contract made about a Benefice is accounted as Simony To extinguish a Pension signifies nothing else but to receive a quantity of Money to free the Beneficyary from paying the Pension which quantity is Taxed by Agreement according to the greater or to the lesser Age of the Pensionary Formerly before our Age N. 219. there was no way to make ready Money of a Benefice that would have been with an Infinite Offence before God and before men now 't is done Lawfully I have a Benefice of 200 Crowns I renounce it unto Antony reserving to my self a Pension of 100 which I extinguish as soon as 700 are received that is I renounce it and so have made of my Benefice 700 Crowns ready Money without sin Some are so little Penetrating that this circling about seems to them to be the same as if I should sell my Benefice for 700 Crowns but they shew a gross Judgment There are many other things wherein the Pension is much more Commodious as is used at present in Vnions in Commendums in Coadjutorships and in Regresses Some Magnifying the Commodiousness of making Money which the Pope hath for the necessities of the Apostolick See do say that if he should open the Regresses he might raise as much as he would and they shew they understand not matter of Benefices there would not be a Farthing gotten by
treating and speaking follows not that which he is inwardly sensible of The Clerks or Clergy-men are become Administrators of these Goods by Laws which have granted unto Christian Colledges the Power of acquiring Estates N. 227. both by Wills and Donations of those who have bequeathed their Goods and by the Authority which the Church hath given unto the said Clergy in the Canons therefore they are Obliged to Govern and to Dispence these Estates according to the Laws Dispositions Donations and Testamentary Dispositions and according to the Canons and that which might be done Contrary to it cannot be called otherwise than Injustice Injury and Usurpation The Canonists say that the Pope hath most full Power over the Goods and Benefices Ecclesiastical so that he may conjoyn them diminish them erect new ones give them ad nutum Confer them before they become Vacant lay upon them Servitudes Burdens and Pensions and generally that in Beneficial matters the Popes Will is in the stead of Reason or Right This Sufficeth not but they add that the Pope may alter or transform into other Works the Legacies ad Pias Causas and may alter the Disposition of Testators applying that to another which they shall have appointed for a Pious Work and it cannot be denyed that this is the Practice which hath changed all the Government and all the Antient Institutions N. 228. but it remains still in Doubt who does amiss and errs the Antient or the Modern if so much as a Doubt may happen Martin Navarr with some of the more Moderate Canonists limits this Proposition that the Pope may alter the last Wills only restraining when there is a Lawful cause of doing it which otherwise would be to deprive a man of his own and of the Power granted him by the Natural and by the Divine Law coming down also to this Particular that the Pope cannot without Cause give that to one Church which is left unto another therefore how much less unto Persons not called Navarrus saith also that the saying of the Gloss approved by the Canonists That is in Beneficyal Matters the Popes Will is instead and takes the Place of Reason is to be understood only in things which are de Jure Positivo but not in that which cannot be done without disagreeing with Natural and Divine Law And those who give no unlimited Power unto the Pope N. 229. would also exclude the Canons of the Universal Church not to fall into the Absurdity that in a Matter of such Importance the Universal Church should have erred and done amiss and that the Court should do uprightly The said Navarrus adds further that it being said in the Clementines that the Free Disposal of Benefices belongs to the Pope The word Free is or ought to be understood without Licence Leave or Consent and notwithstanding the Contradiction of any man soever but yet without Prejudice of the Third if we should admit of this Exposition as it seems Convenient to be admitted there would be seen a great Opposition to Reservations because they are Prejudicial to the Bishops in the giving of Benefices unto Strangers because it is with Prejudice to those of the Country in whose Favour the Wills are made and it would not be very favourable to the Pretension to have Power or to be able to alter the last Will and Testament being Prejudicial to the Memory of the Deceased I know well that others answer to this that all is true N. 230. when there is no Legitimate Cause but the Point is who shall be Judge of the Lawfulness of the Cause for if it belongs to himself whose Authority is to be restrained 't is as good to give him the Absolute Authority as that which is limited with a Lawful Cause unless the Law be above it Navarrus adds very Notable things saying that in our Age the Opinion of the Jurisconsults which expatiate so much the Papal Power in Beneficyal matters is in much Credit to please those who are Ambitious of many Benefices which they accept as fitted for their Ambition and Covetousness who heard a Divine say Publickly and a Famous Canonist that they would willingly accept of all the Benefices of the Kingdom if the Pope would Bestow them upon them but on the Contrary Pius Quintus told them that the Jurisconsults are wont to attribute more Power than Convenient to the Pope whereto he answered that there are some also which do not Extol but that it behooveth to walk in the middle way having Respect unto Divine and Humane Laws together N. 231. not doing like the Modern Jurisconsults who Magnifie Humane Laws so much that they answer against the Divine However I intend not to Contradict the Opinion which gives so much Power for the Reverence due to the Pope of whom is treated although it Comprehends not how it agrees with Divinity and with Reason I shall only propose some Difficulties which are wont to be Promoted by Writers on such an Opinion which when they shall have resolved truth in this matter will be most clear And first If the Pope hath such an Ample Authority who hath given it him Not Christ because the Authority given by him is only is Spiritual things for loosing and for binding that is for remitting and for retaining of Sins And then the Ecclesiastical Estates are Possessed de Jure Hamano and not Divino and for such it hath been resolved above and therefore he hath not receive this Power from God much less from the Laws of Princes from Testamentary Dispositions N. 232. nor from the Canons of the Churches because all these have given the Administration to the Clergy-men of each Church over the Estates and Benefices thereof and prescribedly also with limited Conditions that they may not be altered therefore he hath it not from these There are no other Patrons in being nor none can have Authority unless granted by these therefore it remains to be Considered from whence and by what other way it hath been given him To this Doubt a second may be added if the Pope hath this Authority what is the Cause that his Predecessors for a Thousand years and more have never Exercized any nor any Antient Doctor nor Councel nor Historian nor Father nor Canon hath so much as made mention of it It cannot be Attributed that there is a necessity for that now which was not in those times because that in the Ages that past between the years 800 and 1100 for 300 years the Disorders were so great throughout all Europe that in Comparison of those N. 233. these at present are Tollerable and indeed no Pope did so much as intrude himself into the Estates of other Churches which had great need of being Governed And after the Popes had begun to interpose themselves in some places until the time of Clement the 4th no man ever pretended to such an Ample and Absolute Power but the said Clement hath not directly published