unto him And on the other side they set down this maxime That it is not lawfull for the Pope to take any thing for the use of the power of the Keyes which Christ hath committed unto him seeing Christ hath commanded Freely ye have received freely give They set downe many other heads of reformation like these which were never provided for As for example the abuses committed at Rome in the granting of benefices and Ecclesiasticall dignities by dispensations indulgences exemptions reversions commendams c. which are all derogatory to the Canoâ—s of the Church And yet these deputies composed these Articles of reformation after the Pope had charged them by oath to tell him the truth upon paine of excommunication as they themselves testifie in the same Act. CHAP. II. Generall complaints touching the reformation of the Head AFter the proposall of these demands I will now shew you two things First that the Councell never touched upon most of them and therefore there was a plaine denyall of justice Next that they are no new demands being they were made and repeated divers times in divers ages and by divers men to which we shall adde the severall complaints that have hereupon beene made by many good men for the most part of the Clergy The very same demands were also for the most part made by the Protestants and the rest that had relinquished their obedience to the Pope But I will not speake a word of that as I protest also that I will not use reasons of divinity to justifie them nor authority of Fathers but very seldome 2 The first and principall and that upon which many others depend which we shall onely handle not medling with the rest is the reformation of the Head that is the Pope of Rome which was required by the Emperour Sigismond and that in termes very respective heare his owne words First that the supreme Bishop would be intreated to condescend that there might bee some reformation in himselfe and the Court of Rome Conformable whereunto was the King of France his demand for hee required in expresse termes that the abuses of the Court of Rome might be reformed with proffer of reforming those of his owne kingdome besides his Ambassadours had an expresse Mandamus to adhere unto such as should desire any reformation Pope Adrian the sixth had professed also that it was very necessary in regard of the great abuses and corruptions of that See The Deputies of Pope Paul the third make all the abuses and maladies in the Church to be derived from thence Those enormities which were required to be reformed were the cause of all the schismeâ— and divisions in those times for thence grew the first originall of complaining that was it that caused this Councell to be so desired and sought after 3 Yet for all that the Fathers of that Councell would never touch upon it so much as with the tip of their finger This is plaine from all the Acts and Decrees of it as also from the oration which Pius the fourth made in the Consistory upon the confirmation of the Decrees of that Councell Wee heartily thanke the Fathers saith he that in matters concerning the correction of Ecclesiasticall discipline and reformation of manners they had so much respect unto our authority and were so moderate on our behalfe that if wee our selves would have beene our own reformers in what concernes us and not have left all to the Fathers we should have beene more severe against our selves Adding afterwards If theâ— Fathers for reasons best knowne to them have omitted any thing or beene too timorous we are ready to releeve their modesty and supply the rest as being left to our judgement See here faire promises but we yet expect the performance of them We will here adde by way of commentary that which Claudius Espenseus a Sorbâ—n Doctour and a witnesse above all exception hath written hereupon 4 Wherefore saith he that Councell so much desired by all men interrupted for tenne whole yâ—eres at last obtained of Pius the fourth resumed again at Trent and there assembled the third time although all was by the Pope referred to the Fathers yet it sâ— forbore the purging of the Court of Rome that even in all that it prescribed to inferiours touching the reformation of manners and Ecclesiasticall discipline it protested that the authority of the See Apostolique stood safe and sound in the 21. Canon of the ninth and last Session In so much that the same Pius no lesse pious than sensible hereof did heartily thanke the Trent Fathers in an Oration which he delivered publikely at Rome in his Consistory of Cardinals who were there assembled in great numbers that they had such a speciaâ—l regard of his authority in the Ecclesiasticall reformation and had used him so gently that if he should have undertaken to reforme both himselfe and thâ—se about him he should have beene more severe What remaines then but that he refuse not the authority of a reforming Councell and that he supply what the Fathers for certaine reasons did oâ—â—it and that wherein they were over timorous it being left to his discretion as he promised to doe in that Oration For if it was as truly as freely spoken by Pope Adrian that the corruption of manners now reigning is derived from the head to the body of the Church it is requisite that his successour Pius sâ—â—â—e his Sanctuary and beginne at his owne house He sees well enough to what plight the Church of the holy Apostles yea the whole Church of Christ is brought by the base gaine and filthy avarice of some of his predecessors who sought that which was their own and not that which was Christs how many men are gone away from it within these few yeeres in so much that it is to be feared there will more goe yet if hee doe not now at last apply some remedy after much delay of salving those sores wherewith the Church is oppressed which delay the longer it is the more chargeable it will be The principall cause of these so long stirres is because for so many yeeres nothing is altered nothing amended and that which cuts off all hope of reformation is that they would see a reformation in all the rest of the body of the Church who have suffered for so many hundred yeeres together that City wherein they have both meere and mixt power and jurisdiction to bee the most deformed of all For what excuse can they alledge or what can they invent either true or likely they to whom neither King nor Emperour people nor Clergy not a Generall Councell no nor the whole Church must say so much as Why doe you so What pretence I say can they have for delaying so long to reforme them and theirs For where shall wee finde under the Sunne greater licentiousnesse in all evill greater outcries greater impunity I had almost said infamy and impudence Without doubt such and so great it
kept and the fault is put upon the Prince of Mantua Is not this to gull the world the Prince of Mantua wrongs no body if he will not abandon his City to so great a multitude without a garrison but all the blame should be laid upon the Pope who doth not as yet goe roundly about the busiâ—esse but is ever a playing trickes and treacheries If he remove the Councell to another place he must take a City that belongs to some of his feudatary Princes or else one of his owne for he hath a goodly patrimony with many faire Cities gotten by his predecessors either by force or knavery and now kept by him by the bad title of coven and fraud Now seeing that almost every man of judgement doth despaire of ever seeing a true Councell hee thinkes it most fitting that every Magistrate reforme religion amongst his owne people If the Pope plead custome that will not serve the turne for as Saint Cyprian saith Custome without truth is but an inveterate and grounded errour Therefore this is his advice and this he thinkes the best course but if any know a better he will readily embrace it 6 Now the King of England never deserted these protestations and declarations much lesse the Protestants nay they repeated them divers times after and amongst the rest at an assembly at Wormes holden 1545. and another a Naumburg the yeere 1561 where an answer was given to the same effect to Pope Pius the fourth his Legats who came thither to summon them to appeare at the Councell 7 There were yet some other Protestations made against the Councell on the behalfe of our Kings Henry the second protested against the Pope and the Councell in the yeere 1551 saying amongst other things That the publication of it which was made regarded not the good of the Church Catholique but the commodity of some particulars That it seemed the Pope would exclude him from it That the beginning progresse and issue of his Holinesse designes did intimate as much That being imployed in the warre which hee had raised up against him he could not send the Bishops of his Kingdome thither seeing they could not have safe and free accesse and that neither he nor the people of France nor the Prelats and Ministers of the Gallicane Church will be bound to it hereafter 8 King Charles the ninth upon notice that all things went amisse in the Councell and that the demands of the Kings and Princes Catholique were not satisfied that the reformation was not applyed to such things as stood in need of it and were required to be reformed yea more that they intrenched upon the liberties of the Church of Franceâ— and the rights of the Kingdome caused protestation to be made by his Ambassadours against the same Councell as appeares by the Oration made by M. Arnald de Ferriers the 22. of September 1563. where amongst other things after he hath laid downe many grievances he saith that according to the command of the most Christian King they were constrained Concilio intercedere ut nunc intercedebant to interpose in the Councell as they interposed Whereupon it is storied that a certaine Prelate of the Councell not well understanding the propriety of the word intercedere which the Tribunes were wont to use of old when they made their oppositions and hindrances asked his neighbour Pro quâ— orat Rex Christianissimus What doth the most Christian King intercede for 9 But say the Pope and the rest that joyned in judgement with him were not to blame say they were competent Iudges such as could not be refused say the proceedings were lawfull yet still it was a juâ—gâ—ment and sentence passed upon men in their absence so that the doore is open to all those that wil enter their plaint they may justly demand to beginne anew and that things be reduced to their first state A repeal may be had against a sentence given in case of contumacy onely paying the charges But for them I thinke the Pope that boâ—e them will never aske them againe and if hee should it is a question whether his demand were good or no for who bid him be at the charges he was not bound to it it is a liberality which he was willing to undergoe to shew his magnificence and in case he might redemand them hee must commence his action either against those whom he defrayed or against the Emperour who was anciently used to pay them and not against those who do now desire to justifie themselves seeing that according to the Decrees of Constancâ— and Basil Generall Councels should be holden every ten yeeres 10 Let us proceed further and see if they could have any good grounds to demand that a second judgement might be had supposing they had appeared at the Councell and had audience there For this may be questioned in regard of the King of France who complaines now how hee was wronged in his rights and yet he had his Ambassadours resident at the Councell We say hee is nere the worse for all that considering that divers protestations were made against the Councell on both sides This we shall prove by some examples 11 We reade how the Donatists were many times condemned and that by many how the Emperour Constantine the Great yea the whole Church and the great Doctors of those times bore with them in their reciduations without ever troubling them with writs of rejection of their cause and other such shackles of law-formes They were first sentenced by Pope Miltiades and his Councell at Rome from which they appealing their cause was afterward examined at the Councell of Arles the Emperour Constantine the Great tooke the paines to heare them himselfe and yet after all this under the Emperour Honorius and by his command there was a generall conference of all the Bishops Catholiques and Donatists at Carthage in Africa Where it is to bee observed that the Catholiques desired that Conference so saith St. Austin who was one of the disputants The Emperours commission being read it was declared how the Catholiques had demanded the conference and that it was granted unto them 12 It is well knowne how many Councels were called and kept to convince the Arrians the first that was holden against them might have sufficed namely that of Nice considering the â—ame and worth of it and yet there was another Generall Councel holden at Sardis where the Emperours suffered them to dispute anew all that had been controverted and canvassed and especially of that holy faith and the integrity of that truth which they had violated so say the Fathers of that very Councell in a letter of theirs to Pope Iulius And after that there were yet two others called both at one time one at Ariminum of the Westerne Bishops the other at Seleucia of the Easterne where howbeit the Catholique Bishops were more in number than the Arrians yet they suffered themselves to be supplanted chiefly
Chap. II. p. 260. 1 OF Fraternities how devoted 2 How dangeroâ—â— to the State 3,4,5 Of the Fraternity of the Chaplet or the Order of Penitents 6 Of the sect of Flagellants 7 8 Their originall and orders 10 Gersons booke against them Chap. III. p. 265. 1 DIspensations abused by the Pope 2 Hee takes upon him to dispense with the Lawes of God and man 3 Complaints made hereupon by the Catholiques in Germany 6 By Saint Bernard 7 By the Parliament of England 9 By the Councell of Constance 10 By Iohn Gerson 11 By the deputies of Pope Paul 12 Reformation demanded at the Trent Councell 13 Which medled with them onely in three cases 14 And that as good as nothing 15 And contrary to the liberties of France Chap. IV. p. 269. 1 OF unions of Benefices both reall and personall Which the Councell leaves to the Popes disposall 2 Which of right belongs to the Bishops of the Dioceses with consent of the patrons 3 Vpon reasonable cause 4 5 6 Otherwise they have and may be disanull'd nothwithstanding any prescription 7 Contrary to the Councell of Trent which allowes prescription in some and the Popes pleasure in all Chap. V. p. 271. 1 OF the residence of Bishops Which the Councell leaves to the Popes approbation To the prejudice of Princes and Metropolitans 3 To whom it belongs to approve the causes of their absence 2 How Popes by this meanes deprivâ— Princes of their best servants 4,5,6 For Kings to approve of non-residence was the practice of France before this Councell 8 And the law since Chap. VI. p. 273. 1 BY this Councell of Trent there can be no more Gâ—nerall Counâ—els but when the Pope pleaseth 2 Which takes away all hope of reformation 3 And is contrary to the Decrees of former Councels 4 The benefits proceeding from the frequency of Councels 5 They bridle the Popes power And therefore they decline them Chap. VII p. 275. 1 OF Iesuites Their Order confirm'd by this Councell 2 Their speciall vow of obedience to the Pope 3 Their deifying of him 4 They are the Popes Ianizaries and Emissaries in the State 5 Slaves to the Pope and therefore nâ— good subjects to their Prince 6 Their doctrine that Kings may be deposed 7 And of excommunicate killed 8,9 That heretiques are to bee put to death 17 Iesuites pernicious to the State therefore once banished out of France Chap. VIII p. 280. 1,2,3 THat this Councell in effect gives the election nomination and investiture in all Abbeyes and Bishopriques to the Pope 4 How this is prejudiciall to Princes 6 How elections were anciently made by the Clergie and people 7 Sometimes by the Pope Yet still by a power derived from Emperors and Princes 8,9 Proved out of the Canon law Popes anciently elected by the Emperour 13 14 This prerogative not renounced by the Emperour Lewes nor Henry 15 16 But practised by Emperours and allowed by Popes till Grâ—gory the sâ—venth 18 And then taken from them by usurpation Chap. IX p. 285. 1 THe election and investiture of Patriarchs and other Bishops belonged to the Emperours 2 3 In which the Popes had nothing to doe but by commission from them 10 Till Gregory the sevenths time who first usurped this power Which was afterwards the occasion of many quarrels betwixt Emperors and Popes 11,12 c. As betwixt Henry and Paschal about investitures 16 The Emperors renuâ—â—iation invalid 17 Because compell'd 18 And does not binde his successors 19 Who redemanded their right 20 The Councels that condemn'd Investitures for heresies censur'd 21 22 And Ivo for defending them 23 Who contradicts himselfe 24 The Emperour Henry in part excused Chap. X. p. 291. 