themselues with spirituall weapons and that their diligence may haue both beginning and progresse from the grace of God it determineth to begin from the confession of faith imitating the examples of the Fathers who in the principall Councels in the beginning of the actions haue opposed that buckler against the heresies and sometimes haue conuerted the infidels ouercome the heretikes with that alone in which all that professe Christianitie doe agree And here the whole was repeated word by word without adding any other conclusion And the Archbishop asked the Fathers whether the Decree pleased them All answered affirmatiuely b 〈…〉 some with conditions and additions of no great moment yet such as displeased the Cardinall of Monte who liked not they should descend to particulars in the Sessions fearing that when some matter of weight was to bee The eighth of Aprill is appointed for the next Session treated of some inconuenience might arise Afterwards the other Decree was read intimating the Session for the eighth of Aprill alleadging for a cause of the delay that many Prelates were in a readinesse to come and some were in the iourney and for that the deliberations of the Synod will be more esteemed when they shall bee strengthened by the counsell and presence of of more Fathers yet so as that they would not deferre the discussion and examination of what seemed fit to be handled presently The Court of Rome who stood all amazed at the very name of reformation was well pleased to heare that the Councell entertained it selfe in preambles hoping that time would bring foorth some remedie And the Courtiers that had intemperate tongues exercised their gibing publishing diuers bitter Pasquins as then the custome was in all accidents some commending Pasquins made against the Session the Prelates assembled in Trent for making a most noble decree worthy of a generall Councel and some exhorting them to vnderstand their owne worth and knowledge The Legates in giuing the Pope an account of the Session held sent also aduise that it would be hard to oppose and ouercome those who desired to finish The Legates giue the Pope an account of the Session the title with the representation of the Church vniuersall yet they would endeauour to remooue the difficulties But that it was impossible to entertaine the Prelates any more without comming to and doing some essentiall matter and therefore that they expected the order and instruction which they so often had demanded That for their parts they thought it fit to handle those points of the holy Scripture which were in controuersie betweene them and the Lutherans and the abuse brought into the Church in that matter which things would much satisfie the world and offend no man and they would expect an answere for this there beeing space enough to examine those matters and many occasions to driue out the time vntill the beginning of Lent But though the Councell was then opened and still celebrated the affaires of Germanie continued the same In the beginning of the yeere the Elector The affaires of Germanie continue the same And the Palatine embraceth the reformed religion Palatine brought in the vse of the Chalice the popular tongue in publique prayers the marriage of Priests and other things which were reformed before in other places And those that were appointed by the Emperour to bee present in the meeting to finde out a way to compose the differences of Religion met together at a Colloquie in Ratisbon The Emperor deputed for Presidents the Bishop of Eicstat and the Conte of Furstemberg but no good fruit grew thereof by reason of the suspicions which one part conceiued against the other and because the Catholikes omitted no occasions to giue greater iealousies to the other side and to faine them of their owne which finally made the Colloquie to dissolue The fifteenth of February Martin Luther died also These newes being Martin Luther dieth sent to Trent and Rome there was not so much griefe for the change of Religion in the Palatinate as ioy that the Colloquie succeeded not well but tended The Romanists reioyce at his death and at the dissolution of the Colloquie without fruit to dissolution and that Luther was dead The Colloquie seemed another Councell and gaue great iealousie because if any thing had beene accorded they saw not how the Councell could after reiect it and if it had beene accepted it would seeme that the Councell receiued lawes from another place And by all meanes the Colloquie being on foote and the Emperours ministers there present it brought small reputation to the Councell and the Pope The Fathers in Trent and the Court in Rome conceiued great hope seeing that so potent an instrument to contradict the doctrine and rites of the Church of Rome was dead who was the principall and almost the totall cause of the diuisions and innouations introduced and held it for a presage of the good successe of the Councell and the rather because that death was diuulged throughout Italy with many prodigious and fabulous circumstances which were ascribed to miracle and the vengeance of God though there were but the vsuall accidents which doe ordinarily happen in the deaths of men of sixtie three yeeres of age for in that age Martin Luther Fables raysed vpon Luthers death died But those things that happened afterwards euen vntill our age haue declared that Martin was onely one of the meanes and that the causes were more potent and secret The Emperour beeing arriued in Ratisbon complained grieuously that The Emperors letters concerning the Colloquy were laughed at the Colloquie was dissolued and wrote letters thereof throughout all Germany which were laughed at because it was too much knowne that the separation was wrought by the Spaniards and Friars and by the Bishop of Eicstat whom hee had sent And when the workemen are knowne it is not hard to iudge whence the beginning of the motion doth proceed But the wise Emperour was willing to vse the same thing to satisfie the Pope and the Councel and to finde an occasion against the Protestants which the euent shewed to bee true For the same complaints beeing renewed in the Diet and meanes of agreement beeing sought by those that were assembled the Ministers of Ments and Triers separating themselues from the other Electors and adhering to the other Bishops approoued the Councell and desired the Emperour to protect it and to cause the Protestants to be there and submit themselues to it But they did resist and remonstrate that that Councell had not those qualities and conditions so often promised and desired that the peace might bee kept and the differences in religion accorded in a lawfull Councel in Germanie or in an Imperiall Diet. But in the end the maskes The prouisions for warre were knowne were remooued and the prouisions for war could no longer be hid whereof mention shall bee made in its proper place The Pope considered very much of the
perseuere without the speciall assistance of GOD or cannot with it 23. That the iust cannot sinne or can auoyde all veniall sinnes without a speciall priuiledge as the Church holdeth of the Virgin 24. That iustice is not preserued and increased by good workes but that they are fruits onely or signes 25. That the iust sinneth mortally or venially in euery worke 26. That the iust ought not to expect a reward for his good workes 27 That there is no mortall sinne but infidelity 28 That grace being lost faith is lost also or that the faith remayning is not true nor of a Christian 29 That man sinning after baptisme cannot be lifted vp by the grace of God or may recouer it by faith onely without the Sacrament of penanace 30. That euery fault and punishment is wholly remitted to euery penitent man there remaning no temporall punishment to bee indured in this life or in Purgatorie 31. That the iust sinneth if hee doe good onely in hope of an eternall reward 32. That the good workes of the iust are the gifts of God and are not withall the merits of the iustified 33. That this doctrine is derogatory to the glory of God and merits of CHRIST or that their glory is not made more illustrious by it When I had made this short narration of the Decree I began to thinke it superfluous seeing all the decrees of that Councel are printed in one volume The authors reason why he rehearseth the decrees though they be printed in a volume apart and in euery mans hands and that in the composition of the Actes that follow I might referre my selfe to that booke and I was about to teare this leafe But considering that some might desire to reade the whole continuation in one booke only and that if any thought it better to see the originall hee might omit this mine abbreuiation I resolued not to change but to obserue the same stile in the matters following and the rather because I am grieued when in Zenophon and Tacitus I see the narration of things most knowen to their times omitted which remaineth vnknowen to mee because there is no meanes to know it againe and I hold it for a maxime that one ought neuer to referre himselfe to another Therefore I come to the summe of the Decree of reformation Which did containe in substance 1. That the Synod being willing to The Decree of reformation amend the depraued manners of the Clergie and people thought fit to begin with the gouernours of the greater Churches Therefore trusting in God and his Vicar on earth that that charge shall be giuen to worthy men exercised from their youth in Ecclesiasticall discipline it doth admonish them to performe their duety which cannot bee executed without residing in the place where it is to bee done Yet many leauing the flocke and care of the lambes wander in Courts and apply themselues to secular businesse Therefore the Synod doth reuiue all the ancient Canons against non-residents and doth constitute besides that euery gouernour of a Cathedrall Church of what title or preeminencie soeuer who shall remaine sixe moneths together out of his Diocesse without a iust and reasonable cause shall lose the fourth part of the reuenues and if he perseuere sixe moneths more shall lose another fourth part and the contumacie increasing the Metropolitane vpon paine of not entring into the Church for three moneths shall delate him to the Pope who by his supreame authoritie may inflict greater punishment or prouide the Church of a more profitable Pastor And if the Metropolitan shall likewise offend the most ancient Suffragan shall bee bound to denounce him 2. But others inferiours to Bishops tyed to residence either by law or custome shall be compelled thereunto by the Bishops abrogating euery priuiledge which giueth a perpetuall exemption from residing But dispensations granted for a time for a reasonable cause true and prooued before the Ordinary shall remaine in force and the Bishop as Delegate of the Apostolike Sea shall take care that a sufficient Vicar bee prouided for the charge of soules with a conuenient portion of the reuenues notwithstanding any priuiledge or exemption 3. Beside that no Clerke by personall priuiledge or regular dwelling out of the Monasterie by priuiledge of his order shall bee exempt from beeing punished if hee offend or visited or corrected by his Ordinary 4. Likewise that Chapters of Cathedrall and other Collegiate Churches shall not by vertue of exemption customes oathes and agreements bee freed from the visitation of their Bishops and greater Prelates when there shall be neede 5. In fine it did ordaine that no Bishop might exercise Pontificall actes in the diocesse of another by pretence of priuiledge without his leaue and The next Session to bee held the third of March. onely ouer his subiects And the day of the next Session was appointed the third of March. In Rome the Decree of faith ministred no matter of discourse in regard it was not new as well because it had beene seene and examined publikely as hath beene sayd as because all men knew that the Germane opinions were to bee condemned But the Court Bishops who had beene afraid a long time of the Article of residencie which was handled did rest content assuring themselues that the Decree of the Councell could worke no greater effect then the Popes Decretals had done before But the inferiour The inferiour Courtiers are discontented with the reformation Courtiers were discontented seeing the Bishop had power to compell them They lamented their owne misery who were to serue all their life to gaine their liuing and after so much paines taken for a reward must be confined in a village or by a base Canonry subiected to a greater slauery in obeying the Bishops who will not onely keepe them as it were tied to a stake but with visitations and pretence of corrections will bring them to a miserable subiection or hold them in perpetuall vexations and charge But elsewhere and especially in Germanie when the Decrees were seene The Decrees are censured in Germany that of faith was more spoken of which must bee read ouer and againe with much attention and speculation because it could not bee vnderstood without a perfect knowledge of the inward motion of the mind and without knowing in whom it is actiue in whom passiue things most subtile and for the diuers appearance they make euer accounted disputable all the doctrine of the Councel turning vpon this hinge whether the first obiect of the will worke vpon the will or the will vpon the obiect or whether they bee both actiue and passiue Some pleasant wits said that if the Astrologers not knowing the true causes of the celestiall motions to salue the appearances haue inuented Eccentriques and Epicicles it was no wonder if the Councell desiring to salue the appearances of the super-celestiall motions did fall into excentricitie of opinions The Grammarians did not cease to admire and scoffe
who maintained residencie to be by the Law of God sayd that Pluralitie was forbid by the same Law and therefore that the Pope could not dispenâ—e others said it was forbid by the Canons onely The Legates did hardly appease the contradiction and held it dangerous as well for setting on foote the point of residencie as because it touched the Popes authoritie though hee was not named and the rather because that subtill discussion of the force of them did put them all in hazard There being much confusion Diego di Alano Bishop of Astorga said that in regard they could not agree about Dispensations they should prohibite Commendaes and Vnions which are pretences to palliate the abuse and hee spake much against the one and the other Hee sayde that Vnions and Commendaes for terme of life were full of absurdities because by them it was confessed that regard was not had of the good of the Church but of the person that they were most scandalous to the world inuented a little before to satiate auarice and ambition and that it was a great indignitie to maintaine an abuse so pernicious and notorious But the Italian Bishops who were for the most part interested in one of these did not willingly heare such absolute propositions thinking fit some prouision should be made against them but not such as should take them quite away In the beginning of February the Topes answere and Bull came from The Pope sendeth a Ball to the Legats which displeaseth them Rome which the Legates thought was too ample But yet to make vse of it they proposed the matter againe causing the same determination to bee repeated by their adherents that in regard of the difficulties and varietie of opinions it were good to free themselues and referre all to the Pope The Imperialists euen those who formerly seemed not auerse did now strongly reply and said it was not honourable for the Councell To which opinion the maior part inclined returning to that which was said before and raysing a greater confusion in so much that the Legates saw that they could not make vse of the Bull and wrote backe that they were out of hope to remit the whole reformation to his Holinesse nor more then that which is proper vnto him that is the moderation of the Dispensations and Priuiledges and Reformation of the Cardinals which if hee were resolued to make it were good to vse preuention and to publish a Bull in Rome vnder the name of the Reformation of the Court. For no man could say that the Pope was not to reforme his owne Court and that which belongeth to himselfe Neither was it necessary to publish this Bull in the Councell which if it did handle all other matters would bee fully satisfied And they aduertized his Holinesse that the Synode would neuer bee quiet vntill prouision were made not onely against the future but also against the present grants which are scandalous When the Congregation was ended the Spanish Prelates with their followers to the number of twentie the Cardinall Pacceco beeing the chiefe The Spaniards doe desire that the maner of proceeding in Councell should bee changed did vniformely conclude that as the Congregations were caried no firme resolution could bee made For all the good that was spoken was either dissembled by him who gouerned the actions or obscured by contentions Therefore that it was necessary to change the manner and to giue their demands in writing that so they may come to a conclusion And they made a Censure vpon the points proposed and put it in writing presenting it to the Legates in the Congregation held the third of February The Censure conteined eleuen Articles 1. That betweene the quality of Bishops and Parish-Priests all those conditions should bee put which are The Spanish Censure set downe in the last Lateran Councell it seeming that too large a gate is opened to Dispensations which are necessarily to bee now quite remooued by making a more strict Reformation in regard of the heresies which they cause and the scandals which they giue to the world 2. That it bee plainely specified that Cardinals are bound to reside in their Bishoprikes sixe moneths in the yeere at the least as formerly hath been commanded to other Bishops 3. That the residencie of Prelates bee first declared to bee iure diuino 4. That the Pluralitie of Cathedrall Churches bee declared to bee a great abuse and euery one admonished specifying the Cardinals also to bee content with one onely and to quit the rest within some short time and before the Councel ende 5. That the Pluralitie of the lesser Churches bee taken away prohibiting it not onely for the future but for the time past also reuoking all Dispensations granted not excepting Cardinals or others but for iust and reasonable causes to be produced and proued before the Ordinarie 6. That Vnions for life euen those that haue been made long since bee all reuoked because they induce Pluralitie 7. That euery one who hath a Benefice with cure or other Benefices which require Refidencie bee depriued if hee reside not without any Dispensation to bee granted but in cases permitted by the Law 8. That whosoeuer hath a Benefice with Cure may bee examined by the Bishop and being found to bee illiterate vicious or otherwise vnfit may bee depriued and the Benefice giuen to one that is worthy by a rigorous examination not at the will of the Ordinaries 9. That hereafter Benefices with Cure bee not giuen before examination and inquisition 10. That none bee promoted to a Cathedrall Church without processe to be made in Partibus at the least concerning his birth life and manners 11. That no Bishop may ordaine in the Diocesse of another without leaue of the Ordinarie and in that case may ordaine persons of that Diocesse onely The Legates were troubled not onely for that many Articles were set The Legates are troubled with the 〈…〉 ter of the 〈…〉 the manner on foote all ayming to restraine the authoritie of the Pope and make that of the Bishops greater but for the importance of the beginning to giue their petitions in writing and because many were ioyned in the same demand not shewing what their meaning was but onely alleadging the weight of the things proposed They tooke time to thinke of it saying they would not bee idle in the meane while but establish other points of Reformation And giue the Pope a â—â—ct account of all They gaue the Pope a strict account of all things past adding that the Prelates did euery day take more libertie not refraining to speake of the Cardinals without respect and to say openly that it was necessary to moderate them and with small reuerence of his Holinesse that hee gaue nothing but words and vsed the Councell to keepe the world in hope and not to make a true Reformation that hereafter it would bee hard to keepe them in order because they had many priuate assemblies
and that they should speake as vnderstanding the matter not as they seemed to doe by custome and habite of the Schooles Diuers draughts were made by both sides to expresse these mysteries and some were composed by taking some thing from either partie But none gaue satisfaction especially to the Nuncio Verona who was the principall Superintendent in this matter It was determined in the generall Congregation to vse as few words as was possible and to make an expression so vniuersall as might bee accommodated to the meaning of both parties and the care heereof was committed to some Fathers and Pheologues with the superintendencie of the foresaid Nuncio In the end of this Congregation it was proposed that a collection should The abuses occurring therein rre noted be made of the abuses occurring in this matter with remedies against them and in the Congregations following many were recounted That in some particular Churches the Sacrament is not kept and in others is kept very vndecently That when it is carryed in the streeâ—e many doe not kneele to it and some scarce vouchsafe to put off their caps That in some Churches it is kept so long that it becommeth putrified That in administring the holy Communion great indecencie is vsed by some parish Priests who haue not so much as a cloath for him that communicateth to hold in his hand That which is of most importance the communicants doe not know what they receiue nor are instructed of the dignity and fruit of this Sacrament That Concubinaries Concubines and other enormous sinners and many who know not the Pater noster and Aâ—â—e Maria are admitted to the Communion That money is demanded at the Communion in the name of almes and which is worse there is an vse in Rome that he who is to communicate doeth hold a burning candle in his hand with money sticking in it which together with the candle after the Communion remayneth to the Priest and he that beareth not a candle is not admitted to the Communion To remedie part of these and other abuses flue Canons were made And fiue Canons made to redresse them which had a faire proheme In which it was constituted that the Sacrament beeing lifted vp on the Altar or carryed by the way euery one should kneele and vncouer his head That the Sacrament should bee kept in euery Parish Church and renewed euery fifteene dayes and haue a lampe burning before it night and day That it bee carryed to the sicke by the Priest in an honourable habite and alwayes with light That the Curates teach the people what grace is receiued in this Sacrament and execute against them the penalties of the Chapt. Omnis Vtriusque sexus That the Ordinaries should haue care of the execution chastising the transgressours with arbitrary punishments besides those which are set downe by Innocentius the third in the Chapt. Statuimus and by Honorius the third in the Chapt. Sane The reformation was handled at the same time when there was disputation in matter of faith but by other Congregations in which the Canonists did assist which discussions not to interrupt the matter I haue brought all together to this place And because the purpose was to reforme the Episcopall iurisdiction this place requireth for the vnderstanding of what will be sayd vpon this and many other occasions hereafter that the originall should bee declared and how beeing mounted to so great power it became suspected to Princes and terrible to the people CHRIST hauing commanded his Apostles to preach the Gospel and administer the Sacraments hee left also to them in person of all the faithfull this principall precept To loue one another charging them to make peace betweene those that dissented and for the last remedie giuing the care thereof to the body of the Church promising it should bee bound and loosed in heauen whatsoeuer they did binde and loose on earth and whatsoeuer two did aske with a common consent should bee granted by the Father In this charitable office to giue satisfaction to the offended and pardon to the offender the Primitiue Church was alwayes exercised And in conformity of this Saint Paul ordayned that brothers hauing ciuill suites one against another should not goe to the Tribunals of the Infidels but that wise men should be appoynted to iudge the differences and this was a kind of ciuill Iudgement as the other had a similitude of a criminall but were both so different from the iudgements of the world that as these are executed by power of the Iudge who enforceth submission so those onely by the will of the guilty to receiue them who refusing them the Ecclesiasticall Iudge remaineth without execution and hath no power but to foreshew the iudgement of GOD which according to his omnipotent good pleasure will follow in this life or the next And indeed the Ecclesiasticall iudgement did deserue the name of charitie The Reformation is handled at the same time with the Doctrine but in diuers Congregations in regard that it only did induce the guilty to submit and the Church to iudge with such sincerity that neither in the one any bad effect could haue place nor iust complaint in the other and the excesse of charitie in correcting did make the corrector to feele greater paine then the corrected so that in the Church no punishment was imposed without great lamentation of the multitude and greater of the better sort And this was the cause A discourse of the Authour concerning 〈…〉 opall Iurisdiction why to correct was called to lament So Saint Paul rebuking the Corinthians for not chastising the incestuous said You haue not lamented to separate such a transgressour from you And in another Epistle I feare that when I come vnto you I shall not finde you such as I desire but in contentions and tumults and that at my comming I shall lament many of those who haue sinned before The iudgement of the Church as is necessary in euery multitude was fit that it should be conducted by one who should preside and guide the action propose the matters and collect the points to bee consulted on This care due to the most principall and worthy person was alwayes committed to the Bishop And where the Churches were many the propositions and deliberations were made by the Bishop first in the Colledge of the Priests and Deacons which they called the Presbyterie and there were ripened to receiue afterwards the last resolution in the generall Congregation of the Church This forme was still on foote in the yeere two hundred and fiftie and is plainely seene by the Epistles of Cyprian who in the matter concerning those who did eate of meates offered to Idols and subscribe to the Religion of the Gentiles writeth to the Presbytery that hee doeth not thinke to doe any thing without their counsell and consent of the people and writeth to the people that at his returne hee will examine the causes and merits thereof in their presence
prudence and wisedome hath compassion and yeeldeth to euery one They said they saw no considerable reason adduced by the others but onely that the Lutherans would say that they had prooued that the Church hath erred and would make other demands But hee is deceiued who beleeueth that a Negatiue will make them hold their peace They haue sayd already that an error hath beene committed they will say hereafter that obstinacie is added to it and where humane ordinations onely are in question and alteration will not seeme strange nor misbeseeme the Church Who knoweth not that the same thing cannot agree to all times that there are innumerable Ecclesiasticall rites established and abolished and that it is not against the honor of the Councell to haue beleeued that a rite hath beenegood which experience hath shewed to be vnprofitable To perswade ones selfe that this demand will beget others argueth too much suspicion and desire of aduantage but S. Paul saith that simplicitie and christian charitie doth not thinke euill beleeueth euery thing supporteth all hopeth well It belonged to these onely to speake of the first Article because those of the absolute negatiue had nothing to say of it But these were diuided into two opinions One which was the more common that it should be graunted vpon such conditions as Paul the third did grant it of which wee haue spoken in their place The other of some few that if they would graunt the Cup to make them stand fast in the Church who now doe stumble it is meet so to temper it as that it may produce the effect desired which those conditions cannot doe yea would vndoubtedly make them fall headlong into Lutheranisme It is certaine that the penitent man ought rather to choose any temporall euill then to sinne yet Caietan gaue counsell not to come to any specificall comparison and say that it is better to bee put to death with pincers or vpon the wheele c. because by this meanes one should tempt himselfe without necessitie and fall from a good disposition presenting horrours to himselfe to no purpose So in the present occasion these ambiguous men when the Councels fauor shall bee brought vnto them will rest satified and thanke GOD and the Church and will thinke no more of it strengthening themselues by little and little It is the precise commandement of S. Paul to receiue the weake in faith not with disputations or prescribing them opinions rules but simply expecting opportunitie to giue a more ample instruction Hee that should now propose a condition in Germanie to beleeue this or that would trouble them much while their mindes doe wauer so that thinking whether they ought to beleeue it or not they will fall into some errour on which they world not otherwise haue thought To this reason they added that howsoeuer it is maintained that the Church hath for iust causes taken away the Cup if afterwards it doeth grant it vpon other conditions without prouiding against those inconueniences for which it was first remooued it is confessed that it was taken away without cause Therefore they concluded that it was fit to constitute for conditions all the remedies to the inconueniences which first caused the prohibition that is that the Cup should neuer be carried out of the Church and that the bread onely should be sufficient for the sicke that it should not bee kept to take away the danger of sowernesse that they should vselittle pipes to auoid effusion as formerly was done in the Romane Church This being done it will appeare that the prouision was first made vpon good reason reuerence will be stirred vp people and Princes will be satisfied and the weake will be tempted no more A Spaniard said that it was not so easily to be beleeued that the Catholiques did with such heat of deuotion desire the Cup and therefore that it were good to send into Germanie to be informed who they be that demand it what their faith is and what be their motiues that the Synod receiuing the relation may haue a foundation to proceed on and not ground an selfe vpon the words of other In the sixt Article they al expressed themselues in few words because there was not much to be said For the Eucharist not being a Sacrament necessarily and Saint Paul commanding that he who is to receiue it should examine himselfe whether he bee worthy it doeth plainely appeare that it cannot be administred to any that hath not the vse of reason and if the contrary hath beene practised in ancient times it hath beene where and when the trueth was not so well declared as now it is Therefore the Synod ought to determine that the present vse should bee maintained Some well obserued that they ought to speake of Antiquitie with more reuerence and not say that they wanted the knowledge of the Trueth Desiderius a Carmelite Friar of Palermo had an opinion by himselfe that the Article ought to be omitted saying that the difficultie being not mooued by the Protestants of these times it was not good by handling of it to set a nouitie on foot that the matter was probable on both sides and that when it should be knowen that it was handled in the Councel it would excite the curiositie of many to thinke on it giue them occasion to stumble For some might be persuaded to beleeue that the Eucharist is a Sacrament of necessitie as well as Baptisme because the ground of that are the words of CHRIST He that shall not be borne againe of water and the Spirit shall not enter into the Kingdom of heauen and of this If ye eate not my flesh and drinke my blood yee shall not haue life And the exception of children cannot plainely be grounded vpon the precept of S. Paul to examine our selues which children cannot doe because the Scripture doth likewise command that an instruction in the doctrine of Faith ought to precede Baptisme which if it be applyed to men of age without excluding children of baptisme who cannot learne the examination preceding the Eucharist may also be applyed to men of discretion without excluding children from it His conclusion was that hee did approoue the vse not to giue them the communion but would not haue the Councell to handle that which no man opposeth The congregations of the Diuines being ended the Legats did incline to The Legats doe incline to graunt the Cup to Germany grant the Cup to Germanie with the conditions of Paul the third and some more and consulting with their inward friends framed decrees concerning the first fourth and fifth points deferring the others vntill they had better considered how to auoid the difficulties concerning them related by the Diuines And calling a congregation of the Prelates they demaunded whether the three decrees should be proposed that they might speake their opinions of them in the first congregation Granata who had found the Legats intention and was most opposite to the grant of the
their desire to hold the Session taught them patience They sate downe againe with the distaste of many Prelates especially the Courtiers The Bishop causing the point of the distributions to bee read sayd that it seemed to him a hard thing that power should be giuen to the Bishop to take the third part of the Prebends and conuert them into distributions that formerly all was distributions and that Prebends crept in by abuse that Bishops had authoritie to infringe bad customes that it was not iust that the Councell by giuing the Bishop a third part of the authority which hee hath should take two thirds from him Therefore hee desired it should bee declared that the Bishops haue ample power to conuert into distributions as much as they thinke conuement The Archbishop of Prague confirmed this opinion with other reasons and the Spaniards seemed by their countenance to giue consent The Cardinall of Who maketh a speech vnto them concerning distributions Mantua hauing much commended the pietie of those Bishops affirmed that it was a point worthy to bee consulted on by the Synod and promised in the name of the Legates whose consent he first had that it should bee spoken of in the next Session The sixteenth day beeing come the Legats Ambassadours and Prelates went to the Church with the vsuall ceremonies The Sermon was made by A Session is held The Bish of Tiniana preacheth the matter of whose sermon was the Cōmunion of the Cup and Residence the Bishop of Tiniana who howsoeuer hee was resolued not to speake then of granting the Chalice did not forbeare to take that matter onely for his subiect and to discourse that the vse of the Chalice was common so long as the heare of charitie did endure but that decreasing and inconueniences succeeding by the negligence of some the vse thereof was not interdicted but onely it was taught that those who could hardly auoyd irreuerence should lesse offend if they did abstaine from it whose example in progresse of time others did follow that they might not tie themselues to diligence In the first he commended the memorable example of pietie and blamed the impietie of the moderne innouators who to haue it haue kindled so great a fire He exhorted the Pathers to charitie and to extinguish the flame and not to suffer all the world to burne by their default to condescend to the imbecillitie of their children who demand nothing but the blood of CHRIST He admonished them not to cast away so many Prouinces and Kingdomes to spare so small a matter that seeing that blessed blood is sought with so earnest a desire they would not feare the former negligence for which it was omitted but grant it that CHRIST would not haue them so obstinate in their owne opinion as to maintaine so pernicious a discord amongst Christians for that blood which himselfe shed to vnite them in a most strict bond of charity Hee passed dexterously from that matter to an exhortation to residence and concluded with the distaste of the others who desired to haue those matters buried in silence When the ceremonies were ended the Masse-Bishop read the doctrine The doctrine is read contained in four heads expressed in foure heads containing in substance That the Synod in regard of many errors which goe about concerning the Sacrament of the Eucharist hath determined to expound that which belongeth to the Communion SubVtraque and of children prohibiting all the faithfull to beleeue teach or preach otherwise Therefore according to the iudgement and custome of the Church it doth declare that the Laickes and Clerkes who doe not say Masse are not bound by any diuine precept to communicate Sub Vtraque and that it cannot be doubted without preiudice of faith that the Communion vnder one kinde is sufficient that howsoeuer CHRIST hath instituted and giuen the Sacrament vnder two kindes it cannot be inferred from hence that all are obliged to receiue it so nor from the speech of our LORD related in the sixt Chapter of Saint Iohn where although there be words which name both kinds yet there be also which name that onely of bread Besides it doth declare that the Church hath euer had power to make a mutation in the dispensation of the Sacraments so long as the substance remaineth Which may bee drawen in generall from the wordes of Saint Paul that the Ministers of Christ are dispensers of the Mysteries of God and particularly in the Eucharist concerning which power is reserued to it to giue order by word of mouth That the Church knowing this her authority howsoeuer the vse of both kindes was frequent from the beginning yet the custome beeing changed for iust causes hath approued that other to communicate with one onely which no man can change without the authoritie of the same Church it doeth declare besides that All CHRIST is receiued vnder either of the kindes and the true Sacrament and that hee who receiueth one onely is not defrauded of any Grace necessary to saluation as concerning the fruit thereof Finally it doeth teach that children before the vse of reason are not bound to Sacramentall Communion because Grace cannot bee lost in that age not condemning antiquity for the contrary custome obserued in some places because it is to be vndoubtedly beleeued that they haue done it not for necessitie of saluation but for other probable causes In conformitie of this doctrine foure Anathematismes were read 1. Against him that shall say Foure Anathematismes are read that all the faithfull are bound by diuine precept or necessitie of saluation to receiue both the kindes in the Eucharist 2 That the Church hath not had iust causes to communicate the Laickes and the Clerkes who doe not celebrate the Masse with the kinde of Bread onely or that it hath erred herein 3. Against him that shall denie that All CHRIST the Fountaine and Author of all graces is receiued vnder the bread onely 4. Against him that shall say that the Communion of the Eucharist is necessary for children before the vse of reason After this another Decree was read also saying that the Synode will examine with the first occasion and define two other Articles not discussed as yet that is Whether the reasons for which the Church hath communicated vnder one kinde are good still so that the Cup ought not to A Decree is read concerning two points to be handled hereafter be granted to any and in case it doeth appeare that it may be granted for honest causes with what conditions the grant is to be made During the time of the Masse Alfonsus Salmeron and Franciscus della Torre Iesuites discoursed the one with Varmiense and the other with Madruccio as they stood behinde their seats that in the first point of doctrine the matter of the institution of the Sacrament vnder both kindes is obscurely expressed and that it is necessary to speake plainly and say that CHRIST did institute it for his Apostles and
those that say Masse onely and not for all the faithfull that it was necessary to insert this clause to remooue all doubt from the Catholiques and all occasion of opposing and calumniating from the heretikes that they as Diuines sent from the Pope could not forbeare to giue their aduice in a matter of so great importance and were both so earnest especially Salmeron who talked with Varmiense that the reading of the Decree being ended Varmiense first and then Madruccio made the proposition which pleased many but was reiected by the greater part not for its owne sake but for the manner of proposing it on the sudden without allowing time to consider on it It did not please the other Legats for the same cause also yet in regard of the honour of the place they said without any adoe that it should be reserued to the next Session in the handling of the two next Articles Afterwards the nine points of reformation were read That for collation of Orders Dimisories Testimonials Seale or any thing else neither the Bishop Nine points of Reformation are read nor any of his Ministers shall receiue any thing though voluntarily offered That the Notaries where there is custome not to receiue and where they haue no salarie may receiue the tenth part of a crowne That no secular Clerke though sufficient may be promoted to holy Orders if hee haue not a Benefice patrimony or pension able to maintaine him and that the Benefice may not be renounced nor the pension extinct nor the patrimony aliened without licence of the Bishop That in the Cathedrall or collegiate Churches in which there are no distributions or very small the Bishop may conuert to that vse the third part of the profits of the Prebends That in Parish Churches where much people is the Bishops may compell the Rectors to take the assistance of other Priests and those that are large in compasse may bee diuided and furnished with new Rectors if there shall be neede and the people may be compelled to contribute That the Bishops may make a perpetuall Vnion of Benefices with cure or without because of pouertie or other iuridical causes That the Bishops may giue Coadiutors to Parish Priests that are vnlearned and punish those that are scandalous That the Bishops may ioyne the Benefices of old ruinous Churches to others and cause the Churches to bee built compelling the people to contribute to the fabrique That they may visite all Benefices held in Commenda That the name office and vse of Receiuer be taken away in all places In the end the Session was ordained for the seuenteenth of September and a declaration made that the Synod might abbreuiate or prorogue at pleasure as well that Terme as any other which shall be limited for the future Sessions The actions of this Councell were not in so great expectation in former times as at this present in regard all Princes had agreed in demanding it and sent Ambassadors and that a great number of Prelats were assembled foure times so many as before and had beene begunne now sixe moneths and The actions of the Councell are censured those spent in daily and continuall treaties and discussions with dispatches of many Curriers and Prelats from Rome to Trent and from Trent to Rome But when the Session came out in print the vsuall Latine prouerbe of The birth of the Mountaines was generally vsed by all And particularly the delaying of two Articles was noted it seeming strange that hauing made foure Articles of faith with foure Anathematismes they were not able to declare that of granting the Cup which is de iure Ecclesiastico Some were of opinion that it ought to haue beene handled first because if it had beene granted all the disputations had ceased The third point of doctrine was much considered on in the conclusion For it being said that the faithfull who receiueth the body of CHRIST onely is not defrauded of any necessary Grace it First in matter of doctrine seemed a confession that some grace not necessarie is lost And here a doubt was made whether there bee any authoritie of man which can hinder the superabundant and not necessarie grace of God and if it can whether these impediments bee charitably vsed Two things were much spoken of amongst the rest one the obligation imposed to beleeue that antiquitie did not hold the Communion of children to bee necessarie because where the trueth of a story is in question it is a matter of fact and past in which there is no authoritie that can alter the things done Yet hee that readeth Austin will know that in nine places not in a word but with a discourse hee doeth affirme the necessitie of the Eucharist for children and two of them doe make it equall to the necessitie of Baptisme yea hee saith more then once that the Church of Rome hath held and defined it to bee necessarie for the saluation of children and doeth alleadge for it Pope Innocentius whose Epistle doeth yet remaine in which hee saith it plainely And they marueiled why the Councell would without necessitie trouble it selfe here in to no end when it might bee said that either it or Innocention had erred The other was the second Anathematisme with the declaration that he is an heretike who saith the Church was not induced vpon iust causes to communicate without the Cup which was to ground an Article of faith vpon a fact of man And they held it a miraculous thing that they would say that one is bound to obserue the Decree onely iure humano but is bound iure Diuino to beleeue it is iust and to make Articles of faith in things which may bee changed daily Others added also that if the causes were so iust they should say what they were and not force men to beleeue by terrour but induce them by perswasion because that was to domineere ouer the faith which Saint Paul doth so much detest Concerning the points of reformation Secondly in point of Reformation it was generally said that more light points could not be handled nor more lightly and that they did imitate the Physician who in an Hecticall bodie laboured to kill the itch And to put their hands into mens purses to maintaine Curats or repaire Churches seemed a strange thing both for the matter and for the manner For the matter because the Cleargie was luperfluously rich and rather indebted to the Layne for diuers euident respects for the manner because neither CHRIST nor his Apostles did euer compell men to make contributions but onely gaue power to receiue those that were voluntarie And he that readeth Saint Paul to the Corinthians and to the Galathians shall see the masters treatment of the Oxe that treadeth the Corne and the dutie of the catechised towards him that doth teach yet so as that those labourers haue no action or right by rigour of Law nor any Chancerie to relieue them The Session being ended the Legats began
