still rais'd sometimes about the manner of treating sometimes about the matter with which to begin ... * p. 353. the Adherents of Cesar Spaniards others mov'd by the Emperour's Ambassadors desired to proceed but the Papalins he has always a fling at the Court suspecting that the end of the Imperialists was to come to the Reformation of the Court of Rome embrac'd all occasions of delay The Legate says he was thought to feign himself sick but Soave I presume did not think so himself because he tells us in the very next page that he died soon after at Verona which was no good proof of his dissimulation But let us go on with his story * ibid. The first of April the Elector of Saxony besieg'd Ausburg which did render it self the third day the sixth news came thereof to Trent that all Tirol did arm meant to go to Inspruc ... Therefore many of the Italian Bishops embark'd went down the river Adice to go to Verona and the Protestan's determin'd to depart See here the true cause of their departure and tell me no more of their being either denied audience or liberty of disputing XIII The place was not secure A. Very true it was far from being secure for the Catholicks The Protestant Army forced them to suspend the Council April 28. Neither was it any wonder that they were so much afraid of their victorious arms Soave says * p 355. The Emperour was forced to fly by night with all his Court from Inspruc to wander in the mountains of Trent and that a few hours after Maurice arrived there the same night made himself Lord of the Emperour's baggage Consider here on the one side how littie reason the Protestants have to complain of the choice of this place 1. it was nigher the Protestants of Germany than the Catholicks of Spain France 2. the Pope's forces had no access thither 't was in the Emperour's power 3. the appearance only of the Protestant Army was enough to fright away the Council On the other sid you see how justly the Pope refus'd to call a Council in any City of Germany for fear of the Protestant arms As for the Canon Ut illic lites terminentur ubi exortae sunt 't is understood of those causes where some fact is to be prov'd by witnesses that live upon the place XIV The Council was not free It was call'd by the Pope And nothing could be determin'd till the Pope sent his instructions from Rome A If any man have a right to convocate the supreme Ecclesiastical Assembly 't is certainly He who has from God the supreme Ecclesiastical power upon earth and this right of calling it appertains as manifestly to the Pope as the convocation of a Provincial Council belongs to the Metropolitan Moreover Scave says the Princes in the Diet of Noremberg desired * p 31. that by the Pope with consent of the Emperour a free Council should be intimated as soon as was possible he says the Emperour sent Letters to the Diet of Spira that * p. 34. he was resolved to pass into Italy and to Rome to treat with the Pope for the calling of a Council and afterwards under Pius IV. he says * p. 304. all Princes had agreed in demanding it As to the Second part of your objection 'T is certain that if it had stood with the Pope's conveniency He ought to have been present In his absence 't was necessary for the Legates representing his person to receive frequent directions from him that they might the better supply the want of his presence If for this reason it was lawfull to give them instructions before the Council began why not afterwards as long as the Council was sitting In fine whatsoever advice came from Rome Nothing in matter of Doctrine was determin'd which any considerable part resisted Soave himself confesses * 538. that it was a general Maxim in this Council that to establish a Decree of Reformation a major part of voices was sufficient but that a Decree of Faith could not be made if a considerable part did contradict XV. Many of the Bishops were Pensioners to the Pope A. Soave acknowledges that several * p. 116. of the Bishops moved by poverty made grievous complaints threatned that they would depart If therefore the Pope maintain'd some of them it was a great charity done by him a good example to Princes a thing which formerly used to be done by the Emperours 2. Secular Princes had more money than the Pope and if it had been the policy of his Holiness they might easily have countermin'd it 3. All the Popes in their Bulls of Convocation desired exhorted all Secular Princes to send as many of their Bishops as possibly they could 4. His Pensioners were not necessary for him at least in the Protestant Controversies therefore this is no excuse for the Reformation XVI In some Sessions under Paul and Julius there were scarce any besides Italians A. 1. The Council being drawn out from 1545. till 1563. actually sitting for about four years it cannot be rationally expected that any great frequency of Bishops should be continually present 2. The disorders caused by the Calvinists in France and by