1 ELections nominations and investitures belonging to other Kings and Princes in their owne dominions As the Kings of Spaine 2,3 c. The Kings of England possessed of this right both before and since the Conquest 11 With the Popes apâ—â—â—bation 12,13 The Kings of Hungary 〈◊〉 Apulia have done the like 14,15,16 How the Kings of France have behaved themselves in this point 18,19 Their right confirm'd by Couâ—â—el 23. And testified by Civilianâ— 26 Elâ—ctours to have â—â—e Kings Conge d'â—liâ—e 27 And the elected to tâ—ke the oat◠〈◊〉 â—llegeance â—8 29 That the Kings of France retâ—â—ne the â—omiâ—â—tion and the Popes have got the confirmation of Bishopâ—â— 30 Which râ—â—ders them obnoxiâ—â—a to the Popes and carâ—lâ—sse of their Prince 31,32 c. Examples tâ—â—â—eof in Englâ—â—d and Franceâ— BOOK VI. Chap. I. p. 299. 1 ALL jurisdiction in all causes and over all persons belongs originally to Secular Princes 2 This Councell exempts Bishops and even in crimiâ—all causes submits them onely to the Pope 3 Contrary to right 4 5 And ancâ—ent practice 11 c. How Emperours have exercised their jurisdiction over Clergie-men sometimes by their Delegates 12 Sometimes by Councels 15 16 c. This right of Princes acknowledged by Popes 18 Established by the Imperiall lawes 19 Allowed by Councels 21,22,23 French Bishops judg'd by their Kings Sometimes with a Councell 24 Sometimes without 26 This judgement of Bishops refused by Popes 27,28 The present practices of France in such cases Chap. II. p. 306. 1 THat Bishops by this Councell are made the Popes delegates in matters of their owne ordinarie jurisdiction 2 As visitation of Monasteries 3 Providing for Sermons in peculiars 4 Assigning a stipend to Curates 6 Visiting of Clergie men 7 Assigning of distributions in Cathedrall Churches 8 And assistants to ignorant Rectors 9,10 Vniting Churches 11 Visiting exempted Churches 12 And others not exempted 14,15 Visiting of Hospitals and Schooles 16 Disposing of gifts to pious uses 17 Such delegations prejudiciall to Bishops Archbishops and Lawyers 18 Evocations of causes out of other Courts to Rome allowed by this Councell 19 The inconveniences thence ensuing Chap. III. p. 313. 1 THis Councell entrencheth upon the Secular jurisdiction by attributing seemingly to Bishops 2 But really to the Pope 3 The cognizance of many things which in the Realme of France belong to the Civill jurisdiction in some cases not wholly to the Ecclesiasticall 4 As libels 8 Sorcerers 9 Clandestine mariages 10,11 And some other matrimoniall causes 12 Right of patronage for the posâ—essory 13 Lay appropriations 15 Maintenance of Priests 17 Visitation of benefices so as to compell reparations to be made 20 Sequestration of fruits 21 Royall Notaries 22 Simple Shavelings 25 Civill causes of Clerkes 26 Adulâ—â—râ—es 29 Seisure of goods 30 Imprisonments 31 32 Appeales as from abuse abrogated by this Councell 33 Erection of Schooles 34 Building-money 35 Meanes of hospitals 36 Infeodation of Tithes 39 Taking of the accounts of Hospitals Colledges and Schooles Chap. IV. p. 32â— 1 EXemptions granted by the Pope to Churches Colledges Abbeyes c. confirmed by this Councell to the prejudice of Bishops 2 3 Many complaiâ—â— anciently made against them 4 The Popes have no power to grant them 5,6 The unlawfulnesse and abuses of them 7 Reformation hereof desired â—t the Trent
of incurring the curse of God and eternall damnation And presently after he addes Wherefore the Clergy doth most humbly beseech you that you would be pleased to ordaine that the decrees of the most sacred Councell of Trent may be generally published throughout your Dominions to be inviolably observed by them 6 Nicolas Angelier Bishop of Saint Brien made the like instance to the same King October the third 1579 in the name of the Clergy assembled at Melun Wee have saith hee earnestly desired and doe now desire more earnesty and will desire as long as we breath of God and you that the Councell of Trent may be published and the elections restored to Churches and Monasteries Which publication of the Councell is not desired by us that wee may thereby raise up you and other Catholick Princes in armes to spoile and butcher such as have stragled from the true Religion for wee desire not to reclaime and reduce them to the flock of Christ by force but by sound doctrine and the example of a good life For he we know came not into the world to destroy but to save the soules of all men for whom hee shed his precious bloud and if need so required we would not stick in imitation of him to lay downe our lives for the salvation of those poore misused soules But we desire that Councell may be published for the establishment and maintaining of a true sound entire and setled discipline which is so necessary and behoofefull for the Church 7 Iuly the seventeenth 1582 Renald of Beaune Lord Archbishop of Bourges and Primate of Aquitane delegat for the Clergy in this case spoke at Fountainbleau in this sort The whole Church Christian and Catholick assisted by the Legates and Ambassadours of the Emperour of this your kingdome and of all other Christian Kings Princes and Potentates did call assemble and celebrate the Councell of Trent where many good and wholesome constitutions usefull and necessary for the government of the Church and the house of God were ordained To which Councell all the Legats and Ambassadours did solemnly sweare in the behalfe of their masters to observe and keep and cause it to be inviolably kept by all their subjects yea even the Ambassadours of this your Kingdome solemnly tooke that oath Now it is received kept and observed by all Christian Catholick Kings and Potentates this Kingdome only excepted which hath hithertowards deferred the publication and receiving of it to the great scandall of the French nation and of the title of MOST CHRISTIAN wherewith your Majestie and your predecessors have been honoured So that under colour of some Articles touching the libertie of the Gallican Church which might bee mildly allayed by the permission of our holy father the Pope under scugge I say of this the staine and reproach of the crime of Schisme rests upon your kingdome amongst other Countries which signifies no lesse in Greeke then division and disunion a marke and signe quite contrary to Christianity and which your Majestie and your predecessors have ever abhorred and eschewed and when some difficulty was found about the receiving of some other Councells as that of Basil and others all was carried so gravely and wisely that both the honour and unity of the Church and also the rights of your crowne and dignity were maintained and preserved And this is the cause why the Clergy doth now againe most humbly desire your Majestie that you would be pleased to hearken to this publication and removing all rubs which are laid before you concerning it that you would with an honest and pious resolution make an end of all to the glory of God and the union of his Church 8 There was a Nuncio from the Pope who arrived in France in the beginning of the yeere 1583 who prosecuted this matter with a great deale of earnestnesse yet for all that he could not move Henry the third one jot who like a great statesman as he was perceived better then any other what prejudice that Councell might be unto him His majestie that now reignes was startled at that instance and afraid least that importunity should extort from him somewhat prejudiciall to France whereupon hee writ to the late King concerning it who made him this answer 9 Brother those that told you that I would cause the Councell of Trent to be published were not well informed of my intentions for I never so much as thought it Nay I know well how such publication would be prejudicall to my affaires And I am not a little jealous of the preservaton of my authoritie the priviledges of the Church of France and also of the observation of my edict of peace But it was only proposed unto me to cull out some certaine articles about Ecclesiasticall discipline for the reforming of such abuses as reigne in that State to the glory of God the edifying of my subjects and withall the discharge of my owne conscience A thing which never toucheth upon those rules which I have set downe in my edicts for the peace and tranquillitie of my Kingdome which I will have inviolably kept on both sides 10 November the nineteenth 1585 the same Bishop of Saint Brien delivered another oration in the name of the said Clergy and was their deputy whereby after he had commended the late King for his edict of Reunion and exhorted him to the execution of it and the reformation of Ecclesiasticks he addesâ— This is the reason Sir why we so earnestly desire the publication of the holy Councell of Trent And above others my selfe have a more speciall command sâ— to doe For that Councell hath not only cleeredâ— resolved and determined those doctrines of the Church Catholick which were controverted by hereticks to the end that people might not waver and suffer themselves to bee carryed away with every wind of doctrine raised by the malice and cunning of men to circumvent and eâ—tice them into errourâ— but also it hath most wisely counselled and ordained every thing which may seeme necessary for the reformation of the Church considering the exigency of these times 11 There was also another assault made upon him Oâ—tober the fourteenth 1585 by the Lord Bishop and Earle of Noyon in the name of the Clergy assembled in the Abbey of Saint German neer Paris which is more pressing than the former Wee present unto you saith he to the King a Booke which was found at the removing of the Churches treasures writ by the prudent and grave advice of the many learned and famous men assembled in the Councell of Trent guyded by the holy Ghost who with a great deale of travell paines and diligence have renewed the ancient ordinances of the Church which were most proper for our maladies and for those vices which at this present are most predominant in the State and withall have provided for those which being of no great standing amongst us had not any particular remedies assigned them The royall Priest hath put
the observation whereof was necessary for the Ecclesiasticall policy but suppressing the name of the Councell they decreed the very same things in the Parliament at Blois 1579. a plaine proofe that it was rejected by the common consent of all France Which is evidently verified by comparing the Decrees of that Councell with the Articles of this Assembly as in those places where they speake of the residence of Bishops the maintenance of Curats erection of Schooles and Schoolemasters the bringing of exempted Monasteries under the visitation of certaine congregations the age required in religious men and women before they professe the age of such as enter into holy Orders the visitation of Monasteries by Bishops the reinforcing of the cloysture of religious houses Prebends for Divines asking the banes of Matrimony before Marriage and such like Yea more in many of these points they derogate from the Decrees of the Councell and prescribe quite different from that which is there set downe The like was done before by an ordinance at Orleans set forth in the time of the Councell 1561. Whereby our Kings have showne the power they have in matters of Ecclesiasticall discipline and the sleight regard they had to that silly Conventicle 21 We will conclude then that seeing two of our Kings very zealous in their religion assisted by a Councell no way lyable to suspicion would yet never give way to this publication so often entreated desired and urged from them it must needs follow that this Councell comprehends something prejudiciall to this State considering withall that all the mitigations which are sought after now adayes were then proposed as namely that it might bee received without any prejudice to the liberties of the Gallicane Church and without ever drawing the sword against those of the Religion which are the two maine plaisters which seeme to salve up all the badnesse that is presumed to ly lurking in it It remaines now that we shew the true reasons of this refusall which we shall doe by laying downe the nullities which are both in the forme and matter of it CHAP. III. That the Pope being a party could not call the Councell nor preside in it and that there was an appeal from him 1 ANullity in the forme of this Councel is argued first from this that it was called by the Pope and that he did preside in it yea and did deferre and transferre it at his pleasure The plea hereupon is this That the Pope was a formal party that it was he was urged to a reformation and therefore it is said that he could not be judge in his owne cause and that he should have left both the one and the other to the Emperour according to the opinion of a great Doctour of the Canon law who after hee hath concluded that the calling of a Councell belongs to the Pope addes notwithstanding that in default of the Pope that right belongs to the Emperour now there can be no fairer opportunity than when the Pope is taken for a party Another Doctour saith that the defect of that power in the Church is supplyed by the Emperour And another yet that when the controversie is touching the Pope and his cause then his authority is not requisite for the calling of a Councell It is a rule of law received amongst the Canonists themselves that when the will and consent of any man is required to some act such requirall hath no place then when a point is pleaded against himselfe 2 Ludovicus Barvarus and all the States of Germany with him doe plead this nullity against the sentence and proceeding of Iohn the 22. and of his Councell The third reason saith he is because no man ought to bee judge in his owne cause and doe justice to himselfe but it is a plaine case that this said Iohn pretended to have a plenitude of power over us and our Empire even in temporall matters and did actually conspire against us and the lawes of the Empire which he attempted to usurpe and caused us to be pursued like an enemy 3 The glosse upon the Canon law saith in expresse termes that the Pope cannot bee both judge and party in any case whatsoever Hence wee collect saith it that if the Pope be at variance with any body he ought not to be judge himselfe but to chuse arbitrators Some of the Canonists have written also that when the Pope is accused of false doctrine hee hath no more power to call Councels All these reasons hold good supposing the Pope to have by right the power of calling generall Councels which yet is denyed as we shall prove more at large in another place Besides there were some appeals put up from the Pope to the Councell as is related by Sleidan in the first of his Commentaries Luther saith he being advertised by Cajetans loâ—ters that they would proceed against him at Rome he thereupon drew a neâ— appeale November the 28. and a little after being pressed and pinched with extreame necessity hee was glad to appeal from the Pope to a future Councell And also by the Archbishop of Cullen being excommunicate by Paul the third 1546 because he went about to reforme his Church contrary to the Bull set forth by Leo the tenth against Luther and his adherents appealed thereupon to the future Councell 4 Wee have discoursed in the last book saith Sleidan how the sentence of excommunication was denounced by the Pope against the Archbishop of Cullen upon the sixteenth of April who having câ—rtaine notice of it the fourth of November he put forth a book presently after wherein he gives his reasons why hee refused the Pope for his judge because hee had stood a long time accused of heresie and idolatry Wherefore hee appealed from his sentence to a lawfull Councell of Germany wherein he protested so soone as it was opened he would implead the Pope as a party and prosecute against him The Protestants as is well known did the like diverse times There was also another appeal to a future Councell put in by the Vniversity of Paris May the 27. 1517 about the repealing of the Decrees of the Councell of Basil and of the pragmatique sanction by Leo the tenth In the act of which appeal these words are inserted Wee the Rectour and the Vniversity finding our selves grieved wronged and oppressed as well for our selves as for all others subject to our Vniversity and all such as will take part with it doe appeal from our holy father the Pope ill-advisedâ— to a future Councell lawfully assembled in a safe place whither we may freely and boldly goe about the abrogation of the Councell of Basil and the pragmatick sanction lately set forth by these new decrees Notwithstanding which appeal the Pope was set over the Councell by the Fathers assembled at Trent Now it is a thing never seene nor heard of that hee