Councell was not intermitted for all The Articles of the Sacrament of Order this For the Articles concerning the Sacrâ—ment of Order were presently giuen foorth to be disputed by the Diuines the disputants elected and distinguished into foure rankes each of them being to di 〈…〉 two For they were eigh◠〈◊〉 Whether Order be truely and properly a Sacrament instituted by CHRIST or an humane inuentions or Rite to elect Ministers of the word of GOD and of the Saoâ—â—ments 〈◊〉 Whether Order bee one Saorament onely and all others bee meanes and degrees vnto Priesthood 3. Whether there be an Hierarchie in the Catholique Church consisting of Bishops Priests and other Orders or whether all Christians bee Priests or whether the vocation 〈◊〉 consent of the people or secular Magistrate bee necessary or whether a Priest may become a Laicke 〈◊〉 Whether there be a visible and externall Priesthood in the new Testament and a power to consecrate and offer the body and blood of CHRIST and to remit sinnes or onely the baâ—e Ministery to preach the Gospel so that those who preach not are not Priests 〈◊〉 Whether the holy Ghost is giuen and receiued in ordination and a Character imprinted 6. Whether Vnction and other ceremonies be necessary in consering Order or superfluous or pernicious 〈◊〉 Whether Bishops bee super 〈…〉 to Priests and haue peculiar power to confirme and ordaine and whether those who are brought in by any other meanes then Canonicall ordination are true Ministers of the Word and Sacraments◠〈◊〉 W 〈…〉 the Bishops called and ordained by the Pope be lawfull 〈◊〉 the those bee true Bishops who come in by any other way then Canonicall institution The 〈◊〉 of the moneth the Congregations of the Diuines 〈◊〉 gaâ— and were held twice la day and ended the second of October I will according 〈◊〉 vse â—â—late those opinions onely which are remarkeable 〈◊〉 ther for singularity o◠〈◊〉 among themselues In the first Congregation foure Dillines of the Pope spake who did all Are disputed in the Congregations 〈◊〉 in 〈…〉 ning that Order was a 〈◊〉 by places of Scripture 〈◊〉 ally by that of S 〈◊〉 The thing â—hich 〈◊〉 from God are 〈◊〉 then by the â—â—adition of the Apoâ—â—le sâ—yings of the 〈◊〉 vâ—â—iso 〈◊〉 〈◊〉 〈◊〉 and aboue all by the Councell of Florence adding also this reason that the Church would bee a confusion if there were not gouernnment and obedience But Friar Peter Soto was copious in shewing that there were seuen Orders and each properly a Sacrament and all instituted by CHRIST saying it was necessary to make a declaration herein because some Canonists passing the limits of their profession haue added two more the first Tonsure and the Bishopricke which opinion may cause many other errors of greater importance He likewise shewed at large that CHRIST had when hee was on earth exercised all these Orders one after another all whose life as it was addressed to the last of these Sacraments so it is plaine that all the others serue onely as a ladder to climbe vp to the highest which is the Priesthood But Ierolamus Brauus a Dominican Friar hauing protested that hee constantly held that there were seuen Orders and each of them a Sacrament and that the vse of the Church ought to be obserued to proceed from the inferiour to the superiour and so to the Priesthood he added that hee was not of opinion that so particular a declaratioÌ„ ought to be made in regard of the difference betweene the Diuines amongst which one can hardly find two of the same minde For which cause Caietan in his old age wrote that he that collecteth the things taught by the Doctours and in the auncient and moderne Pontificals will see a great confusion in all other Orders but Priesthood The Master of the Sentences maintayned that Sub-deaconship and inferiour Orders were instituted by the Church and the Scripture seemed to haue instituted the Deaconship as a ministery of Tables and not as one of the Altar The difference concerning inferiour Orders in the old Pontificals where that which is in one is not in another doeth shew they are Sacramentall and not Sacraments And reason doth lead vs hereunto For the actions which one ordained doth may be done by one not ordained and are of the same validitie effect and perfection Saint Bonauenture also though hee thinketh that all seuen are Sacraments yet he holdeth two other opinions to be probable one that onely Priesthood is a Sacrament and the inferiours being imployed about corporall things as to open doores reade Lessons light Tapers and the like doe not seeme to expresse any celestiall matter and are therefore onely dispositions to Priesthood The second that the three holy Orders are Sacraments and concerning the common saying that the inferiour are degrees to the superiour Saint Thomas affirmeth that in the Primitiue Church many were ordained Priests immediatly without passing by the inferiour Orders and that the Church did ordaine that this passage should be made for humiliation onely It appeareth plainely in the Actes of the Apostles that Saint Matthias was immediatly ordayned an Apostle and the seuen Deacons did not passe by the Subdeaconship and the inferiour Orders Paulinus saith of himselfe that hauing a purpose to apply himselfe to the seruice of GOD in the Clergie he would for humiliation passe by all Ecclesiasticall degrees beginning from the Ostiarie but while hee was thinking to begin beeing yet a Laicke the multitude tooke him by force in Barcelona on Christmas day caried him before the Bishop and caused him to be ordained Priest at the first which would not haue beene done if it had not beene the vse in those times Therefore this Brauus concluded that the Synod ought not to passe beyond those things which are agreed on by the Catholiques and that it was better to begin with the Order of Priesthood which would make a connexion betweene this Session and the last which handled the Sacrifices and to passe from Priesthood to Order in generall not descending to any particularitie The Congregation being ended and most of the Prelates departed Fiue Churches with his Hungarians and some Polonians and Spaniards taried behinde to whom he made a speach and sayd that the Emperour being freed from all suspicion of warre by the truce concluded with the Turke tooke The Bishop of Fiue Churches maketh a speech concerning reformation nothing so much to the heart as the reformation of the Church which would surely be effected if some of the Prelates in the Councell would assist Therefore he exhorted and prayed them for Gods sake and for the charitie which euery Christian oweth to the Church that they would not abandon so honest iust and profitable a cause that euery one would put downe in writing what hee thought might be constituted for the seruice of God without any respect of man not reforming one part but the whole body of the Church both in the head and in the
SAVIOVR and the vse of the Church that married vnbeleeuers after they haue beene Baptized are not married againe and that their matrimonie is not different from that of the faithfull And he refolued to approue the exposition of Caietan that the separation mentioned by Saint Paul of the faithfull from the vnbeleeuer is not vnderstood of the matrimoniall bond and that it was a thing worthy to be considered by the holy Synod For Fornication he sayd that it ought not to be a cause of separation from the bond but from copulation and cohabitation onely But he found himselfe much intangled because hee had said first that diuorce might bee granted in many respects and for many causes whereas the Gospel doth admit but one which is Fornication which must needes be vnderstood in respect of the bond because Diuorce in the other two respects may haue many causes Hee gaue many expositions of that place of the Gospel without approcuing or disproouing any of them and concluded that the Article ought to be condemned because the contrary is made an Article of faith by Apostolicall tradition howbeit the words of the Gospel are not so plaine as that they are sufficient to conuince the Lutherans Concerning the fourth Article of Polygamic hee sayd it was against the law of Nature nor could bee permitted so much as to infidels who are subiect to Christians Hee said the ancient Fathers had many wiues by dispensation and the others who were not dispensed with by GOD did liue in perpetuall sinne For the prohibition of marriages at certaine times he briefly alleadged the authoritie of the Church and the disconuenience of marriage with some times and tooke this occasion to say that no man had reason to be grieued because the Bishop might dispence Hee returned to the causes of Diuorce and concluded that the world would not complaine of any of these things if the Prelates did vse their authoritie with wisedome and charity But the cause of all the euils is because they doe not reside but giue the gouernement to a Vicar and oftentimes without conuenient maintenance so that Iustice is ill administred and graces not well bestowed And here hee spake at large of Residence saying that if it were not declared to bee de iure diuino it was impossible to remooue those and other abuses and to stoppe the mouthes of heretiques who not obseruing that the euill commeth from the bad execution lay the blame vpon the Popes constitutions and therefore the Popes authoritie will neuer be defended well but by Residence well established nor that well executed without the declaration de iure diuino and that they did notoriously erre who thought it preiudiciall to the authority of the Pope whereas it is the onely foundation to vphold and preserue it Hee concluded that the Councell was bound to determine the trueth and spake with such efficacie that he was willingly heard by the Vltramontans but did displease the Papalins who thought the time impertinent to touch that matter And it gaue occasion to both parties to renew their practises In the Congregation of the twentieth of February Iohn Ramirez a Franciscan Friar after hee had spoken vpon the same Articles according to the common opinion of Diuines of the insolubilitie of mariage sayd that the same reasons which are betweene man and wife are also betweene the Bishop and the Church and that as the man ought not to depart from his wife so ought not the Bishop to depart from his Church and that this Spirituall bond was of no lesse force then the other which was corporall Hee alleadged Innocence the third who decreed that a Bishop could not bee transferred but by the diuine authoritie because the matrimoniall bond which is lesse sayd the Pope cannot be dissolued by any power of man And he was copious in shewing that the Popes authoritie was rather increased then diminished hereby who as a generall Vicar might make vse of Bishops in an other place where there was more neede as the Prince may employ maried men for publique occasions sending them to other places without dissoluing the matrimoniall bond And hee laboured to resolue the cotrary reasons with much prolixity In the Congregation of that afternoone Doctor Cornisius said that both these Aricles the third and fourth were hereticall because they were condemned by many Decretals of Popes and oxalted the authority of the Apostolique Sea in many words saying that all ancient Councels in the determinations of faith did perpetually follow the authority and will of the Pope Hee exemplified in the Councell of Constantinople in Trullus which followed the instruction sent by Pope Agathone the Councell of Chalcedon which did not onely follow but worship the sentence of St. Leo the Pope calling him also Ecumenicall and Pastour of the Vniuersall Church And after hee had alleadged many authorities and reasons to show that the words of CHRIST spoken to Saint Poter Feede my sheepe doe signifie as much as if hee had sayd rule and gouerne the Church Vniuersall he amplified very much the Popes authoritie in dispensations and other things also Hee brought the authoritie of the Canonists that the Pope may dispence against the Canons against the Apostles and in all the law of GOD except the Articles of faith In the ende hee alleadged the Chapter Si Papa that euery one ought to acknowledge that his saluation doth depend after GOD vpon the holinesse of the Pope amplifying these words because they proceede from a Saint and a Martyr of whom no man can say that he did respect any thing but the trueth At this time Commendone returned from the Emperour whose negotiation had not that successe as the Legats desired For the Emperour hearing his propositions answered that hee must haue time to thinke on them because of their importance and that hee would consider of them and answere The relation of Commendone returned from the Emperour the Councell by his Ambassadour Hee presently gaue an account heere of by letters adding that hee found the Emperour was grieued and had an ill conceit of the actions of the Councell Beeing now returned hee sayd further that by the words of his Maiestie and by that which he had vnderstood by his counsellers and obserued by their proceedings hee thought hee knew that hee was so firme in that bad opinion that hee feared some disorder would ensue That as farre as hee could comprehend the cogitations of his Maiestie were wholly bent to obtaine a great reformation with such prouisions as that it might bee obserued and that hee could certainely affirme that he would not bee content that the Councell should be finished That hee had vnderstood that Delphinus the Nuncio resident hauing named suspension or translation the Emperour was offended Then hee related that there was an opinion in that Court that the Catholique King held intelligence with the Emperour concerning the affaires of the Councel which hee did beleeue because hee was assured that the Spanish
in those negotiations Hauing therefore collected so many things as may minister vnto me sufficient matter for a narration of the progresse I am resolued to set it downe in order I wil relate the causes and managings of an Ecclesiasticall Conuocation by some for diuers ends and by diuers meanes procured and hastened by some hindered and deferred for the space of 22. yeeres and for 18. yeeres more sometimes assembled sometimes dissolued alwayes celebrated with diuers intentions and which hath gotten a forme and conclusion contrary altogether to the deseigne of them that procured it and to the feare of those that with all diligence disturbed it a cleere instruction for vs to referre our selues to God and not to trust in the wisedome of man For this Councell desired and procured by godly men to reunite the 1500 ALEXAND 6. MAXIMILL 1. HENRY 7. LEVVIS 12. The conclusion of this Councell was contrary to the opinion of all men Church which began to bee diuided hath so established the Schisme and made the parties so obstinate that the discords are become irreconciliable and being managed by Princes for reformation of Ecclesiasticall discipline hath caused the greatest deformation that euer was since Christianity did begin and hoped for by the Bishops to regaine the Episcopall authority vsurped for the most part by the Pope hath made them loose it altogether bringing them into greater seruitude on the contrary feared and auoided by the Sea of Rome as a potent meanes to moderate the exorbitant power mounted from small beginnings by diuers degrees vnto an vnlimited excesse it hath so established and confirmed the same ouer that part which remaineth subiect vnto it that it was neuer so great nor so soundly rooted It will not be inconuenient therefore to call it the Iliade of our age in the explanation whereof I will exactly follow the truth not being possessed with any passion that may make me erre And hee that shall obserue that I speake more copiously of some times and more sparingly of others let him remember that all fields are not equally fruitfull nor all graines deserue to be kept and that of those which the Reaper would preserue some eare escapeth the hand or the edge of the sickle that being the condition of euery haruest that some part remaineth to be gleaned after But first I must call to minde that it hath beene a most ancient custome in the Church of Christ to compose the differences of Religion and to reforme The originall cause progresse of Synods the corrupted discipline by the conuocation of Synods So the first which began in the life time of many of the holy Apostles whether the conuerted Gentiles were bound to obserue Moses law was composed by a meeting in Hierusalem of foure Apostles and of all the faithfull which were in that Citie by which example in the occurrences which incidently sprung vp in euery prouince for the space of 200. yeeres and more afterwards the Bishops and chiefest of the Churches assembled themselues together to qualifie and end them that being the onely remedy to reunite diuisions and to accord contrary opinions But after that it pleased God to giue peace vnto his Church by exciting Constantine to fauour religion as it was more easie for many Churches to communicate and treate together so also the diuisions became more common And whereas before the differences went not out of a city or at the most out of a Prouince now by reason of the liberty of meeting together they extended themselues ouer the whole Empire Wherefore also it was necessary that the Councels which were the vsual remedie should be assembled from places more distant Whereupon a Councell of the whole Empire being congregated in those times by that Prince it had the name of the holy and great Synod and a litle after was called the general Oecumenical Councel though not assembled from all parts of the Church a great part whereof extended it selfe beyond the bounds of the Romane Empire but because the vse of that age was to call the Emperour Lord of the whole habitable earth howbeit the tenth part thereof was not subiect vnto him By which example the like Councels were called by Constantine his successors in other occurring differences of Religion And though the Empire was diuided into the Easterne and Westerne notwithstanding the affaires thereof being managed A new deriuation of the name of generall Councels vnder a common name the Conuocation of Synods throughout the whole continued still 7 But after that the East was so diuided from the West that there remained no more communion in the Soueraignty and after that the East was for the most part possessed by the Saracens and the West parted amongst many Princes the name of an Vniuersall and oecumenicall Councell was no more deriued from the Roman Empire but amongst the Grecians from the assembly of the fiue Patriarkes and in these countreys of ours from the vnitie and communion of those Kingdomes and States which obeyed the Pope in causes Ecclesiasticall And the assembling of these hath beene continued not to appease the dissentions about Religion principally as before but either to make warre in the Holy-land or to compose Schismes and diuisions of the Church of Rome or else for controuersies betweene the Bishops and Christian Princes 8 In the beginning of the 16. centurie of yeeres after the natiuitie of our 1500 Sauiour Christ there appeared no vrgent cause to celebrate a Councell neither was there any likely to happen for a long space For the complaints of many Churches against the greatnesse of the Court seemed absolutely to be appeased and all the countreys of the Westerne Christians were in the communion and obedience of the Church of Rome Onely in a small part that is in that tract where the Alpes are ioyned with the Pyrences there were some remainders of the olde Waldenses or Albigenses In whom notwithstanding Waldenses in the Alpes there was so great simplicitie and ignorance in learning that they were not fit to communicate their doctrine vnto others besides their neighbours conceiued so sinister an opinion of their impietie and obscenitie that there was no danger that the contagion could spread any further 9 In some Cantons also of Bohemia there were some few who maintained Picards in Bohemia the same doctrine euen remnants of those whom the Bohemians call Picards whose increase could not be feared for the same reason 10 In the same Kingdome of Bohemia there were some followers of Iohn Hus which were called Calistini or Subutraque who except that particular Calistial in Bohemia that in the holy Communion they ministred the Cup vnto the people in other things differed not much from the doctrine of the Church of Rome But these also were not esteemed considerable aswell for their small number as because they wanted learning neither did it appeare that they desired to communicate their doctrine nor that others were curious to
the Spanish and German Cardinals though they were confident because the armie was composed of their nations were not better vsed then the rest The Pope retired into the Castle of Saint Angelo was besieged and constrained to make an accord at the same time yeelding the Castle to the Emperours Captaines and The Pope yeeldeth the Castle and his person consigning his person prisoner therein where hee was kept verie close And beeing in exceeding great affliction for the things past there was added one more in his opinion much greater that the Cardinall of Cortona who gouerned Florence in his name hauing heard the newes retired himselfe from Florence becommeth free againe the Citie and left it free The which hauing suddenly chased out the Medici and regained their libertie reformed their gouernement and the greater part of the Citizens shewed such hatred towards the Pope and his family that they defaced their armes euen in their priuate places and disgraced with many blowes the images of Leo and Clement which were in the Church of the The images of Leo the 10. of Clement the 7. are defaced Nunciata 98 But the Emperour hauing receiued aduice of the sacking of Rome and of the imprisonment of the Pope gaue many signes of infinite griefe and The Emperor maketh a shew of griefe for the Popes calamitie made demonstration thereof by causing the solemnefeasts to cease which were made in Validolid for the birth of his sonne the one and twentieth of the same moneth By which appearances he would haue giuen testimony to the world of his pietie and religion if hee had commanded at the same time that the person of the Pope should bee set at libertie But the world that saw the Pope was prisoner sixe moneths more perceiued what difference there was between truth and appearance 99 They began immediately to treat of the Popes deliuery The Emperour would haue had him conducted into Spaine deeming as was true indeede And is disswaded from causing him to be brought into Spaine that it would haue beene a great reputation to him if in two yeeres there had beene brought out of Italie into Spaine two so great prisoners a French King and a Pope of Rome But because all Spaine and especially the Prelates detested to behold so great an ignominie of Christianitie that he should be brought prisoner thither who represented the person of CHRIST hee changed that opinion considering also it was not good to stirre vp too much enuie against himselfe nor to prouoke the King of England whom he feared much in case he should haue ioyned himselfe more neerely with the French King then he was by the peace published in August who had alreadie sent a potent army into Italie and atchieued diuers victories in Lombardie Wherefore in the ende of the yeere the Emperour graunted that the Pope should be set free with this condition that hee should not be against him in the affaires of Milan and Naples and for securitie thereof should giue into his hands Ostia Ciuita vecchia Ciuita Castellana and the Cittadell of Furli and for hostages The Pope is set at liberty vpon hard conditions his two Nephews Hippolitus and Alexander that he should grant him a Crusado in Spaine and a tenth of the Church reuenues in all his kingdomes The deliuerie being concluded and hauing receiued power to depart out of the Castle the ninth of December he durst not expect so long but went out the night before with a small conuoy in the habit of a Merchant and retired himselfe immediately to Monte Fiascone and after he had taried there a little from thence he passed to Oruieto 100 While the Princes were all busied in war the affaires of religion altered in diuers places in some by publike Decree of the Magistrates in others by popular sedition For Berne making a solemne assembly both of their own The state of religion in the Cantons of the Suisses other places Doctors and of Strangers and hearing a disputation many dayes receiued the doctrine conformable to Zuric and in Basil all the images were ruined and burnt by a popular sedition and the Magistrate depriued and others put in his place and the new religion established And on the other side eight Cantons assembled themselues together and ratified within their territories the doctrine of the Church of Rome and wrote a long exhortation to those of Berne perswading them not to change their Religion which belonged not to one people or one Countrey but onely to a Councel of the whole world But for all that the example of Berne was followed at Geneua Constance and other places thereabout and in Argentina after a publike disputation the Masse was prohibited by a publike Decree vntill the defenders of it could shew that it was a worship acceptable to God notwithstanding that the Chamber of Spira had made a great and a long remonstrance that it was not lawfull not onely for one Citie but not for all the States of the Empire to make innouation of rites and doctrine it belonging onely to a generall or nationall Councell 101 In Italie these two yeares there being neither Pope nor Court of Rome 1528 The reformed religion increaseth in Italie and it seeming that these calamities were an execution of Gods iudgement against that gouernement many men beganne to reforme and in priuate houses in diuers Cities especially in Faenza a Towne belonging to the Pope there was preaching against the Church of Rome and the number of those whom others called Lutherans and themselues Gospellers increased euery day 102 The yeare following 1528 the French army was farre aduanced within The French-men beeing entred into the kingdome of Naples cause the Spanish army to forsake Rome the Kingdome of Naples and had possessed it almost all which constrained the Emperours Captaines to conduct the army out of Rome much diminished partly by reason of those who laden with spoyles meant to put them in a secure place and partly because of the plague which caused great mortalitie among them The confederates instantly desired the Pope that Rome beeing set at liberty by necessity not by the desire of the Emperour hauing no more neede to temporize with him hee would in that occasion declare himselfe to be ioyned with them and proceede against 1529 CLEMENT 7. CHARLES 5. HENRY 8. FRANCIS 1. him with spirituall armes and depriue him of the Kingdome of Naples and of the Empire But the Pope as well for that hee was wearied with troubles as also because in case the confederates had gained the better they would haue maintained the liberty of Florence the gouernment whereof he more desired to recouer then to bee reuenged of the iniuries receiued from Charles hee made a firme resolution not to bee contrary yea to ioyne himselfe The Pope refuseth to ioine with the confederates for the more easie recouery of Florence with him vpon the first occasion to regaine Florence
successor of S. Peter gaue them his benediction The Arch-bishop of Mentz answered the Legats oration by order of the And is answerred by the Arch-bishop of 〈◊〉 Emperour and the Diet that Caesar as supreme Aduocate of the Church will vse all meanes to compose the disorders will imploy all his forces in the 〈◊〉 against the Turkes and that all the Princes will joyne themselues 〈…〉 that their actionâ— shall bee approoued by God and the Pope After this many 〈◊〉 〈◊〉 being heard the Elector of Sacco 〈…〉 and protestant Cities â—oyned with him presented to the Emperour she confession of their faith written Latine and Dutch 〈…〉 it might be read But the Emperour refusing to haue it The Lutherans doe present a confession of their faith And so do the Zuinglians 〈◊〉 in publique it was put off vntill the next day when the Legate would not be present for feare of receiuing some prejudice But the Princes being assembled before the Emperor in an Hall capable to receiue about 〈◊〉 persons it was read with aloud voyce And the Cities which followed the doctrine of Zuinglius presented apart the confession of their faith not differing from the former but onely in the point of the Eucharist The confession of the Princes which afterwards from this place where it was read was called Augustana contâ—ined two parts in the first were The name of the Augustan confession bega 〈…〉 expounded 〈…〉 de of the vnitie of the God-head of originall sinne of the incarnation of iustification of the ministery of the Gospel of the Church of administring the Sacraments of Baptisme of the Eucharist of Confession of Penance of the vse of the Sacraments and the Ecclesiasticall order of the rites of the Church of the ciuill Common-wealth of the last â—udgement of free will of the cause of sinne of faith of good workes and worshipping of Saints In the second were expounded the doctrines which were different from the Church of Rome the abuses which the Confessionists reprooued And these were declared at large in seuen articles of the holy Communion mariage of Priests of the Masse of Confession of the distinction of meates of Monasticall vowes and Ecclesiasticall iurisdiction In conclusion they offered in case it were needfull a more full information But in the proheme thereof they deliuered that they had put their confession in writing to obey the Propose of his Maiestie that all men ought to present their opinions and therefore if the other Princes will giue vp theirs in writing they are readie to conferre peaceably with them that they may come to an agreement whereunto in case they could not come his Maiestie hauing giuen them to vnderstand in all the former Diets that he could not determine or conclude any matter of Religion for diuers respects then alleaged but that he would perswade the Pope to call a generall Councell and finally hauing caused it to bee said in the Diet of Spira that the differences betweene his Maiestie and the Pope being readie to bee composed there could bee no doubt but that hee would giue consent vnto it they offered to app 〈…〉 and to giue a reason and make a defence of their cause in such a generall free and Christian assembly of which it hath alwayes bin treated in all the Diets celebrated during the time of his Empire Vnto which Councell and to his Maiestie they haue formerly in due forme and vpon good cause appealed vnto which appeale they doe yet adhere not intending to abandon it neither by this treatie nor by any other if the difference bee not charitably reduced first to a Christian concord This was the onely Act of the first day But the Emperour before he made any resolution would haue the Legates aduice Who hauing read The Legate would not censure the Confession and considered the confession together with the Diuines which he brought out of Italie though hee was of opinion that it ought to bee opposed and a censure published vnder his name yet foreseeing that it would giue occasion of greater tumults and saying plainely that the difference for the most part seemed verball and that it imported not much whether one spake after one manner or after another and that it was not reasonable that the Apostolicall Sea should take part in the disputations of the Schooles hee conâ—ented not to haue his name vsed in the contentions And hee answered the Emperour that for the present there was no cause to make any 〈◊〉 examination of the doctrine but to consider the example which would bee giuen to all vnquiet and subtile wits who would not haue wanted infinite other nouities to propose with no lesse probabilitie which would haue beene heard with greedines because of the itching of cares which they stirre vp in the world and that by correcting the abuses that were noted greater inconueniencies would be raised then those which one sought to remedie That his opinion was that the doctrine of the Lutherans being read to remoue all preiudice a confutation thereof should be read likewise which should not be But gaue order that a confutation therof should be read and no copie giuen published in copies for feare of opening a way to disputations but meanes should be vsed that the Protestants should 〈◊〉 from going further on by proposing fauours and threats But the Confession being 〈…〉 it wrought diuers effects in the mindes of the Catholiques who heard it Some thought the Protestants more wicked then they were perswaded before they were informed of their particular opinions others on the contrary remitted much of the bad conceit they had against them esteeming their opinions not to absurd as before they did yea for a great part of the abuses they confessed they were iustly reprehended It is not to be omitted that Cardinal Mattheo Langi Archbishop of Salzburg told euery one that the reformation of the Masse The Archbishop of Salzburg would not haue the world reformed by a Monke was honest the libertie of meates conuenient and the demand iust to be disburthened of so many commandements of men but that a poore Monke should reforme all was not to bee endured And Cornelius Scoperus the Emperours Secretarie saide that if the Protestant Preachers had money they would easily buy of the Italians what Religion pleased them best but without golde it was impossible to make theirs shine in the world The Emperour according to the Legates aduice approued also by his owne Counsellers desirous to compose all by a negatiue went first about to separate the Ambassadors of the cities from ioyning with the Princes which proiect not succeeding he caused a confutation to be made of what the Protestants put vp in writing and another of that which was produced by the Cities And hauing called the whole Diet together hee told the Protestants that he had considered of the confession presented vnto him and giuen order to some pious and learned men to deliuer their opinion thereof And heere
he made the confutation of it to be read in which many of their opinions being taxed it was confessed in the end that in the Church of Rome there were some things fit to bee amended against which hee promised that prouision should be made 〈◊〉 therefore that the Protestants ought to referre themselues vnto him and returne to the Church assuring them to obtaine all their iust demands but in case they did otherwise he would not faile to shew himselfe protector and defender of it The Protestant Princes offered to performe whatsoeuer could bee done with a safe conscience and if out of the holy Scripture any errour in their doctrine were shewed to correct it or to make a further declaration in case it were necessarie And because some of the points proposed by them were granted in the confutation and some reiected if a copie of the confutations were giuen them they should be expounded more cleerely After many treaties seuen Catholikes and seuen Protestants were chosen A Colloquie between the Protestants Catholikes to conferre together to find out a meanes of composition who not being able to agree the number was restrained to three a piece And though some few small points of doctrine and other petty things belonging to some rites were agreed on yet in conclusion it was perceiued that the conference could produce no concord at all because neither partie was willing to grant to the other any thing of importance Many dayes being spent in this treatie the refutation of the Cities confession was read whereunto their Ambassadors answered that many Articles of their writing were repeated otherwise then The answer of the Protestant Ambassadors to the confutation they were written by them many other things proposed by them drawne to a bad sence to make them odious vnto all which obiections they would haue answered if a copie of the confutation had beene giuen them in the meane time they prayed them nor to beleeue any calumnie but to expect their defence They denyed to giue them a copie and sayde that the Emperour would not suffer that the points of Religion should bee put into disputation The Emperour assayed by way of canuase to perswade the Princes telling them that they were but few their doctrine new that it had been sufficiently confuted in this Diet that their boldnesse was great to condemne of errour heresie and false religion the Imperiall Maiestie and so many Princes and States of Germany with whom themselues beeing compared made not a number and which is worse to esteeme also for heretikes their owne fathers and ancestours and to demand a Councell and yet to goe on still in the errours These perswasions auayling nothing because they denied theirs to be new and the rites of the Romane Church olde the Emperour imploying other remedies vnto which he was aduised by the Legat Campeggio caused euery one to be treated with apart proposing vnto them some satisfaction in their proper interests and laying before them diuers oppositions and crosses which he would haue raised against their proceedings in case they persisted in their resolution not to reunite themselues to the Church But whither those thought to bring about their owne designes by perseuering or preferred the preseruation of their Religion before all other interest the perswasions though very potent produced none effect Neither could the Emperour obtaine of them to grant the exercise of the Romane religion within their territories vntill the time of the Councell which he promised should bee intimated within sixe moneths because the Protestants had discouered that this was the inuention of the Popes Legate who not being able to obtaine his purpose for the present thought it sufficient if by the establishing the Romane doctrin in euery place he put confusion among the people who were alienated already whereby away might be opened to those accidents which might giue occasion to roote out the new For concerning the promise to intimate a Councell within sixe moneths he well knew that many impediments might bee pretended in the very nicke and finally all expectation deluded It being impossible to conclude any thing the Protestants departed in the end of October and the Emperour made an Edict to establish the ancient rites of the Roman Catholike religion which contained in summe The Edict of A 〈…〉 that nothing should be changed in the Masse in the Sacrament of Confirmation and extreame vnction that the Images should not bee taken out of any place and those restored that were taken away already that it should not be lawfull to denie free-will nor to hold opinion that onely faith doeth iustifie that the Sacraments Ceremonies Rites Obsequies of the dead should be obserued in the same manner they were before that Benefices should bee giuen to fit persons and that the marryed Priests should forsake their wiues or be banished all sales of Church goods and other vsurpations made voyd that in preaching and teaching no man should passe these tearmes but the people should be exhorted to heare Masse to inuocate the Virgin Mary and the other Saints to obserue the feasts and fastings that the Monasteries and other sacred Edifices which haue beene destroyed should be rebuilt and the Pope should be requested to intimate a Councell within sixe moneths in a conuenient place and after to beginne it within a yeere at the most that all things remaine firme and constant and no appeale or exception to the contrary take place and that euery one ought to imploy all his forces possessions life and blood to preserue this Decree and that the Imperiall Chamber proceed against whosoeuer shall oppose it The Pope hauing receiued aduice from his Legat of what was done in the Diet was touched with an inward griefe of minde discouering that The Pope was displeased with the Emperour for meâ—ling in religion but especially for promising a Councell though Charles had receiued his counsell by vsing his authority and threatning violence yet he had not proceeded as aduocate of the Church of Rome vnto whom it belongeth not to take knowledge of the cause but to bee a meere executor of the Popes Decrees whereunto was quite contrary to haue receiued the confessions and caused them to bee read and to haue instituted a conference to accord the differences Hee complayned beyond measure that some points were agreed vnto and especially that he had consented to the abolition of some rites thinking that the Popes authoritie was violated when things of so great moment were treated of without his priuity at the least if his Legates authoritie had beene interposed it had beene tollerable After he considered that it was a great preiudice to him that the Prelates had consented to it But the promising of a Councell which hee so much abhorred pressed him aboue all in which though honourable mention were made of his authoritie yet to subscribe sixe moneths to call it and a yeere to beginne it was to meddle with that which was proper to
himselfe for his owne part would willingly make present answere to the things proposed but because there are many Princes which haue receiued the same confession in the Diet of Ausbug it was not fit nor profitable for the cause to answere alone but an assembly being intimated against the 24. of Iune hee desired hee would bee contented to grant this short delay that he might receiue a more common and resolute conclusion The ioy and hope of the Nuncio was much increased The Nuncio is pleased with the delatory answere The answere of the Protestants assembled in Smalcalde who desired the delay had been rather of yeeres then moneths But the Protestants assembled at the aforesaid time in Smalcalde answered thanking the Emperor that for the glory of God and safetie of the common-wealth hee had taken paines to cause a Councell to bee celebrated which would bee in vaine if conditions were not obserued necessary for the curing of the diseases of Germanie which desireth that her controuersies may be defined with due order and hopeth to obtaine it for that the Emperour hath in many imperiall Diets promised such a one which by the mature deliberation of the Princes and States hath been resolued should be celebrated in Germanie in regard that many errors being reuealed by occasion of the Indulgences published in Sermons Pope Leo condemned the doctrine and the Doctors who discouered the abuses But that sentence was opposed by the testimonies of the Prophets and Apostles Whence did arise the controuersie which cannot be decided but in a Councell where the Popes sentence or the power of whosoeuer may not preiudice the cause and where iudgement may be giuen not according to the Popes lawes or opinions of the Schooles but according to the holy Scripture If this be not performed this so great a labour would bee taken in vaine as may appeare by the examples of some other Councels celebrated before Now the propositions of the Pope were contrary to this end to the petitions of the Diet and promises of the Emperour For though hee propose And their exceptions against the propositions of the Pope a free Councell in words yet in effect hee would haue it tied so that vices and errors may not be reprehended and himselfe may maintaine his power That that was not a reasonable demand that any man should bind himselfe to obserue the decrees before he know by what order maner or forme they are made whether the Pope desire to haue the supreme authoritie in him and his whether hee will haue the controuersies discussed according to holy writ or according to humane lawes and traditions That that clause also seemed captious that the Councell should bee made according to the old custome For it being vnderstood of that old when all was determined by the holy Scriptures they would not refuse it But the Councels of the next preceding age were much different from the other that were more ancient where too much was attributed to the Decrees of Popes and other men That the propose was glorious but it tooke absolutely away the libertie which was demanded and was necessary for the cause That they desired the Emperour to bee a meanes that all might passe lawfully That all men were in attention and stood in hope of a Councell and demanded it with vowes and prayers which would bee turned into great sorrow and vexation of minde if this expectation should bee deluded by giuing a Councell but not such a one as is desired and promised That there is no doubt but that all the States of the Empire and other Kings and Princes also will bee of the same opinion to auoid those snares and bonds with which the Pope thinketh to binde them in a new Councell to whose will if the managing of the affaires shall be permitted they will referre the whole to God and thinke of what they haue to doe Yet for all this if they shall bee cited with good and lawfull assurance in case they see themselues able to doe some thing for the seruice of God they will not refuse to appeare but with condition not to consent to the Popes demands nor to a Councell which is not conformable to the Decrees of the imperiall Diets In the end they prayed the Emperour not to take their resolution in ill part and to endeuour that the power of those be not confirmed who long since haue waxed cruell against the innocent The Protestants resolued not onely to send the answere to the Pope and the Emperour but to print it also together with the Nuncio his proposition which by the same Pope was iudged indiscreete and too open Therefore The Pope recalleth Hugo Rangone B. of Rheggio his Nuncio and putteth Vergerius in his place vnder colour that hee was old and vnable to beare that charge he recalled him and wrote to Vergerius Nuncio with King Ferdinand that he should take vpon him that place with the same instructions admonishing him to remember not to swarue by any meanes from his will or to giue eare to any 1534 CLEMENT 7. CHARLES 5. HENRY 8. FRANCIS 2. moderation though the King desire it that vnaduisedly he cast him not into some strait and constraine him to call a Councell which was not profitable for the Church or for the Apostolicall Sea While these things were in handling the Pope who fore-saw the answere which would come out of Germany before in Bolonia had conceiued but small confidence in the Emperour wholly aliened himselfe from his friendship For in the cause of Modena and Rheggio betweene his Holinesse and the Duke of Ferrara referred to him by the parties hee pronounced for the Duke For all which causes the Pope negotiated a confederation with the French King the which was concluded and established also by the mariage The confederation betweene the Pope and the French King is confirmed by marriage of Henry the Kings second sonne with Catherine de Medici the Popes great grand-child And to giue a compleat perfection to the whole businesse hee went to Marseilles in person to speake with the King But vnderstanding that this iourney was reprehended by all as not addressed to any publike respect but onely to make his house great hee iustified himselfe by saying hee vndertooke it to perswade him to fauour the Councell and to abolish the Lutheran heresie And t is true that there beside other treaties hee perswaded his most Christian Maiestie to deale with the Protestants especially with the Landgraue of Hassia who was to come to him into France to cause them to desist from demaunding a Councel proposing vnto them that they would seeke out any other way to accommodate the differences and promising his owne faithfull and effectuall helpe when time should serue The King did thus negotiate but could obtaine nothing For the Landgraue alleadged The French King treateth with the Landgraue of Hassia at the Popes request about the Councell that there was no other meanes