the Lutherans in Germany required their Bishops residence to secure Catholick Religion at home otherwise they would not have been absent from the Synod 3. The dissentions that hapned betwixt the Pope the Emperour King of France and the civil wars betwixt Catholicks Protestants hindred the Bishops sometimes of one Nation sometimes of another from attending the Council 4. All this was fully recompenc'd in the third last Convocation of the Council under Pius IV. XVII In the end of the Council we find 187. Italian Bishops and all the rest make only 83. A. 1. All these Italians were not of the Pope's Territory but a great many of them subject to the Emperour the King of Spain the Duke of Florence the State of Venice In several matters they had different instructions adhered to their divers interests even in opposition to the Pope when the Ambassadors of their Princes craved their assistance Soave tells us * p. 522. it was publichly said by the Papalins so he is pleas'd to call them that France had ever pretended to limit the Popo's power subject it to the Canous and that this opinion would be follow'd by many Italians who because they cannot or know not how to make use of the preferments of the Court do envy those that do besides those who are desirous of novity they know not why of whom there seem'd to be a considerable number 2. 'T is no great matter as to our present purpose whether the Pope had all the Italian suffrages at his beck or no because 't is certain he had no need at all of any such assistance in deciding the Protestant controversies in which the
were not instituted by Christ or had not authority from him For the Pope himself is created by the Cardinals and yet hath his authority from Christ So the Bishops receive the Diocess from the Pope authority from Christ Their Superiority over Priests he prov'd to be jure divino by authority of many Fathers who say that Bishops succeed the Apostles Priests the seventy two Disciples Antony Grossetus insisted upon the same point * p. 559. He said it was necessary to declare that Bishops have not commission for their Office from men for so they would be Hirelings to whom the Lambs do not belong because the man who had committed the care unto them being satisfied they had no more to think on .... In the end he excused himself that he had spoken without premeditation ... not remembring that that point was forbidden to be spoke of Here it is that Soave would make us believe that Grossetus fear'd some bad encounter but I am sure if any bad encounter had ever hapned to him upon this account Soave would have taken care to let us know it Have but a little patience to observe how freely boldly the Bishops deliver'd their opinions in the following Congregations and then I 'l give you leave to tell me if you can what bad encounter they fear'd The Archbishop of Granata said * p. 565. They must needs declare both these two points that is that Bishops are instituted jure divino and are jure divino superior to Priests And he confirm'd his opinion at large with many reasons arguments authorities ... He cited Pope Eleutherius who in an epistle to the Bishops of France wrote that Christ had committed the Church Universal to them He added that Ambrose upon the Epistle to the Corinthians saith that the Bishop holdeth the place of Christ is Vicar of the Lord ... that there are extant Epistles of Cyprian to Fabianus Cornelius Lucius and Stephanus Popes where he giveth them the title of Brothers and of Austin written in his own name of the Bishops of Africa in which the Popes Innocentius and Bonifacius are likewise call'd Brothers which is most plain not only in the Epistles of those two Saints but of many others the Pope is call'd Colleague ... that it is against the nature of a Colledge to consist of persons of divers kinds ... In this Colledg of Bishops the Pope is Head but for edification only ... that S. Gregory saith in his epistle to Johannes Syracusanus that when a Bishop is in a fault he is subject to the Apostolick See but otherwise all are equal by reason of humility which Christian Humility is never separated from the Truth He inveigh'd against those Theologues who said that S. Peter had ordain'd the other Apostles Bishops ... * p. 566. He jested at those Divines who had said that all the Apostles were instituted by Christ and made equal in authority but that it was personal in them ought not to pass to their Successors except that of S. Peter asking them as if they had been present with what ground authority or reason they were induced to make such a bold affirmation invented within these fifty years only expressly contrary to the Scripture in which Christ said to all the Apostles I will be with you untill the end of the world which words because they cannot be expounded of their particular persons only must be necessarily understood of the succession of all * p. 567. The Archbishop of Braga prov'd at large the Institution