were true which the Pope alledged or no providing that in imitation of the Kings of Spaine the Clergy did not meet to determine such controversies elsewhere than in the Kings Court. On the other side he writ to Arteaga his Proctour at Rome to goe and greet the Pope with all reverence and offer unto him in his name not only the tenths of his Dioces but even all the commodity all the moveables of the Churches all the gold and silver coyned or uncoyned which could be found in the Priests coffers and the Chappels and Churches but that he should earnestly intreat him withall openly to declare his purpose and resolution concerning the preparation of the Holy Warre For he would never be a meanes to make the Spanish Clergy tributary whom hee had appeased having been already in some commotion without very just cause He injoyned his Proctour also to inquire diligently what was the determination of the Councell of Lateran concerning those tenths Arteaga having informed the Pope of these things together with Lawrence Putius and Iulius de Medicis Cardinals the Popes privado's they made him answer in this sort That the Pope had not as yet imposed any tenth upon the Clergy neither by authority of the Councell nor otherwise Nor would he impose any but in case of extremity and when his affaires did not only require but compell him so to doe according to the last Decree of the Councell of Lateran But he laid the blame upon Iohn Ruffus Archbishop of Cosenza the Popes Nuncio in Spaine who had as they said divulged these things very iudiscreetly Wherefore the Clergy of Spaine might sleep secure for ought that concerned the paying of tenths And there was besides a Bull of the Popes shewed to the Proctour which was shortly to bee published which concerned the Act of the Lateran Councell Yet Ximenius so soone as hee understood all these passages from Arteaga did not let for all that to call the Clergy together who met all at Madrid a little before hee went to Tourverte For Peter Martyr who was present at that Synod as Proctour of the Church of Granada as appeares by his epistles declares how that it was adjudged by common consent to deny that tenth which consultation was commended by the Archbishop of Toledo promising to patronize and defend it if need required It is also plaine out of the Epistles of Bembus set out under the name of Leo that this tenth was really exacted and that it was no flying rumour or opinion But as I thinke in Italy only or other of the Popes dominions CHAP. VI. Of other demandes concerning the abuses of the Court of Rome 1 COnsequently to what we have already delivered in the former Chapters concerning the greedinesse and insatiable desire of the Court of Rome we will set downe this certaine complaints and demands exhibited by the States of Germany in this behalfe The first whereof shall be against the proviso's and clauses made at Rome concerning all maner of benefices to the defeating of the Patrons both Ecclesiasticall and Lay of their right of advowson by divers subtle fetches And all this for the great wealth the Court of Rome gaines by this meanes and which is brought in thither out of all the Kingdomes and Provinces in Christendome This demand deserved to have beene well considered of yet it was not it is attended with many grievous complaints hereof made in divers ages The Statutes of our Kings speake throughly of it and amongst others that of Charles the eighth of the 18 of February 1406 the words whereof are these Some yeers agoe the Popes of Rome in despite and contempt of the Decrees of ancient Fathers and Generall Councels have brought all Ecclesiastical dignities Cathedral and Collegiate under their disposall and all others of greatest value next after Bishopriques they have granted livings in reversions upon the Vacancie to any that would sue for them which hath beene an occasion for one to thirst after the death of another They have invented abundance of tricks whereby they have utterly annihilated the power and authority of the Bishops Chapters and Colledges insomuch that there is none now that hath the power to present to a living 2 S. Bernard toucheth this abuse to the quick in his books De Consideratione which he dedicâ—tes to Pope Eugenius Never tell mee of the words of the Apostles who saith Being freeâ— I am made the servant of all The case is far otherwise with you for to my knowledge there come unto you from all parts of the world ambitious people covetous Symoniacall sacrilegious adulterous incestuous and such like monsters of men to obtaine or retaine Ecclesiasticall dignities by your Apostolique authoritie c. 3 The Bishop of Mende put up this abuse in the Councell of Vienna to bee reformed For after he had said that every Bishops jurisdiction ought to be preserved intire to himselfe he addes That Ecclesiasticall benefices which belong to the collation and disposall of Bishops are bestowed by the Sâ—e Apostolique and others even before they be void and that not only in the Court of Rome but out of it howbeit the Bishops must give an account of the cure and of those that execute them whose consciences they are utterly ignorant of in asmuch as they are none of their preferring He would never have demanded the reformation hereof unlesse the abuse had beene notorious 4 Marsilius of Padua his contemporaâ—y tels us as much The Bishops of Rome saith he reserve unto their owne power immediatly the bestowing almost of al Ecclesiastical Preferments yea even unto the meanest basest oâ—â—ices yea of such as may agree to meere Lay men for any thing that concernes Churches by meanes of which reservation they abrogate and make void all elections how legally soever they were made though of approved and sufficient men 5 The Cardinall of Cambray puts this also amongst those things which ought to be reformed in the Church It is further expedient saith he to provide against certaine grievances which are offered to other Prelates and Churches by the Church of Rome namely about bestowing of livings and election of dignities Nicholas de Clemangiis makes a very bitter complaint against it in his Book De ruina reparatione Ecclesiae where speaking of the Popes he saith They have arrogated unto themselves the right of disposing of all Churches in all places as farre as Christian Religion reacheth of all Bishopriques and dignities which are conferred by election voyding and disanulling the Decrees formerly made by the holy Fathers with so much care and commodity that so they may by this meanes fill their owne budgets the better And a little after But it may be peradventure that the Bishops of Rome tooke the creation of other Bishops and disposall of the highest dignities in the Church into their owne hands quite abolishing all elections to the end that by their providence the Churches might be the
unto them which he and his predecessours had a long time long'd for If when the Generall Councell is assembled saith the 21 Canon there be any controversieâ— or complaint against the holy Church of Romeâ— enquiry ought to be made upoâ— the question proposed with convenient reverence and respect and to admit of satisfaction and to proceed or cause to be proceeded therein yet not andaciously to passe sentence against the supreme Bishops of old Rome Whence we collect thâ—t it was the intention of the Councel that processe should be made against the Bishop of Romeâ— with all honour and reverence indeed then when he was accused in some sort yet still that processe should goe on against him 10 The Councell held formerly by Photius Patriarch of Constantinople had condemned Pope Nicholas This anathematizeth Photius not because he venter'd to proceed to that reformation as some would make us beleeve but because he had laid a false accusation against him and for certaine other causes as the sixt Canon declares Wee anathematize Photius for his intrusion into the Church of Constantinople for his subornation of false vicars for his adventuring to hold a Councell of vanitie and for the crimes which hee falsly objected against Pope Nicholas 11 The Generall Councel of Chalcedon was Iudge in Pope Leo the first his cause against the Patriarch of Constantinople touching point of honour which was thus The Councel of Nice had tacitly assigned the first place of honour to the Patriarch of Rome the second to him of Alexandria the third to him of Antioch and the fourth to him of Ierusalem and because that Constantinople was then scarce borne there was no talk of it but at the second Councel of Constantinople the question was canvassed where it was â—etermined that the Bishop of that Citie should be honoured as the next Primat to the Bishop of Romeâ— because it was new Rome The Pope complaineâ— of this Decree to the Councel of Ephesus pretending that the Councel of Nice was disparaged the other on the contrary stood for the Dâ—cree of the Councel of Constantinople the Councel gave sentence that what had been there determined concerning this point should stand The reverend Bishops said This sentence is just Wee all say so It pleaseth us all likewise The Decree is just See here how they pronounced against the Pope whose Legats the next day desired the retractation of that Decree or at least that their protestation might be registred and that they might know what to informe the Pope of to the end say they that hee might passe his sentence upon the injury done to his See or of the subversion of the Canons Hereupon the Iudges pronounced Our interlocution was approved by all the Synod 12 Pope Leo was much displeased with this sentence which hee did not dissemble in his letters written to the Emperour Martian Pulcheria the Empresse the Patriarches of Constantinople and Antioch and others Yet for all that he durst not withstand the Councels resolution nor proceed any further than only to complaine against it Howbeit speaking to the two last who were interested in the cause as well as himself hee tels them that hee will not consent to that sentence Hee had reason for his consent to it waâ— never demanded But hee never complaines of the Councel for confirming the definition and rule of faith which hee sent thither but bragges of it in his letter to Theodoret Bishop of Cyprus which notwithstanding was strictly examined in this Councell which gave every man leave to impugne it If it bee not say they consonant to holy Scripture let any man disprove it As also they reprove yet very nimblely and by way of exposition that saying of his That it belonged to none to expound matters of faith saving the Fathers of the Nicene Councell and they shew how it belongs to others also not so as to derogate from ought that had beene there determined but to explaine the controversies which arise about it 13 Bellarmine seeing that this is prejudiciall to the Soveraignety of his Patriarch saith that Leo's epistle did not containe any definitive sentence but only his advice and wee on the contrary affirme it was his determination and resolution Let us hear what he him selfe saith of it What God had first determined by our ministery he hath now confirmed by the irretractable consent of all our brethren And for the last course if it may be said this Leo was one of the most ambitious Bishops that ever wore Mitre Hee that shall peruse his epistles without passion will ever passe this judgement upon him 14 The Emperour Constantius having banished Liberius another whose name was Felix was elected in his stead The Emperour having recalled Liberius some time after the Councel which was then at Sirmium a citie in Hungary writ to Felix and the Clergy of Rome to receive him in such sort as both of them might continue Popes and might execute that function with one common consent Which was done accordingly Bellarmine answers two things First that the Councel doth not command so but only send some exhortatory letters But this is but a shift for Sozomen saith the Councell ordained so Next that this Councel was composed of Arrians for the most part This consideration were to the purpose if the question were about their doctrines but here the controversie is about a thing which was never in dispute with them And besides both the Popes were Orthodox But bee that as it will be we collect from hence all that we desire namely that the Councell passed sentence in the Popes case 17 Pope Miltiades was by the Emperour made Iudge betweene the Catholiques and the Donatists and after him the Bishop of Arles as St. Austin testifies at which judgement the Donatists being displeased St. Austin adds But suppose the Bishops which judged at Rome did not judge aright recourse may yet be had to a Councel of the Church Catholique where both the cause and the Iudges themselves may yet bee tryed that so if they bee convinced to have judged amisse their sentence may be repealed Bellarmine quits himselfe but poorely from this argument First of all he affirmes that thiâ— cause was judged againe by the Bishop of Arles not saith hee because there was any reason why it should be so but because it was the Emperours pleasure this I do not deny to be true But in the second place he saith that a cause judged by the Pope in a particular Councel may afterwards bee judged by him againe in a Generall Councel This is nothing to the purpose for St. Austine saith not that the Pope ought to assist in this Generall Councell as Iudge but only to defend his owne sentence being in danger to see it repealed if it were found to bee injust 16 Besides if the Pope hold his greatnesse only by St. Pauls sword and St. Peters keyes and if he be above all then hee
Donation of Constantine he was but one of the Councel of Basils frogs but this he pronounceth as Pope that is as one who is now better advised having all wisedome both divine and humane in his pantosâ—e and all law in his budget 16 I will not now spend time upon answering the arguments which Bellarmine brings out of holy Scripture to make the Pope above a Councel As Thou art Peter Feed my sheep Ergo the Pope is above a Councel Item The Pope is the Head the Steward the Shepheard the husband or spouse of the Church Therefore he is above a Councell Part of which have been confuted by the Councell of Basil in the Acts collected by AEnaeas Sylvius and part by many other Doctours which writ since Besides the solution of them may bee gathered out of those places which wee have here above transcribed out of the opinions of the Vniversities of Germany and Poland 17 We have also made answer alreadie to that which is urged of the Councels of Sinnesse and Rome That the Primier See that is the Pope cannot bee judged by any man and we have shewed that this is meant of particular persons or of Provinciall Councels at most Besides that wee have divers examples of their judgements in which this maxime was never determined Adde further that we have made it evident by an infinite number of examples that divers Popes have beene judged even for other crimes than heresie 18 But the most pressing argument of all is that which hee collects out of the letters of certaine Easterne Bishops writ to Pope Leo the first and the Councel of Chalcedon joyntlie and that during the celebration of that Councell in the inscription whereof they put the Popes name before the Councels and yet the Fathers there assembled to whom these letters were presented never complained of it saith Bellarmine Hee had great dearth of good arguments when he flies to such as these By the very same reason the Archbishop of Constantinople must bee above the Councel whose name is put before the name of the Councel in the letters of Eusebius Bishop of Doryleum To the most holy and most blessed Archbishop Flavian saith hee and to the holy Councel See here the Patriarch of Constantinople as good as the Pope and by consequent Pope Leo who pleaded the contrary in that very Councel hath lost his right by Bellaermines judgement If he should have said so much in his time it is a hazard hee had never beene Cardinal so highly was the Pope displeased at the judgement of this Councell Another Bishop puts the names of the Pope and of the Patriarches of Constantinople and Antioch all before the name of the Councell in a letter of â—is The Councell of Chalcedon writing to Pope Leo puts it selfe before him and on the contrary writing to the Emperours Valentinian and Marcian puts it self after them all in the same Session Bellarmine knowes also very well that the Emperour Iustinian writing to Pope Iohn puts his name of Emperour before that of Pope and that Iohn also puts it before his in his answer It is true the glosse spoiles all which saith This would not be so now adayes Wee know Pope Adrian the fourth had a great quarrell with the Emperour Frederic about it who had beene so bold as to put his owne name before the Popes in the letters which he writ whereof wee have spoken elsewhere But our predecessours went not so precisely but in writing one to another they put their owne names sometimes before sometimes after as wee could make it appeare by many examples if it were worth the while 19 Bellarmine addes that the Councell