Emperours Ambassadours two yeeres since and that still they desired a lawfull Councell as they were sure that all godly men did and that they would goe to it as many times hath beene determined in the Imperiall Diets But for the Councell which the Pope hath appointed to bee in Mantua they hoped that the Emperour would not breake the decrees of the Diet nor his owne promises so often made vnto them that the Councell should bee celebrated in Germany and that they saw not how there could bee any danger there seeing that all the Princes and Cities obey the Emperour and are so well gouerned that all strangers are receiued and entertained with all humanity But that the Pope should prouide for the securitie of those that went to the Councel they could not see how especiall considering what things haue happened in the precedent age That the Christian Commonwealth hath neede of a godly and free Councell and that to such a one they haue appealed And whereas the Nuncio sayd that they ought not to treat of the manner and forme first it signified nothing but that there should bee no libertie and that all should bee referred to the Popes power who already hauing so often condemned their religion the Councell cannot bee free if hee shall bee Iudge That the Councell is not the tribunall of the Pope and Priests onely but of all the orders of the Church not excluding the Seculars That to preferre the Popes power before the authoritie of the whole Church is an vniust and tyrannicall opinion That the Pope defending the opinion of his owne men yea with cruell edicts making himselfe a party to the cause it is iust that the manner and forme of the processe should bee determined by the Princes The Kings of England and France sent Ambassadours to the assembly of The King of England and the French King send Ambassadors to Smalcalda Francis Sforza dieth Smalcalda the French King who had a disseigne to make warre in Italy Francis Sforza Duke of Milan beeing now dead desired them not to accept of any place for the Councel without the aduise of him and of the King of England and that they would accept of none without them The King of England aduised them to be aware that they called not such a Councel where in stead of moderating the abuse they should more establish the Popes authority and desired them to approoue his diuorce On the other side they dealt with him to receiue the Augustan confession Which things being treated of in diuers assemblies had no conclusion at all But Vergerius in the beginning of the yeere 1536. returned to the Pope to 1536 relate the effect of his Ambassage Hee deliuered in summe that the Protestants 1536 PAVL 3. CHARLES 5. HENRY 8. FRANCIS 1. would not receiue any Councell except it were free and in a fitte place within the confines of the Empire grounding themselues vpon the Emperours promise and that of Luther and his complices there was no hope at all nor any other way to be thought of but to oppresse them with warre Vergerius for his reward had the Bishopricke of Capo d'Istria his owne Countrey and was sent by the Pope to Naples to make the same relation to the Vergerius returneth and deliueceth to the Pope the effect of his negotiation He is rewarded and sent to the Emperour Emperour who hauing beene victorious in Africa was passed into the kingdome to settle the affaires thereof The Emperour hearing the narration of the Nuncio went to Rome Hee had priuate conference with the Pope concerning the affaires of Italy and the pacification of Germanie The Pope according to Vergerius counsell said there was no meanes to bee vsed but warre But the Emperor seeing the time not ripe as yet to reape from thence The Emperour goeth to Rome to conferre with the Pope that good fruit as others were perswaded he might and himselfe also intangled in Italy without possibility of being free but by yeelding Milan which he resolued by all meanes to make his owne whither all his actions did principally tend alleaged for a reason to deferre that warre that it was more necessary to defend Milan from the French men On the other side the Pope whose thoughts were wholly bent to make an Italian Lord of that State and therefore proposed the warre of Germanie not so much to suppresse the Lutherans as hee said openly as to diuert Caesar from possessing Milan which was his principall end though secret replyed that himselfe and the Venetians what by armes and what by treaties would more easily make the King desist in case his Imperiall Maiestie did not meddle The Emperour hauing discouered the inward thoughts of the Pope The Pope and Emperor haue contrary ends and dissemble one with another with as much dissimulation made shew hee was perswaded and inclined to the warre of Germanie yet hee said that it was fit to iustifie the cause well that the whole world might not be against him and to shew by intimating a Councell that hee had first vsed all other meanes The Pope was not sory that being necessarily to intimate a Synode it should be done in a time when in regard the French King had inuaded Sauoy and Piemont all Italy would bee set on fire with warre whereby an apparent pretence was giuen him to enuiron the Councell with armes vnder colour of custody and protection He The Emperor is puffed vp with the African victorie shewed himselfe to bee contented so that such conditions were set downe which might not derogate from the authority and reputation of the Apostolique Sea The Emperour who by reason of the victory atchieued in Africa was lifted vp in minde and swollen with vast thoughts beleeued hee should make an end of the warre in Lombardy within two yeeres at the most and that hauing immured the King of France beyond the mountaines hee might apply himselfe to the affaires of Germany without any impediment His meaning was the Councell should serue him for two things First to bridle the Pope in case during the warre of Italy hee should according to the custome of other Popes put himselfe on the French side when that should bee the weaker to counterpoise him that was victorious Secondly to reduce Germany to his obedience which was the marke he shot at But for the Popes obedience hee esteemed it but an accidentall thing For the place Mantua pleased him and for the rest hee cared not what condition the Pope might adde considering that when the Councell were assembled he should be able to change whatsoeuer pleased him not Therefore he concluded that he was contented with any condition so that the Councell might bee celebrated alledging that he hoped to perswade almost all Germanie to consent vnto it Wherefore the resolution was established by the Pope and the whole colledge of Cardinals A resolution established for calling the Councell Therefore the Emperour entering into the publike
and punishments against poore innocent people who adhere to that religion for conscience sake And how shall they be able to accuse the Pope and his followers when himselfe will be iudge And to appoue his Briefe is nothing else but to consent to their owne condemnation And therefore that they haue alwayes demanded a free and Christian Councel not onely that euery man may freely speake the Turkes and infidels being excluded but that those that are linked together by oathes and other Couenants may not bee Iudges and that the word of God may gouerne and define all the controuersies That they well know that there are learned and godly men in other Nations but withall they assure themselues that if the vnlimited power of the Pope shall be moderated not their Diuines onely but many others who now by reason of oppression hide themselues will labour for reformation of the Church That they will not dispute of the situation and fitnesse of Mantua but they may well say that so long as there is warre in Italie they cannot want matter of suspition That it is sufficient to say of the Duke of that Citie that he hath a brother a Cardinall one of the prime men of the Court. That in Germany there are many Cities as commodious as Mantua where Iustice and equitie doe flourish and in Germanie those secret wiles to take away mens liues are neither vsed nor knowne as they are in other places That in the ancient Councels the securenesse of the place hath euer been first sought for which would not be sufficient there though hee the Emperour were personally present in the Councell For it is knowne that the Popes grant him place in consultations but for power of determining they reserue it to themselues onely That it was knowne what happened to the Emperour Sigismond in the Councell of Constance whose safe-conduct was violated by the Synod and himselfe constrained to put vp so great an affront Therefore they prayed his Maiestie to consider the importance of these reasons There appeared in this same Diet the Bishop of Aix sent by the Pope to inuite them to the Councell But hee did no good and some of the Princes Some of the Protestant Princes would not so much as heare thé Popes Nuncio would not so much as heare him And to make their reasons knowne to the world they printed and published a writing where they laboured principally to answere that obiection that they would not submit themselues to any Iudge that they despised other nations that they refused the supreame They iustifie their actions to the world by writing tribunall of the Church that they had renewed heresies formerly condemned that they were glad of ciuill discords that the faults which they found in the manners of the Court of Rome were small and tolerable They alleadged the causes why it was not fit that the Pope alone nor yet together with his adherents should be iudge they brought the examples of many Councels refused by diuers of the Fathers and in fine implored the ayde of all Princes offering that whensoeuer a lawfull Councell shall bee called they will therein defend their cause and render an account of all their actions They sent also an expresse Ambassadour to the French King to giue him a particular account of the same things who answered that for the Councell he was of their opinion not to approoue it except it were lawfull and in a secure place assuring them that his sonne in-law the King of Scotland was of the same mind The Duke of Mantua to gratifie the Pope granted his Citie for the Councell without considering what he did thinking as others that it could not The Duke of Mantua maketh a grant of his Citie and afterwards recalleth it be effected there being warres betweene the Emperour and French King and Germany opposing it for whose sake it was called But when hee saw the intimation he began to thinke how to secure the place and sent a proposition to the Pope that in regard of the great number of those that would come to the Councel there was need of a great garrison which he would not haue depend vpon any but himselfe and that hee was not able to maintaine it Therefore in case his Holinesse would celebrate the Councell in that Citie he must allow him money for soldiers pay The Pope answered that the multitude would not consist of men of armes nor professed for the war but of Ecclesiasticall and learned persons which one magistrate whom hee would depute to render iustice with a small court and gard was able to keepe in order that a garrison of souldiers would breed a generall suspicion and became not the place of the Councell where all should appeare and bee truely peaceable and that in case a garrison were necessary it were not reasonable to put it into the hands of any but of the Councel it self that is of the Pope who is head thereof The Duke considering that iurisdiction draweth The Pope claymeth right to administer iustice where the Councell shall be celebrated with it absolute soueraigntie replyed that by no meanes hee would haue iustice administred in his Citie but by his owne officers The Pope a very wiseman who seldome receiued any answere which hee did not foresee was much amazed and answered the Dukes man that hee would neuer haue beleeued that by his Lord a Prince of Italy whose family hath beene so much aduanced by the Apostolicall Sea who had a brother a Cardinall that would bee denied him of which neuer any made doubt before which the Law of God and man doth giue him which the very Lutherans cannot denie that is to be supreame iudge of the Clergie a thing which the Duke denieth not to his owne Bishops to iudge the causes of Priests in Mantua That in the Councel none should be present but the Ecclesiastiques who are exempted from the secular power both themselues and their families Which Priests concubines are of Ecclesiasticall iurisdiction is so cleere that the Doctors of Diuinitie affirme that the very concubines of Priests are of Ecclesiasticall iurisdiction and yet he would denie him a Magistrate to render iustice to those men during the time of the Councell The Duke for all this was constant aswell in refusing the Popes Magistrates as also in demaunding pay for souldiers These conditions seeming hard to the Pope contrary as he sayd to the auncient custome and against the dignity The Pope resolueth not to call the Councel at Mantua of the Sea and Ecclesiasticall libertie he would not yeeld vnto them and resolued not to call the Councell at Mantua He remembred very well what happened to Iohn 23. for calling a Councell where another was stronger then hee His purpose therefore was to prolong the time and excused himselfe in a publique Bull saying in substance that though with griefe hee was constrained to depute an other place for the Synod yet hee endured it with
iusticed they should doe their businesse with too much feare Notwithstanding the Pope forsooke not his resolution but found a temper neuer vsed by any of his predecessors to lift vp the thunderbolt with his hand and to threaten to shoote yet to hold it without flinging it abroad and so to satisfie the Cardinals the Court and others and not to put the Papal authoritie in hazard Therefore he framed a Processe and most seuere sentence against that King the thirtieth of August 1535. and withall suspended the publication during his pleasure Yet secretly he let the copie goe into the hands of some that hee knew would cause it to bee deliuered to the King dispersing the rumor of the Bull that was framed and the suspension with fame that very suddenly hee would remooue the suspension and come to publication yet with deseigne neuer to proceede so farre And though hee wanted not hope that the King either for feare of the excommunication framed or by the inclination of his people or by the satietie of punishments vsed against those that disobeyed his Decree would induce himselfe or by the mediation of the Emperour or French King when by reason of the occurrences of the world hee should bee constrained to vnite himselfe with either of them would bee induced to yeeld yet he was principally mooued by the forenamed cause that he might not shew the weakenesse of his weapons and more confirme the King in his separation But in the end of three yeeres hee changed his purpose by reason of the prouocation which the King seemed to vse against him by sending out manifests against all his callings of the Councell and by opposing his actions though without particular offence of his person and lastly by hauing prosecuted cited condemned S. Thomas of Canterbury for a traitour to the The King of England senteneeth S. Thomas Bec 〈…〉 kingdome with confiscation of goods whom Alexander the third canonized in the yeere 1171. for being slaine in defence of the Ecclesiasticall power and liberty whose solemne feast the Church of Rome doth annually obserue which sentence was executed by taking the bones out of the graue which were publikely burned by the hangman and the ashes sprinkled in the riuer putting his hands into the treasures ornaments and reuenues of the Churches dedicated to him which was to touch a secret of the Popedome of farre greater importance then the matter of the Councel Whereunto ioyning some hope which hee conceiued from the conference with the French King which was that he would assist the malecontents of England so soone as hee was free from the warres with the Emperour the 17. of December he brandished the thunder-bolt of excommunication made three yeeres before and opened his hand to cast it forth which all this while was readie to doe it The causes alleadged were in substance these The diuorce obedience The causes of the excommunication and the punishments taken away the death of the Cardinall of Rochester and the proceeding against S. Thomas The punishments to the King were depriuation of his Kingdome and to his adherents of whatsoeuer they possessed commanding his Subiects to denie him obedience and strangers to haue any commerce in that kingdome and all to take armes against and to persecute both himselfe and his followers granting them their states and goods for their prey and their persons for their slaues But how much the Popes Briefe was esteemed and his commandements The excommunication was generally contemned obserued the leagues confederations peaces treaties which by the Emperour French King and other Catholique Princes were made with that King doe euidently declare In the beginning of the yeere 1539 new controuersies being raised in 1539 Germanie about religion and perhaps by men ofbad intentions who vsed it but for a pretence there was an assembly held in Francfurt whither the An assembly is helde in Francfurt about religion Emperour sent a commissioner and after long disputation there it was by his consent concluded the 19. of April that there should bee a conference in Noremberg the first of August to create quietly and louingly of Religion 1539 PAVL 3. 1. C 〈…〉 15. HENRY 8. 3. F 〈…〉 where on the one side and the other besides the Doctors other persons of wisedome were to be present sent by the Emperour King Ferdinand and other Princes to superintend at the colloquie and deale betweene the parties and what was determined by common consent should be signified to all the orders of the Empire and ratified by the Emperor in the next Diet. The Catholikes would haue the Pope intreated to send also some person to the conferent 〈◊〉 but the Protestants thought it contrary to their protestation and therefore it was not done This newes of the assembly being arriued at Whereat the Pope was much offended Rome the Pope was offended as well because there should be a treatie about Religion in Germanie as because it derogated from the credit of the Councell intimated though hee cared very little to haue it celebrated and more particularly because there was a dispute to admit of one to bee sent by him and in the end his authoritie wholly reiected Therefore hee suddenly dispatched into Spaine the Bishop of Monte Pulciano whose principall message was to perswade the Emperour not to confirme yea rather to annihilate the Decrees of that Diet. The Nuncio had a great and long instruction first to complaine grieuously He sendeth a Nuncio to the Emperor of the demeanor of Iohn Vessalius Archbishop of London his Commissary who forgetting his oath made to that Sea and infinite Benefits receiued from the Pope and the instruction giuen him by the Emperour had consented to the demands of the Lutherans with preiudice of the Apostolique Sea and dishonour of his imperiall Maiestie That London was corrupted with gifts and promises the Citie of Ausburg hauing giuen him 250. thousand Florins of gold and the King of Denmarke promised him 4. thousand Florins yeerely out of the fruits of his Archbishoprique of London which was taken from him That he thought to take a wife and forsake the Church A Citie in Denmarke and had neuer entred into holy orders The Nuncio had commandement to shew to the Emperour that if the things which London had graunted were confirmed by him they would shew that hee was not a sonne of the Apostolique Sea and that all the Catholique Princes of Germanie complained thereof and were of opinion that his Maiestie would not confirme them Hee gaue order also to propose vnto him his interests concerning the Dutchie of Ghelderland and the election of the King of the Romans to moue him the more putting him also in minde that hee could not haue Germanie at his disposition by tolerating the Lutheran heresies as London and others did perswade For it is a thing long since knowen that principalities cannot in likelihood be preserued where Religion is lost or where two religions are suffered
because that was the principall cause which induced the Pope not onely to consent as before but to vse all endeuours that the Councell might be celebrated and which assured the Protestants that neither in Councell nor in any other place where any Minister of the Pope was present they could hope to obtaine any thing The first action began the fifth of April and it was deliuered in the Emperours name that his Maiestie seeing the Turke entred into the bowels of Germany the cause whereof was the diuision of the States of the Empire for the difference in religion had alwayes sought a meanes of pacification and that of the Councel seeming vnto him most commodious he went purposely into Italy to treat thereof with Pope Clement and after not being able to bring it to effect he returned and went in person to Rome to make the same negotiation with Pope Paul in whom he found much readinesse But not being able to effect any thing by reason of diuers impediments of warre hee had finally called that Diet and besought the Pope to send a Legat thither The first action of the Diet in Ratisbon Now he desired nothing but that some composition might be made and that some small number of godly and learned men might bee chosen on either side to conferre vpon the controuersies in friendly maner without preiudice of either of the parties and propose to the Diet the means of concord that all being consulted with the Legate the wished conclusion might be attained Suddenly there arose a controuersie betweene the Catholiques and Protestants about the manner of choosing those that should treat Wherefore the Emperour beeing desirous that some good should bee done demanded and obtayned of either partie power to nominate the persons desiring them to beleeue he would do nothing but for the common good For the Catholiques he elected Iohn Ecchius Iulius Flugius The names of the disputants and Iohn Groperus and for the Protestants Philip Melancthon Martin Bucer and Iohn Pistoria whom he called to him and grauely admonished them to abandon all passion and to ayme onely at the glory of God He made Frederique the Prince Palatine and Granuel Presidents of the Colloquie adding vnto them some others that all might passe with the greater dignity When the assembly was made Granuel published a booke and said it was giuen to A booke giuen to the Emperour as a 〈◊〉 for the future concord the Emperor by some godly and learned men as a direction for the future concord and that his will was they should read and examine it that it might serue for an argument and subiect of what they ought to treat that that which pleased all might be confirmed that which displeased all might bee corrected and in that wherein they assented not meanes might be vsed to reduce them to an agreement The booke contained 22. Articles The creation of man the integrity of nature free will the cause of originall sinne Iustification the Church her signes the signes of the word of God penance after sinne the authoritie of the Church the interpretation of the Scripture the Sacraments Order Baptisme Confirmation the Eucharist Penance Matrimony extreame Vnction charitie the Ecclesiasticall Hierarchie the articles determined by the Church the vse administration and ceremonies of the Sacraments Ecclesiasticall discipline and discipline of the people It was read and examined and some things were approoued some things amended by common consent and in others they could not agree And these were the ninth of the power of the Church the foureteenth of the Sacrament of Penance the eighteenth of the Hierarchie the 19. of the articles determined by the Church the 21. of single life In these they differed and either partie wrote his opinion This being done in the assembly of all the Princes the Emperour required the opinions of them all concerning the things agreed on and the different opinions of the Collocutors and withall proposed the amendement of the state of the Common-wealth as well ciuill as Ecclesiasticall The Bishops reiected absolutely the Booke of the concord and whatsoeuer was done in the Colloquie vnto whom the other Electors and Catholike Princes desirous of peace agreed not and it was concluded that the Emperour as aduocate of the Church together with the Apostolike Legat should examine the things agreed on and if any thing were obscure should cause it to bee expounded and should treat with the Protestants that concerning the things in controuersie they should consent to some Christian forme of concord Caesar imparted all to the Legat and vrged him that the Ecclesiasticall State ought to be reformed The Legat after he had considered of all the businesse answered in writing not more perspicuously then the ancient Oracles in this The Legate speaketh like 〈◊〉 Oracle manner That hauing seene the Booke presented to the Emperour and what was written by the deputies of the Colloquie as well the explications of either partie as the exceptions of the Protestants it seemed that the Protestants differing in-certaine articles from the common consent of the Church in which not withstanding he despaired not that with the helpe of God they might be induced to agree nothing should be ordered concerning the residue but referred to the Pope and the Apostolicall Sea who either in the generall Councell or some other way if there shall bee cause will define them according to the Catholique trueth with regard vnto the times and what shall bee expedient for the Christian Common-wealth and for Germanie But for reformation of the Cleargie hee promised all readinesse and to The exhortatation of the Legat Contarini made to the Prâ—â—â—s that end called into his house all the Bishops and made them a long exhortation First for their manner of liuing that they should abstaine from all scandall and appearance of luxurie auarice and ambition For their familie that they should vnderstand that from it the people made coniecture of the manners of the Bishop that the better to keepe their flocke they should remaine in the most inhabited places of the Diocesse haue diligent watchmen else-where that they should visite the Diocesses giue the Benefices to honest and fit men spend their reuenues vpon the necessitie of the poore flying not onely luxurie but all superfluous pompe make prouision of godly learned discreet and not contentious Preachers procure that the yonger sort be well brought vp because by this meanes the Protestants draw all the Nobilitie vnto them Hee committed this Oration to writing and gaue it to the Emperour to the Bishops and the Princes which gaue occasion to the Protestants to taxe the answere made to Caesar together with the exhortation made to the Prelats alledging for their motiue that the writing being published they should seeme to approoue it if they dissembled the knowledge of it His answere made to the Emperour pleased not the Catholiques because it appeared that he did approue the things agreed on in the Conference But
England did waxe greater for that the Emperour had neuer The Popes disdaine against the Emperour is increased assented to any of those maine and ample matches offered him by the Cardinall Farnese whom he sent Legate with him into Germany concerning the grant of the Dutchie of Milan to the Familie of the Farnesi and that being to assist in the Diet of Spira he would not suffer the Cardinall Legate to follow him thither for feare of offending the Protestants And finally considering the Decree made in the Diet so preiudiciall to him and the Apostolique sea he was more offended because hee saw his hopes lost and his authoritie and reputation much diminished and iudged it necessarie to shew he was sensible of it And though on the other side hee considered that his partie in Germany was weakened and was counselled by his most inward friends to dissemble yet finally beeing assured that by declaring himselfe openly against Caesar hee did more straitly binde the French King to maintaine his reputation hee resolued to begin from wordes to take occasion to passe to deeds as the coniunctures should comport And the fifth of August he wrote a great long letter to the Emperor the substance whereof was That hauing vnderstood what decrees were made The Pope writeth a long angry letter to the Emperour in Spira his duty and fatherly charitie did inforce him to tell him his opinion that he might not follow the example of Ely the Priest whom God seuerely punished for his too much indulgence towards his sonnes That the Decrees of Spira were dangerous for the Emperours soule and extreamly troubled the Church that hee should not violate the rules obserued by Christians which command that in the cause of religion all should bee referred to the Church of Rome and yet hee not esteeming the Pope who onely by the law of God and man hath power to call Councels And to decree in spirituall matters was willing to thinke of assembling a Generall of Nationall Councell and hath suffered Idiots and Heretiques to iudge of religion hath made decrees concerning sacred goods restored to honour the rebels of the Church whom he had condemned by his owne Edicts that he is willing to beleeue that hee hath not done these things by his owne inclination but by the pernicious counsell of those that beare ill will to the Church of Rome and that he complaineth of this that he hath yeelded vnto them that the Scripture is full of examples of the wrath of God against the vsurpers of the office of the High Priest of Vzza Dathan Abiron and Core of King Ozias and others That it is not a sufficient excuse to say the Decrees are but temporary vntill the Councel onely For though the thing done be holy yet in regard of the person that did it it not belonging to him it is wicked That God hath alwayes exalted those Princes that haue beene deuoted to the sea of Rome Head of all Churches Constantine the Theodosij and Charles the Great and contrarily hath punished those that haue not giuen due respect vnto it Examples hereof are Anastasius Mauritius Constan◠the 2. Pilip Leo and others and Henry the 4. was for this cause chastised by his owne sonne as also Fredericke the 2. by his And not Princes onely but whole Nations haue beene punished for it the Iewes for putting to death Christ the Sonne of God the Grecians for hauing many wayes contemned his Vicar which things he ought the more to feare because he is descended from those Emperours who haue receiued more honour from the Church of Rome then they haue giuen it That he commendeth him for desiring the amendment of the Church but withall doth aduise him to leaue the charge thereof to him to whom God hath giuen it That the Emperour is a Minister but not a Gouernour nor an Head He added that hee desired the reformation and hath declared it often by intimating the Councel whensoeuer any sparke of hope hath appeared that it might be assembled and though in vaine vntill then yet hee had not beene wanting to his duety desiring much a Councel which is the only remedy against all mischiefes as well for the generall good of Christendome as the particular of Germany which hath more neede thereof That it hath beene intimated already though deferred vntill a more commodious time by reason of the warres That it belongeth to the Emperour himselfe to giue way that it may bee celebrated by making peace or deferring the warre while matters of religion are handled in the Councel That hee should obey these fatherly commandes exclude from the Imperiall Diets all disputes about religion and referre them to the Pope ordaine nothing concerning Ecclesiasticall goods reuoke the grantes made to the rebels against the Sea of Rome otherwise to performe his owne duety that he shall be forced to vse greater seuerity against him then hee would THE HISTORIE OF THE COVNCELL OF TRENT THE SECOND BOOKE THe Warre betweene the Emperour and the French The Emperor is wholly incliued to peace which was cōcluded the 24. of September King lasted not long For the Emperor saw plainely that while he was busied in that and his brother in the other against the Turke Germanie so much increased in libertie that the Imperiall name would not be esteemed within a short time and that so long as hee made Warre in France he imitated Esops dogge who following the shadow lost both it and the bodie Whereupon he hearkened to the propositions of peace made by the French men with designe not onely to be freed from that impediment but by the Kings meanes to accommodate the Turkish affaires and applie himselfe vnto Germanie The foure and twentieth of September the peace was concluded betweene them and amongst other things they both capitulated to defend the old Religion and to labour for the vnion of the Church and reformation of the Court of Rome from whence all the dissensions are deriued and that for this purpose the Pope should ioyntly be requested to call the Councell and the French King should send to the Diet of Germanie to perswade the Protestants to accept it The Pope was not afraide of the capitulation for the Councell and reformation of the Court being assured that whensoeuer they began that enterprise by reason of their diuers ends and interests they would not long agree neither did he doubt but that the designe being to be executed by a Councell he would so accommodate euery treatie that his authoritie should be amplified But he thought that in case he should call the Councell at their request the world would imagine he was constrained which would bring much dishonour to his reputation and incouragement to him that designed the moderation of the Papall power Therefore not expecting to be preuented by any of them and dissembling The Pope dissembleth his suspicions the suspicions conceiued against the Emperour euen those that were most important which the peace made
which commandeth to haue the Hebrew text to examine the relitie of the bookes of the old Testament and the Greeke for a direction in those of the new To approoue a translation as authenticall was to condemne S. Hierome and all those who haue translated If any be authenticall to what end serue the rest which are not it would bee a great vanitie to produce vncertaine copies when there are some infallible That they should bee of the opinion of 9. Hierome and Caietane that euery Interpreter may erre though he haue vsed all arte not to vary from the originall But sure it is that if the holy Councell should examine or correct an interpretation according to the true text the holy Ghost which assisteth Synods in matters of faith would keepe them from erring and such a translation so examined and approoued might bee called authenticall But that any could be approoued without such an examination with assurance of the assistance of the holy Ghost hee durst not say except the Synode did determine it seeing that in the Councel of the holy Apostles a great inquisition was made before But this beeing a worke of tenne yeeres and impossible to be vndertaken it seemed better to leaue things as they had remained 1500. yeeres that the Latine translations should be verified by the originall Texts On the contrary the maior part of the Diuines said that it was necessary to account that translation which formerly hath beene read in the Churches and vsed in the schooles to be diuine and authenticall otherwise they should yeeld the cause to the Lutherans and open a gate to innumerable heresies hereafter and continually trouble the peace of Christendome That the doctrine of the Church of Rome mother and mistresse of all the rest is in a great part founded by the Popes and by schoole Diuines vpon some passage of the Scripture which if euery one had liberty to examine whether it were well translated running to other translations or seeking how it was in the Greeke or Hebrew these new Grammarians would confound all and would be made Iudges and arbiters of faith and in stead of Diuines and Canonists Pedanties should be preferred to be Bishops and Cardinals The Inquisitors will not be able to proceede against the Lutherans in case they know not Hebrew and Greeke because they will suddenly answere the text is not so and that the translation is false and euery nouity or toy that shall come into the head of any Grammarian either for malice or want of knowledge in Diuinity so that he may but finde some grammaticall tricke in those tongues to confirme it will be sufficient to ground himselfe thereon and he will neuer make an end That it doth appeare since Luther began to translate the Scripture how many diuers and contrary translations haue seene the light which deserue to bee buried in perpetuall darkenesse and how often Martin himselfe hath changed his owne translation that neuer any hath beene reprinted without some notable change not of one or two passages but of an hundred in a breath that if this libertie bee giuen to all Christianitie will soone be brought to that passe that no man will know what to beleeue To these reasons which the maior part applauded others added also that if the prouidence of God hath giuen an authenticall Scripture to the Synagogue and an authenticall New Testament to the Grecians it cannot be said without derogation that the Church of Rome more beloued then the rest hath wanted this great benefit and therefore that the same holy Ghost who did dictate the holy bookes hath dictated also that translation which ought to be accepted by the Church of Rome Some thought it hard to make a Prophet or Apostle onely to translate a booke therefore they moderated the assertion and said that he had not a Prophericall or Apostolicall Spirit but one very neere And if any should make dainty to giue the spirit of God to the Interpreter yet he cannot deny it to the Councell and when the vulgar edition shall bee approued and an anathema thundered against whosoeuer will not receiue it this will be without error not by the spirit of him that wrote it but of the Synode that hath receiued it for such D. Isidorus Clarus a Brescian and a Benedictine Abbat a man well seene in this studie went about to remooue this opinion by an historicall narration and said in substance that in the Primitiue Church there were many Greeke translations of the Old Testament which Origen gathered into one volume confornting them in sixe columnes the chiefe of these is called of the Septuagint from whence diuers in Latine were taken and many were taken from the Greeke text of the new Testament one of which most followed and read in the Church and esteemed the best by Saint Austin is called Itala yet so as that the Greeke text ought vndoubtedly to bee preferred But Saint Hierom a man as all doe know skilfull in the knowledge of tongues seeing that of the olde Testament to swarue from the Hebrew trueth by the fault partly of the Greeke interpreter and partly of the Latin made one immediately out of the Hebrew and amended that of the new Testament according to the trueth of the Greeke text Hieroms credit made his translation to bee receiued by many but was reiected by some either because they loued more the errours of antiquitie then new trueths or as himselfe complaineth by reason of emulation But a few yeeres after when enuie was laid aside that of S. Hierom was receiued by all the Latins so they were both in vse one being called the olde and the other the new Saint Gregorie writing to Leander vpon Iob testifieth that the Apostolike Sea vseth them both and that himselfe in the exposition of that booke made choice to follow the new as conformable to the Hebrew text yet in the allegations he would vse sometimes one sometimes another as it best befitted his purpose The times following by the vse of them both composed one taking part of the new and part of the olde according as the accidents required and to this the name of the vulgar Edition was giuen The Psalmes were all of the olde because being dayly sung in the Churches they could not be changed The lesser Prophets are all of the new the greater mixt of both This is very true that all hath happened by the ordinance of God without which nothing can succeede But yet it cannot be said that there was in it greater knowledge then humane Saint Hierome saith plainely that no interpreter S. Ierom saith that no interpreter hath spoken by the holy Ghost hath spoken by the holy Ghost The Edition which wee haue is his for the most part it would bee strange to attribute the assistance of God to him that knoweth and affirmeth hee hath it not Wherefore no translation can bee compared to the text in the originall tongue Therefore his opinion was that the vulgar
great reason to exempt from originall sinne none but him For vnto him the promise of the Redeemer was made CHRIST is euer called the seed of Abraham and Abraham the Father of CHRIST and of all that beleeue a paterne of the faithfull These be greater dignities then to beare CHRIST in the belly according to that diuine answere that the Virgin was more blessed in hauing heard the word of GOD then in hauing borne CHRIST and giuen him sucke And he that will not for preheminencie except Abraham but onely esteeme for sound the ancient reason that CHRIST IS without sinne because he was borne of the holy Ghost without the seed of man will say it is better to follow the councell of the wise man and containe ones selfe within the bounds set downe by the Fathers They added that the world was much bound to the Councell for being contented to say that it confesseth and thinketh that concupiscence remaineth in the baptized or else men would be compelled to deny to feele that which they do In the decree of reformation it was expected that order should haue been taken with the schoole-men and Canonists with these for giuing diuine proprieties to the Pope euen to call him God attributing vnto him infallibilitie and making the same tribunall of both saying also that he is more mercifull then CHRIST with the Schoole men who leauing the Scripture or making it all doubtfull haue made Aritostles Philosophy the foundation of Theologie euen making a question whether there be a GOD and disputing of it on both sides It seemed strange that it was vnknowen vntill then that to preach was the office of Bishops that the abuse of preaching vanities or any thing but CHRIST was not remooued that prouision was made against the open merchandizing of Preachers vnder the name of almes Newes beeing come of these decrees to the Emperours The D 〈…〉 es a 〈…〉 in the Emperors Court Court it was taken in ill part that light matters not required by Germany were handled and that in matter of faith the disputes were awaked by the decree For the controuersie of originall sinne being almost agreed in the Colloquies from the Councell from whence composition was expected a decree did proceed against the things accorded and it was written in the Emperours name to his Ministers in Trent that they should promote the reformation and endeauour that the controuersie of faith should be deferred vntill the Protestants came whom the Emperour was perswaded hee could bring thither or at least vntill the Prelates of Germany did arriue who would put themselues into the iourney so soone as the Diet was ended But they talked but a little while of these affaires of the Councell because other accidents happened which drew all mens eyes and mindes vnto them For in Rome the 26. of Iune the Cardinall of Trent concluded a league The Cardinall of Trent concludeth a league the 26. of June betweene the Pope and the Emperour against the Protestants betweene the Pope and Emperor against the Protestants of Germanie the treaty whereof was begun the yeere before in Wormes by Cardinall Farnese as hath been said and afterwards continued by other Ministers The causes alleadged and the conditions were because Germany had a long time perseuered in heresie for remedie whereof the Councell was assembled in Trent and already begun whereunto the Protestants refusing to submit the Pope and Emperour for the glory of GOD and safetie of Germanie doe agree The causes and capitulations of this league that the Emperour shall take armes against those that refuse it and reduce them to the obedience of the holy Sea and for this the Pope shall lay in Venice an hundred thousand crownes in trust beside the hundred thousand laid there all ready to spend in this vse onely and shall send to the war at his owne charges twelue thousand Italian foote and fiue hundred light horse for sixe moneths shall giue the Emperour for this yeere halfe the rents of the Churches of Spaine and power to alienate of the reuenewes of the Monasteries of those kingdomes to the valew of fiue hundred thousand crownes that during the sixe moneths the Emperour shall not make an accord with the Protestants without the Pope who also shall haue a certaine portion of whatsoeuer is gained by the war and if the war continue longer new capitulations which shall seeme fit to both parties shall be treated on and place shall be left for other to enter into the league bearing part of the charges and receiuing part of the profits There was one capitulation apart which was kept secret concerning the French Kings that if any Christian Prince during the warre did mooue latines against the Emperour the Pope should bee bound to persecute him with spirituall and temporall forces A few dayes after the Pope wrote to the Suisses inuiting them to assist The Pope writeth to the Suissès him first shewing in ample termes his beneuolence towards them and the griefe he felt for that some of them had ostranged themselues from his obedience and thanking God for those who perseuered and commonding them all for that in this difference of religion they keep themselues in peace whereas in other places diuers tumults did arise for the same cause he added that to prouide against them hee had ordained the Counsell of Trent hoping that no man would refuse to submit himselfe and hee was assured that those amongst them who vntill then 〈◊〉 in the Apostolicall obedience will obey the Councell and the others not conteinneth Hee inuited them also to come thither complayning that many in Germanie who are called Princes did proudly disdaine and despise the Councell whose authoritie is rather Diuine then humane This hath compelled him to thinke of force and Armes And because it hath happened that the Emperour hath made the same resolution hee hath beene constrained to ioyne With him and assist him with his owne and the Churches power to restore religion by warre That hee was willing to signifie his purpose and minde vnto them that they may ioyne their prayers with him render the auncient honour to the Church of Rome and assist him in so pious a cause But the Emperour made shew he vndertooke the warre not for religion The Emperor would not haue it thought that this war is made for religion but for matters of State for that some denied him obedience plotted with strangers against him and refused to obey the Lawes vsurped the possessions of others especially the Churches going about to make Bishoprikes and Abbacies hereditarie and that hauing prooued diuers gentle meanes to reduce them they euer became more insolent On the other side the Protestants laboured to make manifest to the And the Protestants shevv the contrary world that all proceeded from the instigation of the Pope and of the Councell of Trent They put the Emperour in minde of the Capitulations which he swore in Frankfurt when hee was
created Emperour and they made protestation of the iniurie But many of the Protestants kept themselues on his side because they could not beleeue that hee had any other respects then of State And the Arch-bishop of Collen of whom wee haue spoken The Arch-b 〈…〉 of Collen sentenced by the Pope is obeyed by his people and followeth the Emperour before who though hee were sentenced and depriued by the Pope continued in gouerment and was obeyed by his people followed the Emperour who also acknowledged him for Election and Arch-bishop and wrote vnto him that none of his subiects might beare armes against him wherein the Arch-bishop imployed his endeuours sincerely The Elector of Saxonie and the Landgraue seeing this they published a Manifest the eleuenth of Iuly declaring that the warre was vndertaken for Religion and that the Emperour couered his meaning with a cloake of taking reuenge against some few for rebellion to disioyne the confederates and oppresse them by degrees They alleadged that Ferdinand and Granuell and other ministers of his Maiestie had said that the cause of this warre was the The Elector of Saxonie and the Landgraue of Has 〈…〉 a publish a Manifest against the Emperour contempt of the Councell they called to minde the Popes sentence against the Elector of Collen they added that the Spanish Prelates would not haue contributed so much of their proper reuenewes for any other cause they shewed that in other things the Emperour could pretend nothing against them But while the Pope and Emperour prepared against the Lutherans some thing beside Anathematismes the day after the Session the eighteenth of Iune a Congregation was made where after the accustomed prayers and inuocation Iustification is to be handled in the next place of the holy Ghost the Secretary read in the Legates name a writing framed by the principal Theologues in which it was proposed that hauing by diuine inspiration condemned the heresies concerning originall sinne the order of the things to bee handled did require that the doctrine of the modernes in the point of diuinegrace which is the medicine of sinne should be examined and that the rather it was fit to follow the order because it was obserued by the Augustane Confession all which the Councell meaneth to condemne And the Fathers and Diuines were intreated to haue recourse by prayer vnto the diuine assistance and to be assiduous and exact in their studies because all the errours of Martin were resolued into that point For hauing vndertaken from the beginning to oppugne the Indulgences he saw hee could not obtaine his purpose except hee destroyed the workes of repentance in defect whereof Indulgences doe succeede And iustification by faith onely a thing neuer heard of before seemed to him a good meanes to effect this from whence he hath collected not onely that good workes are not necessary but also that a dissolute liberty in obseruing the Law of GOD and of the Church will serue the turne hath denyed efficiencie in the Sacraments authority of Priests Purgatorie sacrifice of the Masse and all other remedies for remission of sinnes Therefore by a contrary way he that will establish the body of the Catholike doctrine must ouerthrow this heresie of iustice by faith onely and condemne the blasphemies of that enemie of good workes When the writing was read the Emperours Prelates said that the more principall and important the point proposed was it should bee the more maturely and opportunely handled that the sending of the Cardinall Madruccio to the Pope shewed that some businesse was on foote the which it was not fit to disturbe but in the meane space to handle some thing of the reformation The Papalins did on the other side inculcate that it was no honour to interrupt the order begun to handle together in euery Session doctrine and reformation and that after originall sinne no other matter could be handled The Legates hauing heard all their opinions concluded that to discusse the points and prepare them was not to define them but that they could not bee determined without preparation before Which they said onely to gaine time and after to put themselues in order to execute what should bee resolued at Rome betweene the Pope and the Cardinall in the Emperours name That to digest that matter was not to hinder the reformation because in that the Diuines would bee imployed and in this the Fathers and Canonists With this resolution it was concluded that the Articles to bee discussed and censured should bee collected out of the bookes of Luther out of the Colloquies Apologies and out of the writings of the Lutherans and Fathers And three Fathers and as many Diuines were deputed to set downe what should bee discussed and to frame the Articles The next Congregation was held to order the matter of Reformation The discourse of the Card. Monte concerning residencie where the Cardinal of Monte sayd that the world hath complayned long since of the absence of Prelats and Pastoures dayly demanding residence that the absence of the Prelats and other Curats from their Churches is the cause of all the mischiefes of the Church For the Church may bee compared to a ship the sinking whereof is ascribed to the absent Pilot that should gouerne it if he were present He shewed to them that heresies ignorance and dissolution doe reigne in the people and bad manners and vices in the Clergie because the Pastours being absent from the flocke no man hath care to instruct those or correct these By the Prelates absence it is come to passe that ignorant and vnlearned Ministers haue beene promoted and persons assumed to bishoprickes that were more fit for any other charge for in regard they neede not execute their duety in person no fitnesse is necessary So he concluded that to establish the point of residencie was a generall remedy for all the maladies of the Church which also hath sometimes beene vsed by Councels and Popes but either for that the transgressions were then but few or for some other cause it was not applyed with such strong and strait bonds as is necessarie now that the disease is come to the height that is with a more seuere commandement with more greiuous and fearefull punishments and by meanes more easie to be executed This was approued by the first voyces of the Prelates But when Iacomo The Bishop of Vesone speaketh in fauour of nonresidency Cortesi a Florentin Bishop of Vesone was to speake commending what had beene sayd by others he added that as hee beleeued that the presence of the Prelats and Curats in times past was the cause of maintayning purity of faith in the people and discipline in the Clergie so hee could cleerely shew that their absence in these latter times hath not beene the cause of the contrary subuersion and that the custome of not residing hath beene brought in because residence hath beene wholy vnprofitable For the Bishops could not then preserue sound doctrine amongst