of Bishops de jure divino He said that the Pope cannot take from Bishops the Authority given them in their consecration which doth contain in it the power not only of Order but of Jurisdiction ... that to Titular Bishops a City is allotted which would not be necessary if the Episcopal Order could subsist without Jurisdiction He was follow'd by the Bishops of Segovia of Segna others who spoke as boldy as himself not fearing any bad encounter and Soave says * p. 569. almost the half were of that opinion Afterwards * p. 577 to quench the boyling heat of the controversy about the Institution of Bishops that it might not increase by means of so many who were prepar'd to contradict Laynez they would not hold any Congregation for many days And yet they were so far from fearing any bad encounter that almost every day * p 578 three or four of them joyn'd together went to some of the Legates to renew the instance And one day the Bishop of Guadice with four others told them among other things that * ibid. as a Prince dos institute in a City a Judge of the first instance a Judge of Appeal who though he be superior yet cannot take authority from the other nor usurp the causes belonging to him so Christ in the Church hath instituted all Bishops the Pope superior in whom the Supreme Ecclesiastical Jurisdiction was yet so that others had theirs depending on Christ alone After all this the Bishop of Segovia when the Prelates met again in Congregation argued * p. 582. that it was decided in the Congregations under Julius III. that Bishops are instituted jure divino though it was not publisht in Session by reason of the suddain dissolution of the Council ... The Cardinal of Mantua caused the Acts of that time to be search'd that to be read by the Secretary which was then defined to be published ... Three Heads of Doctrine were then composed and in the third which was of Hierarchy it was said The Holy Synod doth teach that those are not to be hearkned unto who say that Bishops are not inslituted sure divino it appearing manifestly by the words of the Ghospel that Christ our Lord hath himself call'd the Apostles promoted them to the degree of Apostleship into whose place the Bishops are subrogated neither ought we to think that this so eminent necessary a Degree hath been brought into the Church by human institution There were also eight Canons the last whereof said thus He that shall say that Bishops are not instituted Jure divino or are not Superior to Priests or have not power to ordain or that this doth belong to Priests Let him be Anathema This the Cardinal of Mantua interpreted only of the power of Order the Bishop of Segovia understood it of All which containeth Order Jurisdiction and though he answer'd reverently in appearance there past so many replies that they were forced to break up the Congregation When the Cardinal of Lorain came to Trent he told the Cardinal of Mantua he * p 583. would not be curious in unprofitable questions that for his own part he was more inclined to the opinion which doth affirm the Institution of Bishops the Obligation of Residence to be de jure divino but though it were certainly true he saw no necessity
Though it was very inconsiderable in its issue conclusion it was General in its convocation design It imitated the Council of Constance in assuming the Title of Representing the Universal Church And by vertue of the supreme Ecclesiastical Power implied in that Title They commanded All Governours Ecclesiastical Secular to prosecute the Laws against the followers of Huss Wickliff revoking forbidding all priviledges immunities exemptions Safe-conducts whatsoever Privilegiis Exemptionibus Immunitatibus SALVIS CONDUCTIBUS a quibuscumque Personis Ecclesiasticis vel Secularibus etiamsi Pontificali Imperiali Regali aut Ducali aut aliâ quâcumque Ecclesiasticâ vel Seculari praesulgeant dignitate concessis vel concedendis NON OBSTANTIBUS QUIBUSCUNQUE You may look upon this Persecuting Decree as a severe thing blame it if you please upon that account But you cannot justly blame the Doctrine upon which 't is grounded it being the very same with that of the Council of Constance If you ask me Why then dos the Council of Trent insert this clause in the end of the Safe-conduct that * p 348. the Synod shall not use or suffer any to use any authority power right statute or priviledg of laws canons or Councils ESPECIALLY that of Constance of Sienna which things in this behalf for this time the Council doth disallow Why dos it disallow these Statutes if they were fair just A. It dos not disallow them absolutely but only conditionally that is IF they contain any doctrine contrary to the Security of Publick Faith. The reason of this proceeding was because among the Protestants there were a great many who had an ill opinion of these Decrees and were very jealous of them 'T was more easy for the Council to protest that whatsoever they were they should not