of Chalcedon it selfe hath acknowledged this for true when they call the Pope their head and themselves his members Yea but they were to blame to put the head under the feet in that inscription which we urged Wee have said before in another place that hee is called the head because hee was the first in degree of honour amongst the Clergy because he sate in the first place amongst the Bishops Others say because hee is the head of particular Churches but not of the Vniversall represented by an Oecumenicall Councell All the other arguments which hee brings are refuted by us in divers places saving only those which are drawne from the authority of Popes whom wee desire to forbear aswell from giving evidence as from passing sentence seeing their owne cause is in question A REVIEW OF THE COVNCELL OF TRENT BOOKE V. CHAP. I. Of Indulgences THe Pope hath usurped such an excessive power in point of Indulgences that there is not a good Catholique but is sory for it I will not here dispute whether these indulgences bee profitable or no and whether hee hath power to grant them or no I leave that question to Devines My aime is to shew that this Councel did not satisfie the desire and hope of Catholiques The abuse which the Popes have committed in matter of Indulgences and which they commit every day is notoriously known to every body as also the complaints that have beene made of it The Popes have undertaken to pull soules out of Purgatory by commanding the Angels to take them forth and to carry them into Paradise Wee have set downe the Bull of it in another place As for the plenarie pardon of all sinnes with this expression be they never so hainous this is ordinary with them not only at the great Iubily which they reduced from an hundred yeares to fifty from fifty to thirty from thirty to twenty five and ere it be long they will abate yet a little more of the terme to the intent that they may augment their Court and oblige every body to come thither the oftener but also in their particular Buls which they grant out That of Sixtus the fifth of the year 1588 granted to the Catholiques of this Realme of France makes proose of it which gives the Curats and Confessours power To absolve from all crimes sinnes and excesses be they never so heinous with many others which I could alledge containing bolder clauses than that which not long since have with scandall beene presented to open view 2 But that which is yet more to be condemned in them is that the Popes doe not only give remission of sinnes already committed but also of such as are to be committed Which is a meanes to oblige all the base raskals in the world unto him and to give them occasion to redouble their crimes and misdemeanours to rob with foure hands to kill father and mother to set upon their Lords and Maisters to violate the authority of their Princes and usurpe their Dominions For provided they can make their party stronger and that they be devout towards the Holy See there will be no want of an indulgence yea even without that alwayes provided they pay their rent 3 The Clergy of Leige in their epistle directed to Pope
quarantains of true pardon 40 And the said pardons and indulgences here above mentioned are granted onely to the brothers and sisters of the said Fraternitie which shall upon the daies aforesaid everie yeare visit the said altar in that Church of St. Hilary of Chartres upon which the blessed Sacrament and precious bodie of Iesus Christ is placed 41 Medard Thiersault Priest Licentiat in the Lawes Canon of Chartres Oâ—â—iciall and Vicar Generall both in the spiritualty and temporalty of the reverend Father in God Monsieur Lewes by the grace of God and the holy See Apostolique Bishop of Chartres to all and singular the Parsons and Vicars of the Churches within the Citie of Chartres sendeth greeting â—n our Lord God everlasting Pope Paul the third of happy memorie did heretofore of his own proper motion for the honor reverence of the precious blessed Sacrament grant unto the brothers of the fraternity of the blessed body of Iesus Christ in the Minerva of Rome certaine indulgences plenary remission of sinnes immunities and other graces the good devotion and upon petition of the faithfull Christian Brothers Which indulgences and plenary remission of sins our holy Father Iulius the third by the divine providence Pope to the end that all Christians should presse more earnestly and devoutly to come and honour the so admirable blessed Sacrament of his owne authoritie and dignitie hath willed and decreed that they bee of perpetuall force and efficacie And these indulgences and other graces aforesaid at the instance and request of the most noble personage Mr. Christopher de Herovard the Lieutenant Generall of the most Christian King within the Bailiwicke of Chartres hath communicated and granted them to the Brothers and Sisters of the Fraternitie of the most blessed body of Iesus Christ heretofore instituted and erected in the Church of Saint Hilary of Chartres alwayes provided that like grace and gift was not formerly granted to any other Church of the said Citie of Chartres And forasmuch as we have viewed the contents of the said indulgences in the publique instrument out of the copie of Domenic Bishop of Hostia Cardinall of the holy Church of Rome by title Traven Deane of the sacred Apostolicall Colledge Protector and Patron of the devout and Catholique Fraternitie of the blessed body of our Lord Iesus Christ founded in the Church of our Lady of Minerva of the Order of Friars predicants in the Citie of Rome in manner of an exemplification published drawne signed and sealed by Genese Bulter Secretary to the said Fraternitie given at Rome the sixt of May one thousand five hundred and fiftie And furthermore whereas by a certaine declaration made unto the Court of Rome by the command and with the leave of the Reverend Father in God the Lord Bishop of Chartres and as it seemes to us truly and lawfully made that 't is certaine the like grace was never granted to any other Church in the Citie of Chartres Wherefore we command you to publish and cause to bee published in your Churches the said indulgences and the exemplifications of the letters aforesaid according to their forme and tenure Giving leave to the said Mr. Christopher de Herovard to cause the said Graces and Indulgences to be published within the Citie and Suburbs of Chartres whether by Siquis's or otherwise as the same Herovard shall thinke good Given at Chartres under the seale of the Chamber of the said Reverend Father in God the Bishop of Chartres in the yeare one thousand five hundred and fiftie upon Thursday being the last of Iuly Subscribed P. le Seneux 42 See here how the Popes play with their indulgences and amongst the rest two of them which presided by their Legats at the Councell of Trent to wit Paul the third and Iulius the third The reformation of such abuses was required heretofore in such Generall Councels as were then holden as by the Bishop of Menda in that of Vienna in Dauphiny who amongst other points by him proposed unto the said Councell puts this for one It were fit to provide a competent remedy for this and besides to cause the fees of the curriers and Nuncio's of the Court of Rome to cease We have told you elsewhere upon the testimonie of the Bishop of Panormo that by reason of the too hastie breaking up of that Councell by Clement the fift that reformation was never medled with 43 Amongst other articles proposed by divers nations at the Councell of Constance touching the point of reformation this about Indulgences was one upon which they were to deliberate after the creation of the Pope But Martin the fift being elected he referr'd the case to another time And forasmuch as Mr. Iohn Gerson Chancelor of the Vniversitie of Paris was present at the same Councell and in very much repute and authoritie both in behalfe of the Vniversitie and as deputy for Charles the sixt King of France we will here make him declare his beleefe in matter of Indulgences Behold here his articles 44 The onely supreme Pope Christ together with the Father and the Holy Ghost can by a plenary authoritie grant a totall indulgence as well from punishment as fault 45 The onely Pope Christ can commute eternall punishment into temporall or absolve from punishment freely and without any merit besides his owne 46 The onely Pope Christ can give indulgence for so many thousand millions of dayes and yeares as we finde in divers grants of Popes and others in divers times and places and upon divers occasions 47 The granting of Indulgences for so many millions not onely of daies but yeares seemes impossible to be maintained without great difficultie after remission of eternall punishment and commutation into temporall For it is certaine that no particular man can or ought to bee bound to doe penance so many yeares forasmuch as he cannot live the thousand part of those yeares and no man is bound to impossibilities It is also certaine that Purgatory shall cease at the worlds end and consequently the dayes of his penance too 48 From hell there is no redemption At the end of that Tract hee hath these verses Arbitrio Papa proprio si clavibus uti Possit cur sinit ut poena pios cruciet Cur non evacuat loca purgandis animabus Tradita If so the Pope may use the keyes aâ—'s pleasure Why does he let good men such paines endure Why does he not too cruell and unkinde Emptie the place for purging soules design'd 49 Now whereas he beleeves that the Popes indulgences doe not reach so farre as hell that is hereticall as well as the other articles by him set downe For other Doctors hold that the Pope is Lord of the world that he officiats in the nature of Christs Vicar both in things celestiall terrestriall and infernall Angustin de Ancona approved by the Popes as well as the former author argues thus in the matter of Indulgences
can dispense with the law above the law by reason of his plenitude of power This â—ext will bee alwaies understood according to the exposition of the Doctours and Practitioners who hold that the Pope may dispense above the law beside the law and against the law that hee hath soveraigne power in all and above all 2 But though he should challenge no more but the dispensing with humane laws in all those cases specified by Gratian it were no light matter Our laws would henceforth scarse serve our turnes neither the Decrees nor the Canons For according to his opinion the Pope is no way subject to them but may dispense with them and make new lawes Our Glossatour upon the Canon law avowed by the Rota of Rome goes farre further as thatâ— The Pope may dispense against the Apostle against the old Testament against the foure Evangelists against the law of God When they come so farre in this I leave you to imagine what they will doe in the rest at this day especially when the controversie betwixt the Pope and the Councell shall bee decided It will not need to put in that exception of the glosse That the Pope cannot dispense against the generall state of the Church For he being above it and having full soveraigntie when he shall make use of it who will tell him You are to blame Especiallie considering our Sophisters maintaine now adaies that all he does is well done and that he cannot erre in that regard Popes are not content to dispense onelie in their books but they do it farre better in their practise and that alwaies to their owne advantage For these dispensations aime at two things their profit and their greatnesse Germany will tell us newes of them As for the first I doe not speake of the Protestants but the Catholiques assembled â—t an Imperiall Diet at Noremberg the year 1522 when they say 3 Many things are forbid by humane constitutions and many things also are commanded which are neither commanded nor prohibited by the lawes of God such are divers impediments of marriage by reason of affinitie common honesty spirituall and legall kindredâ— and consanguinitie in many divers degrees Besides the use of some meats is forbidden which yet God created for the necessitie of men These and many other such like humane constitutions bind men so long till they can by their money purchase a dispensation from such lawes of those that made them So money makes that lawfull to the rich which the poore cannot compassâ— gratis And by such unlawfull bands of humane constitutions there is not onely aâ— huge masse of money drain'd out of Germanie and transported beyond the Alpesâ— but a great deal of iniquitie is raised amongst Christians themselves many offences and quarrels when the poore perceive themselves caught in these nets foâ— no other reason but because they want the thornes of the Gospel for so are richeâ—â—alledâ— there This complaint was presented to Pope Adrian the 6 when hee talked of calling that Generall Conncell which was afterwards holden at Trent 4 The same nation of Germany had drawne up a summarie of other grievances some years before and presented them to the Emperour Maximilian The first was this As for the observance of Bulls compacts priviledges and letters granted by their Predecessours without any limitations the later Popes thinke they are not bound to them but on the contrarie they transgresse them by frequent dispensations suspensions and repeals upon any mans entreaty yea even oâ— some base fellow 5 A certaine Archbishop of Germany Legat for the See of Rome asked Pope Zacharie what he should do about a dispensation which a German assured him he had got of Pope Gregory his predecessour to marrie a woman that had first beene married to his uncle and afterwards to a Cozen of his from whom shee was divorced and who was yet alive besides she was his kinswoman in the third degree and had beene a Nun. We know not what answer he had nor doe we here consider any thing but the injustnesse of the dispensation 6 Saint Bernard who lived in the year 1150 writing to Eugenius the third complaines bitterlie of these dispensations What you will say unto me doe you forbid me to dispense No saith he but onely to dâ—ssipate I am not so ignorant but I know you are placed there to bee a dispenser but to edification not to destruction 7 The States of England being all assembled together in corps in the yeare 1246 under Henry the third put up divers grievances against the Pope in a bill of complaint drawne by them which wee read entire in the Historie of an English Monke amongst which this is one England is further aggrieved by the frequent comming of that infamous Nuncio non obstante whereby the religion of oathes the ancient customes the validity of writings the authority of grants the Statutes lawes priviledges are weakened and disanull'd Insomuch that infinite numbers of Englishmen are grieved and afflicted thereby The Pope doth not carry himselfe so legally and moderately towards the Realme of England in revoking the plenitude of his power as hee promised by word of mouth to the Proctours at Rome 8 The Bishop of Mâ—nda in Gevaudan being commanded by Clement the fift to goe to the Generall Councell holden at Vienna in the time of Philip the Faire made some pretty notes touching the point of reformation Where speaking of dispensations he saith That the very nerves of the Canons and Decrees are broken by the dispensations which are made according to the style of the Court of Rome that they are against the common good And citing the authoritie of Saint Ierom writing to Rusticus Bishop of Narbon hee saith Since avarice is encreased in Churches as well as in the Roman Empire the law is departed from the Priests and seeing from the Prophets We reade also in the Decree sath he that Crassus was turned into gold and that he dranke gold He gives us the definition of a dispensation according to the Lawyers which he saith is a provident relaxation of the generall law countervailed by commodity or necessity that if it be otherwise used it is not a dispensation but a dissipation that the question is now about the staining of the state of the Church that those who dispense upon unnecessary causes erre Lastly for matter of dispensation hee would have that observed which Pope Leo said to wit That there are some things which cannot be altered upon any occasion others which may bee tempered in regard of the necessity of the times or consideration of mens age but alwayes with this resolution when there is any doubt or obscurity to follow that which is not contrary to the Gospell nor repugnant to the Decrees of holy Fathers 9 All the nations of Christendome that were present at the Councell of Constance demanded the like reformation For amongst other articles of