which maketh a iudiciall processe and saith that none can accuse or condemne GODs Elect because GOD doth iustifiethem where the iudiciall words to accuse and condemne doe shew that the word Iustifie is iudiciall also But the Franciscans approued habituall grace because charity it selfe is an habit And here was a sharpe disputation betweene them and the Dominicans whether the habit of Grace be the same with the habit of Charity as Scotus would or distinct as Saint Thomas and neither party yeelding they debated whether besides this Grace or inherent Iustice the Iustice of CHRIST also bee imputed to the iustified as if it were his owne which they did in regard of the opinion of Alvertus Pighius who confessing the inherent added that we must not trust in that but in the imputed iustice of CHRIST as if it were ours None doubted that CHRIST had merited for vs but some blamed the word to Impute and would haue it abolished because it was not to bee found in Fathers who contented themselues with the words Communication participation diffusion deriuation application computation and coniunction Others said that agreeing vpon the thing they ought not to differ vpon the word because it signifieth precisely the same that the others doe which though not by all and often yet sometimes was vsed For this the 109. Epistle of Saint Barnard was brought and Vega defended that though the word be not found in the Scriptures yet it is a most proper Latine word to say that the iustice of CHRIST is imputed to mankind for satisfaction and merit and that it is continually imputed to all that bee iustified and doe satisfie for their owne sinnes but hee would not haue it sayd it was imputed as if it were ours Whereunto it being opposed that Saint Thomas vseth to say that the passion of CHRIST is communicated to the baptized for remission as if himselfe had sustained it and died there was a long and great contention vpon his words The Heremite Generall held an opinion that in the Sacrament of Baptisme the Iustice of CHRIST is imputed because it is communicated wholly and intirely but not in penance when our satisfactions are also required But Soto sayd the word Imputation was most popular and plausible because it signified at the first sight that all should bee acknowledged from CHRIST but yet that he did euer suspect it in regard of the bad consequences which the Lutheranes draw from thence That is that this onely is sufficient without inherent righteousnes that the Sacraments doe not conferre grace that the punishment is abolished together with the guilt that there remaineth no place for satisfaction that all are equall in grace iustice and glorie whence they deduce also that abominable blasphemie that euery iust man is equall to the blessed Virgin This admonition begat such a suspicion in the hearers that there appeared a manifest inclination to condemne the word for hereticall though reasons were effectually replyed to the contrary The contentions betweene the Theologues did certainly arise from the immoderate affection they bare to their owne sect and were cherished by diuers for diuers ends By the Imperialists to constraine them to abandon iustification By the Courtiers to find a way to separate the Councell and so to auoid the imminent reformation And by others to free themselues from incommodities which they feared would be greater by reason of the dearth Contentions in the Councell are cherished by diuers for diuers ends A Iubily is published in Rome in which religion is declared to be the cause of the warâ—e against the Protestants and of the warre which approached and the rather because they had little hope to doe good But while they thus dispute in Trent the Pope published a Iubile in Rome the fifteenth of Iuly by which he eased the Princes of Germany of the paines to find out or perswade others the true cause of the warre For hauing largely declared in that Bull his pastorall affection and care for the saluation of men relating the perdition of soules by the increase of heresies and that to roote them out the Councell was alreadie begun hee bewailed aboue measure the obstinacie of the heretikes who contemne and refuse to obey it and to submit themselues to the determination thereof For remedie whereof he had made a League with the Emperour to reduce them to the obedience of the Church by force of Armes Hee therefore wished them all to haue recourse vnto GOD by prayers fastings confessions and communions that GOD of his Diuine Maiestie would giue a good issue to this warre vndertaken for his glory exaltation of the Church and extirpation of heresies The Emperour in conformity to his purpose of concealing the cause of The Emperours Bandâ— against the Sax on and Landgraue Religion the twentieth of the same moneth published a Bando against the Saxon and Landgraue laying to their charge that they had alwayes hindered his designes had neuer obeyed him made conspiracies against him mooued warre against other Princes of the Empire seased vpon Bishoprickes and other gouernments dispossessed many of their goods and couered all these things with the glorious and sweet name of Religion peace and liberty but hauing indeede rather any other end Therefore hee doeth prescribe them as perfidious rebels seditious guilty of high treason and enemies of the publike peace and commandeth that none doe assist them or be linked with them absolueth the nobility and people of their dominions from their Oath of fidelitie including all those in the Bando who perseuere to obey them The cause of the warre alleadged by the Emperour grieued the Pope and The Pope and the Emperour are offended one with another for alleadging diuers causes of the warre that of the Pope grieued the Emperor because both their ends were hindred For though the Pope pretended that he had published this Manifest that all the people of Christendome might implore the ayde of God to fauour the Emperours Armes yet both he and euery man of iudgement knew very well that it was to giue notice to Germany and the whole world that the warre was for Religion which the simpler sort also did know a little after For his letter to the Suisses before mentioned and a copie of the Capitulations made with Madruccio were published The Pope crossed Casar in this because hee desired the suppression of the Protestants without the exaltation of the Emperour and therefore to ballance them well hee meant to constraine all the professors of the new Religion to vnite against him And it is certaine that the Popes action hindered the Emperours designes For desiring the Suisses to continue their league with the house of Austria and Burgundy and not assist the rebels the Euangelikes answered that they would first be sure that the warre was not for Religion So it hapened that the warre being but newly begun diseords were already sowed betweene the Princes lately confederated The Potentates of Italie were amazed
aiming at this marke said for the present that the matter was hard and had need of greater examination that where the controuersie is betweene the Catholikes they ought not to condemne one part for feare of making a schisme and sowing contentions that they may ioyntly indeauour to confute the Lutherans Therefore that it were better to deferre the declaration by what right it is due vntil another Session Some thought it sufficient to renew the old Canons and Decretals in this matter and sayd they were seuere enough because they inflicted depriuation for a punishment and reasonable enough because they admitted lawfull excuses There remained to find a way that dispensations might not be granted and that was sufficient Others thought it necessary to adde new punishments and remoue the impediments which was of the greatest importance because those being taken away residencie would follow and that it was no matter from whence the obligation came so it were executed and that this being done the matter would be better discussed It pleased the maior part that the one and the other should be done whereunto the Legates g 〈…〉 vpon condition that the dispensations should not bee spoken against but to cause them not to be desired that the impediments should bee taken away which come by exemptions wherein there was as much spoken and with no lesse con 〈…〉 between those which held euery exemption for all abuse and those who thought them necessary in the Church and reproued onely the excesses S. Ierom witnesseth that in the first beginnings of Christianity the Churches A discourse of the Authour concerning exemptions were gouerned by a kinde of Aristocracy by the common counsell of the Presbytery but to withstand the diuisions which were brought in the monarchicall gouernement was instituted giuing all the superintendency to the Bishop whom all the orders of the Church did obey neither 〈◊〉 any one thinke to withdraw himselfe from vnder the authority The neighbour Bishops whose Churches because they were vnder one Prouince had commerce did gouerne themselues also in common by Synods and to make the gouernement more easie attributing much to the Bishop of the principall City they made him as it were Head of that body and by a more ample communion which all the Prouinces of one perfecture or great gouernement held together the Bishop of the City where the Ruler did reside gained a certaine superiority by custome These prefectures were the Imperiall City of Rome with the Cities adioyning the prefecture of Alexandria which gouerned Egypt Libya and Pentapolis of Antioch for Syria and other Prouinces of the East and in the other lesser prefectures called in Greeke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the same was obserued This gouernement brought in and approoued by custome onely which found it commodious was established by the first Councell of Nice vnder Constantine and ordained by a Canon that it should continue and euery one was so farre from putting himselfe out of this order that the Bishop of Ierusalem hauing many honourable preheminences perhaps because it was the place where our Sauiour Christ conuersed in the flesh and was the fountaine of Religion the Councell of Nice did ordaine that those honours should still remaine but so that nothing was detracted from the Metropolitan then Bishop of Cesarea This gouernement which hath bin euer held in all the Churches of the East was altered in the Latine because many great Monasteries being built gouerned by Abbates of great fame and worth who by their conspicuous virtues made the Bishops afraid there arose some emulation betweene these and those and the Abbates to free themselues from these inconueniences whether reall or fained and to couer their ambition to withdraw themselues from the subiection which they owed did obtaine of Popes to bee receiued vnder the protection of Saint Peter and immediately vnder the subiection of the Pope This being profitable for the Court of Rome because he that obtaineth priuiledges is bound to maintaine the authority of him that granteth them suddenly all the Monasteries were exempted The Chapters also of Cathedrall Churches consisting for the most part of Regulars by the same pretences did obtaine exemption Finally the Cluniacensian and Cistersian Congregations were all wholly exempted With great inlargement of the Popes authority which came to haue subiects in all places defended and protected by the Papacie and interchangeably defenders and protectors The inuention was not commended by Saint Bernard who liued in that time and was of the Cistersian Congregation yea hee admonished Pope Eugenius to consider thereof that all were abuses that it ought not to be well taken if an Abbat did refuse to obey the Bishop and the Bishop the Metropolitane that the militant Church should take example by the triumphant where no Angel euer said I will not be vnder the Archangel But Bernard would haue said more if hee had liued in the times following when the Mendicant Orders obtained not onely a generall exemption from the Episcopall authority but power also to build Churches in any place whatsoeuer and to administer the Sacraments in them But in these last ages the abuse went on so farre that euery petty Priest did obtaine with a smal charge an exemption from the superiority of his Bishop not onely in causes of correction but also to be ordained by whom he listeth and in summe not to acknowledge the Bishop at all This beeing the state of the cause and the Bishops requiring remedie some that were more vehement returned to the things spoken in the Congregations that were before the other Session against the exemption of Friars But the wiser sort thinking it impossible to obtaine any thing so long as the number and greatnesse of the Regular Orders continued and fauour of the Court they were contented to remooue onely the exemptions of the Chapters and particular persons and demande a reuocation of them all But the Legates treating with them in particular and putting then in mind that all the reformation could not bee made by that Session that it was fit to begin and leaue something for future times made them rest contented that the exemption of particular Priests Friars not inhabiting in the Cloysters A smal reformation in matter of exemption is made and of Chapters only in criminall causes should be remooued from whence the greater disorders doe arise as also faculties to giue Clericall Orders to him that resideth not in his owne diocesse promising to prouide against the other abuses in another Session While these things were handled in Trent the Pope hauing receiued aduice Card Farnese the Popes Legate with the Emperour is recalled from the Cardinall Farnese considering with how small reputation an Apostolique Legate did remaine in Ratisbon when his souldiers were in the field he recalled him and with him a great number of Italian Gentlemen which were of the Popes troupes did depart In the middest of October the two armies were so neere at Santhem that there was
but a little riuer betweene them And standing so Octauius Farnese sent by the Emperour The two Armies are neere together and Daueuert is taken by Octauius Farnese with the Italians and some Dutchmen tooke Daueuert in the sight of the enemie who hauing done nothing while he was in Sueuia but hindered the Emperour was constrained in Nouember to abandon the Countrey by reason of a great diuersion made by the Bohemians and others of the Imperiall High Germany is left to the Emperors discretion faction against Saxonie and Hassia places belonging to the two Protestants Heads who retired to defend their owne Countreys leauing High Germanie at the Emperours discretion and this was the cause why many Princes and Cities combined did incline to composition with him hauing honest caution to hold their religion But he would not make mention therof in writing lest the warre should seeme to bee made for that cause which would offend those that followed him make others more vnwilling to render themselues and giue suspicion to the Ecclesiastiques of Germanie who hoped to see the Romane Rites restored in euery place Yet his Ministers promised them all that they should not bee molested in the exercise of religion excusing their Master if for many respects he could not satisfie them to make a capitulation thereof and hee so caried himselfe that his resolution appeared to giue them content by conniuencie By these deditions the Emperour gained much artilery drew much money from the Cities to the value of many hundred thousands and which was of greatest importance was absolute Lord of all High Germanie This happinesse made the Popeiealous and thinke to prouide for himselfe The pope is iealous of the Emperor and recalleth his forces before all Germany were subdued His souldiers vnder the conduct of his grand-child Octauius were much diminished in number by reason of those who parted with the Cardinall Farnese and of others who did runne away by whole rankes for the incommodities they suffered The residue in the middest of December the Emperours Armie being lodged neere the Village of Sothen departed by order from the Pope from whom Octauius had commandement to returne into Italy and to tell his Vncle that the sixe moneths beeing ended the Pope could no longer beare so great a charge that the time of the obligation was ended and that effected for which the league was made that is Germany brought into obedience The Emperour complayned that Whereof the Emperour complaineth he was abandoned when he had most need of helpe For nothing was done so long as the Heads were not oppressed who could not bee said to be subdued but retired onely to defend their owne Territories and being deliuered from feare it was to bee doubted they would returne with greater forces and better order then before But the Pope iustified his not continuing in the The Pope iustifieth his action league and the departure of his men by saying that hee was not made partaker of the composition with the Cities and Princes which could not be established without him and especially because it was made with much preiudice of the Catholique faith tolerating heresie which might haue been rooted out That according to capitulation hee had not been partaker of the profits of the warre nor of the money the Countreys paid which did compound that the Emperour complained when himselfe was offended and disesteemed euen with dammage of religion Nor content with this hee forbade the Emperour to receiue money of the Churches of Spaine longer then the sixe moneths and though the Emperours Ministers made many effectuall treaties with him shewing that the cause continuing for which they were granted it required that the grant also should continue and that all would be in vaine and without fruit if the warre were not ended yet they The Fiesehi make a coÌ„spiracie against the Dâ—rij in Genua for which the Pope is blamed by the Emperiour could not remooue him from his resolution In Genua the family of the Fiesehi making a dangerous conspiracy which had almost taken effect against that of the Dorij which followed the Emperors side the Emperor was assured that the Popes son the Duke of Piacenza was author of it and beleeued that it came from the Pope and refrained not 1547 PAVL 3. CHARLES 5. HENRY 8. FRANCIS 1. to adde this complaint to the others The Pope beleeued the Emperour would be busied in Germanie a long time and not be able to offend him with temporall forces but feared he might trouble him by making the Protestants goe to the Councell To separate the Councell seemed too violent and scandalous a remedy especially hauing continued seuen moneths in a treatie whereof nothing was published He was of opinion to publish the things already digested seeing that by that declaration either the Protestants would The Popes resolution concerning the proceeding in Councell refuse to goe thither or if they went would be constrained to accept it wherein the principall point of all the controuersies consisting the victory would be his owne And if there were no other reason to doe it this was sufficient to prooue it was good for him because the Emperour would not haue any controuersies decided For the counsels of those that haue contrary ends ought to be contrary Hee saw well that the Emperour would not take it for an affront But the distastes betweene them were already so great that little could be added to them and the Pope when hee was pressed with reasons which did perswade and disswade was wont to vse the Florentine saying A thing done hath an head and so to execute that which was necessary Therefore he wrote to the Legates in Christmas that they should hold a Session and publish the decrees already framed This commandement being receiued they called a Congregation the third of Ianuary in 1547 which hauing determined by the vniforme consent of all to imitate a Session for the thirteenth in regard it was tedious to all to remaine there so long and resolue of nothing the Legates did propose the publication of the Decrees framed For those of faith the Emperours Prelates opposed and said that there was no opportunity as yet and that it sufficed to publish the reformation But the Papalins vrged the contrary alledging it was knowen to all the world that the point of grace and iustification had been discussed seuen moneths together and that the Decree was established and that it would be a derogation to the faith if the Councell should seeme to feare the publishing of the trueth which was decided And because these were more in number their opinion assisted by the Legates preuailed The two next Congregations were spent in reading againe the Decrees as well of faith as The Session is held the 13 of Ianuary and the Decrees of faith and reformation are published reformation the which some small matters beeing corrected by the aduice of those who were not present at the
the artifice of that proposition which is in the fifth Chapter Neque homo ipse nihil omnino agat which they sayd was not intelligible and without example For if the Synode would signifie Etiam homo ipse aliquid agat it might say so plainely as is fit to doe in matter of faith where the more simple expression is the better and if they would vse an elegancie they might say Etiam homo ipse nihil agat But the word omnino beeing interposed that speech is incongruous and without sence as all are which haue two negatiues that cannot be resolued into an affirmatiue For to resolue that one must say Etiam homo ipse aliquid omnino agat which is incongruous and not to bee vnderstood what aliquid omnino may signifie heere For it would say that a man hath an action in a certaine kinde which in another kinde is no action The Fathers were defended by saying that to examine the forme of Speech so seuerely was nothing but to cauill Whereunto they replyed that a gentle interpretation was due vnto vsuall formes of speach but that it is a publique vtility to discouer the artifice of him that leauing the cleere and vsuall phrases inuenteth those that are incongruous and containe in them contradiction to cauill and to play on both sides Those that vnderstood Theologie said that the doctrine that a man may alwayes refuse diuine inspirations was contrary to the publike and ancient prayer of the Church Et ad te nostras etiam rebelles compelle propitius Uoluntates Which is not fit wee should say is a vaine desire but that it is made by faith as S. Iames saith and granted by God to his elected They added that one could no more say with S. Paul that it commeth not from man which doth separate the vessell of wrath from those of Gods mercie that which separateth being that humane Non nihil omnino Many did consider that place of the seuenth Chapter where it is sayd Iustice is giuen by measure according to the good pleasure of God and the disposition of the receiuer both which things cannot bee true For if it pleased God to giue more to him that were lesse disposed it would not bee by measure of the disposition and if it bee by the measure of that there is alwayes the motiue by which God worketh and doeth not vse his good pleasure They marueiled that those were condemned who sayd that the Precepts of God were impossible to bee kept seeing that the same Councell in the Decree of the second Session exhorteth the faithfull assembled in Trent that repenting confessing and communicating they should obserue the Commaundements of God Quantum quisquis poterit Which modification would bee impious if the iustified could keepe them absolutely and they noted that the same word Praecepta was there to take away all cauill Those that were read in the Ecclesiasticall Story sayd that in all the Councels held in the Church from the Apostles time vntill now there were neuer so many Articles decided as in this Session onely in which Aristotle had a great part by hauing exactly distinguished all the kindes of causes which if hee had not done wee had wanted many Articles of Faith The Polititians also though they ought not to examinematters of Religion but simply follow them yet found matter of discourse in this Decree For seeing in the tenth Chapter the Obligation of obeying the Commandements of GOD and the Church and the same replied in the twentieth Canon they were scandalized because there was no mention of Obligation to the commandements of Princes and Magistrates They said that obedience vnto these is more plainely set downe in the Scripture that the old Law is full of it that the doctrine is cleere in the new Testament expressed and handled at large by CHRIST himselfe by Saint Peter and Saint Paul That there is found an expresse Obligation to heare the Church but none expresse to obey it Hee is obeyed who commandeth of his owne power and hee is heard who doeth promulgate that which belongeth to another man Neither were these men satisfied with the excuse that the commandements of Princes are included in those of God and that obedience is due vnto them because God hath commanded they should bee obeyed But they replyed that by this reason the Church rather ought to bee omitted and said that the Church was expressed and the Princes passed ouer in silence to breede according to the ancient scope of the Ecclesiastiques that pernicious opinion that men are bound to obey them for conscience sake and Princes and Magistrates onely for feare of temporall punishments and that otherwise their commandements may be transgressed without respect and so to cause euery gouernment to be hated accounted tyrannicall and subuerted and by describing the subiection vnto Priests to be the only principall way to gaine heauen to draw all iurisdiction to themselues and by consequence all authority The Decree of reformation was said to bee a meere illusion For to trust in God and the Pope that prouision should bee made of persons worthy to gouerne the Churches belongeth rather to him that prayeth then to him that reformeth To renew the ancient Canons with one word onely and one so generall was more to confirme the disuse of them but if they would restore them in earnest they should remooue the causes which haue buried them in silence giue them strength by penalties and deputation of those that should put them in execution and should vse other meanes which doe reuiue and preserue Lawes In fine it was said to haue done nothing but establish that one might bee absent all the yeere by loosing halfe the reuenewes or rather one was taught how hee might not reside eleuen moneths and more without any punishment by interposing those thirty dayes or fewer in the midst of the other time of the yeere and that the Decree was wholly destroyed with the exception of iust and reasonable causes which no man is so simple as not to find being to haue Iudges for whom it will be profitable not to haue residencie practised This place requireth that mention should bee made of a particular accident which then begun though it ended not vntill after foure moneths belongeth wholly to the present Session maketh knowen what the Councell was and in what estimation it was had by those that assisted in it For the vnderstanding whereof I will repeat that Friar Dominicus Soto who had as hath been sayd a great part in the Synod in framing the Decrees of originall sinne and iustification hauing noted all the opinions and reasons vsed in Soto and Catarinus publish Bookes one againâ— another concerning the meaning of the Councell and the Fathers are much diuided those discussions thought to communicate them vnto the world and to draw the words of the Decree to his owne meaning printed a booke containing the whole together and did intitle it De natura gratia and did dedicate
it is a cause for that the effect doeth follow not by any vertue of its owne but by the promise of God to giue grace at that time as the merite is cause of the reward without any actiuitie This they prooued not onely by the authoritie of Scotus and Saint Bonauenture their Diuines but by Saint Bernard also who saith that grace is receiued by the Sacraments as a Canon is inuested by the booke and a bishop by the ring The reasons were expounded on both sides with great prolixitie and sharpenesse And they censured one another The Dominicans said that the other opinion was neere to Lutheranisme and the others that theirs being impossible gaue occasion to the heretikes to calumniate the Church Some good Prelates desired though without effect to make peace saying that in regard they agreed in the conclusion that the Sacraments conteine and are cause of grace it did little import in what manner and that it was better not descending to particulars to stand in the generall But the Fryars replied that they spake not of words but of establishing or annihilating the Sacraments There would neuer haue been an end if the Legate Sancta Croce had not giuen order that they should passe to that which remained and that afterwards they should returne to examine whether it were necessary to decide the point or to leaue it The Legates called vnto them the generals of the orders and prayed The Legates vse meanes to represse the dangerous libertie of the Fryars them to cause the Fryars to treat with modestie and charitie without partialitie to their owne sect shewing they were called to speake against heresies and not to make new arise by disputes And they wrote thereof to Rome shewing how dangerous the libertie was which the Friars did assume and to what it might come And they told the Pope that a moderation was necessary For there being a fame spred of those dissensions and censures which one partie pronounced against the other it must needs raise scandall and small reputation of the Councell It was thought fit to omit the fifth Article as decided in the former Session But Friar Bartholmew Miranda called to minde that Luther by that paradox of his that the Sacraments doe not conferre grace but by exciting faith drew also a conclusion that those of the old and of the Euangelicall law are of equall vertue which opinion was to bee condemned as contrary to the doctrine of the Fathers and the Church all hauing said that the olde Sacraments were onely signes of grace but the new conteine it and cause it No man did contradict the conclusion but the Franciscans proposed that it should not bee sayd of the old Law but of Moses Law in regard that Circumcision it selfe did cause grace but it was not a Mosaicall Sacrament for CHRIST also said it was not of Moses but of the Fathers and also because other sacrifices before Abraham did conferre and cause grace The Dominicans replyed that Saint Paul sayd plainely that Abraham had receiued the Circumcision onely for a signe that hee being the first vnto whom it was giuen it is as much as to say it was instituted onely for a signe And the questions of the manner of conteining and causing grace returned into the field Friar Gregorie of Padua said hereupon that it was a cleere case in Logique that things in the same kinde haue identitie and difference among themselues If the old Sacraments and ours had onely difference they would not all bee Sacraments but equiuocally if onely identitie they would bee absolutely the same thing Therefore they must beware to put difficultie in plaine matters for some diuersitie of wordes and that Saint Augustine had sayd that these and those are diuers in the signe but equall in the thing signified And in another place that they were diuers in the visible species but the same in the intelligible signification and that else where he puts a difference that those were promissiue and these demonstratiue which another doth expresse in another terme that those were prenunciatiue and these contestatiue Whence it plainely appeareth that they agree and differ in many things which no sensible man can deny and therefore it was wisedome not to put that Article in the beginning neither was it to any purpose to touch it in the present Decree Another opinion came forth that the opinion of the Lutherans and Zuinglians was to bee condemned without descending to the particulars For they say there is no difference betweene the old and new Sacraments but in the Rites But it hath beene shewed that there are other differences and therefore they are to be condemned for this onely without descending to shew what those differences are But the sixt was censured by the Dominicans who said it was proper to the Euangelicall Sacraments to giue grace and that the old did not giue it but onely by the vertue of deuotion and that this was the opinion of Saint Thomas They alleadged for a principall ground the determination of the Florentine Councell that the Sacraments of the old Law did not cause grace but did figure that it must bee giuen by the passion of CHRIST But Because S. Bondaenture and Sootus did maintaine that the Circumcision did conferre grace Ex opere operato Scotus adding that immediatly after the sinne of Adam a Sacrament was instituted in which a grace was giuen to babes by vertue of it that is Ex opere operato the Franciscans said the Article was true and could not be censured and that if as Saint Thomas said children before CHRIST were saued by the fathers faith the state of Christians was worse For now the fathers faith doth not helpe the children without Baptisme and Saint Austine saith that the childe that is caried by the father to be baptized if hee die in the way is damned So that if faith onely did then suffice the condition of the sonnes of Christians is now worse In these difficulties many did propose that the Article as probable should bee omitted To leaue out the seuenth and eighth there was a great agreement But in Concerning the Character imprinted by the Sacrament the ninth of the Chalacter Friar Dominicus Soto endeauoured to declare that it hath foundation in the holy Scripture and hath euer bin held in the Church for an Apostolicull Tradition and though the name hath not been vsed by the Fathers yet the thing signified is most ancient Others did not grant him so great a scope because it did not appeare that Gratian or the Master of the Sentences had made any mention thereof Yea Iohn Scotius said that it was not necessary by the words of the Scripture or of the Fathers to affirme it but onely by the authority of the Church a thing vsuall with that Doctor to denie things with a kinde of courtesie It was worth the knowing what thing they meant it should be and where situated in such multiplicity of Schoole-opinions some
him vpon whom they were conferred by whose death the vnion was vnderstood to bee dissolued ipso facto and the benefices returned to their first state So they shewed the world their excellent inuentions conferring a benefice which was but one in shew but many in deed as one confessed hee had stollen a bridle concealing it was vpon a horse head which hee stole with it To remedy pluralitie it was necessary to remooue the abuse of these three pretences This the wiser sort of Prelates vnderstanding agreed vniformely at the first propose to inhibite all of what condition soeuer to haue more then three benefices And some added when two amount not to the vallew of foure hundred ducats of gold and that if one were worth so much no man whatsoeuer should haue any more nor more then three though they were not worth so much Of this there was much disputation and A dispute about the remedy of Pluvalitie much more when Aluise Lipomano Bishop of Verona proposed that this decree might touch them also who were now possessors of more who without exception of any should bee constrained to renounce those that were supernumerary within sixe moneths if they were in Italy and within nine if in other places which if they did not they should bee depriued without any further declaration notwithstanding the benefices were Vnited or commended or possessed by any othertitle To this opinion the Bishop of Feltre did adhere but did moderate it by distinguishing Dispensations Commendaes and Vnions saying that some were made for the good of the Churches and some in fauour of the possessor desiring that the former should remaine in force and the other should be regulated The Bishop of Lanciano did not admit this distinction saying that hee that would make a lasting law must not put exceptions into the body of it in regard the malice of man is apt to inuent them and to free themselues from the rule The Byshop of Albenga made a long oration to shew that good lawes doe regulate Lawes ought to looke forward onely and not backward the future onely and that hee who not containing himselfe within the bounds of reason will amend that which is past doth euer raise tumults and in stead of reforming make a greater deformation that it were strange to depriue men of their possessions and perswade them to be content Hee added that he foresaw that if such a Decree were made either it would not be receiued or if it were would cause colourable and simoniacall resignations and greater mischiefes then plurality could For hereafter the prouision seemed vnto him superfluous for no man beeing to haue more benefices but by the Popes dispensation it sufficed that he was resolued not to dispence In that Congregation amongst many tragicall exclamations made by diuers men Bernardus Dias Byshop of Calabora said that the Church of Vicenza was so disordered as all men knew that it required rather an Apostle then a Bishop taxing the Cardinall Ridolfi who possessed that Bishopricke besides many other benefices not gouerning it nor hauing the Episcopall order neuer seeing it nor knowing any thing but the rents And euery one spake against the inconuenience that famous Churches should neuer see their Bishops because they were imployed in other Bishoprickes or more beneficiall dignities Some said that the Pope onely might prouide against this and were of the opinion of Albenga that he alone might make the reformation This pleased the Legates as well for the Popes dignity as to free themselues from taking paines in this matter which in regard of the varietie of opinions and interests they thought would bee of an hard digestion hoping that when they had gone so farre as to leaue this reformation to the Pope they should easily leaue also vnto him the point of residencie which was as hard to be concocted for that it was popular and drew with it the regaining of the Episcopall authoritie and iurisdiction Therefore the Legates being in hope that it might bee obtained especially if it were proposed as a thing done not to bee done they presently sent the Pope word of it who was glad of the newes because both the Court and himselfe were doubtfull where the attempts and designes of the Prelates might end And thinking fit to strike the yron while it was hote hee made a greater stride then the Legates would haue had him and dispatched a Bull by which hee recalled vnto himselfe the whole businesse of the Reformation But in Trent whilst an answere was expected from Rome they proceeded in the treatie begun and made a draught of the Decree that no man should haue more then one Bishoprike and hee that had more should quit the rest that heereafter whosoeuer shall obtaine many inferiour incompatible Benefices shall bee depriued without further declaration and hee that formerly hath possessed more then one shall shew his dispensations to the Ordinarie who shall proceede according to the Decretall of Innocentius 4. Ordinarij In giuing their voyces vpon these points many desired to haue dispensations forbid The shewing of the dispensations Of dispensations for Pluralitie and the proceeding according to the Decree of Innocentius pleased but few because it was a kinde of approbation of them all and an increasing of the mischiefe For Innocentius saith that if the dispensations bee found good they shall bee admitted if there bee any doubt recourse shall bee had to Rome in which case no man doubted but that any of them might bee doubted of and receiue a declaration at Rome conformable to the grant Many feared that when they were examined and approued there remayning no doubt the abuse would bee confirmed and therefore would haue had them prohibited absolutely Others sayd they haue alwayes beene in the Church and were necessary and that all was in vsing them well Marcus Vigerius Bishop of Sinigaglia was of an opinion which if it had beene receiued and beleeued would easily haue reformed the whole Clergie Hee sayd the Synode might remooue all inconueniences by declaring that a lawfull cause was necessary for a dispensation and that whosoeuer doeth otherwise grant it doeth sinne and cannot bee absolued but by reuoking it and that hee who obtaineth it is not secure in his conscience notwithstanding the dispensation and continueth in sinne vntill hee quitteth the Benefices so gotten This opinion wanted not contradictors For some stood vp and said that hee who granteth licence of Pluralitie without a lawfull cause doth sinne yet the dispensation is good and the dispensed is secure in his conscience though hee knew the vnlawfulnesse of the cause And the difference continued many dayes these saying that it was to take all authoritie from the Pope and those that the Popes authoritie stretched not so farre as to make that euill should not bee euill From this they went to another doubt whether Pluralitie was forbid by the Law of A doubt moued by what law Plurality is forbid God or of man Those
amongst themselues They proposed to his consideration that it would bee good to make some effectuall Reformation in Rome and publish it before the Session They sent also the Censure of the Spaniards desiring him to consider the importance of their attempt and whither it might arriue in regard it was not likely they would bee so bold without they were vpheld and perhaps incited by some great Prince And they desired to receiue commandement what they should doe saying their opinion was to persist and not to yeeld one lote aswell for the importance of the matter as not to open this passage that the Prelates may obtaine by sed 〈…〉 on and force that which is not willingly granted them For that would bee to depend on their fauour and incurre the danger of some sinistrous accident That for matter of dispensation they would not suffer themselues to bee ouer come but in the end if the opposites will not yeelde all must come to voyces which are not weighed but numbred Therefore not to hazard themselues but to bee sure to ouercome in the Session it would bee necessary to command straightly those that are gone to Venice vpon pretence to spend the beginning of Lent in their owne Churches but with intention to come no more that they suddenly And desire him to send vnto them more of his dependants that they may oue come by number returne without replie For the whole importance of the Reformation will consist in the next Session and as the Mutiners shall then succeede they will resolue either to oppose in other occasions or to remayne quiet and obedient This aduise beeing sent to Rome the Legates in the next Congregations proposed the Reformation of diuers abuses The first was of those who take a Benefice and title without orders or consecration answerable to them All detested the abuse and desired a remedie But the Cardinall Pacceco said that all remedie would bee in vaine if Commendaes and Vnions were not remooued it beeing manifest that a Cathedrall Church might bee commended to a Deacon and hee that would haue a Parish Church without orders may cause it to bee vnited to a simple benefice which requireth them not and so wil hold the one in consequence of the other without being consecrated The other Reformations were concerning diuers Exemptions from the Visitations of Bishops from their examinations from the hearing of ciuill causes and from the reuision of the gouernement of Hospitals Herein the Legats thought to gaine the fauour of the Bishops by enlarging their authority But hee that pretendeth right to all is commonly offended by the restitution of halfe So the Bishops especially the Spaniards thought they were wronged because the Reformation was not compleate Yet they spake more reseruedly in regard the number of the Italians who adhered to the Legates did increase and because they expected an answere concerning their propositions from Rome hauing discouered that they were sent thither The Pope hauing receiued the aduise wrote most effectuall but withall most louing letters to his Nuncio at Venice to make the Prelates returne who were almost all in that Citie Who performed the businesse in such sort that all tooke the iourney for a fauour in regard they were to doe his Holinesse so great seruice The Pope commanded the Deputies to consult of the Spanish Censure and the residue which was of greater importance together with other things whereof he was aduertized before he reserued to his owne determination The Deputies weigâ—ing the businesse did consider that the proposition The determination made in Rome concerning the Spanish censure made by the Legates was more honourable and more profitable if it did succeede but if not more per 〈…〉 cious that it was not wisedome to ruune so great hazards in matters of so great moment and that to denie all or to grant all was equally dangerous Their conclusion was that if the Legates were not more then certaine to ouercome they might grant part of or all the vnderwritten modifications as occasion was offered in handling of the businesse which were digested by way of answere to euery article of the Spanish Censure To the first to renue the Laterane Councel in the two points it seemeth that the Prelates may be satisfied so that in the residue the Canons that shall bee made be reasonable To the second to binde the Cardinals to residencie for those who remaine in Rome and actually serue the vniuersall Church it is not conuenient and for the others his Holinesse will make prouision as is said in the letters To the third to constitute that residencie is required by the word of God first the Decree beeing applied to particular Churches would perhaps not be true then for the effect it cannot choose but make greater confusion there beeing a contradiction that the Decree should be made and the contrary permitted at the least tacitely for halfe of the yeere To the fourth to declare the plurality of the Cathedrall Churches to bee an abuse the same answere may bee made as vnto the third and for the Cardinals his Holinesse will prouide as hath beene sayd before To the fifth of the plurality of the lesser Churches the prouision proposed by the Legates seemeth to bee sufficient and yet if for the time past it bee thought fit to make it more seuere his Holinesse is contented who doeth aduertize them that too much seueritie in this part may worke a contrary effect by the resistance which is like to bee made by those who are in possession and doth consider withall that simply to leaue the iudicature of the dispensations to the Ordinaries may cause abuse and bring forth no other effect then the increase of their authority To the sixth to reuoke the Vnions for life howsoeuer his Holinesse thought to make a fit prouision therein yet if it be desired to take them all away it may bee granted so that a conuenient time bee giuen to the possessors to dispose of the Benefices To the seuenth that non-residencie in Benefices with Cure should precisely carie with it Depriuation without any Dispensation to bee granted but in cases permitted by the law is too rigorous and would bee obserued very hardly in case it should be determined To the eight that hee that hath a Benefice with Cure if it bee found hee is vnlearned or vicious may bee depriued by the Ordinary it being vnderstood of such inhability as by the law doeth deserue it it may be granted otherwise the demand is not honest because all would be left to the conscience of the Ordinaries To the ninth that Benefices with Cure be not giuen before diligent examination in regard it is necessary to leaue the maner and quality thereof to the conscience of him who is to conferre the Benefices it seemeth that to make any other Decree herein is superfluous or vnprofitable To the tenth to make the Processe in partibus concerning those who are promoted to Cathedrall Churches there appeareth no