prejudice the Safe-conduct than it was to perswade them that the Decrees were innocent It was the charitable design of the Council to use all condescension possible and give such an extraordinary Safe-conduct as might prevent all jealousies take away all excuses And here it is that the Synod might justly say what the Pope said upon other occasion They * p. 408. humbled themselves to Heresy in regard that whatsoever was done to gain souls to Christ did become that Council If you have a mind to see a great deal more of this charitable condescension towards them read Soave's History where he tells you how the Council having granted them a Safe-conduct in the 13. Session they excepted against it demanded another of a more ample form which was soon after granted publish'd in the 15. Session Jan. 25. 1552. Observe how Soave relates it * p. 343. The Emperour's Ambassadors desired to have the draught of it before it was publish'd to shew it the Protestants that if it did not give them satisfaction it might be so amended that they might not have an occasion to refuse it as they did the other Afterwards the Emperour's Ambassadors call'd the Protestants to them the Ambassador Pictavius exhorted them to give some little part of satisfaction to the Council as they receiv'd much from it told them that it was concluded to receive their Mandates Persons and to hear their Propositions and to defer the conclusion of the points of Doctrine though already discuss'd digested to expect the Divines and hear them first that they have a very ample Safe-conduct as they desired ... that it was necessary to yield something to the time not to desire all at once that when they shall be entred into the business occasion will make them obtain many things which before seem'd hard ... that they themselves the Emperour's Ambassadors have matters to propose of great moment and do stand only expecting that the Protestants should begin that afterwards they themselves may come forth also For this cause he prayed them to proceed slowly in their demand that the Pope should submit himself to the Council For the Fathers do know that there is something to be amended in the Papal greatness but withall that they must go on cunningly that they themselves have dayly experience what dexterity art must be used in treating with the Pope's Ministers Therefore let their Divines come who should have a convenient audience in all things and when they shall see themselves wrong'd it shall ever be free for them to depart The Protestants retiring considering the draught of the Safe-conduct were not content They required four things more 1. a decisive voice 2. that the Scripture interpreters conformable to it should be Judges 3. that they might exercise their religion in their own houses 4. that nothing should be done in contempt of their doctrine * p. 349. The Imperialists perswaded them to go on with dexterity saying as before that with time they should obtain all but seeking things distastfull before there was opportunity every thing would be more hard that the 3. article was understood to be granted because it was not forbid that the 4. was plainly express'd because good usage was promis'd Ambassador Toledo had told them * p. 344. that the chief importance was in the Security of coming departing that the residue appertain'd to the manner of their Negotiation which might more easily be concluded by the presence of the Divines that it was too much obstinacy to yield in nothing to desire to give laws to the whole Church After all this * p. 352. the Protestants receiv'd the Safe-conduct but with protestation that they did it only to send it to their Princes Would not any body think these men were very hard to please XII When some of the Protestants came to Trent they were denied audience liberty of disputing A. Neither the one nor the other was denied them T is true they were not heard but whose fault was that It was because the victorious Army of the Protestants made the Bishops run away from Trent before the preliminaries of the Treaty could be well agreed upon They came about the middle of March departed in the beginning of April Have but a little patience to hear Soave tell the story and you will presently see that this objection is a meer calumny * ibid. The Electors of Mentz and Collen departed the eleventh of March .... four Divines of Wittenberg and two of Argentina came to Trent afterwards desired to begin the Conference The Legat answer'd that the nineteenth of March being a day appointed for the Session they would then consider about a form how to treat Was this denying audience Afterwards a resolution was taken to prolong the Session till the first of May. This was some Delay indeed little enough to deliberate upon the preliminaries of so unusual a Treaty but however it was no Denial Mean time * p. 352. the Protestants often desir'd the Action should begin it seems they were in great hast but difficulty was