is presently added Vnlesse it be otherwise declared by the See Apostolique So that by this meanes all depends upon the Popes pleasure CHAP. V. Of the residence of Bishops and approbation of the causes of their absence 1 IT was usefully ordained by this Councell that Bishops and other Prelats should reside upon their Bishopriques and prelacies But yet when all comes to all there is a dash with the pen that spoiles all for the judgement to bee passed upon non-residents is reserved to the Pope It is he too that must dispense with their absence and approve the causes of it These three points are specified in the Decrees of the Councell so that the authoritie both of Metropolitans and Princes is devolved upon the Pope And hee that considers all shall find that Kings and Princes suffer a mightie prejudice by this meanes They shall not have the power to aid themselves with so much as one Bishop for the affaires of their Stateâ— and have them neare their person to take their counsell and good advice unlesse the Pope please 2 This is not all The Popes will take order well enough that there bee ever some to depend upon them and such as may bee their creatures so that as many Bishops as are neare to Princes so many enemies to them They will bestow whom they thinke fit in other places to contrive plots and projects get them to Rome to make their abode there so long as their busines requires traverse the Provinces reside where they shall thinke expedient And in case that either upon the Princes command or upon any other occasion one of these Bishops shall venture to absent himselfe by virtue of this Councell the Popes shall have power to deprive him of his Bishoprique and put another in his place for that is said in expresse termes 3 By the lawes of the ancient Emperours a Bishop might not absent himselfe from his Bishoprique without the leave of his Metropolitan or the command of his Prince Iustinian decrees thus Wee forbid Bishops to leave their owne Churches and goe into other Provinces But if so bee there bee any necessitie of so doing they shall not goe without the Patriarch or Metropolitans letters or without the command of the Emperour 4 Our Kings of France have alwaies reserved this authoritie and prerogative unto themselves to determine of the residence of Bishops to compell or cause them to bee compel'd by their officers to feed their flocks and wait upon their Churches when need required and that by seasing upon their temporals to call them from Rome to returne into France to dispense with them and approve the causes of their absence We will quote some passages to thiâ— purpose 5 Lewes the eleventh in an Ordinance of the eight of Ianuary 1475 makes this narration When any questions or differences come upon us as well concerning the state of the Church of our Kingdome as other our affaires we that ought to have recourse to them cannot be assisted aided or advised therein by reason of their absence where wee and the Common wealth are ofttimes much interessed Then after he ordaines in this manner Wee will ordaine and declare by these presents that all Archbishops Bishops Abbats Prelats and others that hold any dignities within our Kingdome and do dwell and reside out of the bounds and limits thereof and out of our obedience doe repaire and returne within five moneths after the publication of these presents unto their benefices within our said realme or unto some one of them if they have any more and there make continuall residence there to celebrate and continue divine service as belongs unto them and as they are bound to doe As also to the end that they may serve and assist us in our Councels and otherwise to the behoofe of us and the Common wealth of our said Kingdome when need shall be And this upon paine of being deprived of the temporals of their said benefices 6 Henry the second in an Ordinance of the first of May 1557 directed to the Court of Parliament of Paris Wee command charge and enjoyne you by these presents that in our name you enjoyne all Archbishops Bishops Prelats Curats and others that have cure of soules within our jurisdiction to retire every one to his Archbishoprique Bishoprique Cures and other livings and to make personall residence upon them and to preach and declare or cause to be preached and declared the word of God c. And where they shall refuse so to doe that you cause the fruits profits and emoluments of the said Benefices to be distrained and seised into our hands 7 Charles the ninth by his Ordinance of the first of Aprill 1560 ordained the very same thing both for residence and for the disseisin of temporals but with this exception Saving and excepting the Archbishops and Bishops that are of our Privy Counsell and others imployed in our service out of the Realme for the weale publique thereof during the time that wee shall make use of them whereof our Bailifs and Stewards or their Lieutenants of that jurisdiction where the said Archbishopriques and Bishopriques doe lye shall give us notice presently after The same Prince in the fift Article of the Ordinance of Orleans doth enact concerning Archbishops Bishops Abbats and Curats that have many benefices That residing upon one of their benefices and doing actuall service there whereof they shall make good proofe they shall be excused from residing upon their other livings 8 But see here a thing to be observed namelyâ— that the States of Blois holden in the yeare 1579 knowing the prejudice which this Councell had done to the liberties of France in this regard thought it reasonable to provide otherwise for the approving of the causes of non-residence than it had set downe For it is enacted in the fourteenth Article of the Ordinance made by King Henry the third upon the complaint of the said States That all Archbishops and Bishops shall be bound to reside upon their Churches and Diocesses and according to their ability to discharge their duties in person From which residence they shall not be excused but upon just and reasonable causes approved by law and such as shall be certified by the Metropolitan or senior Bishop of the province Otherwise if this be not done besides the penalties ordained by Councels they shall be deprived of all the fruits issuing in the time of their absence Which shall be seised and taken into our hands to be imployed in the reparation of ruinous Churches almes to the poore of the places and other charitable uses By this Ordinance the Metropolitan gives the certification and the Kings officers the judgement in causes of absence without reserving any thing to the Pope Nor is this law peculiar to our Kings but common to them with all other Princes as it shall appeare by what we shall speake of it in another place CHAP. VI. Of
defend himselfe from an ignominious authoration and to procure the repeale of those anathema's which vexed his soule how ever unjust he was compeld to disclaime his rights 17 Now this force and necessitie appears by that testimonie of Otho Bishop of Freisinger Wherefore saith he the Empire being dismembred and broken many wayes the Emperour perceiving that the King revolted from him because of the anathema pronounced against him and fearing his fathers example having called a great assembly of Princes together at Wormes hee resigned the investiture of Bishops to Lampert Legat of the See Apostolique The revolt against him was such that his owne nephewes did abandon him saith the Abbat of Vsperge who addes these words the true tokens of this violence He surrendred Ecclesiasticall investitures unto the Church and all other spirituall matters which the Empâ—rours of Germany had so long managed and which hee had purposed for the not impairing the honour of the Empire never to forgoe so long as he liv'd No man can say but an injust anathema is an unlawfull force a violent impression and what is done by occasion thereof is lyable to restitution 18 The termes of this surrender doe elsewhere shew it to be personall and that it layes no obligation upon his successors It is the exposition which was put upon it in those dayes witnesse the same Bishop of Freisinger This priviledge therefore is set downe in writing for the Church and it is granted to him by way of exchange by the Pope that those who shalâ— be elected as well on this side as you side the mountaines shall not be consecrated Bishops till they have received the Royalties from his hands and by the Scepter Which the Romans say was granted for quietnesse sake and to him onely not to his successors Seeing by their confession the compact is no more but personall for as much as concernes what was granted to the Emperour by the same reason they must acknowledge it is just so in regard of what was granted to the Pope 19 So the Emperours which reigned after him complain'd of injustice even Lotharius the fourth the successor of the same Henry against Innocent the second witnesse the Abbat of Vsperge At this time saith he the Pope went to finde the Emperour at Leiege demanding assistance and favour of him against the said Peter and his abettors but the Emperour having taken advice what hee should answer begunne to redemand of the Pope the investitures of Bishopriques which the Emperours had enjoyed for a long time before The same was done by Otho the fourth Which a German Historian signifies unto us by these words speaking of the dissention of that Emperour and Pope Innocent the third As for the Pope saith he the reason of it might bee because the Emperour redemanded the ancient imperiall rights over Italy some whereof had beene lately transfer'd unto the Church But Marsilius of Padua affirmes it more clearly speaking also of the Emperour Frederick the secondâ— Otho fourthâ— saith hee and Frederick the second when they would have repealed it may be for lawfull causes these grants and priviledges he speaks of Investitures or indeed repealing them absolutelie or in part they endured many plots persecutions and impediments from the Clergy and Bishops of Rome 20 As for those Councels which were the cause of this renunciation and pronounced the Emperour anathema depriving him of Investitures it must be observed upon what grounds they stand They deprive an Emperour of the right of Investitures without hearing him without summoning him See here an injustice They condemne Investitures as hereticall they condemne then Pope Adrian the first and all his Councell of heresie who granted them to Charles the Great Leo the eight and his Councell who granted them to Otho as also all other Popes who tolerated them yea even those who approv'd them of whom we have spoken already 21 And upon this point we must heare what our good Bishop of Chartres that great Pope-Monk saith who is much troubled to defend this condemnation of heresieâ— and implication of horrible contradictions For in his epistles making answer to Iohn Archbishop of Lyons who reprehended herein the fathers of this Councell of Vienna Whereas saith he you reprehend those that ranke the investitures of Ecclesiasticall dignities made by Lay men amongst the number of heresies it seemes there is no great force in your reprehension For although hereticall errour lodge in the heart as well as Catholique faith yet notwithstanding as we know a Catholique by his Catholique works so wee know an heretique by his hereticall works God hath said by their fruits yee shall know them and every tree is knowne by his fruit And although externall investitures made by Lay men cannot be properly judged heresies yet to bee of opinion and to maintain that they are lawful is an undoubted heresie This is not said with sufficient reason For the Councell saith Investiture is an heresie and he makes no answer to that If it bee an heresie then it follows as wee said that those precedent Popes and Councels that authorized them yea to take in all that is in Ivo's answere that were of opinion they might and ought to bee given by the Emperours were truly heretiques 22 This Bishop makes us behold this heresie of another colour so much paines does he take to defend a bad cause for he judgeth it an heresie in case the Lay man which performes it doe thinke it to bee a Sacrament If any Lay man saith he fall into this follie that he thinks he can administer a Sacrament or a thing belonging to a Sacrament of the Church by the giving and taking of a rod wee judge him an absolute heretique not for his manuall investiture but for hiâ— diabolicall opinion Verily so should a Priest bee too that should beleeve his â—urre his surpleâ—â—e or his square cap to bee a Sacrament And yet hee must not therefore be devested of them In that epistle hee notes no other heresie in investitures but urgeth many reasons to prove they are not so yet notwithstanding he concludes that Princes must be deprived of them Because saith he being performed by Lay men it is an usurpation upon another mans right a sacrilegious presumption Hee speaks thus to maintaine the cause of the Pope and the Councell right or wrong 23 But let us hear what he saith of it formerly when he was in cold bloud in an Epistle of his written to Hugh Archbishops of Lyons As for that which you writ unto me how the said party elect received Investiture into his Bishoprique from the Kings hands wee knew nothing of it nor was it told unto us by any body But although it were so yet considering that hath no force of a sacrament to make a Bishop whether it bee done or not done I doe not see wherein it can be hurtfull to faith and religion yea we doe not finde that by Apostolicall authoritie Kings
whereat the said Archbishop was highly offended in so much that he with other Bishops at the Synod of Estampes were upon the point of revoking the said consecration made by the Pope as prejudiciall to the authoritie Royal. See here what the same Bishop saith of it in a letter to Pope Vrban Moreover I give your Holinesse to wit that the Archbishop of Sens being infatuated by the counsell of the Bishop of Paris having summoned the said Bishop of Paris and two others of the same humor to wit he of Meaux and he of Troyes did very indiscreetly accuse me this present year because of the consecration which I had received from you saying that I had offended against the Kings Majesty by attempting to receive my consecration from the See Apostolique We have heard before what this same Bishop said of Investitures speaking of the King of France 26 We may now conclude that elections nominations and approbations in point of benefices have alwaies belonged unto our Kings and have beene at their free disposall By their last ordinances they have beene pleas'd as well to disburthen themselves of that charge as also to prevent the enterprises of the Popes to decree that elective dignities should bee conferr'd by elections and benefices which were not elective by the collations and presentations of the Collators and Patrons And this according to the Councell of Basilâ— which hath tied the Popes hands in this respect and the Pragmatique Sanctions of St. Lewes and Charles the seventh Yet this was still with two conditions one that the Kings Congé d'elire should bee requir'd by way of preamble at least in respect of Bishopriques and Abbeyes otherwise the election should be accounted a nullitie Which is verified by the letters of our Kings as farre as King Lewes the eleventh containing the said licence which may yet be found in the treasurie of Chartres in a great box quoted xxv Which right was declared to belong to King Philip the Faire when the question was about Saint Maglairs Abbey as some report 27 The other that the said Prelates before they could be called such should be bound to take the oath of allegiance according to the ancient custome as it was determin'd by the Arrests of the Parliament of Paris against the Archbishop of Anx and the Bishop of Mantes Which was observed in the time of Philip the first according to the testimonie of the Bishop of Chartres who in his epistles addressed to Pope Paschal speaking of the Archbishop of Rhemes who had beene depriv'd of his dignitie and for whose reestablishment the said Bishop had interceded to the Kings Councell The Princes Court saith he inclining to the contrary we could not obtaine an entire peace unlesse the said Metropolitan would make unto the King such an oath of allegiance as other Archbishops of Rhemes together with all the rest of the Bishops of this Realme of France how holy and religious soever they were made to the Kings his predecessors Divers authors beare witnesse of this oath of allegiance made by Bishops to their kings and princes both in England and France and other places some of them set downe the very forme 28 Since this time our kings have beene compell'd to divide their rights with the Popes to give them content and be at peace with them by taking away elections and reserving unto themselves in stead thereof the nominations and allowing unto Popes the confirmations By the ordinance of Orleans King Charles would have taken the Clergie and people in to his share by decreeing that when Bishopriques fell void the Archbishop and Bishops of the Province and the Canons of the Cathedral Church should meet togther with twelve gentlemen chosen by the Nobilitie of the Dioces twelve Bâ—rgesses chosen in the Guildhal of the