beene all instituted by CHRIST or that they are more or lesse then seuen or that any of them is not truely and properly a Sacrament 2. And that they differ not from those of the old Law but in the ceremonies and rites 3. And that none of them is in no respect more worthy then another 4. That they are not necessary to saluation and that the grace of God may bee gained by faith alone without them or without any purpose to receiue them 5. That they are ordained onely to nourish faith 6. That they doe not conteine in them the grace signified or doe not giue it to him that doth not resist but are externall signes of iustice and Characters of a Christian profession to discerne the faithfull from Infidels 7. That grace is not alwayes giuen by the Sacraments nor vnto all for as much as belongeth to God though they bee lawfully receiued 8. That by Sacraments Grace is not giuen in vertue of the administration of them called Opus operatum but that it sufficeth onely to beleeue the promise 9. That in Baptisme Confirmation and Order no indeleble Character is imprinted in the soule for which cause they can bee receiued but once 10. That all Christians haue power to administer the Word and all the Sacraments 11. That in ministring the Sacraments the ministers intention at the least to doe what the Church doth is not necessarie 12. That the minister who is in mortall sinne giueth not the true Sacrament though he obserue all things necessary 13. That the vsuall rites approued by the Church may be despised or omitted or changed for others by euery Pastour Of Baptisme there were fourteene Anathematismes 1. Against him The Canons of Baptisme that saith the baptisme of Iohn had the same vertue with that of Christ 2. That true and naturall water is not necessarie to baptisme 3. That in the Church of Rome which is the Mother and Mistris of all the Churches there is not to bee found the true doctrine of baptisme 4. That Baptisme giuen by heretiques in the name of the Father Sonne and holy Ghost with intention to doe what the Church doeth is not true baptisme 5. That the baptisme is free that is not necessary to saluation 6. That the baptized cannot loose Grace though he sinne so that he leaue not to beleeue 7. That the baptized are bound onely to beleeue and not to obserue the Law of CHRIST 8. That they are not bound to obserue the Lawes of the Church 9. That by the memory of baptisme all vowes made afterwards are of no force but derogate from faith and baptismall profession 10. That sinnes committed after baptisme by faith and memory thereof are remitted or made veniall 11. That baptisme is to be renewed in him who hath denied the faith 12. That none should bee baptized but in the age of CHRIST or at the time of death 13 Against him who putteth not children baptized in the number of the faithfull or saith they must be rebaptized at the yeeres of discretion or that it is better to omit their baptisme vntill then 14. That children baptized when they come to age ought to be required to ratifie the promise made in their name and to bee left to their will if they refuse not compelling them to Christian life but by denying them other Sacraments Of Confirmation there were three Canons 1. Against him that saith it is an The Canons of Confirmation idle ceremony not a Sacrament properly or that it was formerly vsed that children might giue a publike account of their faith 2. That to giue vertue to the Chrisme is to wrong the holy Spirit 3. That euery simple Priest is the ordinary minister of Confirmation and not the Bishop onely After this the decree of reformation was read which in the Actes bare The decree of Reformation this title A Canon concerning residencie And it contained in substance 1. That no Bishop be created but of lawfull matrimonie of ripe yeeres learned and of good behauiour 2. That none may haue or keepe more Bishoprickes then one in Title Commenda or any other way and whosoeuer hath now more then one shall choose one and quit the rest within sixe moneths if they be of the Popes free collation or else within a yeere otherwise all shal be accounted void but the last 3. That other benefices especially with Cure be giuen to worthy persons able to take charge of soules otherwise the ordinary Patron is to be punished 4. That hereafter whosoeuer shal receiue many incompatible Benefices by way of Vnion for life perpetuall Commenda or otherwise or shall keepe those that he hath receiued against the Canons shall bee depriued of all 5. That the dispensations of those who haue many Benefices with Cure or incompatible shall bee shewed to the Ordinaries making prouision afterwards for the cure of soules and other obligations 6. That perpetuall Vnions made within forty yeeres shall be reviewed by the Ordinaries as delegates and those that are vniust shall be nullified and those that haue not beene in possession or shall be made hereafter shall be presumed to be surreptitious if they be not made for reasonable causes and with citation of all that be interested and nothing to the contrary of this shall be declared by the Apostolique Sea 7. That Benefices with cure vnited shall bee visited by the Ordinaries euery yeere and shall haue Vicars a signed perpetuall or temporall with such a portion of the fruits as to them shall seeme meete without respect of Appeales or Exemptions 8. That the Ordinaries shall euery yeere by the Apostolique authority visit the Churches exempted prouiding for the care of soules and other dueties without respect of Appeale Priuiledges or Customes prescribed 9. That Bishops shall be consecrated within the time set downe by the Law and all prolongations for more then sixe moneths shall bee voyd 10. That the Chapters of Churches in vacancie of the Bishopricke shall not grant Dimisories for Orders but to him that is obliged to take them because of a Benefice 11. That licences to bee promoted by any Bishop shall bee voyd if a lawfull cause be not expressed for which they may not bee promoted by their owne Bishop and in that case they shall bee promoted by a Bishop that resideth in his Diocesse 12. That Faculties not to receiue due Orders shall not serue for longer time then a yeere but in cases expressed in the law 13. That men presented to Benefices by any Ecclesiasticall person whatsoeuer shall not be instituted before examination made by the Ordinaries except those who are presented by Vniuersities Colledges and generall Studies 14. That in the causes of the exempted a certaine forme shall be obserued and where the question is of reward or concerning those who sue in forma pauperis the Exempted also who haue a Iudge deputed shall be conuented before the Ordinarie but those who haue no Iudge deputed shal bee conuented in all causes
reasonable and approoue it as hee also did That for his fatherly affection towards the Emperour and the King hee wished hee could giue a more acceptable answere but from a Pope Head of the Church nothing could be expected but what the well gouerning of the publike did compell him to resolue that hee knew the Emperours wisedome and his filiall loue and was confident he would receiue this for good which was thought necessary by so many Fathers and would command the Spanish Prelates in Trent to goe presently to Bolonia and labour to make Germanie receiue the conditions proposed by the Councell and send as soone as might bee the Duch Prelates and giue the Synode caution that the conditions proposed should bee obserued Mendoza vnderstanding the Popes resolution by his answere would instantly haue protested that the assembly of Who would haue protested if he had not been disswaded by the Car. of Trent Bolonia was not a lawfull Councell and that his Holinesse if he brought it not backe to Trent would bee cause of all the mischances that should happen to Christendom that he fayling the Emperor as Protector of the Church 1548 PAVL 3. CHARLES 5. EDVVARD 6. HENRY 2. would make prouision But the Cardinall of Trani Deane of the Colledge and some other Cardinals interposing hee was content to relate the answere to Caesar and expect order from him The Pope considering the action of Mendoza thought that this businesse might make some difference betweene him the Emperor in which case he thought it not fit to haue the Prelates of Germanie ill affected to him At the receiuing of their letter whereof mention was made before he was offended with the last particle that they would thinke of other course holding it to be a plaine threat and resolued to giue them no answere and continued three moneths in that opinion but now better aduised hee doubted that if they held themselues to bee contemned they would take some rash resolution to which the Emperor would giue way that hee might bee intangled in greater difficulties Therefore beeing resolued to preuent the danger by honouring The Pope writeth to the Prelates of Germanie in answere of their letter them with an answere he made it very modest and artificiall yet not without a conuenient sence of his owne honour The letter began with commendation of their pietie which appeared in their care to remedie the heresies and seditions and that himselfe was no lesse sollicitous in regard of his pastorall office so that hee hath not suffered nor doeth suffer any time to passe without thinking of some remedie and had from the beginning of his Popedome recourse vnto that which hath beene mentioned by them that is vnto the Councell And heere relating what happened in the conuocation of it and the impediments why it came not presently to execution he added that it being assembled many Decrees haue beene made as well to cōdemne a great number of the heresies as to reforme a great part of the Church that the Councell parted from that Citie without his knowledge but the Synode hauing power to doe it hee presupposeth the cause was lawfull vntill the contrary doeth appeare and that although some few haue dissented yet it cannot bee said that the Councell is diuided Hee added that it is not translated into a Citie farre remote and not safe and that the being of it subiect to the Church doth make it secure for Germanie which hath receiued Christian religion and many other benefits from it That hee cared not whether the Councell were celebrated there or elsewhere and would not hinder the Fathers to chuse another place so they were not forced But what did hold them from returning to Trent they might see by the letters of Bolonia whereof hee sent them a copie That hee hath deferred to answere their letters because the Cardinall of Trent comming vnto him in Caesars name and afterwards Don Diego di Mendoza hee was willing to answere the Emperour first That by the letters of the Fathers of Bolonia they will see what is fit to doe before the returne bee resolued on Therefore hee prayed them to come or send Proctors to Bolonia and to assist in the Councell His conclusion was that hee was not troubled with that point of their letters where they intimate that new courses shall bee taken beeing conscious to himselfe not to haue omitted any part of his duetie and to haue imbraced Germanie with all charitie That hee promised himselfe from them and Caesar that they would doe nothing without maturitie but if courses shall bee attempted against the authoritie of the Sea of Rome hee cannot hinder it CHRIST hauing foretold as much when he founded it yet hee feared not that their attempts would succeede because it was grounded vpon a most sure rocke That others had often-times endeuoured the like but their plots were euer ouerthrowen and that GOD gaue example in those what others who would tread in the same steps might hope for And if the miseries past will not mooue those that are present to desist yet hee is sure they will remayne constant in their ancient pietie and faith and in their Congregations will not giue place to counsels contrary to the dignitie of the Church The Emperour beeing aduised by his Ambassadour of the conditions The Emperour perceiueth y e Popes cunning and sendeth Ambassadors to Bolonia Vargas and Velasco proposed by those of Bolonia and the Popes resolute answere though hee saw plainely that his Holinesse couered himselfe with the name of the Councell and Fathers of Bolonia who did notoriously depend on him in all matters and receiue all motion from him to let the world know that he omitted no meanes to set the Councell on foote againe hee sent Francis Vargas and Martino Velasco to Bolonia These comming into the assembly the sixteenth of Ianuary where there were no more Fathers with the Legates the Cardinals of Monte and Santa Croce then in the last Session they presented the Emperors letters which were thus addressed Conuentui Patrum Boloniae Which beeing read and Vargas beginning to speake Monte interrupted him and said That though the holy Synod was not bound to heare him in regard the letters were not addressed to it because it was not a Conuent Vargas is twice interrupted in his speach but a Councell yet they refused not to giue him audience with Protestation that it should not preiudice them or giue aduantage to others and that it should remaine free to the Fathers to continue the Councell and to goe on and proceed against the obstinate and rebollious by inflicting the punishments of the Lawes Vargas required that an instrument should bee made of the Protestation before the Proposition was vnderstood then hee prayed the Fathers in the name of all Christendome to proceede with equitie because persisting in their opinion not wisely and maturely imbraced it must needes end with some great publike calamitie but yeelding to the
displeased with the answere giuen him that is that the Decrees made and to be made are receiued and that the manner vsed euer since the Apostles time is obserued That he will auoid all negligence in prouiding for the Church and if Caesar will be diligent let him keepe himselfe within the limits prescribed to him by the lawes and Fathers The functions of them both being distinct will be profitable to the Church And concerning the Translation whether it were lawfull or no he called the cause to him and deputed 4. Cardinals 〈◊〉 Burgâ—is Poole and Crescentius to heare it commanding euery one that vntill it was ended they should attempt no nouitie giuing the terme of a mo 〈…〉 to the Fathers of Bolonia and Trent to produce their reasons And he 〈…〉 ed this decree to be Written by the Secretary of the Consistory in the accustomed iudiciall forme of the Court inhibiting the Prelats of Bolonia and Trent to innouate any thing while the cause depended The Imperialists did laugh extreamely at the Popes distinction of protesting against the Pope and before him But Diego made a new Protestation saying hee had a speciall mandate from the Emperour to protest as he had done The Popes inhibition beeing receiued in Bolonia and no more assemblies of Bishops or Congregations of Diuines being made all departed by little and little except the Popes stipendaries who could not doe it with their honour Those of Trent mooued not according to the Emperours wil that Don Diegâ— makâ—th a new protâ—station they might keepe there some signe of the Councell and hold the Catholikes of Germany in hope and the Protestants in their dutie and that their promise to obey the Councel of Trent might not be voyd there being none at al. The Pope caused his answere giuen to Mendoza to come to the knowledge of the Fathers of Trent and expected fifteene dayes that some ouerture would be made by him of them that he should be Iudge as hee had desseigned But seeing nothing succeeded he wrote a Briefe to the Cardinall Pacceco The Pope wriâ—eth to the Fathers in Trent by way of câ—â—ation and to the Arch bishops and Bishops of Trent in manner of a citation in which hauing deliuered the causes which mooued him to intimate the Councell and the impediments and delayes which happened in calling it and the ioy he had to see it begun which was increased by the happie proceeding hoping that in a short time prouision would bee made against the euils of the Church hee added that he receiued as much sorrow from the contrary encounters so that vnderstanding the departure of his Legates and maior part of the Bishops from Trent some remayning still there hee was grieued for that it might hinder the progresse of the Councell and giue fcandall to the Church This being as well knowen to them as to him hee marueiled why if the Translation of the Councell seemed iust vnto them they went not in company with the others if vniust why they made not their complaint to him That it was a cleere case whereof they could not bee ignorant that they were bound to doe the one or the other either of which if it had beene embraced would haue taken away all occasion of scandal That he could not choose but write to theÌ„ with griefe that they were defectuous in the one or the other and that hee was sooner aduised by the Emperour of their complaints then by any of them so much as by letter or messenger and that for this negligence he had more cause to complaine of the Cardinall who was more obliged by reason of his Cardinalitie But because that which they should haue done was preuented by Caesar who hath complained by his Ambassadour that the Translation is void and vnlawfull he doth readily offer vnto them that which should not haue beene denied if they had made the case kowen that is to heare their complaints and take knowledge of the cause And though he ought to presuppose that the Translation is lawfull yet to doe the part of a iust iudge hee willingly offereth to heare them and their reasons which they shall bring to the contrary that herein hee would hold and esteeme of the Spanish Nation and of their persons not suffering the great presumtions to preuaile which ought to bee had against them Therefore hauing by aduise of the Cardinals called the cause of the Translation of the Councell vnto him and giuen commission to some of them to relate it in Consistory all that pretend interest being cited and the Prelates of Bolonia and Trent inhibited to attempt any thing while the cause dependeth as was contained in the writing whereof he sent them a copy desiring to conclude the cause as soone as may be he commandeth them that pretending the Translation to be of no force they send three at the least well instructed to assist in iudgement and to alleadge their pretensions and to render their presence as soone as may bee concluding that the presentation of the Briefe to the Cardinall or to two or three of them affixed at the Church doore of Trent shall bind them all as if it had beene personally Who answere thus intimated to euery one The Pope sent also to those of Bolonia to intimate the same Decree who sent immediatly to Rome But the Cardinall Pacceco and the other Spaniards in Trent who were in number thirteene hauing first sent to know the Emperours mindâ— answered the Popes letter the three and twentieth of March thus in substance That they trusted in his benignitie and wisedome which will easily know that in contracting the Translation in being silent in remayning in that Citie they thought of nothing lesse then of offending his Holinesse yea that the principall cause why they dissented was because a matter of so great weight was handled without his knowledge wherein also they desired that so small account should not be made of the Emperour That it seemed cleere to them that the Translation would not bee well expounded nor easily approoued by his Holinesse whom they prayed not to beleeue that the Emperour had preuented their complaint exacted by his Beatitude because they had complained first to him but that hee did it of his owne motion who thought the protection of the Church belonged to him that they should neuer haue thought that his Holinesse would haue desired to haue beene assisted by them to whom they beleeued an absolute account was giuen by his Legates in regard what they spake was in publike and written by Notaries that it seemed enough for them to deliuer their opinion and then to bee silent Therefore they did not beleeue their presence was necessarie in ought else That if there bee any defect yet their plaine meaning is cleare That they thought it enough to dissent from the Translation and for modestie and humilitie not to trouble his Holinesse whom they supposed would not bee wanting to performe what hee thought fit for
the good of the Church That they saw not why they should depart with the Legates who promised in the generall Congregation and in the publike Session to returne to Trent so soone as the suspition of the sicknesse did cease especially if Germany would submit to the Councell That they remained there beleeuing they would returne especially when they vnderstood that by the grace of God and vertue of the Emperour Germanie did submit it selfe And that some haue receiued scandall by their abiding in Trent as his holinesse saith it is sufficient for them that they haue not giuen it and on the other side the departure of others hath troubled many That the successor of Saint Peter hath euer been very venerable to their nation wherein themselues haue not beene defectuous They pray his Holinesse that they may not bee blamed for what they haue done to a good end and doe humbly beseech him not to consent they should bee put into a suite in regard the cause is not theirs but Gods saying that if it were theirs they would be content to indure any wrong but being Gods and CHRISTS as it is it belongeth more to none then to his Vicar In fine they prayed his holinesse to set the interrupted Councel on its feete againe and cause the Legats and Fathers to returne to the same place and to doe this by a Briefe without treating of Translation They prayed him to take their words in good part not spoken to signifie what the dutie of his Holinesse was but what they hoped from him The Spaniards answere being receiued by the Pope it was sent to the The reply of the Proctors of the Fathers of Bolonia the Spaniards answere Cardinals to whom the cause was committed by whom it was communicated to the Proctors of those of Bolonia that they might proceede These answered that they were glad that the Spaniards do acknowledge the iudgement and the Iudge and that they will not bee a partie Yet it was necessary to retort some things deliuered in their answere to make the Trueth appeare In that they say his Holinesse should first haue been aduised with it was superfluous in regard a speciall Bull was then read That the Emperour had been neglected it cannot be sayd because so great esteeme hath been held of his Maiestie as of the Pope the cause it selfe not comporting any delay seeing it was necessary to dissolue or translate the Councell in regard of the progresse which the pestilent sickenesse made in the Citie and borders of the actuall and eminent departure of many Fathers of the Doctors oath especially of Fracastorius who had a publike stipend and of the feare that the commerce of the neighbour Cities would bee taken away All which appeareth in the actes transported to Rome by his Holinesse commandement That the Legates after the Decree exhorted them to goe to Bolonia and being arriued there did admonish them by letters so that they cannot say they ought not to follow the Legats because they confented not to the Translation for the suffrages of all in the Councell being free they might dissent with a safe conscience but the maior part hauing made a Decree it was meete the lesser part should yeelde or else neuer any thing would be determined That the returne hath beene promised is true but it may bee seene in the Decree in what forme the promise was made If they taryed beleeuing that the others would returne why did they not answere the Legats letters who admonished them to goe to Bolonia But when they say the suspicion of the Pestilence was pretended it is probable they spake it by chance otherwise hauing nothing to say against the Translation and not sending according to the Popes Decree they should incurre the Censures Neither is that diuisiō ought worth if the cause be theirs or of God For as it belongeth to them no man will doe them wrong as vnto CHRIST seeing the question is of the fact it is necessarie to cleere that which is not manifest in the fact Whereupon the Emperour hauing calling the Legats pretended and the Fathers of Bolonia not a Councell but a priuate assembly and vttered many opprobrious termes against the Translation it was reasonable the Pope should assume the cause not to cherish but to appease contentions Whether scandals haue risen by the Translation or by their remaining in Trent may be seene by this onely that their remaining is the cause why the returne cannot be And when they pray his Holinesse to cause the interrupted Councell to returne if they vnderstand it of the vsuall Congregations they haue neuer beene intermitted if of the publication of the Decrees this hath beene referred for their sake and so many things are already discussed in Bolonia as well of faith as reformation that a long Session may bee made thereof Therefore they pray his Holinesse to giue sentence considering that no Councell but in time of schisme hath lasted so long as this so that the Bishops are desired by their Churches vnto which it is fit they should bee restored This writing was presented in the ende of Aprill After which there was no further proceeding in the cause for that the deputed Cardinals knew not how to conclude To pronounce the Translation The Cardinals deputed in this cause knew not how to proceed lawfull in the absence of the contradictors was to make a schisme hauing no meanes to enforce them to receiue the sentence and they saw lesse meanes to force them to assist in the cause The Pope was much troubled seeing no way to compose the difficultie without forme of iudgement While these things were in question after the death of the Duke his sonne the Pope did continually demand the restitution of Piacenza and of other places vsurped in the District of Parma making vse of the interests of the Emperours daughter wife to Duke Octauius sonne of him that was dead But the Emperour purposing to ioyne that Citie to the Dukedome of Milan and to recompence his sonne in Law in something else delayed the time with diuers answeres and offers hoping that the Pope beeing eighty yeeres of age and grieued for his sonnes death and hauing many other distasts would end all the controuersies by his death But the Pope seeing he Differences betweene the Pope Emperour about the restitution of Piacenza was deluded with delayes molested with requests for the returne of the Councell to Trent and offended by the remaining of the Spaniards in the Citie to make a diuersion at the least hee let the Emperour know that the vsurpers of Piacenza a Towne belonging to the Church had incurred the Censures to the declaration of which hee would proceed fulminating also more of them if within a certaine time prefixed it were not restored to him The Emperour wrote backe a sharpe letter aduising the Pope not to cherish the fugitiues of Naples shewing that all the practises were knowen vnto him and that hee did vnderstand the
exhortation to the Fathers of the King of the Romanes and then the Arch-bishops The Masse beeing sung and the Ecclesiasticall ceremonies ended the Secretary read an exhortation to the Fathers of the Councel in the name of the Presidents to this purpose That by the presence of the two Electours being entred into hope that many Bishops of that and other Nations will assist in the Councel they thought fit in the meane time in regard of the place they bare to giue a little admonition to themselues and them though they saw all were ready to doe the office of good Pastours because the matters to bee handled were of great moment that is to extirpate heresies to reforme Ecclesiasticall discipline from the corruption whereof heresies haue risen and finally to pacifie the discords of Princes That the beginning of the exhortation ought to be taken from the knowledge of their owne insufficiencie flying to the assistance of GOD who will not faile them whereof they see many arguments already but especially the comming of the two Princes That the authority of Generall Councels was alwayes very great the holy Ghost presiding in them and their Decrees esteemed not humane but diuine That an example hereof hath beene left by the Apostles and the Fathers following seeing that by Councels all heretiques haue beene condemned the life and manners of Priests and people reformed and the discords of the Church appeased Therefore being now assembled to doe as much they must awaken themselues that they may regaine the sheepe that lept out of the Lords fold and keepe those which haue not gone astray as yet Wherein the saluation of those only is not in question but their owne too in regard they must giue an account to GOD by whom if they performe their duety they shall be rewarded and all posterity will attribute great praise to that Councel but they should not aime at that but onely at their owne duety and charity towards the Church which beeing afflicted wounded and depriued of so many deare children lifteth vp her hands to GOD and them to restore them to her That therefore they would handle the matters of the Councel with all gentlenesse and without contention as becommeth so great an assembly vsing perfit charity and consent of minds knowing that GOD doeth behold and iudge them The exhortation beeing ended the Decree was read by the Bishop that The Decree of the Session is read said Masse the substance whereof was That the holy Synode which in the Session past did determine to proceed in this hauing deferred to doe it vntill now by reason of the absence of the Germane Nation and the small number of the Fathers reioycing for the arriuall of the two Prince Electors hoping that many more of that and other Nations will by their example hasten their comming doth deferre the Session for fourty dayes that is vntill the eleuenth of October and prosecuting the Councell in the state in which it is hauing treated alreadie of the seauen Sacraments of Baptisme and Confirmation doth ordaine to treat of the Eucharist and for reformation to handle those things which doe facilitate residencie Then the Emperours Proxie beeing read the Earle of Mountfort said that the Emperour after hee had obtayned the reduction of the Councel to Trent neuer ceased to labour that the Prelates of his states should goe thither which the presence of the Electours and the frequencie of the Fathers doth demonstrate And to testifie his mind the more he hath sent Don Pedro of the Kingdome of Spaine another of his patrimoniall States and himselfe of Germanie though vnworthy Praying to be receiued for such Iohn Baptista Castello the Speaker answered in the name of the Councell that they were glad to heare the Emperours Mandate hauing by it and the quality of the Proctours conceiued how much they may promise themselues therefore that it hopeth for assistance from them and doth as much as it can admit the Emperours Mandate Likewise the Proxie of the King of the Romanes in the person of Paulus Gregorianus Bishop of Zagabria and of Fredericke Nausea Bishop of Vienna was read and this second did speake and was answered as those of the Emperour After this Iacobus Amiotus Abbat of Bellosana appeared in the name of the French King with letters of his Maiesty which he presented to the Legate The Abbat of Ballosana presenteth the French Kings letters the inscriptioÌ„ wherof giueth distast to the Synode desiring they might be read and his credency heard The Legate receiuing them gaue them to the Secretary to be read The superscription was Sanctissimis in Christo Patribus Conuentus Tridentini The Bishop of Orange and after him the other Spaniards said aloud that those letters were not sent vnto them who were a generall Councel and not a Conuent and therefore that they ought neither to bee read nor opened in publike Session but if the Messenger had ought to say hee should goe home Much was spoken concerning the signification of the word Conuentus the Spaniards persisting that it was iniurious So that the Bishop of Mentz was forced to say that if they would not receiue a letter from the King of France who called them Sanctissimus Conuentus how would they hearken to the Protestants who called them Conuentus Malignantium But the Spanish Prelats continuing still to be more tumultuous then the rest the Legate with the Nuncij and the Emperours Ambassadours retired into the vestry and had a long disputation hereof At the last returning to their place they made it bee told to the Speaker that the Synode doth resolue to reade the letters without preiudice thinking that the word Conuentus is not meant in an ill sence and if it be doth protest of the Nullitie Then the Kings letter was opened and read which was dated the 13. of August and said in substance That it seemed agreeable to the obseruance which his ancestors haue alwaies vsed towards the Church to signifie to them the causes why he hath bin forced not to send any B. to the conuâ—nt called by Iulius by the name of a publike Councel being assured that they the fathers wil not condemne any mans fact before they know it and that when they shal vnderstand what he hath done they wil commend it That he was compelled for preseruation of his honour to continue in his resolution to protect the Duke of Parma from which hee would not refuse to depart if Iustice and Equity did permit That hee writeth to them as to Honourable Iudges praying them to receiue the letters not as from an addersary The contents of them or a person vnknowen but as from the Prince and principall sonne of the Church by inheritance of his Ancestors whom hee promiseth alwayes to imitate and while he defendeth himselfe from wrongs not to lay aside his charity towards the Church but euer to receiue whatsoeuer shall be constituted by her so that due order be obserued in making the Decrees
The letters The Abbat readeth a protestation being recited the Abbat read a Protestation containing a narration of a Protestation made by Termes in Rome saying That the King after hee had taken vpon him the defence of Parma seeing that those laudable things which hee had done were reprehended vsed great care that Paul Termes his Ambassador should giue an account of all to the Pope Colledge of Cardinals to take from them all sinister opinion shewing that the taking of the Duke into his protection was the effect of a pious humane and kingly minde wherein there was no cunning or priuate gaine but respect onely of the Church as appeared by the propositions of accord which aymed at nothing but that the Church might not be robbed and Italy preserued in peace and libertie And if the Pope thought this a cause to put all Europe into warre he was sorry but it could not be imputed to him hauing not onely accepted but offered also all honest and fit conditions Neither could the dissolution of the Councell assembled bee prescribed to him praying the Pope to consider what mischiefes would accompany the war and to preuent them with peace Which if his Holinesse will not regard but desire rather to set Europe on fire and hinder the Councell giuing suspicion that it was called not for the good of the Church but for priuate interests excluding from it a most Christian King hee could not choose but to protest to him and the Colledge that he could not send his Bishops to Trent where the accesse is not free and secure and that he could not esteeme that a generall Councell but priuate from which he was excluded neither could the people or Prelates of France be obliged to the decrees of it Afterwards he protested that he would come to the remedies vsed by his ancestors in like occurrences not to take away his due obseruance from the Apostolique Sea but to reserue it for better times when armes shall bee laid downe which are dishonestly taken vp against him desiring of his Holinesse that this Protestation might bee registred and giuing him a copie of it to peruse These things hauing beene already protested in Rome he desired should be likewise protested in Trent with the same instance that they might be registred in the actes of that assembly and that there being a publike instrument made of it he might vse it in time and place When the Protestation was read the Speaker hauing talked with the President answered in substance That the Kings modesty in his letters was gratefull to the Synode that it doth not accept the person of the Abbat but as it is lawfull that warneth him to bee in the same place the eleuenth of October to receiue the answere which shall bee made to the Kings letters and forbiddeth the Nuncij to make an instrument of the present action but ioyntly with the Secretary of the Councell And nothing else beeing to bee done the Session was ended Then the Abbat demaunded an instrument of the action but could not obtaine it When Termes had protested in Rome though many did not know of the The censure of this Protestation act yet it was beleeued that the Pope would deferre the Councell because it must needes bring forth new diuisions if such a principall Nation did resist But he deceiued the world not for any desire hee had to celebrate it but for that he would not seeme to be cause of the dissolution being resolued that if it were separated without him hee would answere with an open mouth to whosoeuer should desire it again that he had done his part and would do no more But the Protestation made in Trent a place so conspicuous was presently published euery where and gaue matter of discourse The Imperialists esteemed it a vainity saying That the act of the maior part of the vniuersality is euer esteemed lawfull when the lesser being called either cannot or wil not be present that all are called to the Councell and the Frenchmen also might haue come without passing by the Popes territories but in case they could not yet their absence doth not derogate from the Councell because they are not neglected but inuited It was said to the contrary that to call in words and to exclude in deeds was not to inuite and for the Popes territories one might goe from France to Trent without passing by them but not without passing by those of the Emperour and the maior part hath full authoritie when the lesser cannot appeare and is silent because it is presupposed to consent and when it will not appeare because it is accounted contumacious but when it doth protest it bath its place and especially if the impediment proceed from him that calleth the action in absence cannot be of force And the Counsellors of the Parliament of Paris said some thing more The Decrees of Councels do not binde the Churches absent That it is true that the authoritie of the whole vniuersalitie is transferred into the maior part when the cause is common to all and nothing belongeth to particular men but when the whole belongeth to all and euery one hath his part the assent of euery one is necessary Et prohibentis conditio potior and the absent not giuing their voyces are not bound Of this sort are Ecclesiasticall assemblies and bee the Councell as populous as it will the absent Churches are not bound if they thinke fit not to receiue it This hath alwayes beene vsed in ancient times that the Councels beeing ended the Decrees should be sent to be confirmed to the Churches that were absent in which otherwise they had no force which euery one that readeth Hilarius Athanasius Theodoretus and Victorinus who handle this particular may see plainely And iâ— happened sometimes that some part of the Canons were receiued by some Church and some left out as euery one thought fit for their necessities manners and vses And S. Gregorie himselfe doth witnesse that the Church of Rome did not receiue the Canons of the second Councell of Constantinople nor of the first of Ephesus Wisemen not considering the subtilties said that the King had giuen that Councell an vncurable wound For it hauing no other ground then Christian charity and the assistance of the holy Ghost it would neuer bee beleeued that these were present in an assembly against which a most Christian King persecutor of all Sects with the adherence of a kingdome not blemished in Religion did protest in that forme And they brought an experience for proofe For they said that the Presidents retyring to consult with the Emperours Ambassadours did shew who guided the Councell And which was of more importance when these fiue had consulted and imparted nothing to any body else the Speaker sayd The holy Synod doth receiue the letters And what was that holy Synode And likewise the Abbats exposition The Presidents take vpon them the authority of the Councell beeing read the answere resolued
and vnder their iudgement and hee wrote to those Priests who of their owne braine had reconciled some that they should giue an account to the people The goodnesse and charitie of the Bishops made their opinion for the most part to be followed and by little and little was cause that the Church charitie waxing colde not regarding the charge layd vpon them by CHRIST did leaue the care to the Bishop and ambition a witty passion which doth insinuate it selfe in the shew of vertue did cause it to be readily embraced But the principall cause of the change was the ceasing of persecutions For then the Bishops did eâ—ect as it were a tribunall which was much frequented because as temporall commodities so suites did encrease The iudgement though it were not as the former in regard of the forme to determine all by the opinion of the Church yet it was of the same sincerity Whereupon Constantine seeing how profitable it was to determine causes and that by the authoritie of Religion captious actions were discouered which the Iudges could not penetrate made a Law that there should lye no appeale from the sentences of Bishops which should bee executed by the secular Iudges and if in a cause depending before a secular tribunall in any state thereof either of the parties though the other contradict shall demand the Episcopall iudgement the cause shall be immediately remitted vnto him Here the tribunall of the Bishop began to be a common pleading place hauing execution by the Ministerie of the Magistrate and to gaine the name of Episcopall iurisdiction Episcopall audience and such like The Emperor Valence did enlarge it who in the yeere 365. gaue the Bishops the care ouer all the prizes of vendible things This iudiciall negotiation pleased not the good Bishops Possidonius doth recount that Austin being imployed herein sometimes vntill dinner time sometimes longer was wont to say that it was a trouble did diuert him from the things proper vnto him and himselfe writeth that it was to leaue things profitable and to attend things tumultuous and perplexed And Saint Paul did not take it to himselfe as being not fit for a Preacher but would haue it giuen to others Afterwards some Bishops beginning to abuse the authoritie giuen them by the law of Constantine that law was seuentie yeeres after reuoked by Arcadius and Honorius and an ordination made that they should iudge causes of religion and not ciuill except both parties did consent and declared that they should not be thought to haue a Court. Which law being not much obserued in Rome in regard of the great power of the Bishop Valentinian being in the Citie in that yeare 452. did renew it and made it to be put in execution But a little after some part of the power taken away was restored by the Princes that followed so that Iustinian did establish vnto them a Court and audience and assigned to them the causes of Religion the Ecclesiasticall faults of the Clergie diuers voluntary iurisdictions also ouer the Laitie By these degrees the charitable correction instituted by CHRIST did degenerate into domination and made Christians loose their ancient reuerence and obedience It is denyed in words that Ecclesiasticall iurisdiction is dominion as is the secular yet one knoweth not how to put a difference betweene them But S. Paul did put it when he wrote to Timothie and repeated it to Titus that a Bishop should not be greedy of gaine nor a striker Now on the contrary they make men pay for processes and imprison the parties as is done in the secular Court But the Westerne Countries being separated and an Empire made of Italy France and Germany and a kingdom of Spaine in these foure Prouinces the Bishops for the most part were made Counsellors of the Prince which by the mixture of spirituall and temporall charges caused their iurisdiction to encrease exceedingly Before 200. yeeres were past they pretended absolutely all iudicature criminall and ciuill ouer the Cleargie and in some things ouer the Laitie also pretending that the cause was Ecclesiasticall Besides this kinde of Iudicature they inuented another which they called mixt in which the Magistrate or the Bishop might proceed against the secular which of them tooke the cause in hand first whereby in regard of their exquisite diligence neuer leauing place to the secular they appropriated all vnto themselues and those which remained out of so great a number were comprehended in the end by a generall rule established by them as a ground of faith that euery cause is deuolued to the Ecclesiasticall Court if the Magistrate will not or neglect to doe iustice But if the pretensions of the Cleargie were contained within these bounds the state of Christian Common wealthes were tolerable The people and Princes when they saw it mount to these vnsupportable termes might with Lawes and statutes haue brought the iudgements to a sufferable forme as formerly vpon occasion hath beene done But that which put Christendome vnder the yoke tooke from it in the end all meanes to shake it from the necke For after the yeere 1050. all the causes of the Cleargy being appropriated to the Bishops and very many of the Laitie vnder title of spiritualitie and almost all the rest vnder the name of a mixt iudicature and placing themselues aboue secular Magistrates vpon pretence of iustice denied they came to say that the Bishop had that power to iudge not by the grant or conniuency of Princes or by the will of the People or by custome but that it was essentiall to the Episcopall dignitie and giuen to it by CHRIST And though the Lawes of the Emperours remaine in the Codes of Theodosius and Iustinian in the Capitulars of Charles the great and Lewis the Deboneere and others of later Princes of the East and West which doe all shew plainely how when and by whom this power hath beene graunted and all Stories as well Ecclesiasticall as prophane doe agree in declaring the same grants and customes adding the reasons and causes yet so notorious a trueth hath not had such power but that a contrary affirmation onely without any proofe hath been able to ouercome it which the Canonists haue so farre maintained as to publish those for heretikes who doe not suffer themselues to bee hoodwinckt And not staying heere they adde that neither the Magistrate nor the Prince himself can meddle in any of those causes which the Clergie hath appropriated because they are spirituall and of spirituall things the Laiques are vncapeable Yet the light of trueth was not so put out but that learned and godly men in those first times did oppose that doctrin shewing that both the Premisses of that discourse were false that the Maior that is that the Laiques are vncapeable of spiritual things was absurd and impious For they are adopted by the heauenly Father called the sonnes of God brothers of CHRIST partakers of the Kingdome of heauen made worthy of Diuine grace Of