Archiepiscopal or Episcopal Citie to make he a nomination of three persons of which the King should chuse one whom he pleased to name Which notwithstanding we never yet saw observed 29 Wee will say for conclusion that it is no small advantage to the Pope to have the confirmation of the Bishops of France which was granted him by the Concordat but it will bee farre greater yet if he keepe that authoritie which is given him by this Councel For by it hee will quickly bring all these Concordats to nothing and wil resume the extravagancies of his predecessors who had got all the elections and collations of the Bishopriques and benefices of this Kingdome into their Churches to the utter ruine and destruction of it draining the Realme of moneyes and filling it with strangers and bringing it to an extreame miserie as we say else where 30 We shall only here observe the particular interest of Kings and Princes for as much as concernes their power and authoritie whereof they ought to be very jealous if they marke it There is nothing which fortifies it so much as that right which they have to chuse and elect Churchmen nor which weakneth it so much as when the Pope hath an hand in it either in whole or in part Ivo Pishop of Chartres although hee had received his Investiture from Philip the first yet in asmuch as he had got his confirmation from Pope Vrban he was alwaies affectionate to him and the See Apostolique even to the prejudice of the King and Kingdome to whom he did sometimes very ill offices as wee collect from some of his epistles On the contrarie because Lupus had got the Abbey of Saint Peter de Ferriers in the Dioces of Sens by the donation of Charles the Bald he was alwaies loyall and he even brags of it in one of his Epistles 31 An English Historian though hee bee a Monke yet hee knew well how to set out this interest of Princes For speaking of the consecration of certaine Bishops of England made by Innocent the fourth when he was at Lions hee saith They were consecrated by the Pope not without great damage and danger to the Realme of England For the Pope having so ingaged the Bishops unto him they found themselves more obliged unto him and despising the King they were more inclined to doe mischiefe to the Kingdome 32 The Bishop of Chartres continuing his devotion to Pope Vrban gave him notice of this point upon the election of an Archbishop of Rhemes who he assured the Pope was very zealous for the See Apostolique adding afterwards Now how necessarie it is for the Church of Rome to place in that See a minister which is devout and affectionate unto her it is not for me to informe your wisedome which knowes very well that this See weares the Royall Diademe and serves for a patterne almost to all other Churches of France either of ruine or Resurrection 33 Not without cause did Pope Nicholas the first stomach at Lotharius because he would not suffer any Bishop to bee chosen in his Kingdome unlesse hee were faithfull and well inclined to
Monasterie shall not in that case enjoy their priviledge of exemption but shall bee subject to the jurisdiction of the Ordinariesâ— without any commission or delegation from the Pope We ordain by an irrefragable Decree that howsoever exempted persons enjoy their libertie yet upon any offence contract or such thing for which a man may have a sâ—te against them they may be convented before the Ordinary of the place And the Glosse upon it This is true if the contract were made or the crime committed in a place not exempted and if the thing in controversie bee not exempt So Scholars not residing in the Vniversities do not enjoy the priviledges granted unto them So a Clerke taken in a crime having not his Clericall habit on is subject to the jurisdiction of the Secular Iudge 7 In the third Chapter of the twentie first Session Bishops are allowed as Delegates for the See Apostolique to assigne unto all such Cathedral and Collegiat Churches as have no ordinary distributions the third part of the fruits and revenues to bee imployed in the said distributions Which is repeated in the third Chapter of the twenty second Session This derogates from the power and jurisdiction of Bishops to whom the right of providing for the necessities of the Churches subject unto them doth belong As to adjudge the tenth to an Archdeaconrie which hath but little meanes To joyne and unite Chappels to a Cathedrall Church upon evident necessity or commoditie To alter and give away the means of the Church upon just and honest reason with the consent of the Chapter Therefore by the same reason they may convert some part of the revenues of livings to ordinary distributions upon just and lawfull cause with consent of the Chapter without authoritie from the Pope or without any necessitie of his commission Which is valid in this Realme of France especially where the Popes power is regulated according to the ancient Canons and Decrees 8 By the fourth Chapter of the twentie first Session the Bishops are Delegates for the See Apostolique to compell the Rectours of Churches within their Dioceses to take Priests to assist them at the administration of the Sacrament in case they bee not able to doe it themselves And by the sixt chapter of the same Session they are also made commissaries and Delegates to assigne substitutes and assistants to unlearned and ignorant Rectors of Churches Which is also decreed to the prejudice of the ordinary jurisdiction of Bishops to whom of common right it appertaines to appoint such assistants even according to the Decretals of Lucius the third and Honorius the third whereby they declare that Bishops have power and authority to appoint coadjutours to Rectours of Churches in such cases 9 In the fifth Chapter of the same twentie first Session power is given to Bishops as Delegates for the Pope to unite Churches and benefices in case of povertie and such like permitted by the law And yet this is a thing which agrees unto them by their owne proper right even by the confession of Celestine the third It belongs unto the Bishop saith he to unite the Churches of his Diocese and to set one over another Which is elsewhere repeated by the Glosse upon the Canon law And it is confirm'd unto them by the sixt Aâ—ticle of the Ordinance of Orleans See here the words And to the end that Curats may imploy themselves in their Charges without all excuse we enjoyne Prelats to proceed to the union of benefices distribution of tithes and other Ecclesiasticall revenues 10 By the seventh Chapter of the same Session power is also granted them as Delegates for the Pope to transferre the simple livings belonging to ruinated Churches which cannot be repaired by reason of their povertie upon the mother Churches or others in the Diocese having called unto them such as are interested in them howbeit by the same Decretall of Celestine Bishops may submit one Church to another with consent of the Chapter by their owne authoritie without any intervening of the Popes 11 The same Councell in the eighth Chapter of the seventh Session makes Bishops the Popes Delegates for the visitation and reparation of exempted Churches The Ordinaries of the place shall bee bound every year to visite all the Churches even such as are exempted in what kinde soever by authoritie Apostolique and to take order by such remedies as are according to law that those which stand in need bee repaired and that they bee not unprovided of the cure of soules if any have it over them nor of other duties such as shall bee found due It ordaines the like for the Churches which are not within any Diocese in the ninth Chapter of the twentie fourth Session All this derogates from the eleventh Article of the Ordinance of Orleans where it is said That all Abbats Abbesses Priours Prioresses not being heads of the Order together with all Canons and Chapters as well Secular as Regular whether of Cathedrall or Collegiate Churches shall be equally subject to the Archbishop or Bishop of the Diocese so as they cannot helpe themselves by any priviledge of exemption in regard of the visitation and punishment of their crimes By this Ordinance the visitation belongs to the Ordinarie Iurisdiction of Bishops By the Councell it belongs to the Pope and is conferred upon the Prelates as his Commissaries 12 There is yet more which is that by the same Councell the Archbishops and Bishops cannot visit the Churches and Benefices of their Dioceses and take order for the reparation of other things necessary but by virtue of the same Delegation For behold what is ordain'd concerning it in the eight chapter of the twentie first Session It is reason that the Ordinary doe diligentlie provide for all that concernes divine service within the Diocese Wherefore the Monasteries in Commendam the Abbeys Priories Provostships not tied to a regular observance as also the Benefices whether they have cure of soules or no Secular and Regular in what kinde soever of Commendam they bee holden even such as are exempted shall bee visited by the same Bishops as Delegates for the See Apostolique and the same Bishops shall take care by â—onvenient remedies even by sequestration of fruits that necessarie reparations bee made and done By this Chapter the Bishops are deprived of their ordinarie power in case of visitation in as much as they are now made Commissaries in that respect which is contrarie to the ancient custome and the Decree of the Councell of Tarraco registred in Gratians Decret Wee ordaine that the order of ancient custome be observed and that Dioceses bee visited by the Bishops every yeare And if any Church be found destitute that the reparation thereof bee injoyned by his Ordinance Item against the Decree of the fourth Councell of Toledo where it is said That the Bishop ought every yeare to goe over all the Diocese and in every Parish to enquire
â—dicts already alledged 39 And after all this yet this Councell will have the accounts of Colledges so erected to be heard and examined yearly by the Bishop with the two deputies of the Chapter and the other two of the Clergy Which is derogatorie to the Edicts alleadged here before whereby the making of such accounts of building-money and Hospitals is laid upon the Kings Iudges inasmuch as there shall no account bee made to them hereafter of that part of the revenues which shall bee taken out of such buildings and Hospitals to bee imployed to the use of those Colledges and Seminaries but only to the Bishop Wherein there is a very great accumulation of grievances for they to whom it formely belonged to make those accounts ought not to bee deprived of it by meanes of such application of the revenues to another use And suppose that might be admitted yet it were reasonable that those accounts were still made before the Kings Officers at least that the Major and Sherifes of the towne where such houses are and such like persons were called considering that the meanes of Colledges and Schooles is no more spirituall than that of buildings Hospitals and Spittles Especially considering that building-money after the buildings are finished ought to be converted to the reparation of Churches and purchasing of ornaments for them and other works of charity and yet there is never any alteration for that of the parties which are to make the accounts but it is alwaies left to the Officers Royall nor is the Clergie suffered to intermeddle in the accounts of building-money and in case they should attempt there might be put in an appeal as from abuse as it was judged by an Arrest in Iune 1550. And as for the accounts of Hospitals they are to bee made also before the Kings Officers notwithstanding that by the will of the Founder part of the revenues of those Hospitals be designed and appointed for divine service according to an Edict of King Francis ann 1545. And which must bee taken notice of in case the Bishops and other of the Clergy have the right of overseeing the administration of those Hospitals yet they retain unto themselves the hearing of the accounts aswell as Lay Patrons doe Howsoever in such sort that the foure at the least of the most eminent inhabitants of the place or Parish must bee called unto them as it is ordered by the sixt article of the Ordinance of Hospitals made 1561. From which the tenth article of that of Melun 1580 doth no way derogate which must be expounded by the former in that where it is said That the Prelats and Clergy shall be maintained in their right which they have of looking to the administration of Hospitals and Spittles and taking the accounts of their revenues where that must be repeated which is in the precedent Edict The most eminent inhabitants c. being called thereunto forasmuch as this latter aâ—mes at the preserving and confirming the right of the Clergy not at the excluding of the inhabitants of the place or Parish from the hearing of the accounts 40 Lastly the remedy of appeal is not admitted to take place against such decrees as the Bishops shall make for the repairing of Cloysters and Monasteries but they must be forthwith put in execution without all appeal yea and that in such sort that the Secular Magistrates are commanded upon paineâ— of excommunication to assist them In which there are many grievances First in that the Iudges Royall as also the Bailifs and Stewards are deprived of that cognizance which belongs unto them before all others in case of such reparations as we have made it plaine already Secondly in that the Parliaments are deprived of those appeals which would bee made unto them from the inferiour Iudges Thirdly in that no appeal can bee made unto them as from abuse from the sentence of Bishops And fourthly in that the Kings Officers are made lyable to excommunication contrary to that priviledge which hath beene granted unto them and which they have ever enjoyed whereof wee shall speake in another place Now if this Councel take place we must make account that appeals as from abuse are utterly abolished as wee have said already which is a thing that concernes France not a litle inasmuch aâ— it is one of the principall weapons wherewith our Predecessours have foughâ— against the usurpations of the Popes and other Ecclesiastiques CHAP. IV. Of Exemptions 1 ANother meanes which the Councell useth to hooke in to the Pope the jurisdiction over other men are the Exemptions granted to Churches Chapters Corpses Colledges Abbeyes and Monasteries to the prejudice of their lawfull Prelates and Ordinaries the Bishops and Metropolitans Our Trent Fathers knew wel enough and confessed that such exemptions are a cause of much evill for say they They give occasion to the persons exempted to live more dissolutely and more at their libertie This is not all for wee must adde That they take away the reverence and obedience which the exempted owe unto their Prelates and Ordinaries and make them thinke themselves as good men as the Bishops and other their superiours That the correction and punishing of faults and excesses is hereby â—indred and brought to nothing That they are prejudiciall to the whole Church Catholique inasmuch as the exempted cannot bee judged but by the Pope and hee cannot doe it by reason of his remotenesse from them That they rob men of the meanes of doing many good works in religion That they are the cause of many scandals That those to whom they are granted abuse their priviledges That they draw after them the ruine of Monasteries being rather a burthen than an honour or profit to them All these reasons were alleadged by William Durant Bishop of Mende in Gevauldan in the time of Clement the fift to perswade the Generall Councell of Vienna to abolish such exemptions Let us heare what complaints have been made against them at severall times 2 Saint Bernard spoke very freely of them to Eugenius the third in those books which hee dedicated unto him Abbats saith he are exempted from the jurisdiction of their Bishops Bishops from their Archbishops Archbishops from their Patriarchs or Primats Does this manner of dealing seeme good to you It were strange if it could bee excused or if there were any need of it In so doing you shew that you have plenitude of power but perhaps not of justice He speaks yet more of it but this is sufficient 3 Cardinall de Alliaco makes a complaint of them likewise and is of opinion that a course should be taken with them adding That many devout zealous men in the Church have a long time complained of them as Saint Bernard in a booke by him directed to Pope Eugenius and others Iohn of Paris a devine of the Order of Predicants urgeth the same Saint Bernard It is also to bee considered saith he that Saint