the infinite length in the dispatches the impediments in the diligent examination the difficulty to informe so many the seditions made by the factious it is to bee beleeued that they haue beene intermitted because they did notsucceed well and that the Courts and Officers haue beene brought in to remedy those disorders It cannot be denied that these haue some that deserue to be prouided against which is fit to doe without restoring that which was abolished because it was intollerable In Appeales the custome was to passe by the intermediate Superiours and not at the first to leap to the highest which was taken away because the Gouernours of Prouinces and Countries were become Tyrants ouer the Church and for a remedie all businesses were carried to Rome This hath its inconueniencies the great distance of place and charge but they are more tollerable then oppression He that would reduce the first custome should find that in stead of redressing one euill hee should cause many and euery one greater But aboue all it must be considered that the same publike thing must not alwayes bee ordered in one manner but as time hath mutations so it is fit to change the gouernment The ancient manner of gouerning will not be profitable except the ancient state of the Church doe returne Hee that seeing how children are gouerned and how the libertie of eating and drinking any thing at any time is cause of health and strength should thinke an old man might doe so would find himselfe much deceiued The Churches were little compassed with Pagans vnited amongst themselues as beeing neere the enemy now they are great without any opposite to keepe them in their duetie whereupon the common things are neglected and it is necessarie they should be cared for by one If the causes did continue in euery Prouince within a few yeeres there would bee such diuersitie that one would bee contrary to another and they would not seeme to be of the same faith and religion The Popes of Rome tooke not vpon them in ancient times many parts of gouernment when they saw it was good but reserued it to themselues when it was abused by others Many succeeding Popes were of holy life and good intension who would haue restored it but that they saw that in a corrupt matter it could not be well vsed His conclusion was that to preserue the vnity of the Church it was necessary to leaue things as they are Neither did this please the Italian Prelats who would haue the Popes authoritie preserued yet withall some thing restored to themselues especially being to reside therefore they came to moderate the businesse To restore Synodall iudicatures was reiected by almost all because it did diminish the Episcopall and was too popular To appeale by degrees though it was maintained by many yet it was excluded by pluralitie of voyces To appeale from the definitiues alone was accommodated with a limitation that it should be onely in criminall causes others beeing left in the same state though perhaps they had more neede to be reformed For proceeding against the persons of the Bishops no man desiring to facilitate the iudicature against himselfe the restoring of it to Parochiall Synods vnto which it did formerly belong was not spoken of but they desired to prouide that it remaining in the Popes hands it should passe with greater dignitie of that order moderating the commissions which came from Rome by which they were forced to appeare and submit themselues to persons of an inferior ranke And this was so earnestly desired by all that it was necessary for the Legat to yeeld vnto it though he was not pleased with any exaltation of the Bishops because all was taken from the Pope which was giuen to them The Dutch Prelates did propose that the lawes of the Degradations might be moderated as being intolerable and giuing much occasion of complaint in Germany For it being a pure ceremonie which hindereth Iustice and The Dutch Prelates complaine of the lawes of Degradation they hauing desired a moderation euer since the yeere 1522. in the one and thirtieth of the hundred grieuances to see that the abuse is continued giueth matter of scandall to some and of detraction to others The ancient vse of the Church was that if any Ecclesiasticall person would returne to the secular state to the end it might not appeare that those who were deputed to the A discourse about Degradation ministerie of the Church should serue the world the Bishops did vse to take from him the Ecclesiasticall degree as in warre to hold themselues in more reputation it was not graunted to a Souldier to returne to ciuill functions and be subiect to the ciuill Iudge if he were not first bereaued of his militarie degree which therefore was called Degradation taking from him his girdle and armes as with those he was created a Souldier Therefore when any Cleargie man either willingly or by the lawes was to returne to secular functions or for some faults was made subiect to that Court the Bishops did take from him the degree with the same ceremonies with the which he was inuested spoilng him of the habits and taking out of his hand the instruments by the assignation of which he was deputed to the ministerie Being apparelled iust as if hee were to minister in his charge hee was to be stripped first of that which was last in the ordination and with contrary words to those that were vsed in the promotion And this was very vsuall in those first times after Constantine for three hundred yeeres But about the yeere sixe hundred a custome was brought in not to permit Cleargie-men of holy Order to returne to the world and to others it was granted to doe it at their pleasure whereupon by little and little the Degradation of the lesser was wholy disused and that of the greater was restrained onely to this case when they were to be made subiect to the secular Court And Iustinian regulating the iudicature of the Cleargie after he had ordained that in Ecclesiasticall delicts they should be chastized by the Bishops and in secular delicts which hee called Ciuill by the publique Iudge added that the punishment should not bee executed before the partie guiltie were despoyled of 〈◊〉 Priesthood by the Bishop And after that criminall iudicature ouer the Clergie was granted to the Bishops the Degradation remained onely when the punishment was death which in regard of the dignity of their order the Ecclesiastiques would not haue inflicted vpon a Clergie man But in cases of exorbitant wickednesse it seemed that it could not be denied without scandall therefore they found a way to doe that indirectly which directly they could not saying it was iust that the offences of the Clergie should bee punished with deserued death but the Degradation was first necessary which they made so difficult by circumstances of solemnitie that very seldome it could bee done And this procured a greater reuerence of the Clericall
a criminall cause against a Bishop may not bee receiued by information but by witnesses and those of good fame chastizing them grieuously if they shall depose vpon Passion and the criminall causes of the Bishops may not be determined but by the Pope After this another Decree was published in which the Synode sayd The Decree concerning matters to be deferred vntill the comming of the Protestants That desiring to extirpate all errours it had handled foure Articles exactly 1. Whether it were necessary and commanded by GOD that all the faithfull should receiue the Sacrament vnder both kindes 2. Whether hee that receiueth but one receiueth lesse then he that receiueth both 3. Whether the holy Church hath erred in communicating the Laiques with the bread onely and the Priests who doe not celebrate 4. Whether children ought to bee communicated But because the Protestants of Germany doe desire to bee heard concerning these Articles before the definition and therefore haue demanded a Safe Conduct to come remaine speake freely propose and depart the Synode hoping to reduce them into the concord of one faith hope and charity by yeelding to them hath giuen them publique faith that is Safe Conduct as farre as it can according to the tenor vnder-written and hath deferred to define these Articles vntill the twenty fiue of Ianuary the next yeere ordaining withall that the Sacrifice of the Masse be handled in that Session as a thing annexed and that in the next the Sacraments of Penance and extreame Vnction be discussed The tenour of the Safe Conduct was That the holy Synode doeth as The tenor of the Safe Conduct much as it can grant publike faith full security that is Safe Conduct with all necessary and fit clauses though they require a speciall expression to all Ecclesiasticall and Secular persons of Germany of what degree state or quality soeuer who will come to this generall Councell that they may with all liberty conferre propose treate come remaine present Articles by writing or by word conferre with the Fathers deputed by the Synode and dispute without iniury and ill words and depart when they please And the Synode is further pleased to grant that if for their greater liberty and security they shall desire that Iudges bee deputed for the offences which they haue committed or shall commit though they be enormous and sauour of heresie The Ambassage of the Elector of Brandeburg they may name those that they shall esteeme fauourable After this the Mandate of Iâ—achim Elector of Brandeburg was read in the persons of Christopher Strassen a Lawyer and Iohn Osman his Ambassadours sent to the Councell The former made a long Oration shewing the good affection and reuerence of his Prince towarde the Fathers without declaring what his opinion was in point of Religion The Synode answered that is the Speaker in its name that it heard with great content the Ambassadours discourse especially in that part where that Prince doth submit himselfe to the Councell and promiseth to obserue the Decrees hoping that his deedes will be answerable to his wordes But the Proposition of those of Brandeburg was noted by many because the Electour was of the Augustane confession and it was openly knowen that his interests did mooue him to make such a faire shew that his sonne Fredericke elected Archbishop of Magdeburg by the Canons a Benefice vnto which a very great and rich principallitie is annexed might not be hindered at Rome and by the Catholiques in Germanie The answere which the Councel gaue was much matueiled at in regard An artifice vsed by the Councel often practised by the Church of Rome of the faire and aduantagious manner of contracting pretending ten thousand by vertue of the promise when the bargaine was but of ten For there is no more proportion betweene these two numbers then was betweene the reuerence promised by the Electour and the obedience receiued by the Synode It was replied for defence that the Councell did not regard what was but what should haue been sayd and that this is an vsuall and pious allurement of the holy Church of Rome which yeelding to the infirmitie of her children maketh shew to beleeue that they haue performed their duetie So the Fathers of the Councell of Carthage writing to Innocentius the first to giue him an account that they had condemned Celestinus and Pelagius desiring him to conforme himselfe to their declaration hee commended them in his answere that remembring the old Tradition and Ecclesiasticall discipline they had referred all to his iudgement whence all ought to learne whom to absolue and whom to condemne And indeed this is a faire gentle meanes to make men speake that in silence which they will not in words Afterwards according to the intimation made to the Abbat of Bellosana to giue him then an answere to the Letters and Protestation of his Master they made the Apparitors demaund by proclamation at the Church doore whether any were there for the most Christian King But no man appearing because it was so concluded by the Kings Counsel not to enter into the contestation of the cause especially for that they could expect no answere but made at Rome by the Pope and the Spaniards the speaker did desire that the answere decreed might be read publikely and so it was by consent of the Presidents The substance of it was That the Fathers conceiuing great hope of the fauours of the King were exceedingly grieued for the The answere of the Councell made to the Abbat of Bellosans words of his Minister which did much abate it yet they had not quite lost it in regard they were not conscious of hauing giuen him any cause of offence and for that hee said the Councell was assembled for the profit of some fewe and for priuate ends it had no place in them who were assembled not by the present Pope onely but by Paulus the third to extirpate heresies and reforme discipline then which causes none can bee more common and pious praying him to let his Bishops goe to assist this holy worke where they shall haue all liberty And if his Minister a priuate person who brought vnto them things distastfull was heard with patience and attention how much more welcome shall persons be of so great dignitie Adding withall that though they come not the Councell will not want reputation or authoritie hauing been lawfully called and for iust causes restored And for that his Maiestie did protest to vse the wonted remedies of his Ancestors the Synode had good hope that hee would not restore the things long since abrogated to the great benefit of that Crowne but looking backe vpon his Ancestors on the name of the most Christian King and on his father Francis who did honour that Synode following that example hee will not bee vnthankefull to GOD and the Church his mother but will rather pardon priuate offences for publike causes The Decrees of the Session were immediatly printed which
King did oppose by his Ambassadour Marleus M 〈…〉 assisted by Vergerius who knowing the searets and ends of the Romanes told Vergerius discouereth the secret ends of the Romanists to the Suisses and Grisons him how hee should perswade that nation and wrote also a Booke in this subiect so that in the Diet of Bada which then was helde not onely the Euangelicall but the Catholique Suisses also were perswaded not to send any and the Crisons entring into suspicion vpon the aduertisements of Vergerius that the Pope did plotte something to their preiudice did recall Thomas Planta Bishop of Coira who was already in the Councell In Trent the Congregations of the Diuines were diligently hastened who though they spake according to the order of the twelue Articles yet all the matter of Penance was handled not as the Schoole-men only but also as the Canonists doe handle it following Gratian who maketh a question thereof diuided for the length of it into sixe distinctions and the manner prescribed by the Presidents to deduce and prooue the conclusions from the The manner of discussing the points of doctrine is censured fiue places aforesaid caused not prolixity superfluity and vnprofitable and vaine questions to bee auoided but gaue occasion of greater abuses For when they spake Scholastically they kept themselues within the matter at the least and the discourse was all serious and seuere But in this new maner which they call positiue an Italian word drawne from plaine apparell without superfluous ornaments they ranne into fooleries For alleadging the Diuine Scripture they brought all the places of the Prophets and Psalmes especially where the word Confiteor and its verball Confessia are found which doth signifie in the Hebrew prayse or rather religious profession and haled them to the Sacrament of Confession and which was lesse to the purpose figures were drawen from the Olde Testament to shew that it was prefigured without any regard whether it might bee applied to it with similitude and hee was held most learned who brought most of them All the rites signifying humility griefe and repentance vsed by those who confessed were boldy called Apostolicall Traditions Innumerable miracles were related ancient and moderne concerning things which sueceeded well to those who were deuoted to Confession and ill to those who were negligent and despisers of it All the authorities alleadged by Gratian were often recited but various and diuers sences giuen them according to the matter and others also were added And hee that should haue heard those Doctours speake could not but conclude that the Apostles and ancient Bishops did neuer any thing but kneele at Confession or sit to confesse others In summe that to which all did come and which was most to the purpose was the Councell of Florence Among the memorials there doth nothing appeare worthy of particular mention except that which is to be spoken of when the substance of the doctrine must be recited But thus much was necessary to be deliuered Out of these sheaues of diuers sorts of corne caried into the barne it is no maruell if a mingled grist were threshed The points of doctrine by reason of the mixture did absolutly please but few neither was it obserued in this subiect as in others not to condemne any opinion of the Catholikes but where the opinions of the diuines were various to make the expression with such a temper that al parties might be satisfied Which causeth me not to obserue my former order but first to expound the substance of the Decree as it was established to be read in the Session and then to adde that which the same persons of the Councell did not approue The Decree was this That although in handling Iustification much The Decree concerning Penance was spoken of the Sacrament of Penance yet to roote out diuers heresies of this age it was fitte to illustrate the Catholike trueth which the holy Synode doth propose to bee perpetually obserued by all Christians adding that Penance was alwayes necessary in euery age of the world and after CHRIST to those also who were to be baptized which Penance is not a Sacrament There is another instituted by CHRIST when breathing vpon his Disciples he gaue them the holy Ghost to remitte and retaine sinnes that is to reconcile the faithfull fallen into sinne after Baptisme For so the Church hath alwayes vnderstood it and the holy Synode doeth approoue this sense of the wordes of our Lord condemning those who vnderstand them of the power to preach the Gospell And this Sacrament differeth from Baptisme not onely in the matter and forme but also because the minister of Baptisme is not iudge whereas after Baptisme the sinner doth present himselfe before the tribunall of the Priest as guilty to bee set at libertie by his Sentence And by Baptisme a full remission of sinnes is receiued which is not receiued by Penance without sighes and paines And this Sacrament is an necessary for sinners after Baptisme as Baptisme it selfe is to him that hath not receiued it But the forme thereof consisteth in these words of the minister I doe absolue thee vnto which other prayers are laudably added though they bee not necessary And Contrition Confession and Satisfaction are as it were the matter of the Sacrament which are therefore called parts of Penance The thing signified and the effect of the Sacrament is reconciliation with God whence peace and clearenesse of conscience do sometimes arise And therfore the Synod doth condemne those who make horror of conscience and faith to be parts of Penance Contrition is griefe of minde for sinne committed with purpose to sinne no more and was euer necessary in all times but in sinners after Baptisme it is a preparation to remission of sinnes being ioyned with a purpose to doe whatsoeuer else is required for the lawfull receiuing of this Sacrament And it is not onely a ceasing from sinne or a purposing and a beginning of a new life but also an hate of the life past And though Contrition be sometimes ioyned with charity and reconcileth a man to GOD before the receiuing of the Sacrament yet this vertue cannot bee ascribed to it without purpose to receiue the said Sacrament of Penance But the action which ariseth either by reason of the filthinesse of sinne or of the feare of punishment with hope of pardon is not hypocrisie but the gift of GOD by which the penitent beeing assisted doeth goe on to receiue Iustice which although it cannot bring vs to iustification without the Sacrament yet it doeth dispose vs to obtaine grace from GOD in the Sacrament of Penance By this the Church hath euer vnderstood that CHRIST hath instituted the entire confession of sinnes as necessary by the Law of GOD to those that fall after Baptisme For hauing instituted the Priests his Vicars for Iudges of all mortall sinnes it is certaine that they cannot exercise this iudgement without knowledge of the cause nor obserue equitie in imposing
iudge desiring therefore that what was done in the Councel the yeeres past might not haue the strength of a law but that the discussion of euery thing already handled should begin again it being not iust that when two contend in law what is done by one the other beeing lawfully absent should bee of forces and the rather because it may be cleerely demonstrated that aswell in the last actions as in those of the yeeres before Decrees haue been published contrary to the word of GOD. And they presented their doctrine and discourse in writing all which was receiued by the Secretary but the doctrine was not read The Speaker answered in the name of the Fathers that answere should be giuen in time conuenient When this was done the Electours and Ambassadours departed the The Fathers resolue not to alter the Safe Conduct Prelates remaining with the Presidents to giue order for the Session First the Decree was established and then the Safe Conduct proposed adding the causes why the Protestants were not content And consulting whether that which they desired should bee added to the forme they did easily agree all in one opinion that nothing should be added to auoide inextricable disputes and ineuitable preiudices The next day the 25. of Ianuary deputed for the Session they went to the The Session Church with the vsuall Ceremonies but with more Souldiers called by the Presidents to make ostentation of the greatnes of the Councel and with many strangers who came thither thinking the Protestants should be receiued publikely and with singular ceremonies The B. of Catanea sang Masse and Iohn Baptista Campeggio B. of Maiorica preached and the vsuall Riâ—es being obserued the Decree was read by the Masse Bishop the substance whereof was That the Synod to performe the things already decreed hauing exactly handled The Decree whatsoeuer belongeth to the Sacrifice of the Masse Sacrament of Order to publish in the Session the Decrees concerning them and the 4. Articles of the Sacrament of the Eucharist deferred thinking that the Protestants vnto whom they had giuen safe Conduct would haue been arriued by this time in regard they are not come but haue made supplication that all should be deferred vntil another Session giuing hope that they wil come long before the celebration thereof hauing receiued a safe Conduct in a more ample forme the Synod desirous of quiet peace beleeuing that they will come not to contradict the Catholike faith but to vnderstaÌ„d the truth that they wil be satisfied with the Decrees of the holy mother the Church hath put off the next Session vntill the nineteenth of March to giue light to and publish the things aforesaid granting them to remoue all cause of greater delay a safe Conduct of the tenour as shall be recited determining to handle in the meane while the Sacrament of Matrimony and to prosecute the reformation that they may publish the definitions of this together with the definitions of the things aforesayd The substance of the safe Conduct was That the Synod adhering The Safe Conduct to the safe Conduct already giuen and amplifying it doeth make faith to all Priests Princes Nobles and persons of what condition soeuer of the German nation which shall or are already come to the Councell Safe Conduct to come remaine propose and speake in the Synode to handle and examine what they thinke fit giue articles and confirme them answere the obiections of the Councell and dispute with those whom it doth elect declaring that the controuersies in this Councell shall bee handled according to the holy Scripture Traditions of the Apostles approoued Councels consent of the Catholike Church and authoritie of the holy Fathers adding that they shall not be punished vpon pretence of Religion or offences committed or which will bee committed so that there neede not bee any cessation from Diuine Seruice by reason of their presence either in the iourney or in the Citie of Trent or in any place else and shall returne when it shall seeme good vnto them without let with safety of their robe honour and persons but with the knowledge of the deputies of the Synode that prouision may bee made for their security granting that in this safe Conduct all those clauses bee held to bee included which are necessary for reall and full assurance adding that if any of them either in comming or in Trent or in returning shall commit any enormity which shall nullifie the benefit of this publike faith hee shall be punished by their own Iudges so that the Synod may be satisfied and on the other side if any other in comming hither remaining here or returning shall commit any thing which may violate this Safe Conduct hee shall bee punished by the Synode with the approbation of the Germans themselues who shall be present in Trent the forme of the assicuration remaining still in force giuing leaue to their Ambassadours to goe out of Trent to take the ayre and returne to send and receiue aduises and messengers as often as they shall thinke fit yet accompanied with the Deputies for their scecurity which Safe Conduct shall remaine in force so long as they be vnder the care of the Synode in comming to Trent in their abiding there and twenty dayes after they shall aske leaue to depart or after it shall bee granted to them that they may bee rendred in a secure place at their election which things it promiseth faithfully in the name of all faithfull Christians of all the Princes Ecclesiasticall and Secular and likewise of all other persons Ecclesiasticall and Secular of all conditions faithfully promising withall that the Synod shall not seeke occasion publikely or secretly that any thing bee attempted in preiudice of this Safe Conduct nor to violate the same will vse or suffer any to vse any authority power right statute or priuiledge of Lawes Canons or Councels especially that of Constance and of Siena which things in this behalfe and for this time it doth disallow And if the Synod or any person in it or any that belong to them shall violate the forme of this Safe Conduct in any point or clause whatsoeuer and punishment bee not inflicted to their approbation let them thinke that the Synode hath incurred all the punishments which the violaters of such Safe Conducts may incurre by the law of GOD or man or custome without admitting excuse or contradiction These things being read the Session was ended It is certaine that the Presidents doubtfull what might ensue were willing to bee prepared if the winde were prosperous to decide the matter of the Sacraments all in one Session and therefore hauing in a readinesse all that belonged to the Communion the Masse and Sacrament of Order they were desirous to digest also and put in order all that concerned Matrimonie that they might put all into one bundle and to handle succinctly in another Session Purgatorie Indulgences Images Reliques and such small matters for so they
desired often that the action should begin which not withstanding was deferred sometimes vnder pretence that the Legate was not well in health sometimes vnder diuers others The Emperours Ambassadours vsed all meanes to make them begin and perswaded the Protestants not to desire an answere to the demaunds presented by them and afterwards not to desire that the doctrine exhibited by them should bee examined But as one difficulty was remooued by the Protestants so another was still raised by the Presidents sometimes about the manner of treating sometimes about the matter with which to begin But in the end the Protestants perswaded by Pictauius were content to begin where the others would Yet for all this nothing was done For the Legate though very sicke of great passions of minde was thought to faine that hee might finde a pretence not to begin The Nuncij were irresolute and the Bishops did not agree among themselues For the adherents of Caesar Spaniards and others mooued by the Emperours Ambassadours desired to proceede but the Papalins suspecting that the end of the Imperialists was to come to the reformation of the Court of Rome embraced all occasions of delay And because the Dutch Bishops were already departed by reason of the rumours of warre they expected the like occasion also especially because the aduices of the Armes of the French King and confederates of Germanie against the Emperour did continue Protests and Manifests beeing published which alleadged for a cause the defence of Religion and libertie of Germany The first of April the Elector of Saxonie besieged Ausburg which did render it selfe the third day and the sixt newes there of came The Fathers of the Councell and the Protestants depart from Trent by reason of the rumors of warre to Trent and that all Tirol did arme and meant to goe to Ispruc there beeing an opinion that the armie of the confederates did purpose to possesse themselues of the passages of the Alpes to hinder strangers from comming into Germany Therefore in many of the Italian Bishops embarqued and went downe the Riuer Adice to goe to Verona and the Protestants determined to depart There remaining but few Prelates and the Legate often doting by reason The Legate doteth and the Nuncij send to Rome to knowe what to doe of his great infirmitie nor being able constantly to resolue the Nuncij fearing they should be alone in Trent if they expected the first of May according to the order wrote to Rome desiring to knowe what they should do in these great straits The Pope who already had concluded with France nor esteemed any more what the Emperour could doe hauing ouer come the difficulties by which he was compassed assembled the Cardinals and proposed to them the aduice of the Nuncy the maior part of whom did concurre without difficulty that the Councell should bee suspended The Bull was made and sent to Trent and letters addressed to the Nuncij giuing them authority for the suspension Therefore when they saw vrgent necessitie they were commanded to yeeld vnto it not putting the dignity of the Councell in danger which should be restored at another more peaceable time nor dissoluing it absolutely that they might keepe it in their power and vse it vpon occasions but suspending it for some yeeres The Nuncij concealed From whence they receiue order to suspend the Councel this answere and consulted with the Emperours Ambassadors and the principal prelates who desired that order should be expected from Caesar and extenuated the feare as much as they could Notwithstanding the Prelates though the maior part were Spaniards fearing their owne persons and hating the Protestants and not hoping that in so great straits the Emperour could haue time to thinke of the Councell gaue consent to a suspension Therefore the Nuncij did intimate the publique Session for the 28. of April so great was their feare that they could not expect two dayes the time appointed for it Those few that remained did assemble and after the Ecclesiasticall ceremonies were ended for the pompes were omitted for that time the Nuncio of Siponto caused the Decree so bee read by the Secretary The substance Which is executed in Session the 2. of April whereof was That the Synode the two Nuncij presiding in their owne name and in the name of Cardinall Crescentius the Legate grieuously sicke is assured that all Christians doe knowe that the Councell of Trent was first The Bull of the suspension for two yeres assembled by Paulus and after restored by Iulius at the request of Charles the Emperour to restore Religion especially in Germanie and to correct manners and that many Fathers of diuers Countreys did meete without sparing any paines or fearing any dangers and that the proceeding was prosperous with hope that the innouators of Germanie would come to the Councell and yeeld to the reasons of the Church but that by the subtilty of the enemie tumults are suddenly raised which haue interrupted the course taken away all hope of proceeding and giuen cause of feare that the Synode would rather irritate the mindes of many then pacifie them Therefore perceiuing that euery place Germanie especially is on fire with discords and that the Dutch Bishops especially the Electors were departed to make prouision for their Churches it hath determined not to contend with necessitie but to be silent vntill better times And therefore they doe suspend the Progresse for two yeeres with condition that if all be quiet before that time bee ended the Councell shall bee vnderstood to bee restored but if the impediments shall not cease at the end of two yeeres it shall bee vnderstood that the suspension is taken away so soone as the impediments are remooued without a new Conuocation of the Councell his Holinesse and the holy Apostolique Sea hauing giuen consent and authoritie to this Decree And in the meane time the Synode doth exhort all Christian Princes and Prelates as farre as concerneth euery one to cause all the Decrees of the Councell made vntill then to be obserued in their Dominions and Churches This Decree beeing read was approued by the Italians The Spaniards who were twelue sayd that the dangers were not so great as they were made That fiue yeeres Is opposed by the Spanish Prelates since Chiusa was taken by the Protestants when no commander but Castel-alto was in Tiral to defend it and yet the Councell did not disso 〈…〉 Now the Emperour was in 〈◊〉 by whose vertue those stirres would quickly ceast that the 〈…〉 should haue leaue to depart as then they had and those remaine that would vntill the Emperour were aduised 〈…〉 beeing but three dayes 〈…〉 might returness speedy answere But the others opposing popularly the Spaniards protested against so absolute suspension Who protest against the suspension notwithstanding the Nuncio of Siponto giuing his benediction to the Fathers gaue them leaue to begin their iourney The Nuncij and Italian Prelates beeing departed in
onely in Rome but throughout all Italie of the immense number of the Christians in those parts and how much the lists of the Apostolique Sea were enlarged And particularly they spake of the great number of Churches in the Citie Muzal which they sayd was the old Assur vpon the riuer Tigris from which Niniue renowmed for the preaching of Ionas was not farre distant situated beyond the riuer Vnder this iurisdiction they put Babylon Tauris and Arbela famous for the battaile betweene Darius and Alexander with many Countreys of Assyria and Persia They found also the ancient Cities named in the Scripture and Ecbatan which the stories doe call Seleucia and Nisibi They sayd that this man elected by all the Bishops was sent to the Pope for confirmation accompanied with seuenty persons as farre as Ierusalem and from thence by three of whom one died and another remained sicke in the iourney and the third called Calefi came with him to Rome All these things were printed and very curiously read The Pope receiued another also named Marderius a Iacobite of Assyria sent by the Patriarch of Antioch to acknowledge the Apostolique Sea and giue it obedience and make profession of the Romane faith But the world beeing satiated with the former did not care for this second After these shadowes of obedience which the Sea of Rome gained there succeeded one reall and of great importance which did abundantly recompence The King of England dieth whatsoeuer was lost in Germanie The sixt of Iuly 1553 Edward King of England died of the age of sixteene yeeres Fifteene dayes before he made a Will with approbation of his Councell wherein hauing declared that it did belong to him to name the Successour according to the lawes of the Kingdome he excluded his sisters Mary and Elizabeth because their legitimation was doubted of and all the posterity of Margaret his fathers elder sister as strangers not borne in the kingdome and named her Queene who followed in order that is Iane of Suffolke grand-childe to Mary formerly Q. of France and younger sister to his father Henry 8. by her daughter notwithstanding that the sayd Henry had in his last Will substituted Mary and Elizabeth which substitution hee sayd was pupillary and did not binde him now hee was of age Iane was proclaimed Queene in London and Mary retiring her selfe into Iane is proclaimed Queene Norfolke that shee might commodiously passe into France if there were occasion named her selfe Queene also and was finally accepted by all the kingdome alleadging in her fauour the Testament of Henry and that of a Matrimony contracted bona fide though there bee a nullity in it the issue is legitimate Iane and her adherents were imprisoned and Mary entred into But Mary obtaineth the Crowne London and was receiued with a generall applause and proclaimed Queene of England and France and had the title of Head of the Church Shee presently set the prisoners at liberty which her father had put into the Tower 1553 IVLIVS 3. CHARLES 5. Q. MARY HENRY 2. A sedition in London about Religion partly for Religion and partly for other causes A little after her entry there arose a sedition in London by occasion of one who tooke the boldnesse to preach Popery and of another who did celebrate the Masse To appease this trouble which was very considerable the Queene caused an Edict to be published that she would liue in the Religion of her Ancestors and therefore would not permit that any thing should bee preached to the people but that which formerly had been Afterwards the eleuenth of October shee was crowned with the vsuall ceremonies The Pope aduertized hereof considering that shee was brought vp in the Catholique Religion interrested in the respects of her mother and cousin by blood vnto the Emperour hoped he might make some entrie into the Kingdome and therefore did make Cardinall Poole his Legate thinking because hee was of the blood royall and The Pope maketh Cardinall Poole his Legat for England of an exemplary life he was the onely instrument to reduce that Kingdome to the Church of Rome The Cardinall who had been banished by publique Decree and depriued of his honour thought it not fit to begin the enterprise before he fully vnderstood the state of things beeing assured that the maior part was still deuoted to the memory of Henry Hee therefore sent into England secretly Giouanni Francesco Comendone to enforme him and wrote a Letter to the Queene in which commending her perseuerance in Religion in the times of her troubles hee exhorted her to continue in the times of her happinesse recommended vnto her the saluation of the soules of those people and the restitution of the true worship of GOD. Comendone hauing obserued euery particular and found meanes to speake with the Queene though compassed and garded on euery side perceiued shee had neuer beene auerse from the Romane faith and had promise from her that shee would labour to restore it into the whole Kingdome which the Cardinall vnderstanding put himselfe into the voyage In England after the Coronation a Parliament was held in which the A Parliament is held the diuorce of Henry the 8. declared to be vnlawfull diuorce of the Queenes mother Katherine of Aragon was declared to be vnlawfull the marriage good and the issue legitimate which was obliquely to restore the Popes supremacie in regard it could not be good without the validitie of the dispensation of Iulius the second and by consequence not without the supremacie of the Sea of Rome It was ordained also that all the constitutions in matter of religion made by Edward should be abrogated and Popeâ—y is established that religion obserued which was in vse at the death of Henry In this Parliament they treated of marrying the Queene though shee were aboue fourty yeeres of age and three were named Poole who had not taken holy Orders And the marriage of the Queene is treated on though he was a Cardinall and Courtney both of the blood Royall and first Cousins of Henry the eight in an equall degree this of the white Rose grand child of Edward the fourth by his daughter and that of the red Rose Nephew to Henry the seuenth by his sister both acceptable to the Nobilitie of England Poole for wisedome and sanctifie of life and Courtney for his louing behauiour and carriage But the Queene preferred Philip Prince of Spaine before these aswell for the treaties made by her cousin Charles the Emperour her affection also inclining much more to the mothers side then to the fathers as because shee thought shee might better secure her owne and the Kingdomes peace with that marriage The Emperour who did much 1554 IVLIVS 3. CHARLES 5. MARY HENRY 2. Vntil the coÌ„clusion wherof the Emperour hindreth Poole in going into England desire to effect it fearing that Poole might disturbe it by his presence in England knowing hee was departed Legate made meanes
learned men Inhabitants of Rome whom himselfe did know were named and others put themselues forward to receiue this honour The Court was full of the expectation But dieth be fore anything was effected hauing sat but 22. dayes of many nouities which were all buried in silence because Marcelius first weakened by the paines he tooke in the long great ceremonies as hath bin said afterwards taken with an apoplexie dyed the last day of the month the other astrologicall predictions of his father and his owhe which were extended a yeere after that time being not verefied The Cardinals being assembled againe in the Conclaue hee of Ausburg assisted by Morene made great instance that among the capitulations which the Cardinals were to sweare vnto one should bee that the future Pope should by counsell of the Colledge call an other Synod within Two cap 〈…〉 lations one to cal another S◠councel within two years another not to make aboue 4. Cardinals within two years Iohn Peter Caraffa called Paul the 4 41◠created Pope two yeeres to finish the reformation begun to determine the controuersies of Religion that remained and to finde a meanes to cause the Councell of Trent to bee receiued in Germany And the Colledge of the Cardinals beeing full it was capitulated that the Pope should not create more then foure within two yeeres The three and twentieth day of the next Moneth Iohn Peter Caraffa who called himselfe Paulus Quartus was created the Imperialists resistng as much as they could For he was thought not to be the Emperours friend in regard of the old distastes which he receiued in the King of Spaine his Court where he serued eight yeares in the life time of the Catholique King Ferdinand and because the possession of the Archbishoprique of Naples was denyed him a few yeares before by the common inclination of the Barons of that Kingdome Whereunto was added the seueritio of his manners which made Of whose seueritie the Court is afraid the Court fad and put it in geater feare of reformation then it formerly had in the treaties of the Councell The strictnesse of his life concerning his person and familie he laid aside immediately after his creation For being demaunded by his Steward what diet hee would haue prouided for him hee answered such as befitteth a Prince and would be crowned with greater pompe then was vsuall affecting in all his actions to keepe his degree with magnificence and to appeare stately and sumptuous To his Nephewes and kinsmen hee was as indulgent as any of his Predecessors He affected to hide his seueritie towards others by shewing the greatest humanitie but within a short time hee returned to his owne naturall disposition Hee tooke it for a great glory that the three English Ambassadours The English Ambassadors are receiued in the first cōsistory after the coronation dispatched in the time of Iulius entred Rome the firstday of his Papacie and the first consistorie after the Coronation was publique The Ambassadours were brought into it who prostrating themselues at the Popes feete did in the name of the Kingdome acknowledge the faults committed relating them all in particular for so the Pope would haue it confessing they had beene vngratefull for so many benefits receiued from the Church and humbly crauing pardon for it The Pope did pardon them tooke them vp from the ground and imbraced them and to honour their Maiesties who sent them gaue the title of a Kingdome to Ireland graunting them this dignitie by the authoritie which the Pope hath from God being placed ouer all Kingdomes to supplant those that are contumacious and to build new Men of iudgement who then knew not the true cause of that action thought it a vanitie not seeing The Pope giueth to Ireland the title of a kingdom what profit either of authoritie or honour it might bring to a King to haue many titles in the Countrey which hee possesseth considering that the most Christian King is more honoured by the onely title of King of France then if his State were diuided into as many Kingly titles as hee hath Prouinces Neither did it then seeme a fitte time to say hee had power from God to build vp and ouerthrow Kingdomes But those that knew the true cause did not thinke it vaine but a secret vsually practised a long time Henrie the Eight after his separation from the Pope made Ireland a kingdome and called himselfe King of England France and Ireland which title continued by Edward was assumed by Marie and her Husband The Pope so soone as hee was created entred into a resolution that the title of Ireland should not bee vsed by those Princes affirming constantly that it belonged onely to him to Which was taken before without the consent of any Pope giue the name of a King But it seemed hard to enduce England to quit that which two Kings had vsed and the Queene not thinking much of it had continued Therefore hee found a temper that is to dissemble the knowledge of what Henry had done and himselfe to crect the Island into a Kingdome that so the world might beleeue that the Queene Popes haue often giuen that which they could not take frō the possessors had vsed the Title as giuen by the Pope not as decreed by her Father And the Popes haue often giuen that which they could not take from the possessors and to auoyd contentions some haue receiued their owne goods as gifts and some haue dissembled the knowledge of the gift or of the pretence of the giuer In the priuate discourses betweene the Pope and the Ambassadours hee found fault that the Church goods were not wholly restored saying that by no meanes it was to bee tolerated and that it was necessarie to render all euen to afarthing because the things that belong to God can neuer bee applyed to humane vses and hee that withholdeth the least part of them is in continuall state of damnation That if hee had power to grant them hee would doe it most readily The Pope commandeth the restitutiō of Church goods in England for his Fatherly affection which hee beareth to them and for the experience hee hath of their filiall obedience but his authoritie was not so large as that hee might prophane the things dedicated to GOD and let England bee assured that this would bee an Anathema and an contagion which by the iust reuenge of God would alwayes hold the Kingdome of England in perpetuall infelicitie He charged the Ambassadours to write thereof immediatly and was not content to speake of it once but repeated it as often as there was occasion Hee said also plainely that the Peterperce ought to be payd as soone as might bee and that according to the And the payment of Peter pence custome hee would send a Collector for that purpose that himselfe had exercised that charge three yeeres hauing beene sent into England for that end wherein hee was much edified
to shew hee was not so much obliged to the Papacie would not receiue Ecclesiasticall Orders these causes being ceased went out of the number of the Deacon Cardinals and was ordained Priest and foure moneths after the Arch-bishop of Canterbury being burnt hauing beene first degraded with many ceremonies he was put into his place The people of Austria in regard of the Recesse made in the Diet and of Ferdinands declaration in fauour of the Cities and Nobles subiect to Ecclesiasticall Princes entred into hope that themselues also might retaine libertie The people of Austria disire liberty of 〈…〉 ligion of religion Therefore hauing called a Diet of his Subiects to haue a contribution against the Turkes who made warre against him they demaunded permission and freedome to liue in purity of religion and to inioy the benefit which was granted vnto the Confessionists telling the King that the scourges of the Turkes are Gods visitations to inuite them to amendment of life that Armes are in vaine taken against the enemie if the wrath of God be not first appeased who will be honoured according to his owne prescript and not according to the fansies of men They beseeched him that they might not be in worse estate then other Germans and that Ministers of the Church might teach and distribute the Sacraments according to the Euangelicall and Apostolicall doctrine and that the Schoole-masters should not bee banished vntill their cause were heard according to iustice offering vpon these conditions to aduenture their liues and goods to giue him contentment Ferdinand answered that hee could not grant their demand not for want To whom Ferdinand answereth thus of will to gratifie them but because hee was bound to obey the Church and that himselfe and Caesar had euer detested the discords in religion for remedy whereof they had institured many Colloquies and finally procured the Councell of Trent which if it had not a happy successe it was not to bee imputed vnto them in regard it is knowen with what counsels and artifices it hath been hindered by others that afterwards an Edict was made in fauour of the Augustan Confession in which themselues were partakers because it was said therein that euery Prince not Ecclesiasticall might choose which of the two religions he would and the people follow the religion of the Prince with which if any bee not content hee hath liberty to sell his goods and to goe whither hee will that therefore their duety was to continue in the old Catholique Religion which himselfe professeth but to yeeld to their desires as much as he could hee was content to suspend that part of the Edict which concerneth the Communion of the Cup yet with condition that they should change nothing in the rites and ceremonies of the Church vntill the Decree of the future diet And they desiring nothing else were content to contribute readily against the Enemie The Bauarians also desired of their Duke libertie of religion demaunding a free preaching of the Gospel mariage of Priests the Communion Sub vtraque 1556 PAVL 4. CHARLES 5. MARY HENRY 2. The Bauarians also desire liberty of religion Which their Duke doeth grant vnto them in some few points and to eate flesh euery day protesting that otherwise they would not pay the heauie Subsidies and contributions against the Turkes The Duke seeing that Ferdinand his wiues father had graunted his people the Communion of the Cuppe to obtaine contributions of them did likewise grant them that Communion and leaue to eate flesh if there were necessity on fasting dayes vntill the causes of Religion were composed by publique authority the Edicts made by him in matter of Religion stil remaining in force protesting in many and copious termes that hee would not depart from the Church and religion of his ancestors nor change ought in the ceremonies without consent of the Pope and the Emperour promising to procure that his Metropolitan and Bishops should approoue this grant and not molest any for these things The whole Palatinate did imbrace The whole Palatinate doth imbrace the Augustan Confession the Augustan Confession because the Elector beeing dead his Nephew succeeded who had declared himselfe to be of that Confession many yeeres before for which he had suffered many persecutions And now being made Prince hee presently forbade the Masses and Roman ceremonies throughout all his Principality But the Pope hauing layd the foundations before rehearsed applying himselfe to spirituall matters thought it necessary to gaine credit with the world which could not bee done if it did not appeare by deedes not by words onely that the Court of Rome was reformed Therefore beeing wholly bent to this in the end of Ianuary 1556. he erected a Congregation 1556. The Pope erecteth a congregation to discusse all doubts concerning Simonie in which were foure and twenty Cardinals and fiue and fourty Prelates and other persons the most learned of the Court to the number of 150. and diuide them into three rankes in each of which were eight Cardinals fifteene Prelates and others to the number of fifty To these hee committed the discussion of all the doubts in matter of Simonie which hee printed and sent copies of them to all Princes and said hee had published them that they might come to the knowledge of the Vniuersities of generall Studies and of euery learned man that all might haue occasion to make knowen their opinions which he would not openly desire because it was not honourable for that Sea which is mistris of all to goe about and beg them Hee sayd that for himselfe he had no neede of the instruction of any because he knew what CHRIST did command but that he had erected the Congregation that in a matter wherein all are interested it might not bee sayd that hee had proceeded of his owne head Hee added that hauing purged himselfe and his Court it could not bee sayd to him Physician cure thy selfe and that he would make Princes know that there is greater Simonie in their Courts which hee would take away beeing superiour aswell to Princes as Prelates In the first Congregation of the first ranke held the 26. of March before In the first meeting of which 3. opinions are broached Cardinall Bellai Deane of the Colledge twelue persons did speake and there were three opinions One of the Bishop of Feltre who defended that for the vse of the Spiritual power it is not inconuenient to take money when it is not for a price but for other respects another of the Bishop of Sessa that this was by no meanes lawfull and vpon no condition and that it was absolutely detestable Simonie as well to giue as to receiue nor could bee excused with any pretence the third of the Bishop of Sinigaglia in the middle betweene these two that it might bee lawfull but in some certaine time onely and with certaine conditions The voyces of that ranke being all giuen and brought to the Pope after Easter holy
conspiracie so that they disarmed within 24. houres Afterwards the King by his Edict pardoned all the reformatists vntill they returned to the Church Hee forbade all assemblies for Religion and committed to the Bishops the hearing of the causes of heresie This displeased the Chancellor though hee consented for feare the Spanish Inquisition would bee brought in as the Guisards desired The humors mooued were not quieted by the punishment of the Conspirators and the pardons published nor the hopes laid aside which they had conceiued to haue libertie of religion yea greater tumults of the people were raised in Prouence Languedoc and Poitou whether the Preachers of Geneua The Protestants doe increase by meanes of the Preachers of Geneua were called and came willingly by whose Sermons the number of the Protestants did increase This generall and sudden combination made the gouernours of the Kingdome resolute that there was neede of an Ecclesiasticall remedie and that very quickly and a Nationall Synode was proposed by the whole Councell The Cardinall of Armignac said that nothing was to be done without the Pope that he alone was able to make prouision that they should write to Rome and expect an answere To which opinion some few Prelats did adhere But the Bishop of Valence said that a sudden remedy could not be expected from the Pope because he was farre distant nor a fit one because hee was not informed of the particular necessity of the Kingdome nor a charitable one because he was busied in making his Nephewes great that GOD had giuen to all kingdomes all things necessary to gouerne them that France had Prelats of its owne to regulate the causes of religion who better know the wants of the kingdome that it would bee a great absurditie to see Paris burne hauing the riuers of Some and Marne full of water and to beleeue that water must be brought from Tiber to quench the fire The resolution A Nationall Synod is intimated in France of the Councell was that there beeing neede of a strong and sudden remedy the Prelates of the Kingdome should assemble to finde a way to hinder the course of these great mischiefes and the eleuenth of Aprill the Synod was intimated for the tenth of September But that the Pope might not take it in ill part a Curriet was dispatched to Rome to giue him an account of the resolution and to enforme him of the necessity of that remedy and to pray him not to take it amisse The Ambassador represented to his Holinesse the infection of the kingdome and the dangers and the hope which the King had of some good remedy by a generall Conuocation of the Prelats without which he saw no meanes to make an effectuall pouision Therefore hee was forced not to deferre longer nor to expect remedies from places romote which were vncertaine and long in comming and to vse that which was in his owne power and he added that no constitution of that Synod should bee of force before it were confirmed by his Holinesse The Pope on the contrary did grieuously complaine that the King had pardoned the errours committed against religion euen of The Pope blameth the French King for pardoning hereâ—â—kes those who did not aske it wherein none had power but himselfe And what King is there hee sayd who thinketh hee is able to pardon offences against GOD That it is no maruell if by the iust wrath of GOD there be so many tumults in that kingdome where the Sacred Canons are disesteemed and the Popes authority vsurped He said that the assembling of the Prelats would doe no good yea would cause a greater diuision that he had proposed a generall Councel which was the onely remedy that the cause why it was not essembled already proceeded from them who would not haue it that hee was resolued to celebrate it though it were desired by none but And will not approue the Nationall Synod would not by any meanes consent to the assembly of the Prelates either in France or elsewhere that this was neuer tolerated by the Apostolique Sea that if euery Prince should celebrate Councels of himselfe a confusion and separation of the Church must needes follow Hee complained much that the assembly was first intimated and then his consent demanded which hee must needes thinke was done with small respect of the head of the Church to whom all Ecclesiasticall affaires are to bee referred not to giue him an account when they are done but to receiue from him authority to doe them that the Edicts published did inferre an Apostasie in that kingdome from the Sea of Rome for remedie whereof hee would send an expresse Nuncio to make his will knowen to the King Hee sent the Bishop of Viterbo with instruction to shew him that a Nationall But sendeth a Nuncio into Spaine to disswade it Councell of that Kingdome would bee a kinde of Schisme from the vniuersall Church giue a bad example to other nations and make his Prelates proud assuming greater authoritie which diminution of his owne that it is generally knowen how earnestly they desire the restitution of the Pragmatique which they would first of all bring in by which meanes the King would lose his whole collation of the regalities and the presentation of the Bishoprickes and Abbies whence it would follow that the Prelats not acknowledging the power of the King would refuse to obey him And yet with all these inconueniences the euils which do now presse him would not be prouided against For the heretikes doe professe already that they esteeme not the Prelates so that whatsoeuer they should doe would bee opposed by the Protestant Ministers if for no other cause because it was done by them that the true remedie was to make the Prelates and other Curates reside and keepe their flockes opposing the furie of the woolues and to proceed in iustice against those who are iudged to bee heretiques by the iudges of faith and where it cannot bee done in regard of the multitude to vse force of armes to compell all to the performance of their duetie before the contagion doth increase that all these things beeing done now all differences might bee compleatly endded by the celebration of the generall Councell which hee would immediatly intimate that if the King would resolue to reduce the contumacious to obedience before they did more increase in number and strength hee promised to assist him with all his power and to labour that the King of Spaine and Princes of Italie should doe the like But if hee would not bee perswaded to compell his Subiects by force the Nuncio had instruction to propose vnto him that all the mischiefe which troubleth France and the poyson which infecteth that Kingdome and the neighbour places commeth from Geneua that the extirpation of that roote And to perswade y e King to make ware against Geneua would take away a great nourishment of the euill that making warre out of the Kingdome hee
done already or vndoing that which is done well Many other reasons were alleadged in confirmation of this opionion by many Bishops creatures of Paul 4 admirers of his wisedome in managing the Ecclesiasticall discipline who maintained that it was necessary to preserue yea to augment the rigour instituted by him if they would preserue the purity of religion Iohn Thomaso S. Felicio was of a contrary opinion that the Councell should treate againe of bookes as if there had been no precedent prohibition The opinion of Iohn Thomaso S. Felicio because that beeing made by the Inquisition of Rome is odious for the name to the Vltramontans and besides is so rigid that it cannot bee obserued and nothing doth more easily bring a law into disuse then the impossibilitie or great difficulty in keeping it and the great rigour in punishing the transgressours he sayd that indeed it was necessary to preserue the reputation of that office but that might bee done conueniently enough by making nomention thereof and by ordayning onely things necessary and moderate punishments And therefore his opinion was that all consisted in setting downe the manner and spake what himselfe thought to be the best that is that the bookes not already censured should be diuided amongst the Fathers and Diuines of the Counsel and those that were absent also to bee examined and censured and that a great Congregation should be deputed to iudge betweene the censure and the booke and that this also should bee obserued in those which are censured already and then all should be proposed in the generall Congregation to decree that which was best for the publike good For citing the Authors hee said there were two sorts of them some separated from the Church and some incorporated in it of the former no account is to be made seeing that by their separation they haue as Saint Paul saith condemned themselues and their owne workes so that there is no cause to heare them of the others some are dead and some aliue of which the latter are to be cited and heard because their good name and honour being in question one cannot proceed against they workes before the hearing of their reasons Concerning the dead whatsoeuer the publike good doth require may be done without danger of offending any Another Bishop added to this opinion that the same forme of iustice vsed towards the Catholiques aliue should be vsed also towards those that are dead because they haue kinred and schollars who doe participate of the fame of infamie of the dead and are therefore interested and in case there were none such yet the onely memory of the dead cannot be iudged before it be defended Some also did thinke it was not iust to condemne the workes of Protestants without hearing them For howsoeuer the persons be condemned by themselues yet the lawes doe not permit the declaratory without citation though in a notorious fact and therefore it cannot be pronounced against a booke though it doth notoriously containe heresie Fryar Gregory Generall of the Heremites sayd he did not thinke it necessary to obserue so many subtilties For the prohibition of a booke is as the prohibition of a meate which is not a sentence against it nor against him that hath prepared it but a precept to him that is to vse it made by him who hath the charge of his health therefore the credit of the Victualer is not in question but the benefit of the sicke who is forbid to eate of a meat that is hurtfull to him though in it selfe it may be good So the Synod as a Physician ought to forbid that which is hurtfull or dangerous to the faithfull wherein none will receiue wrong For howsoeuer the booke may bee good in it selfe yet peraduenture it may not agree to the infirmity of the mindes of this age Many other considerations did passe which were finally resolued into one of these Concerning the third Article to inuite the heretickes to repentance with The Legats and Prelats are diuided concerning the generall safe conduct promise of clemencie and grant of a safe conduct there were diuers opinions euen amongst the Legates themselues Mantua was for a generall pardon saying that many would bee gained thereby and that it was a remedie vsed by all Princes in seditions or rebellions to pardon those whom they cannot ouercome because by that meanes those that are least faultie doe retire and the others remaine more weake and although but few were gained or but one onely yet it was to bee done that though none at all could bee gained yet it would be great gaine to vse and shew clemencie Simoneta said that this would be dangerous for the ruine of others because many are induced to transgresse when they see it is easie to get a pardon and that rigour though it be hard to him that feeleth it doth keepe many in their duety that it is sufficient to shew clemencie to him that desireth it but to carrie it after him that doeth not demaund or doeth refuse it doth make men more carelesse of themselues and heresie will be thought to bee but a small fault when men see it is so easily pardoned In these two opinions the Prelates were diuided and those who did not approoue the Safe Conduct said it was not giuen to any in the first Conuocation of this Councell which would haue been done if it had beene necessary or conuenient because the Pope that sate then was most wise and the Legats the chiefest of the Colledge that it was giuen in the second Conuocation because Maurice Duke of Saxonie and other Protestants did desire it and the Emperour also in their behalfe but now it beeing demaunded by none Germanie saying aloud and protesting that it doth not hold this Councell to be lawfull a Safe Conduct would but giue them matter to make some bad exposition of the Synods meaning The Spanish Prelats would by no meanes consent to a generall Safe Conduct because it would preiudice the Inquisition of Spaine in regard so long as that lasted euery one might professe himselfe to bee a Protestant and make himselfe ready for the voyage and could not be arrested by that office The Legates thought the like might happen to the Inquisition of Rome and Italy All The resolution of the generall Congregation concerning the Index and Safe Conduct being considered concerning the Index it seemed sufficient for that present to make Deputies and to let those that were interested vnderstand by some little part of the Decree that they should be heard and inuite all to the Councell and for the Safe Conduct to referre themselues in regard of the difficulties to a further consideration While these things were handled the Popes Nephew Cardinall Altemps the fift Legate came to Trent and withall the newes of the Edict of France before rehearsed which put them all into a confusion that Princes should permit by publique Decree those nouities which the Councell was then assembled to
could not without danger and assistance of money thinke of Councels and some sayd that there beeing a diuision of the Protestants it was good to let them alone and not to name them alleadging that it was dangerous to mooue in a body ill humours which were at quiet To giue a Safe Conduct to English men which neither they nor any of them doe require would bee a great indignitie They were content it should bee giuen to the Scots because the Queene would demand it but so as that the demaund should first bee made For France there was a doubt made whether the Kings Counsell would take it well or not because it would bee thought to bee a declaration that the King had rebels Of Germanie none could doubt because it had beene formerly graunted to them and if it were graunted to that Nation alone it would seeme that the others were abandoned Many thought fitte to grant it absolutely to all Nations but the Spaniards did oppose and were fauoured by the Legates and others who knew the Popes minde to the great indignation of those who thought that an inference might bee made that the Councell was not aboue the Inquisition of Spaine In the ende all difficulties were resolued and the Decree framed with three parts In the first a Safe Conduct was giuen to the Germans iust word by word as it was made in the yeere 1552. In the second it was sayd that the Synod doeth giue Safe Conduct in the same forme and words as it was giuen to the Dutchmen to euery one who hath not communion of faith with her of euery Nation Prouince Citie and place where any thing is preached taught or beleeued contrary to that which is beleeued in the Church of Rome In the third it was sayd that although all nations The Decree of the Safe Conduct doe not seeme to be comprehended in that extention which hath been done for certaine respects yet those who repent and returne to the bosome of the Church are not excluded of what nation soeuer they be which the Synod desireth should be published to all But because it must be maturely consulted on in what forme the Safe Conduct must bee giuen them they haue thought fit to deferre that point vntill another time thinking it sufficient for the present to prouide for the securitie of those who haue publiquely abandoned the doctrine of the Church The Decree was presently printed as was fit it being made onely to bee published Yet the Synode did not keepe promise to consult of the forme of the Safe Conduct to be giuen to those of the third kinde and in printing of the body of the Councell this third part was left out leauing it to the speculation of the world why they did promise to prouide for those also and publish it in print with a desire to haue all men know it and afterwards not to do it and labour to conceale that which then they did desire to manifest The Emperours Ambassadours sollicited the Legates to make the reformation and to write to the Protestants exhorting them to come to the Councell as was done to the Bohemians in the time of the Councell of Basil The Legats answered that for these fourty yeeres all both Prince and people haue desired reformation yet neuer any part thereof was handled but themselues did crosse and hinder it so that they haue been constrayned to abandon the worke that now they will endeauour to make a generall reformation of all Christendome but for one particularly for the Clergie of Germanie which doth most neede it and which the Emperour doeth principally expect they saw not how they could make it seeing that the Dutch Prelats were not come to the Councell and for writing to the Protestants in regard they haue answered the Popes Nuncij with such exorbitant vnseemelinesse they could not but expect that they would make a worse answere to the Letters of the Synod The eleuenth of March the Legates proposed twelue Articles in the generall Twelue Articles to be discussed Congregation to bee studied and discussed in the next Congregations 1. What prouision might bee made that Bishops and other Curates may reside in their Churches without beeing absent but for causes iust honest necessary and profitable for the Catholique Church 2. Whether it bee expedient that none be ordained but vnto a title of some Benefice in regard many deceits are discouered which arise from ordination to a title of the Patrimony 3. That nothing be receiued for Ordination either by the Ordainers or their Ministers or Notaries 4. Whether it ought to bee granted to the Prelates that in the Churches where there are no dayly distributions or so small as that they are not esteemed they may conuert one of the Prebends to that vse 5. Whether great Parishes which haue need of many Priests ought to haue many titles also 6. Whether small Benefices with Cure which haue not a competent reuenue for the Priest ought to be reformed making one of many 7. What prouision is to be made concerning Curates ignorant and of a bad life whether it be fit to giue them coadiutors or able Vicars assigning them part of the reuenues of the Benefice 8. Whether power ought to bee giuen to the Ordinarie to incorporate into the mother Churches ruinated Chappels which for pouertie cannot be rebuilt 9. Whether it ought to be granted to the Ordinary that hee may visite Benefices held in Commenda though they be regular 10. Whether secret marriages which shall bee contracted hereafter ought to be made voyd 11. What conditions ought to bee assigned that a marriage may not bee esteemed secret but contracted in the face of the Church 12. What prouision ought to be made concerning the great abuses caused by the Pardoners After these the point following was giuen to the Diuines to bee studied One Article more concerning clandestine mariages and discussed in a Congregation appointed for that onely Whether as Euaristus and the Lateran Councell haue declared that clandestine or secret marriages are reputed not good both before the Iudge and in estimation of the Church so the Councell may declare that they are absolutely voyd and that secrecie ought to bee put amongst the impediments which doe make a Nullitie in the marriage In the meane space it beeing The Protestants of Germany treate a leaâ—ue and raise Souldiers discouered that the Protestants of Germanie did treate a league and make some leuies of Souldiers the Emperour wrote to Trent and to the Pope also that the Councell might surcease vntill it did appeare whither the motion did tend For this cause and because of holy dayes the residue of this moneth was spent in ceremonies onely The sixteenth day Franciscus Ferdinandus d'Aualos Marquis of Pescara The Spanish Ambassadour is receiued an oration is made in his name Ambassadour of the Catholique King was receiued in a generall Congregation and his Mandate being read an Oration was made on his name
voyce deliuered in the Congregations and of all the voyces of others which were any way remarkeable Of this number 34. came into my hands in that forme as they were deliuered and of the others I haue vnderstood the conclusion onely but here nothing is to be related but that which is of note The Patriarke of Ierusalem said That this Article had been handled and The Suffrage of the Patriarke of Ierusalem concerning Residence discussed in the first Councell and concluded that to cause residence there are two prouisions One to constitute punishments for those who doe not reside another to remooue the impediments which doe hinder residencie The first was fully ordered in the sixt Session neither can any thing bee added in regard the losse of halfe the reuenues is a very great pecuniary punishment then which a greater cannot be imposed without making the Bishops beggars If the contumacie bee excessiue there can bee no greater punishment except depriuation which requiring one to execute it which must needs be the Pope in regard the ancient vse of the Church was to reserue to that Sea the hearing and determining of the causes of Bishops that sixt Session referred it to his Holinesse to finde a remedie either by meanes of a new prouision or otherwise and bound the Metropolitane to aduise him of the absence For the second they beganne to make prouision and in that and other Sessions many Decrees were made to take away many exemptions which hindered the Bishops to exercise their charge Therefore it now remaineth onely to continue and to remooue the residue of the impediments electing a certaine number of Fathers as then was done to make collection of them that they may bee proposed and prouided for The Archbishop of Granata added that a more potent and effectuall remedie The suffrage of the Arch-bishop of Granada was proposed in that Councell that is that the obligation of Residence was by the Law of God which was handled and examined tenne moneths together and that if that Councell had not been interrupted it would haue beene decided as a necessary yea as a principall article of the doctrine of the Church and was then not onely discussed but the reasons vsed by diuers were put in print also so that the matter is prepared and digested and nothing now remaineth but to giue it perfection When it shall be determined that residencie is de iure Diuino all hinderances will cease of themselues the Bishops vnderstanding their duety wil thinke on their owne conscience they will not be reputed hirelings but Pastors who knowing that the flocke is giuen to them by God to whom they must make an account without laying the fault on others and being assured that dispensations wil neither saue nor helpe them they will apply themselues to performe their duety And he proceeded to proue with many authorities of the New and Old Testament Is approved by the maior part and exposition of the Fathers that this was the Catholike truth This opinion was approoued by the maior part of the Congregation the maintainers whereof laboured to bring authorities and reasons Others did reiect it and said it was new neuer defended neither by antiquity And reiected by others nor by this age before Cardinall Caietan who set the question on foote and maintained that part which notwithstanding hee did abandon in his old age because hee tooke a Bishopricke and did neuer reside that the Church hath euer held that the Pope might dispense that Non-residents haue alwayes beene punished and reprehended as transgressors of the Canons onely and not of the Law of God that indeede it was disputed in the first Councell but the disputation was held to be so dangerous by the Legats men of great wisedome that they did cunningly cause it to bee buried in silence that this example ought to be followed and that the bookes which haue beene written since haue giuen great scandall to the world and made knowen that the disputation proceeded from partiality For the authorities of the Scripture and Fathers they are onely exhortations to perfection neither is there any substantiall proofe but out of the Canons which are Ecclesiasticall lawes Some held opinion that there was neither place nor time nor opportunity to handle that question that no good could come by the determination of it but danger of many inconueniences that the Councell was assembled to extirpate heresies not to make Schisme among the Catholiques which would happen by condemning an opinion followed if not by the greater part yet by one halfe at the least that the authours of that opinion haue not inuented it for trueths sake but the more to vrge men to reside with small ground of reason in regard that the Lawes of GOD are not more diligently obserued then the Lawes of the Church that the precept for keeping of Lent is more strictly obserued then those of the Decalogue that if to confesse and communicate at Easter were commanded by GOD The lawes of the Pope are more strictly obserued then the lawes of God more would not doe it then now doe that to say Masse with Copes is an Ecclesiasticall law and yet no man doth transgresse it hee that doth not obey the penall commands of the Canons will transgresse much more when hee feareth onely the iustice of GOD neither will any Bishop be mooued with that determination but it will giue occasion to plot rebellions against the Apostolique Sea to restraine the Popes authority and as some haue been heard to whisper to depresse the Court of Rome that that was the ornament of the Clergie which is respected in other places onely in regard of it that if it should be depressed the Church would euery where be lesse esteemed and therefore that it was not fit to handle such a businesse without imparting it to his Holinesse and Colledge of Cardinals to whom it doeth principally belong The opinion of Paulus Iouius Bishop of Nocera is not to be omitted who The Suffrage of Paulus Iouius Bishop of Nocera said in substance That certainly the Councel was assembled to cure a great wound which is the deformation of the Church the cause whereof as all are perswaded is the absence of the Prelats from their Churches which beeing affirmed by all is perhaps not sufficiently considered by any But it is not the part of a wise Physician to take away the cause before hee be well assured that the remoouing of it will not cause greater diseases If the absence of Prelats hath beene the cause of the corruptions there will bee lesse deformation in those Churches where they haue resided The Popes for these hundred yeeres haue continually sate in Rome and vsed all diligence to instruct the people yet we doe not see that that citie is better gouerned then others The great capitall Cities of Kingdomes are most out of order where the Prelats haue alwayes resided on the contrary some poore cities which haue not
seene a Bishop in an hundred yeeres are lesse corrupted that amongst the ancient Prelats here present who haue continually resided in their Churches of which number there are some not one can shew that his Dioces is better then the next which haue continued without a Bishop If any say they are a flocke without a shepherd let him consider that not Bishops only but Parish Priests also haue cure of soules and that there are mountaines which hauing neuer seene Bishops may be a paterne to Episcopall Cities That the zeale and care of the Fathers of the first Councell is to bee commended and imitated who by penalties haue incited the Prelats to remaine in their owne Churches and begun to remooue the impediments which did hinder them but they were deceiued if they did hope that this residencie would be a sufficient reformation yea they ought to feare that as residencie is now required so posteritie seeing the inconueniences that arise from thence wil desire their absence That they ought not to make such strong bonds as cannot in time of neede bee loosed such as Ius Diuinum would bee which they now begin to alleadge 1400 yeeres after CHRIST Where there is a pernicious Bishop as was that of Collen he will defend himselfe by this doctrine in not obeying the Pope when he shall cite him to giue an account of his actions or keepe him farre off that he may not cherish the euill He added that hee saw that the Prelates who were of the contrary opinion had a good zeale but did beleeue also that some of them would bee content to make vse of it to withdraw themselues from the Popes obedience which the stricter it is the more it doth hold the Church vnited He put them in minde also that what soeuer they doe heerein will turne to the fauour of Parish Priests also to withdraw themselues from obedience to their Bishops For the Articles being thus expounded they will make vse of it and say that the Bishop cannot remooue them from their Churches nor restraine their authoritie by reseruations and being Pastors immediatly sent by God they will pretend that the flocke doth more belong to them then to the Bishop and no answere can be made against it And as hitherto the gouernment of the Church hath been preserued by meanes of the Hierarchie so this will cause a Popularity and an Anarchie which will destroy it Iohn Baptista Bernard Bishop of Aiace who though hee beleeued that residencie The suffrage of Iohn Baptista Bernard Bishop of Aiace was de iure diuino yet thought it not fit to speake of that question deliuered a singular speech saying That not ayming to establish one opinion more then another but onely so to enforce residencie as that it may bee really executed hee thought it vaine to declare from whence the obligation came or whatsoeuer else and that it was sufficient onely to remooue the cause of absence which is that Bishops doe busie themselues in the Courts of Princes and in the affaires of the world being Iudges Chancellours Secretaries Counsellours Treasurers and there are but few offices of State into which some Bishop hath not insinuated himselfe This is forbidden by S. Paul who thought it necessary that a souldier of the Church should abstaine from secular employments Let Gods command bee executed and them for bidden to take any charge office or degree ordinary or extraordinarie in the affaires of the world and then there being no cause for them to remaine at Court they will goe to their residencie of their owne accord without commaund or penaltie and will not haue any occasion to depart from thence In conclusion he desired that the Councell would constitute that it should not bee lawfull for Bishops or others who haue cure of soules to exercise any secular office or charge The Bishop of fiue Churches the Emperours Ambassadour opposed and Is opposed by the Bishop of fiue Churches the Emperours Ambassadour sayd that if the words of S. Paul were to bee vnderstood according to the sence which was giuen them the whole Church was to be condemned and all Princes since the yeere 800 vntill now for that for which they principally deserue to be commended these in giuing and those in accepting temporall Iurisdictions which also haue beene exercised by the Popes and by Bishops placed in the Catalogue of Saints The best Emperours Kings of France Spaine England and Hungary haue euer had their Counsels full of Prelates all which must bee condemned if Gods precept doe forbid them to exercise those charges Hee that thinketh Paul his command doth comprehend Ecclesiasticall persons onely is deceiued For it is directed to all faithfull Christians who are the Souldiers of Christ and inferreth that as the worldly souldier doeth not busiehimselfe in the Artes by which life is maintained because they are repugnant to his profession so the Souldier of Christ that is euery Christian ought to abstaine from those things which are repugnant to Christian profession which are sinnes onely but whatsoeuer may be done without sinne is lawfull for euery one The Prelates that serue in those affaires cannot be reprehended except it be said that they are sinnes The greatnesse of the Church and the esteeme the world maketh thereof proceedeth most from Ecclesiasticall dignities placed in persons of Nobilitie and of great blood and from Prelates exercised in charges of importance which if they should bee incompatible to the Clergie no person nobly descended would enter into that order no Prelate would bee esteemed and the Church would consist onely of people basely borne and liuing basely But on the contrary the good doctors haue euer maintained that those Statutes are against Ecclesiasticall libertie which exclude from publique administrations Ecclesiasticall persons to whom they belong by right of birth as also the prohibitions that publique charges cannot be giuen to Priests This was heard with applause of all the Prelates euen of those who thought that residence was deiure Diuino so potent are the affections of men that sometimes Who gaineth an applause they suffer them not to discerne contradictions Of the other Articles a light discussion onely was made yet something A briefe discourse of the Authoar concerning ordination to the title of the Patriimonie was said worth the noting For the second for prohibiting ordinations to the title of the Patrimony it is certaine that since the Church was constituted and established and necessarie ministeries deputed in it no man was ordayned in the good times of it but vnto some proper ministery But this good vse was quickly turned into an abuse For in regard of the exemptions of diuers and of other worldly respects and because the Bishops desired to haue a great Clergie they ordained whosoeuer came vnto them for it Therefore this sort of ordination was forbidden in the Councell of Chalcedon which was then called absolute or loose for so the Greeke word doeth properly signifie commanding that none should
so that open buying and selling was easily brought in which in the orientall Church could neuer be corrected though many Canons and censures were made against it Yet it was much diminished because God tooke from them by the rod of the Saracens a great part of their goods And in the West though it was much reprehended by good men yet it continued in some places more in some lesse vntill about the yeere 1000. the ordination was diuided from the collation of the Benefice for which cause that did beginne to passe for nothing and Simony did still continue in this and that more openly then before And this abuse did alwayes increase though vnder diuers names of Annates small seruices writing seale and other pretences which the Church still vseth with small hope that they can euer be taken away vntill CHRIST come againe with his whip ouerthrow the tables of the money changers and chase them out of the Temple But the ordination which being separated from the Benefice had the fortune to bee conferred freely did inioy it but a small time For the Bishops esteeming it vnprofitable and base and regarding more the other which yeelded fruit left off by little and little to administer the ordinations so that titular Bishops were instituted who performed the Pontificall Ecclesiasticall ministeries and the true Bishops busied themselues in the temporall onely Those hauing no reuenues were forced to maintaine themselues by the administration of those functions Whereupon hee that receiued Order was compelled to contribute first by the name of almes or offering afterwards to make it more honourable by the title of donatiue or present and proceeding further that it might not bee omitted as being a duetie it was couered with the name of reward not of the Ordayner but of his seruants or of the Notarie or of some other who serued him in the ordination Therefore in this Article it was proposed that the abuse occurring in the collation of Benefices should not bee spoken of as beeing an infirmitie not curable with any remedie but death Concerning which the Prelates were diuided not by opinions or affections but by qualitie of persons The rich Bishops condemned the receiuing of any thing either for themselues or their officers or Notaries as Simonicall and sacrilegious bringing the example of Iehesie seruant of the Prophet Elizeus and of Simon Magus and of the seuere commaundement of CHRIST Giue freely as you haue receiued They alleadged also many exaggerations out of the Fathers against this sinne saying that the names of a voluntary donatiue or almes are vaine colours repugnant to trueth because the gift is bestowed for the Order without which it would not haue beene giuen And if it bee an almes why is it giuen vpon that occasion onely let it be made at another time and Orders conferred without the interuention of any thing But the mischiefe is that if one should tell the Ordainer that hee gaue him an almes hee would hold it for an iniurie nor would receiue it at another time Therefore they ought not to beleeue that they could deceiue God and the world They concluded that an absolute Decree ought to bee made that nothing should bee giuen though willingly or vnder the name of almes nor receiued not onely by the Ordainer but also by any of his or by the Notarie vnder the name of writing seale paines or any other Pretence whatsoeuer But the poore Bishops and the Titular sayd to the contrary that as to giue order for a price was a wicked sacriledge so to take away almes so much commended by CHRIST did destroy charitie and wholly deforme the Church That there was the same reason absolutely for Ordinations which is for Confessions Communions Masses Burials and other Ecclesiasticall functions and therefore no cause why that should be forbidd in Ordination which is allowed in all these and the allegation that if it bee an Almes let it bee giuen at another time is of as much force in all the other functions The Church hath vsed from the beginning to receiue oblations and almes vpon these occasions which if they shall bee taken away the poore religious persons who liue of them will bee forced to take some other course the rich will not performe the offices as doeth and for the space of fiue hundred yeeres hath plainely appeared so that the exercise of Religion will bee lost and the people remaining without it will fall into impietie and diuers pernicious superstitions And if thousands of crownes are giuen without reprehension for the vestments which the Apostolike Sea giueth to the Metropolitans how can a small acknowledgement be reprehended which the Bishop receiueth from the inferiour Orders What reason is there that things of the same kinde should be ordered by contrary lawes That cannot be called an abuse which was instituted in the beginning And it remaineth still in the Pontificall that waxe candles are presented by those that are ordayned to the Bishop ordaining at the offering place in time of the Ordinations which be temporall things and if they bee great and well adorned may cost much It is not therefore so bad as it is painted out neither can the opposites game by the infamie of poore Bishops the name of reformers imitating the Pharisees in obseruing moathes and straining at gnats Some sayd also that it could not bee constituted as being contrary to the decree of Innocentius the third in the generall Councell where the vse of giuing and receiuing a temporall thing in the ministery of the Sacraments is not onely approoued but the Bishops are commanded to compell the people by censures and Ecclesiasticall punishments to obserue the custome giuing the title of laudable to those things which now some goe about to condemne as sacrilegious But Dinisius Bishop of Milopotamus made a long digression to shew how the faithfull would bee edified if the Sacraments were administred by the Clergie for pure charitie expecting no reward but from God onely Hee affirmed that necessaries were to bee allowed them and greater prouision also but that this was sufficiently and superaboundantly done by the assignation of Tithes because they not being the tenth part of the people doe receiue so great a portion besides other possessions which are double as much Therefore it is not iust to demand that which is already receiued an hundred folde and if the Bishops bee poore it is not because the Church is poore but because the riches are ill diuided With an euen distribution euery one might be fitted and that might be giuen without counter change for which more then the iust price hath beene already receiued Hee added that if this multitude of abuses could not bee taken away altogether it would bee good to beginne with that of Ordinations not restraining it to the onely action of conferring the Sacraments but extending it also to the precedent For it would be a great absurditie that one should pay too deere in the Chanceries of Bishoprickes for