Vicechancelours Notaries Registers and Executours their servants and others which have any thing to doe in what sort or manner soever with capitall or criminall causes against Ecclesiasticall persons in banishing or arresting them passing or pronouncing sentence against them and putting them in execution even vnder pretence of any priviledges granted by the See Apostolique upon what causes and in whattenor and forme soever to Kings Dukes Princesâ— Republiques Monarchies Cities and other Potentates by what name and title soever they be called which we will not have to be usefull for them in any thing repealing them all from henceforth and declaring them to bee nullities See here all the Iudges Royall both superiour and inferiour utterly despoyled of the cognizance of criminall causes 8 The twelfth Article speaks on this sort Wee excommunicate all and every the Chancelours Vicechancelours Counsellours ordinariâ— and extraordinarie of all Kings and Princes the Presidents of Chanceries Counsels and Parliaments as also the Atturneyes generall of them and other Secular Princes thogh they be in dignitie Imperiall Royall Duâ—all or any other by what name soever it be called and other Iudges as well ordinarie as by delegation as also the Archbishops Bishops Abbats Commendatories Vicars and Officials who by themselves or by any other under pretence of Exemptions letters of grace or other Apostolicall letters doe summon before them our Auditours Commissaries and other Ecclesiasticall Iudges with the causes concerning benefices tithes and other spirituall matters or such as are annexed to them and hinder the course of them by any lay authoritie and interpose themselves to take cognizance of them in the qualitie of Iudges 9 This is not all for in the following Article hee goes yet further striking a heavie blow at the Ordinances of our Kings Those also which under pretence of their Office or at the instance of any man whatsoever draw before them to their bench Audience Chancerie Counsell or Parliament Ecclesiasticall persons Chapters Covents and Colledges of all Churches or cause them to bee brought in question before them or procure them directly or indirectly under what colour soever beyond the appointment of the Canon law Those also which ordaine and set forth Statutes Ordinances Constitutions Pragmatiques or other Decrees whatsoever in generall or in speciall for any cause or colour whatsoever even under pretence of Apostolicall letters not now in practise or repeâ—â—ed or of any custome or priviledge or any other manner whatsoever or that make use of them when they are made and ordained when by them the Ecclesiasticall libertie is abolished impaired depressed or restrained in any manner whatsoever or who do any prejudice to our lawes and those of our See directly or indirectly implicitely or explicitely 10 See yet another which followes after this Those likewise which doe any way hinder the Archbishops Bishops and other Prelats superiour and inferiour and all other ordinarie Ecclesiasticall Iudges in the exercise of their Ecclesiasticall jurisdiction against any person according as the Canons the sacred Constitutions of the Church the Decretals of generall Councels and principally that of Trent doe ordaine There is further in the same Bull some excommunications against those which appeal from the Popes sentence to Generall Councels Against those that hinder Clergy or Lay men from going to plead at Rome which is a remarkable thing Against Kings and Princes which make the fruits of Ecclesiasticall livings bee sequestred upon any occasion whatsoever which concernes the right of the Crowne Against those which impose any tenths subsidies or other taxes 11 All this is leveld against the rights of the King and the liberties of the Gallican Church I aske now seeing our Popes take upon them to excommunicate our Kings which make ordinances concerning such matters their Officers and Magistrates and all others which practise them whether they will make any conscience of putting forthwith such lawes and ordinances into their Index expurgatorius Let a man goe about to put all the distinctions which hee can devise to save our liberties upon this Councell will not it bee lawfull for the Pope when he shall please to derogate from them to come in with a non obstante Doth not hee in the fore-mentioned Bull repeall all the priviledges granted by the See Apostolique His successours shall not they have the same power that hee hath 12 The other piece which wee promiseâ— shall bee taken out of the privie Counsell which was holden at Rome almost at the same time when the former Bull was sent which was found in the Advocat Davids trunk where it is said That the successours of Hugh Capet to undoe the Church brought in that damnable errour which the French men call the Liberties of the Gallican Church which is nothing else but a refuge for the Waldenses Albigenses poore of Lyons Lutherans and Calvinists at this present And in another Article it is said That all Edicts made within the Kingdome of what standing soever if they bee repugnant to Councels shall be cassed repealed and disanull'd As much as to say al the Edicts concerning the rights of our Kings the good of the Kingdome and the liberties of the Gallican Church which are all abolished and brought to nothing by the Councel of Trent A REVIEW OF THE COVNCELL OF TRENT BOOKE VII CHAP. I. That the Councell of Trent tends to the depression and abasing of the authority of Christian Princes 1 THis redoubted greatnesse to which the Pope is exalted by this Councell doth diminish as much not onely the power of Councels and Clergie-men but also that of Christian Princes These are their spoiles their Scepters their Crownes their justice their soveraigne authoritie their honours and preheminences all this is violently pull'd from them and transferr'd upon another lord In the first place they are depriv'd outright of that power which they have over Ecclesiasticall things and persons due unto them both by divine and humane law The calling of Councels is taken from them the presidence in them the approbation and authorizing of the determinations made in them the nomination election or investiture to the Bishopriques within their Empires and Dominions justice civill and criminall upon the goods and persons and discipline Ecclesiasticall and many other such like things It tacitely approves yea in many things expressely the unmeasured power and dominion which the Popes have usurped upon Kingdomes and Empires upon the election and deposition of Kings and Princes and upon all that belongs unto their state It disanuls their lawes and ordinances and on the contrarie establisheth those of the Popes and condemns all those that have defended their rights All this is handled in the former bookes and it would be impertinent to use repetitions And therefore we send the reader backe thither We will here adde that which remaines to be spoke of that subject 2 They are further grieved inasmuch as the Councell takes upon it more than belongs unto it in point
how bad soever they were as Constantius the Arrian Iulian the Apostat Maximus the tyrant when occasion place and the cause required it c. And they say that the scripture of this age holds that every Kingdome of this world is got by armes and enlarged by victories and cannot be purchased by excommunications from the Popes or other Bishops and they urge that holy Scripture saith that Kingdomes are from the Lord by whom Kings reigne and that by the ministerie of men and Angels he confers them upon whom hee pleases See here are things which without all compare deserve rather to be struck with an Ecclesiastical thunderclap than the giving way unto a Duell or interposing their authoritie in a matter of marriage 4 Now whatsoever others bee our Kings are exempted from such thunders so as neither the Bishops of this Kingdome nor strangers no nor the Pope himselfe have any power over them in this regard Wee have hereof divers testimonies our French men do avouch it in an article which was drawne by them in behalfe of King Lotharius against Pope Nicholas the first who would have excommunicated him for his marriage with Waldrada As hee cannot bee excommunicated say they speaking of the King by his Bishops whatsoever his fact bee so cannot he bee judged by other Bishops 5 Vincent in his allegations after he hath set downe the good deeds of the Kings of France towards the Church saith This is the cause why the Kings of France cannot bee excommunicated by reason of their priviledge else their labour should bee fruitlesse Likewise their souldiers and their men of warre and their Captaines inasmuch as they cannot offend by obeying them These last words must bee understood of an excommunication thundred out against the men of warre for this reason because they fight for their Prince 6 Lancelot Conrade a Lawyer of Millain subject to the King of Spaine saith as much in expresse termes The King of France pretends to have this prâ—viledge that hee cannot bee excommunicated neither by the Canons nor by men As the Doctours collect in the division of the chapter Vbi Periculum in princip de elect in 6. When the Parliament of Paris gave their opinion and all the Chambers met together about receiving the Cardinall d' Amboise and the qualifications that should bee put to his Faculties which was upon the eleventh of December 1501 The lawes of the Land and the liberties of the Gallicane Church were represented at large amongst which this was one That the King of France cannot bee excommunicated that his Kingdome cannot bee put in interdict as is collected out of the ancient Registers 7 Yet notwithstanding alwaies as oft as the Popes have gone about to attempt any such excommunications whether by their owne proper authority or joyntly with Councels they have found strong resistance and the French have got this commendation that they never abandoned their Princes in such conflicts The Histories thereof are knowne to all men and they have been so canvased in divers writings set out during our late troubles that it will bee fitting to overpasse them that wee renew not the memorie of our former miseries We will only say that some Popes have in good sincerity acknowledged this right and prerogative of our Kings yea which is more they have confirmed it by their Buls declaring thereby that the King of France cannot bee excommunicated nor his Kingdome interdicted and amongst others Martin the third and fourth Gregory the eighth ninth tenth and eleventh Alexander the fourth Clement the fourth and fifth Nicholas the third Vrban the fifth and Boniface the twelfth whose Buls are yet preserved in the treasurie of the Kings Charters as divers testifie 8 Pope Benedict th' eleventh partly as it is probable upon this occasion revoked the excommunication which was denounced by Boniface the eight his predecessour against Philip the Faire of his own meere motion and without being desired unto it by any man as Walsingam witnesseth He absolved saith he Philip the Faire King of France from the sentence of excommunication given out against him by his predecessour without being desired to it Wee read the Bull thereof to this day in Mr. Nicholas Gille in his Annals of Aquitain Amongst the testimonies of Popes wee will put that of Sylvester the second for the judgement which he passed before he was preferred to the Popedome and the excommunication which the Pope that then was threatned against the King and some Prelates of this Kingdome See here the place taken out of one of his Epistles which hee writ to the Arch-Bishop of Sens 9 I say confidently and boldly that if a Bishop of Rome hath offended against his brother and will not give eare to the admonitions which should bee divers times given by the Church I say that same Bishop of Rome by the commandement of God must bee accounted as an Heathen and a Publicane For by how much the degree is higher by so much the fall is greater But if hee account us unworthie of his communion forasmuch as none of us will consent with him in that which is against the Gospel hee cannot therefore separate us from the communion of Christ. And presently after We should not therefore give this advantage to our ill-willers as to make the Priesthood which is but one in all places as the Catholique Church is but one seeme to bee subject to one man only in such sort that if hee be corrupted by money or favour or fear or ignorance no man can bee Priest but hee that shall be commended unto him by such virtues as these 10 Whence wee collect that the Popes have no more power over our Kings in matter of excommunications than other Bishops whether of their owne Kingdome or strangers The Courts of Parliament of this Realme and especially that of Paris have alwaies stood out against such excommunications and have declared them to bee frivolous nullities and abusive yea and have proceeded with rigour and severitie against the bearers of them The Arrests given out against the Buls of Benedict the thirteenth the two Gregories the thirteenth and fourteenth are sufficient witnesses hereof Now it is not only true that our Kings cannot be excommunicated but which is more they may absolve such of their subjects as are excluded from the Communion of the Church yea they are accounted to restore them to their former state by the meere admitting of them to their table or into their company This is a thing which wee finde upon record in the Capitularie of Charles the Great in these words If the Royall power doe receive any delinquents into favour or admit them to his table they shall be likewise received into the assemblies of the people and Clergy in Ecclesiasticall communion to the intent that the ministers of God may not reject what the pietie of the Prince doth admit The Prelats of France have observed this law at other times Ivo Bishop of Chartres saith hee
in any sort meddle with any thing that concernes the Church save only so farre forth as they are commanded by them Pope Paul the third serves himselfe of this instance against the Emperour Charles the fift being vexed at some Decrees which were maâ—e concerning Protestants at the Imperiall Diet of Spire ann 1544. Vzziah saith hee was an excellent King and yet for all that became a leper God so punishing his presumption because hee would have burnt incense upon the Altar It is a worke well pleasing to God to have a care of his Churches but that is the Priests office not yours but it belongs especicially to mee to whom God hath given the power of binding and loosing The Kings of these daies must â—ot meddle with the administration of the Sacraments the performing of Ceremonies the preaching of the word nor other such Ecclesiasticall offices But for the ordaining and making of Ceremonies for the reformation of abuses the extirpation of schismes and heresies the politie of the Church and such like things they both may and must look to them and have alwaies done so either by having a hand in them themselves or commanding them to bee done or by confirming the lawes and statutes and ordinances concerning them 8 Wee will here observe by the way that the Emperour the Kings of England and France have a more particular right and priviledge in the Church than others by reason of their Vnction at least if wee take Balsamon the Patriarch of Antioch his words for it who commenting upon the 69 Chapter of the Councell in Trullo saith The Orthodox Emperours that promote the Patriarchs with invocation of the blessed Trinitie and are the anointed of the Lord goe in to the blessed altar when they please and offer incense and imprint the character with a triple wax aswel as Prelates doe yea they teach the people to instruct them And he afterwards adds Forasmuch as hee that is now Emperour is also the Lords anoynted by reason of the Chrisme that is of the unction of the Kingdome and that Christ our God is reckoned for a Priest aswell as others hee is also justly endowed with priestly graces Some are of opinion thâ—t this is the reason that our King of France receives the holy communion under both kinds that hee is served by those Clergy men which are most eminent in dignitie as the Archbishop Cardinals as when the kisse of peace is to bee given in the Church they must bring it him or for saying grace at his table and such like â—ut let us hold on our former course 9 One of the greatest arguments wee have to justifie this power is that Councels themselves have confessed it and have recommended such constitutions to our observation The sixt Generall Synod called in Trullo declares That they obseâ—ve the Canon which was made by their predecessours which sayes thus If any citie by the Emperours power have beene made anew or hereafter shall bee made let the order of things Ecclesiasticall conforme unto the order of Civill and Politique affaires Where Balsamon the Patriarch makes this exposition This present Canon doth ordaine that such cities as are preferr'd by the Imperiall power or hereafter shall bee preferred be honoured by the Churches in such sort as the Emperours commanâ— shall prescribe That is bee accounted Episcopall or Metropolitan Sees For it is fitting the Ecclesiasticall order follow the Civill command We say likewise that by this present Canon the Emperour hath power to erect new Bishopriques and preferre others to the dignitie of Metropolitans and set a forme for the election to them and other administration of them so as hee shall thinke good According hereunto the Primacy of the Church was conferr'd upon Boniface the fourth by the Emperour Phocas He obtained of the Emperour Phocas saith Martinus Polonus that the Church of the Apostle Saint Peter should be the head of all Churches because that of Constantinople did pretend to be the chiefe 10 The Popes have beene so well pleased to receive this Primacy at the hands of Princes that they have even made Constantine the Great speak of it in the fabulous instrument of his donation And giving over that they bragge That the Church of Rome erects Patriarchships Primacies of Metropolitans Bishops Seates and the dignities of all orders of Churches For these are Pope Nicholas the second his own words in his Epistle which he writ to the Milanois which is recorded in the great Decree Which the later Popes kâ—ew well how to practise insomuch that Pope Iohn the twenty second made horrible alterations in our France within a litle time For he erected the Church of Tholouse to an Archbishoprique divided the Diocese of Tholouse into six Bishopriques the Bishops whereof should bee Suffragans to the Archbishop of Tholouse and turned six Villages into Cities to wit Montauban Rieux Lombez Abbey St. Papoul Lavaur and Mirepoix lodging the Bishops in them and erecting the Episcopall Seats there assigning to every oâ—e his proper Diocese He created two Bishopriques within the Archbishoprique of Narbon the first at Limoux whose seat hee translated to Alet not â—â—ng after the second in the Abbey of Saint Pons setting out their Dioceses Hee divided also the Bishoprique of Alby into two and created one at Castres Hee erected divers others besides which are reckoned up in particular â—y the authour of the continuation to Martinus Polonus from whence I borrowed the former passage verbatim But let us returne to our former discourse 11 A certaine Councell of Paris holden under Lewes the Gentle saith that the Church approves and observes a constitution made by the Emperour Iustinian concerning excommunication As concerning unlawfull excoâ—munication saith it the law of the Catholique Emperour Iustinian which the Catholique Church doth observe and approve hath ordained that no Priest shall excommunicate any man till such time as the cause be proved for which the Ecclesiasticall Canons doe command it to bee inflicted This very constitution on Iustinian hath beene followed and allowed by our Popes as they themselves doe testifie in their Books and the addition made unto it by the Glosse is remarkable So for a long time about eight hundred yeares the Emperours made laws concerning Ecclesiasticall persons and affaires and the Church obeyed them This Glosse was afterwards put out because it told too much 12 At the Councell of Meaux held in the yeare 945 it is said That the Capitulary lawes concerning the Church which were made and set out by the great Emperour Charlâ—maine and by the Emperour Lewes be strictly observed as 't is knowne that lawes should bee observed The same Councell intreats King Charles the younger To grant the Bishops a freer libertie for the execution of their ministeries in their Parishes The same Charles the Great had ordained in his Capitulary That to every Church there should bee given onely one entire Manour without any other
Churches he preferres from a lesser honour to a greater as by erecting a Metropolitane Church in stead of a Bishoprique thereby adorning either the virtue of the man or the place And that I may speake in a word save onely the administring of the Sacraments the Emperour represents all the Pontificiall priviledges when hee proceeds in a lawfull and Canonicall way CHAP. VII Of other prejudices concerning the King of France and his kingdome in particular and first of precedence 1 ALL the former discourses are interwoven of the rights and liberties of the Realme of France and the Gallicane Church There remaines yet some few which we could not conveniently ranke elsewhere whereof wee shall speake in this place and shew the prejudice which is done unto them by this Councell The first shall bee about the precedence which belongs unto our Kings before all others which notwithstanding was denyed unto them before him of Spaine and put in compromize not without an apparent blemish to their sacred Majesties The Councell indeed did not judge for the King of Spaine but they declared That they meant not that any prejudice should accrue to such as had not taken their place But inasmuch as they suffered that controversie without passing their sentence upon his side who had both the right and the possession and to whom the Church of Rome is so much beholden This is sufficient cause of complaint Thus another mans right is encroached upon by degrees it is enough at the first that a doubt is made of it hee may in time gaine upon it seeing he is already as it were in a parity The libels which were put in concerning the precedence of the King of Spaine doe sufficiently shew us what prejudice the toleration of a Councell hath done unto our kings But it is expedient that wee relate the whole story of what hath ensued upon it 2 The Count de Luna Ambassadour of King Philip of Spaine when hee came into the Councell the 21 of May 1563 seeing the Ambassadors of France had taken their place immediately after the Emperours went and â—ate downe next to the Secretary of the Councell making this protestation in Spanish Albeit the first place after the Emperours Ambassadours belongs unto me as I am such an Ambassadour both in this place and company and every other which before all things I do here declare and protest yet not to disturbe the things which are here handled nor give occasion to any man to retire I take that place which is assigned unto me using it for the present and will use it so long as I shall thinke fit yet in such sort that I would have every man to know well which I doe here declare and protest that this my modesty and the regard which I have to the wholesome consultations of this sacred Assembly in generall can bee no prejudice to the dignity majesty and right of King Philip my master nor his posterity and that this right shall be no lesse saved and entire unto him for the present or upon other occasions which I would have reserved unto him both in these actions and all other in all other places and at all other times to the intent that they may alwaies prosecute and maintaine these rights and this claime as well as if that place which belongs unto me here and at this time as an Ambassadour of such quality had been granted unto me disclaiming any thing that shall be objected by any man against this my asseveration and protestation so as it be no wrong unto them Which protestation of mine contained in this libel I desire the most holy Fathers may be written and inserted among the Acts of this most sacred Synod and that it may not bee lawfull to publish the Acts without it and a copy thereof to bee given unto mee signed by the Secretary 3 The French Ambassadours without being dismayed at this Rodomontado modestly answered in these termes If we should have sate to day in this Councell in any other place than our ancestors formerly did and even of late in the Councell of Constance and the last of Lateran where they sate next after the Emperours Ambassadours before the Ambassadors of all other Princes and if this new place which the Count de Luna the most illustrious Ambassadour of his Catholique Majesty doth now goe to take out of the ranke of the Ambassadours could bring any prejudice to us or other Ambassadours it were your part most holy Fathers which doe here by your noble oâ—fice represent the Church Catholique to cause us to be ranked in our ancient order or else proceed against us by Evangelicall deâ—unciations But seeing that you are silent in the matter and that the illustrious Ambassadours of his Imperiall Majesty to whom the case is common with us doe not oppose themselves against this innovation we who doe this day preserve the possession of their ancient right unto our Kings amongst the ranke of Ambassadours being placed next to the Ambassadour of his Imperiall Majestie and who make no doubt of the faith amitie and affinitie of Philip the most great and most puissant Catholique King to Charles his brother the most Christian King who is under age wee onely desire of you that you would so conceive of what hath beene done and said this day by the most illustrious Count de Luna that no prejudice may accrue to the ancient prerogative and perpetuall possession of the most Christian King and that you would command that this also be inserted in the Acts. 4 See here the beginning of the quarrell which showes a resolution on the Spaniards part to change his place and gaine the Prioritie Wherein he was backed out by Pope Pius the second who using all the power hee had in this Councell sent a peremptorie command from Rome that the Ambassadours of both the Kings should be censed at the same time Heare what Onuphrius Panuinus saith of it At the Councell of Trent there was a great controversie because the Ambassadours of the two Kings were censed at the same time by speciall command from the Pope Hee saith truly that there was a great controversie for the Lords of Ferriers and Pibrac tooke the Pope up for it with prettie tart termes saying amongst other things as appeares by the Oration delivered toward the end of September 1563. That in stead of bread hee gave his eldest sons Scorpions that they laid the blame of all that was done to their Prince upon him that he robb'd his eldest sonne of the honour which is due unto him that hee arrogated unto himselfe power and authoritie over the Councell that he prescribed unto it what it shall doe that the French will not acknowledge him for Pope and see what they did After that the French Ambassadours had commanded the Prelats of France that they should depart from the Councell they themselves retired to Venice 5 Wee will now set downe some passages out of the
to the contempt of God and prejudice of Princes doe excommunicate as well Lay men as Clerks and deprive them of the Sacraments of the Church because they are either negligent or insufficient to discharge some pecuniarie debts to the paiment whereof within a certaine time they stood civilly bound 14 The Cardinall of Cambray when hee speaks of the reformation of the Church in the time of the Councell of Constance puts the multitude of excommunications among the number of such things as stood in need of reformation Which saith he the Church of Rome hath imposed by her penall Constitutions and especially by some new Decretals and have thundred them out by their Collectours to the scandall of many men by whose example other Prelates doe cruelly smite poore people with excommunications without any consideration and that for light matters as for debts which must necessarily bee provided for seeing it is against all right 15 Nicholas de Clemangiis in his tract of the ruine and reparation of the Church Hence saith he â— those anathema's so oft repeated which were noâ— used in the time of our forefathers but very seldome and that in criminall causes and abhominable wickednesse forasmuch as a man is hereby separated from the communion of the faithfull and given up into the power of Satan But at this present they have proceeded so farre as to use them ordinarily for very pettie matters yea when there is no fault at all 16 The Lawes and Constitutions of our Princes are conformable to the ancient Canons and to all these demands In the Capitulary of Charles the Great it is said That excommunications be not often used nor without cause And in the Ordinance of Orleans that there bee no proceeding to them but in case of crime and publique scandall It is true that in another Ordinance made 1571 they are limited by the forme of the ancient Canons But this is still the same considering that by them there is no place for excommunications Save for grievous faults Wherein there is sufficient occasion of complaint against the Councell of Trent which contrary to all antiquity allowes the proceedings to censures and monitions for matters of no moment CHAP. IX Disposall of the goods of Religious persons Purchases made by Mendicants Leases of Ecclesiasticall meanes Commutations of last wills and testaments 1 THis Councell would furthermore have all the goods which shal be purchased by religious persons after they have maâ—e their profession to bee taken from them and given to their superiour that is to the Abbat or Aâ—besse to be incorporated to the Monastery This derogates from the nineteenth Article of the Oâ—dinance of Orleans where there is one case which ought to have beene excepted Namely when proâ—ession is madâ— before the age of twenty five yeares by males or twenty by maiâ—s for then they may dispose of their portion left them by way of inheritance already fallen unto them or hereafter like to fall either in a direct line or collaterall to the use and bâ—hoofe of such of their kindred as they shall thinke fit and not of the Monastery And to this effect the Ordinance addes we have from henceforth declared them capable of inheriting and making testaments the said profession or any rigour of law or custome to the contrary notwithanding These last words are added by reason of the generall custome of France whereby all religious persons are incapable of inheriting Since that time the Ordinance of Blois alter'd the time of possession and reduc'd it to the age of sixteene yeares yet alwaies retaining the same rule for as much as concernes successions 2 The same Councell hath made two Decrees very unlike one to another By the one It commands all Regulars as well men as women to compose and conforme their life to the rule whereof they make their profession as the particular vow of Obedience poverty and chastity By the other It gives leave to Mendicants except the Fryers of St. Francis the Capuchins and Fryers Minorites to possesse immoveable goods even to such as are prohibited by their Orders According hereunto the States holden at Blois in the yeare 1576 Vpon the eighteenth of December came a Iacobin to preferre a petitionâ— that according to the Councell of Trent Mendicants might be allowed to possesse immoveables but it was answered they would advise upon his petition by making a generall order for it 3 It is a long time since they procured Bulls from Rome derogatory to their first rules and institutions which they call Mare Magnum but they were never received in France One of our French Doctours prayes to God that hee would take care that this great Sea become not the devils pond The goodliest possessions are at this day in the hands of the Clergy and that in such abundance that some great Doctours have beene of opinion that they ought to bee taken from them And in very truth if they may be allowed to purchase there is no doubt but within a very little time the Clergy wil get all into their hands and will have all the layitie onely for renters and farmers of their goods Howsoever notwithstanding all their dispensations they have in France beene alwayes kept to their ancient abstinence And of this matter there is an Arrest of the Parliament of Paris in the Collection of Gallus given out upon the Vigils of our Lady 1385 against the foure Orders of Mendicants wherein it was said that the Provost of Paris did ill to judge as he did who had condemn'd the heires of Isabel de Bolayo to pay twenty pound Paris of yearely rent to every one of the said Orders to bee received by the said Mendicants for certaine houses in Paris which she had given them to have and to hold for them and their successours for ever Their suit was declared irreceivable into the Court and they condemned to pay charges Gallus gives this reason Because such Donation was contrary to the substance of their Order I have an ancient copie of the Arrests of this Parliament concerning the King and the temporall justice where the fact is related otherwise yet so as the substance is much alike Betwixt the Fryers Mendicants plaintiffes of the one partie and Isabel de Palais inheretrix of Ioan Paumer defendresse on the other party By an Arrest of the Court it was said that the Provost of Paris had not judged right and the said Isabel did well to appeale for as much as he had condemned her to pay and to deliver to each of the said two orders namely the Predicants and the Carmelites twenty pound rent given to them by legacy together with the Improvements and arrerages which should be raised of it and the charges And had determin'd the contrary for the other two Orders because they had not exhibited their titles And it was said by the same Arrest that the said Mendicants ought not to be admitted in the suit which