dimisorie letters by which the Clerke hath leaue to finde out one that will ordaine him and in Rome to be ordained out of the times appointed and lay the reformation onely vpon the Bishops that doe ordaine This opinion was approoued by many in respect of the dimisories of Bishops but concerning the Facultie giuen at Rome the Cardinall Simoneta sayd that the Pope would prouide for it and that it was not a thing to be handled in Councell Concerning the reward of Notaries some thing was said For some esteeming it an office purely secular thought that their pay ought not to bee stopped Others held it for an Ecclesiastical office Antonius Augustinus Bishop of Lerida an antiquarie said that in the ancient Church the Ministers were ordained in presence of all the people so that there was no neede of letters Patents or testimoniall and after they had gained a title they did not change Diocesse and if for any cause they did make a iourney they had a letter from the Bishop then called Formata The vse of letters testimoniall began after that the people left to bee present at the Ordinations and the Clerkes began to bee vagabonds and being introduced in supplement of the presence of the people is to bee esteemed a temporall office but because it is applied to a spirituall matter it is to bee vsed with moderation Therefore his opinion was that some reward should bee allowed for them but moderated and limited That which was proposed in the fourth poynt belongeth onely to the Concerning distributions Collegiate Churches which hauing by their institution this function amongst others to assemble themselues in the Church to prayse God at the houres appointed by the Canons which therefore are called Canonicall rents were annexed to them for the maintenance of the Canons distributed amongst them in one of these foure manners For either they liued at a common table and charge as the Regulars or euery one had his portion of rents assigned to him which therefore was called a Prebend or the seruice being ended all was distributed amongst them either in meate or money Those that liued in common continued in that discipline but a small time but came to diuision either into Prebends or distributions to the Prebendaries excusing those from performing those diuine offices who by reason of infirmitie or some spirituall businesse could not bee present It was an eafie thing to find a pretence and begin an vse of being seldome in the Church and to enioy the Prebend notwithstanding But hee vnto whom the measure was distributed after the worke was done could not bee excused so that discipline and frequencie in the Offices remained longer in this second kinde then in the first For this cause the faithfull when they gaue or bequeathed any thing to the Churches ordained it should bee put in distributions and experience shewed that the greater the distributions were the better the Offices were performed and that the negligence of those who did not assist in the offices might bee redressed by taking part of the Prebends and making distributions thereof This was much commended by many of the Prelates thinking the worship of God would bee much inlarged heereby whereof there could no doubt bee made because it did appeare already by experience And this was all which was spoken for a ground of this opinion But Lucas Bisantius Bishop of Cataro a godly man but poore spake to the contrary that rather the Prebendaries should bee forced by censures and depriuations of part or of all the fruites and of the Prebends themselues but that the first forme should not bee altered For almost all these institutions being made by the last will of the faithfull they ought to bee obserued inuiolably and without alteration not onely vpon pretence of better but not for that which is truely and certainely better in regard it is not iust to meddle with that which belongeth to another because hee doeth not vse it well But which is of more importance to exercise a spirituall function for reward is vndoubted Simonie so that by driuing out one euil another would enter farre worse making negligent men to become Simoniacall The other part answered that the Councell had power to change last willes and for assisting at diuine Offices for gaine one must distinguish that the gaine is not the principall but the secondary cause and therefore there is no sinne in it for the Canons will goe to Church principally to serue God and secondarily for the distributions The others replyed that they saw not how the Councell had greater power ouer the goods of the dead then of the liuing which no man is so impertinent as to pretend and besides the doctrine is not so secure as it is affirmed that it is lawfull to serue God for gaine secondarily And if it were it is not a secondary but a principall cause which first mooueth and without which the worke would not bee done This opinion was not pleasing and raysed much murmuring in the Congregation For euery one beeing conscious to himselfe that hee receiued the title and charge onely in regard of the rents did thinke hee was condemned Therefore the Article had great applause that the Prebends should bee turned into distributions to incite men to serue God in the best manner they could These Articles hauing beene thus discussed Fathers were deputed to make Fathers are deputed to frame the Decrees the Decrees and it was proposed that in the next Congregations they should speake of sixe more leauing that of secret mariage for another Session The next day the Legates and Deputies met to collect the substance of the opinions of the Fathers and concerning the first Article of Residencie they dissented amongst themselues Simoneta fauoured the opinion The Legates dissent in opinion concerning Residence that it was de iure positiuo and sayd that the greater part euen those who held it was de iure diuino thought fitte that the question should bee omitted Mantua without manifesting his owne opinion sayd that the greater number did demand a declaration of it Of the other Legates Altemps followed Simoneta and the other two though with some caution adhered to Mantua And this difference did not pasle without some bitternesse though modestly expressed For this cause the Legates held a generall Congregation the 20. day in which the demand following was read out of a paper that is Because many Fathers haue sayd that residence is de iure diuino some haue sayd nothing and others spoken against the making of the declaration to the end that those who are deputed to make the Decrees may make them quickely easily and securely your Lordships may bee pleased to deliuer your opinions onely with the word placet whether you approoue or disprooue the declaration that residencie is de iure diuino because according to the custome of this holy Synod the Decree shall bee made as the greater number shall giue their voyces which because they
to make any further instance and perswaded the Bishops to he contented to expect and for the same cause they laboured with But they doe all surcease because the Pope would take occasion hereby to dissolue the Councel the Ministers of Spaine that they should not insist any more to haue the continuation declared who not onely were pacified but protested also to the Legats that they did not then demaund it saying that if others seeke to put the Councell into the stocke there is no reason their purpose should be couered with the cloake of the King of Spaine The protestation pleased the Legats who were ingaged by their word to the Marquis and knew not how to acquite themselues Neither was it lesse gratefull to them to deferre the point of Residence and that none might change opinion they drew a writing which they read in Congregation that it might there be approued that in the next Session they should doe nothing but deferre these matters vntill another and that for good respects and they thought they were disburthened of two great weights The Session approching many who thought themselues much pricked with the oration of the French Ambassadour desired the Legats to make a sound answere when the Mandate was read in the Session and Cardinall Altemps did perswade that by all meanes it should bee so saying that the insolencie of that Palace man was to bee repressed who was accustomed to speake to meane people The charge hereof was giuen to 10. Baptista Castello the Speaker with order onely to defend the dignity of the Synode without touching any mans person The Pope after long consultation resolued that the Continuation should The Pope resolueth that the continuation shall be declared but soone after waueth his opinion be declared let the Emperour doe what he could thinking that it must needs succeede well and dispatched a Currier to Trent with this Commission This being arriued the second of Iune troubled the Legates very much in regard of the confusions which they saw would arise and of the disorder in which the Councell was and all resoluing vniformely to informe the Pope better signifying vnto him the things that haue been handled and the Decree already published and shewing him the impossibilitie to performe his order the Cardinall Altemps who before had leaue to goe to Rome for other causes went away by post the next day to deliuer the message in person But at night another Currier came with letters that his Holinesse did refer all to the wisedome and iudgement of the Legats The fourth of Iune being come the Session was celebrated with the vsuall The Session is celebrated in which the Speaker maketh an answere to the ocation of Pibrac ceremonies and the Mandates of the Arch-bishop of Salzburg and of France were read Which being done the Speaker made an answere and said that there was hope prouision would be made against all the disorders of Christendome by the remedie which the Pope thought necessary that is this Councell begun by the assistance of the holy Ghost and consent of Princes amongst whom the French King hath sent men of conscience and religion to offer not onely assistance but obedience also to this Synod which doth not lesse deserue it then other Councels against which ill affected persons haue falsely opposed that they haue not been lawfull not true though men of pietie haue euer held them to be Councels hauing beene called by him that hath authoritie howsoeuer calumnies haue beene spread by others that they were not free against which as also against the present Synode the treacheries of Sathan copiously and acutely repeated by them the Ambassadours did not preuaile that the Councell will not make a bad interpretation of their diligent and free admonition not to regard popular applause or follow the will of Princes but as it doth esteeme it not to bee necessary or rather to bee superfluous so it is willing to beleeue that it doth proceed from a good mind that it may not be forced to say any thing against its mild and pious purpose and vsuall custome But to free them the Ambassadours from that vaine feare which they would seeme to haue and assure them of their true purpose he doth foretell them that the effects will shew that the Councell will postpose the desires will and power of whosoeuer to her owne dignitie and authoritie and promiseth to King Charles what it is able to doe sauing faith and religion for preseruation of his dignitie kingdome and state The French-men were ill satisfied with this answere but knew they had deserued it Afterwards the Decree was read by Which doth not please the Frenchmen the Masse-Bishop That the Synod in regard of diuers difficulties risen and to define the points of doctrine and reformation both together doth appoint The Decree the next Session to be held the tenth of Iuly to handle what shall bee thought fit both of the one and the other matter reseruing power to abridge or prolong the time in a general Congregation And there were 35. Prelats who desired that the point of Residence should then be handle Some proposed also that the continuation should be declared which was thought to be done to raise some tumults to make the Councell dissolue For they were of those who were most obliged to Rome and therefore did repent that they had spoken their opinion so freely in the point of Residence so much abhorred by the Court But all the rest beeing silent the Session ended The sixtâ— day a generall Congregation was held to giue order for that Order giuen for the matter of the next Session which should be handled in the next Session and the Articles concerning the communion were proposed Whether all the faithfull are necessarily and by Gods Commaundement bound to receiue both kinds in that Sacrament Whether the Church doth vpon good ground communicate the Laiques with the bread onely or hath erred heerein Whether all CHRIST and all his graces are receiued as well vnder one kind as vnder both Whether the reasons which haue mooued the Church to giue to the Laitie the Communion of the bread onely ought to induce it also not to graunt the Cup to any If it shall appeare that it may bee graunted to some for honest causes vpon what conditions it may bee done Whether the Communion be necessary for infants before the vse of reason The Fathers were demanded if they were pleased that that matter should be handled and whether they would adde any thing vnto it And although the French Ambassadors and many of the Prelates did thinke fit that the points of doctrine should not be handled vntill it did appeare whether the Protestants would come or not it being euident that in case they should be contumacious the discussion would be in vaine as not necessary for the Catholiques and not accepted by the others yet none opposed at the earnest perswasions of the Imperialists who hoped to
an end without speaking of the other 3. Articles But concerning the fourth Article the Spanish Diuines and dependants The 4. Article that the Cup is not to bee allowed to the people is stâ—oÌ„gly maintained by the Spanish Prelates on Spaine were maruellously vnited in giuing counsell that by no meanes the vse of the Cup should bee permitted to Germany or others The substance of that which they said was That none of the causes which formerly mooued the Church to take it from the people beeing ceased yea beeing now more vrgent and others more strong and essentiall annexed it was fit to perseuere in the determination of the Councell of Constance and of the Church before and after And discoursing of the dangers of irreuerence which was the first kinde of the causes they said they were now more to bee feared then in former times For then there was none who did not constantly beleeue the reall and naturall presence of CHRIST in the Sacrament after the consecration so long as the kindes did last and yet the Cup was taken away because men had not such regard to the blood of CHRIST as was necessary and therefore what reuerence can bee hoped for now when some doe denie the reall presence and some will haue it onely in the vse Besides there is not so much deuotion amongst good Catholiques diligence in humane affaires and negligence in diuine beeing much increased so that it may bee feared that a greater neglect may produce a greater irreuerence To make a difference betweene Priests and others is now more necessary then euer because the Protestants haue exposed them to the hatred of the people and spread a doctrine which taketh from them their exemptions subiecteth them to lay Magistrates detracteth from their power of absoluing from sinnes and saith also that they should bee called to the ministery by the people and bee obnoxious to bee deposed by them which should force the Church to preserue exactly all those rites which may giue them reputation The danger that the vulgar may receiue an impression of false beleefe and bee perswaded that some thing is in the Cup which is not vnder the bread is now more vrgent in regard of the new opinions spread abroad Many said that the Church did prohibite the Chalice to oppose the errour of Nestorius who did beleeue that all CHRIST was not vnder one kinde which being the opinion of some of the heretiques now the prohibition is to bee maintained still What they would inferre by this I cannot expresse better hauing neuer read that Nestorius did speake in this subiect nor that the Modernes doe handle it with those termes But the third danger that the authoritie of the Church would bee debased and a conclusion made that it hath erred in taking a way the Cup may bee called not a danger but a thing that would certainely happen neither was the request made by the Protestants but to conclude that the Synod hauing confessed the errour past hath corrected it by this graunt so they will publish the victory and demaund a change also in other constitutions of the Church They said they were deceiued who thought the Dutch-men would bee satisfied with this and submit themselues to the decrees of the Councell yea they will take away fasts difference of meates demaund marriage of Priests and an abolition of Ecclesiasticall iurisdiction in the exterior Court which is the marke at which they all doe ayme that it is not credible they are Catholikes who desire the Cup because the Catholikes doe all beleeue that the Church cannot erre and that no deuotion is acceptable to God if it be not approued by it and that obedience to the Church is the height of Christian perfection that it is certainly to bee beleeued that hee that doth demaund the Cup thinkes it necessarie and hee that thinketh so cannot bee a Catholique that none doth demaund it beleeuing that hee may not lawfully vse it without the graunt of the Councell but that they may not bee hindred by their Princes who if they were alone would vsurpe it without any allowance that of this euery one may bee assured obseruing that not the people but the Princes doe entreat who will not suffer a nouitie without a lawfull Decree not because the people would not bring it in of themselues more willingly then seeke it of the Councell And this argument was so pressed that Fryar Francis Forier a Portugall A petulant saying of a Fryar against the Princes who demanded the Cup. vsed a conceipt which the auditors thought to bee not onely bold but petulant also that the Princes would make themselues Lutherans by permission of the Councell The Spaniards exhorted them to consider that if this were graunted to Germanie Italy and Spaine would demaund the like to whom it could not bee denied from whence also these Nations would learne not to obey and to desire a change of other Ecclesiasticall Lawes and that to make a most Catholike countrey Lutheran there was no better meane then to giue it the Cup. Franciscus Della Torre a Iesuite repeated a saying of the Cardinall Saint Angelo the chiefe Penitentiarie that Sathan who was woont to transforme himselfe into an Amgell of heauen and his Ministers into Ministers of light doth now vnder the couer of the Chalice with the blood of CHRIST exhort to giue the people a cup of poyson Some added that the prouidence of God guiding the Church inspired the Councell of Constance in the former age to establish the taking away of the Cup by a decree not onely for the reasons which were then of force but because if it were now in vse there would bee no externall signe to distinguish the Catholiques from the Heretiques and this distinction being taken away the Protestants would bee mingled in the Church with the faithfull and that would follow which Saint Paul saith that A little leauen doth quickly make sower a great lumpe so that to graunt the Cuppe would bee nothing else but to giue the heretiques greater opportunitie to hurt the Church Some also who knew not the petition had beene presented to the Pope and by him to vnburthen himselfe and draw the matter in length referred to the Councell did expound it ill that the request was then made to the Synod and not to the Pope suspecting it was to this end that they might enlarge euery grant with vnsit interpretations and so cause a necessitie of another Councell But those who thought they might condescend to the requests of the Emperour and of so many other Princes and people gaue counsell to proceed with lesse rigour and not to make such bad interpretations of the godly prayers of the weake brethren but to follow the precept of Saint Paul to transforme themselues into the defects of the imperfect to winne them and not to haue worldly aymes of reputation but to gouerne themselues by the rules of charitie which treading vnder foot all others euen those of humane
This bred a suspicion in the Spaniards and French-men and the French Ambassadour exhorted him to desist from making prouisions of warre for feare of disturbing the Councell The Pope answered that the English men and Protestants of Germanie hauing declared themselues that they will assist the Hugonots of France it was not fit for him to be vnprouided that the world was full of heretiques and therefore it was necessarie to protect the Councell as well by force as by authoritie The Spanish Ambassadour went not the same way but confirming that the proceedings of the protestants were to bee suspected promised him all ayde and assistance in his Kings name which hee did to hinder the making of a league in Italie which would neuer haue beene pleasing in Spaine The Pope accepted the offer and vnderstanding at the And is pleased with his Legates same time the vnion of his Legats and how zealous they were to doe him seruice was much consolated And hee sent them word that they should hinder all speach concerning residence if it were possible or if they could not should make vse of pluralitie of voyces but aboue all that they should dispatch 〈…〉 ckely that they might conclude it before the comming of the French men and the assembling of the Dietin Germany that the Emperour for the great desire hee hath to make his sonne King of the Romanes may not suffer himselfe to be perswaded by the Protestants to propose in Councell something more preiudiciall then those things which haue been proposed already The French Ambassadours after they had often made a modest request The request of the French Ambassadors that their Prelates might be expected did the tenth of August present it in writing The tenor whereof was That the most Christian King resoluing to obserue and reuerence the Decrees of Councels which represent the vniuersall Church doth desire that the Canons of this may be receiued by the aduersaries of the Church of Rome of which those who are not separated haue no neede and hee thinketh that those which are to bee made will be more acceptable if the Session bee prorogued that vnto so great a multitude of Italian and Spanish Prelates the French Bishops may be added of whom in the ancient Councels of the Church great account hath beene made The cause of their absence which they the Legates haue heard before and iudged necessarie will cease quickely as it is hoped and in case it should not yet they will arriue before the ende of September because they are so commanded by the King And hereby it will come to passe also that the Protestants for whose sake the Councell was intimated who say euery day that they will bee present in it will haue lesse cause to complaine because they cannot require more maturitie in this weightie businesse nor accuse them for too much precipitation They demaunded that while their Bishops were expected that none might thinke that the King did designe that by this meanes the Councell should be idle or dissolue they would treat onely concerning manners and discipline and the two points remaining in matter of the Communion of the Cup. They added this last clause not to displease the Imperialists who had hope to obtaine it in that Session The Legats hauing consulted answered in writing that the prelats of France were before the Councel was opened expected almost sixe moneths and after it was begun which was principally done in regard of France they deferred to handle any matter of weight sixe moneths more into which because they are now entred it is not conuenient to desist because they could not so doe without dishonouring the Councell and much incommodating so many Fathers but to prolong the day of the Session was not in their power to grant without consent of the Fathers and therefore that they could not expect from them a more determinate answere The French-men then desired that it might be granted to them to make their proposition in the Congregation But the Legates answered that before it had been tolde them and all the other Ambassadours that they might negotiate with none but the Legates and that it was formerly decreed in that same Councell that Ambassadours might not publiquely speake in Congregation but onely the day in which they are receiued and their Mandate is read This made the French-men complaine much to the Bishops and especially to the Spaniards and to say it was a great absurdity that the Ambassages should be addressed to the Synod and the Mandats presented to it and yet they might not treate with it but with the Legats onely as if they were Ambassadours to them who are but Ambassadors themselues as the Pope who sendeth them is a Prince and as hee is a Bishop and the first Bishop they are but Proctors of one who is absent and haue beene alwayes so esteemed in ancient Councels They alleadged the example of the Councels of Nice Ephesus Chalcedon Trullus of the second of Nice also and that the breach betweene the Pope and the Councell of Basil was because they pretended to change this ancient and laudable institution That this was a kinde of grieuous seruitude in the Councell that they could not be heard and an iniurie to Princes who could not treate with those with whom they were to manage the affaires of their states that the Decree alleadged by them was not shewed and that it was fit to see it and to know from whom it proceeded For if the Legates for the time being did make it they did extend their authoritie with great exorbitancie if the Synode it was necessary to examine how and when For it was an intolerable inconuenience which was done in the beginning of this last Conuocation of the Councell that the Legates with a few Italian Prelats who came from Rome onely should make a Decree and practise it with rigour that nothing may bee proposed but by the Legates so that the way is barred to all Princes and Prelates to bee able to propose a good reformation which would bee for the seruice of God but in stead of that the doctrine controuersed with the Protestants is handled in their absence without any benefit of the Catholiques who doe not doubt of it and aliening the Protestants by condemning them before they are heard And their complaynts were renewed when they were enformed from Monsieur de l'Isle Ambassadour of their King in Rome that by the Kings order hee had made the same request to the Pope that the French Bishops might bee expected all September and that his Holinesse had referred it to the Legates Lansac sayd it was a thing worthy of eternall memorie The Pope referred it to the Legates the Legates cannot doe it without the Synode and that cannot heare them and so the King and the world are deluded The eleuenth of August the Bishops began to giue their voyces concerning the Decrees in matter of the Sacrifice and almost all did lightly and vniformely passe
for the deferring of it Wherefore though the time was past they came to the Legates and told them they had a new commission from the King to make request that they would labour in the reformation and for points of doctrine expect the comming of his Prelates adding that if the matter of Order and Matrimonie were disputed by the Diuines and handled by the Prelates no more points of doctrine would remaine and the comming of the Frenchmen would bee to no purpose Wherefore then request was that they would be pleased to deferre them vntill the end of October imploying themselues in the meane space in the matter of reformation or one day in that and another in matter of doctrine not deferring as they had done all the matter of reformation vntill the last dayes immediatly before the Session so that there scarce remained time so much as to see the Articles much lesse to consult vpon them The Legates answered that their propositions did desire to be weighed well To which the Legates answered and that they would be carefull to giue them all possible satisfaction demanding a copie of their instructions that they might resolue the better The Ambassadours gaue them a writing of this tenour That the King hauing seene the Decrees of the sixteenth of Iuly concerning the Communion Sub vtraque and deferring two Articles in the same matter and those proposed in the Congregations concerning the sacrifice of the Masse howsoeuer hee commendeth that which is done yet he cannot conceale that which is generally spoken that is that the matter of discipline and manners is either quite omitted or slenderly handled and the controuersed points in Religion in which all the Fathers doe agree hastily determined Which although hee thinketh to bee false yet hee desireth that the propositions of his Ambassadours may bee expounded as necessary to prouide for the good of Christendome and the calamities of his Kingdome And hauing found by experence that neither seuerity nor moderation hath beene able to reduce those who are separated from the Church hee thought fit to haue recourse to the Generall Councell which hee hath obtained of the Pope that hee was sory that the tumults of France did hinder the comming of his Prelates that hee saw well that the constancie and rigour in continuing the forme begunne by the Legats and Bishops was not fit to reconcile peace and make an vnity in the Church that his desire was that nothing might bee done to aliene the mindes of the aduersaries now in the beginning of the Councell but that they may bee inuited and in case they come receiued as children with all humanitie hoping that by this meanes they will suffer themselues to be taught and brought backe to the bosome of the Church And because all that are in Trent doe professe the same Religion and neither can nor will make doubt of any part thereof hee thinketh the disputation and censure in poynts of religion to bee not onely superfluous but impertinent for the Catholiques and a cause to separate the aduersaries the more For hee that thinketh they will receiue the Decrees of the Councell in which they haue not assisted doeth not know them well neither will any thing bee done by this meanes but arguments ministred of writing more Bookes Therefore the King thinketh it better to omit the matter of Religion vntill the other of Reformation bee well set in order and that this is the scope at which euery one must ayme that the Councell which now is great and will bee greater by the comming of the Frenchmen may produce fruit Afterwards the King demandeth that in regard of the absence of his Bishops the next Session may bee put off vntill the end of October or the publication of the Decrees deferred or a new order expected from the Pope to whom hee hath written labouring in the meane while in the matter of Reformation And because he vnderstandeth that the ancient libertie of Councels is not obserued that Kings and Princes or their Ambassadours may declare the necessities of their States his Maiestie demandeth that their authoritie may bee preserued and all reuoked which hath been done to the contrary The same day the Emperours Ambassadours came to the Legats requiring The petition of the Emperors Ambassadors that the Articles sent by his Maiestie and presented by them might bee proposed and were very earnest that the points of doctrine might bee deferred vntill the comming of the Frenchmen and that the reformation may bee seruiceable not onely for the whole Church but for the Church of euery particular Kingdome their desire was that two of euery Nation might bee deputed to put them in minde of that which did deserue to bee proposed and discussed in Councell The Legats made a common answere to them both that they could not alter without great preiudice the order set downe which was to handle Doctrine and Reformation both together and if they should that other Princes would oppose but to content them they would ordaine that the Diuines and Prelates should examine the matter of Order onely and afterwards handle some poynts of Reformation obseruing still the former vse that euery one of what condition soeuer may put them the Legats in minde of what they thinke necessary profitable or conuenient which is a greater liberty then to haue two deputed for euery nation and afterwards they would treat of Matrimonie The Ambassadours being not one iote contented the Legats sent all their demands to the Pope The Frenchmen complained to all men of this austeritie and for that the Pope had lately commanded other Prelats to goe to the Councell that hee might exceed in number which the Papalins themselues did not like should bee done so openly and iust when the newes was spread of the comming of the French-men desiring to be secured by a maior part yet so as not to haue it knowne for what cause it was done But the Pope did of set purpose proceede 〈◊〉 openly that the Cardinall of Loraine might know that his attempts would be in vaine and so resolue not to come or that the Frenchmen might take some â—easion to make the Councell dissolue Neither was the Pope oâ—â—ly of 〈…〉 pinion but all the Court fearing some great preiudice by the Cardinals desseignes which howsoeuer they might not succeede a thing which they could scarce hope hope 〈…〉 yet his comming onely would hinder prolong and disturbe the Councell Ferraâ—â— told Loraine his kinseman 〈◊〉 his iourney would bee of no moment and of small reputation to himselfe in regard hee would arrâ—ue after all was determined and Biancheto a familiar friend of the Cardinall of Armignac who also had credit with Loraine 〈◊〉 as much to them both and the Secretary of Seripando who had 〈…〉 ritie 〈◊〉 the President Ferrier â—olde him the same all which was though too bee do 〈◊〉 by commission from the Pope or to please him at the least But tâ—â—ir care of the actions of the
members Granata did second him shewing the necessity and opportunity thereof thanking the Bishop of Fiue Churches for his admonition and said they would consult amongst themselues For this cause the Spaniards being assembled together discoursed of And is seconded by the Spaniards the necessitie of reformation and the hope thereof in regard of the Emperours inclination from which their King also who was most piously addicted would not disseut and the French Prelates who would shortly be there would vndoubtedly promote and assist the worke in earnest They repeated diuers abuses and shewed that the fountaine of them all was the Court of Rome which is not onely corrupt in it selfe but the cause of deformation in all Churches and particularly the vsurpaâ—ion of the Episcopall authoritie by reseruations which if it were not restored and the Court depriued of that which they haue taken from Bishops it would bee impossible the abuses should bee redressed Granata considered that it beeing necessary to lay a good foundation for so noble a Fabrique a way was open for them now that they were to speake of the Sacrament of Order if it bee determined that the authority of Bishops is instituted by CHRIST because it will follow by consequence that it cannot bee diminished by which meanes that will bee restored to the Bishops which hauing been giuen them by CHRIST hath by the ambition of others and their owne negligence been vsurped from them Braganza added that it was so much the more necessary because the Episcopall authority was brought to nothing and the Order erected superiour to Bishops vnknowen to the Church in former ages that is the Cardinals who at the first were esteemed in the number of Priests and Deacons and after the tenth age began to exalt themselues aboue their degree Notwithstanding they were still accounted inferiour to Bishops vntill the yeere 1200 since which time they haue so farre aduanced themselues that they hold Bishops as seruants in their houses and it will bee impossible to reforme the Church vntill both of them bee reduced to their due places These propositions and discourses were heard with applause so that they resolued to elect sixe of them to put in writing the things necessary and fit as well for the reformation in generall as particularly for this point of the institution of Bishops whence they purposed to begin Oranata Iasper Cornante Archbishop of Messina the Bishop of Segouia and Martin di Cardoua Bishop of Tortosa were named the last of which was cause why the proiect did not proceed For hauing secret intelligence with the Papalins he excused himselfe alleadging his owne insufficiencie and the vnfitnesse of the time adding that Fiue Churches was not mooued with pietie and had no other end then to make vse of them to constraine the Pope by meanes of the reformation to grant the vse of the Cup wherein they had beene auerse And seeing they were disposed to heare him hee preuailed so much with them that they passed no further for the present but interposed a delay Notwithstanding it was not long deferred For Granata Braganza Messina and Segouia hauing obtained audience of the Legates desired that they might handle the Articles proposed heretofore by Cardinall Crescentius in this same Councell and concluded though not published that is that the Bishops are instituted by CHRIST and are superiour to Priestes iure diuino The Legates after they had conferred together answered that the Lutherans hauing affirmed that a Bishop and a Priest is the samething it was fit to declare that a Bishop is superiour but that it was not necessary to say quo iure nor by whom a Bishop is instituted because there is no controuersie of it Granata replyed that there was a controuersie and that if the Diuines did dispute it the necessity of deciding this point would be knowne The Legates would not consent by any meanes and after some few sharpe words on both sides the Spaniards departed without hauing obtained any thing yet resolued still to perswade some of the Diuines to bring this particular into The Legates wiâ—l not sulter the instâ—tution of Bishops to be discussed the discussions and to make mention of it when they were to giue voices in congregation But the Papalins vnderstanding hereof did cause it to be voyced amongst the Diuines that the Legates did forbid all speach of that question But to returne to the congregation when the second ranke spake consisting of Diuines and Canonists Thomas Passius a Canon of Valentia said that all doubt made of the Ecclesiasticall Hierarchie did proceede from grosse ignorance of antiquity it being a thing most knowne that in the Church the people hath alwayes beene gouerned by the Clergie and in the Clergie the inferiours by the superiours vntill all be reduced vnto one vniuersall Rector which is the Pope of Rome And hauing declared the proposition at large he added that there was no need to doe any thing herein but to make this trueth appeare by remoouing the contrary errours which haue bin brought in by the Schoolemen who sometimes by too much subtiltie doe make plaine things obscure opposing the Canonists who place the first tonsure and the Bishopricke in the number of Orders Of the latter he said it seemed strange to him how they could confesse that confirmation ordination and so many other consecrations doe so peculiarly belong vnto it that they cannot possibly bee done by any else and yet deny it to bee an Order when as they giue that name to the keeping of the doore which may as well be done by a Lay-man For the first tonsure he hath euer heard the Diuines say that a Sacrament is an externall signe which signifieth a spirituall grace and that the tonsure is the signe and the thing signified is the deputation to the seruice of God and therefore hee wondered why they would not haue it to be a Sacrament and the rather because one entreth into the Clergie by it and doth participate of Ecclesiasticall exemptions so that if it were not instituted by CHRIST it could not be said that either Clergiship or the exemption thereof were de iure Diuino that it was plaine that the Hierarchie consisteth in the Ecclesiasticall Orders which is nothing but an holy order of superiors and inferiors which can neuer bee well established without making as the Canonists Of Ecclesiasticall Hierarchie doe the Tonsure the lowest and the Bishopricke the highest which being done the Hierarchie is all established because the first and last being giuen those of the middle will necessarily follow which cannot subsist without the former Concerning the other part of the Article they said it was very plaine by the Canons that in the choyce of Bishops and deputation of Priests and Deacons the people of al sorts was present gaue voice or approbation but this was by the Popes tacit or expresse consent because no Laicke can haue authority in matters Ecclesiasticall but by priuiledge from him And this
onely giue his voice with modestie and serue the Legats out of his loue in any honest worke as farre as he was able And Madruccio did not forbeare to say that there was a secret Councell within the Councell which did arrogate more authoritie A Councell within the Councell The Legates perceiuing that euery thing turned against them caused the Congregations to be omitted Neither was this sufficient For the Prelats Practises to dissolue the Councell made priuate congregations amongst themselues and the Legats continuall consultations The Arch-bishop of Otranto and others who aimed at the Cardinalitie of which they thought themselues assured if the Councell were separated agreed together to oppose euery thing to make some tumult arise and went passionately about euen in the night also making practises and causing men to set their hand to papers Which though in effect it pleased the Legats yet for the manner it displeased the most of them as beeing of bad example which might giue scandall And on the contrary side there wanted not those who desired a dissolution But each partie expected an occasion that the cause of it might be attributed to the other so that the suspicions did encrease on both sides The Cardinall of Loraine complained to all that plots were laid to dissolue the Synod and especially to the Ambassadours of Princes desiring them to write to their Masters to perswade the Pope that the Councell may bee continued that the practises might bee moderated and the Fathers left to their libertie saying that otherwise a composition would bee made in France that Of which the Card of Loraine complaineth euery one might liue as hee would vntill a free Councell as this was not in which nothing could be resolued but as pleased the Legates nor by the Legates but as the Pope listed that he would be patient vntill the next Session And of the want of libertie in Councell and then if he sawe not things goe better hee would make his protestations and together with the Ambassadours and Prelates returne into France to make a Nationall Councel in which perhaps Germanie would concurre with them a thing which would be displeasing vnto himselfe in regerd of the danger that the Apostolique Sea would not bee acknowledged any more In those dayes many Curriers passed betweene Rome and Trent For the Legates As did also the French-men in Rome aduised the frequent contradictions and the Pope sollicited the proposing of the Canons which he sent And the French-men in Rome made the same complaint to the Pope which Loraine had done in Trent and vsed the same threats of a Nationall Councell and the assistance of Germanie But The Pope answereth resolutely the Pope who had been vsed to these things said hee was not daunted with words was not afraid of Nationall Synods did knowe that the French Bishops were Catholiques and that Germanie would not subiect it selfe to their Councels He said that the Councell was not onely free but might be called licentious that the practises of the Italians in Trent were not with his knowledge but did arise because the Vltramontans would tread the Popes authoritie vnder their feete that hee hath had three good occasions to dissolue the Councell but was willing it should continue hoping that GOD would not abandon his Church and that euery attempt against it would come vpon the head of the Innouators Fiue Churches departed and went to the Emperours Court in the time of these confusions to giue his Maiestie an account of the state of the Councel and of the combination of the Italian Prelates and it was discouered that Granata and his adherents had desired him to perswade the Emperour to write to the Catholique King concerning the Reformation and Residence that both in those and in other occasions they might speake freely according to their conscience all which the Legates did beleeue to proceede from Loraine And therefore for a counterpoise themselues also a few dayes after sent the Bishop Commendone to the Emperour vpon pretence to excuse and render the causes why the demands of his Maiesty could not as yet be proposed And they gaue him commission to exhort the Emperour to be content not to demand of the Councel bot of the Pope himselfe those points of his petition which concerne his authoritie as also other instructions such as seemed them good But Martinus Crame 〈…〉 Bishop of Vormis Ambassadour of the King of Polonia to the Emperour being come to Trent vpon pretence to visit the Cardinall of Varmia his ancient and in ward friend there was a great suspicion that he was sent by the Emperor to be an eye-witnes of the proceedings in Councell and to relate them to him All these things made the Legates doubt that the Councell would be dissolued in some manner dishonourable to the Pope and themselues obseruing that it was desired by many euen by some of the Papalins themselues and that disorders were purposely procured by others to iustifie themselues in case it should happen They sent vnto all the Ambassadours a writing which conteined the present difficulties and desired their counsell But the French Ambassadours answered vpon this occasion that which they desired to say many dayes before that as the Councell was assembled to remedie abuses so some were willing to make vse A free speech vsed by the French Ambassadours of it to encrease them that before any thing else were done it was fit to withstand such manifest practises that they were intolerable that if they were remoued and euery man had libertie to speake freely what hee thought a good accord would easily bee made that the Pope was Head of the Church but not aboue it that he was to gouerne and direct the other members but not to domineere ouer the body that to remedie the differences it was necessary to follow the Councell of Constance which hauing found the Church most disorderly by meanes of these opinions did reduce it into tolerable tearmes They sayd that one cause of discord was because the Secretary Seconded by the Imperialists did not set downe their voyces faithfully so that the greater part seemed in the acts to be the lesser and that could not be taken for a resolution which was concluded by the common opinion and therefore that it was fit to ioyne another with him The Imperialists said almost the same things and were more earnest for another Secretary The other Ambassadors stood vpon generall tearmes desiring a continuation of the Councell and an vnion of mindes Things standing thus Ventimiglia redispatched by the Pope returned The B of Ventimiglia returneth to Trent to Trent the nine and twentieth of Ianuary who made a relation of his credence to the Legates and by their aduice sought to remooue two opinions spread in the Councell one that the Pope could not liue long the other that hee desired a dissolution of the Councell Hee testified the desire of his Holinesse that laying aside
Ambassadours made a great and long instance to the Legats to handle the reformation and to propose their petitions before they beganne to treate of Matrimonie They answered that the Synode was not to receiue lawes from others that if things conuenient bee proposed by Princes consideration is to bee had of them at such times as the President shall thinke fit that if in their petitions any thing bee found belonging to Order they will propose it together and afterwards the other things in their time This answere not contenting the Ambassadours they desired that if they would not make the proposition they would bee content that themselues might doe it or else giue them a plaine negatiue adding as it were in forme of a protestation that if they continued to giue these ambiguous answeres they would hold them to bee equiualent to a scornefull negatiue The Legates tooke three dayes time to giue a more precise answere and in the meane while desired Loraine to pacifie them and to make them contented to expect vntill they had receiued an answere from Rome concerning the Articles which they had sent thither The next day the Articles of Matrimonie were giuen foorth to bee discussed The Articles to be disputed by the Diuines the weeke following in which a dispute presently arose betweene the French and Spaniards about precedence which could not bee composed to the satisfaction of both parties but by changing the order obserued vntill then and by giuing precedence according to promotion vnto the doctorship The Popes Diuines opposed saying that the difficultie beeing betweene the French and Spaniards the prouision should bee made for them alone and their place not altered which was vndoubtedly the first The Legates saying they had reason concluded that the first ranke in which the Papalins were should speake as formerly they had done and the other A question of precedence betweene the French and Spanish Prelates three according to the order of promotion wherewith the Frenchmen were not content except one of them were put into the first ranke The Spanish Secretary desired that a publique instrument might bee made of the decree that it might appeare that if any Frenchman speake before the Spaniards it was not by reason of precedence of the Kingdome In conclusion to giue satisfaction to all an instrument was made and a grant to the French-men that after Salmeron the first of the Popish Diuines the Deane of Paris would speake and the others of the first ranke should proceede according to promotion The Articles were eight vpon which they were to dispute whether they were hereticall and ought to bee condemned 1. That Matrimony is not a Sacrament instituted by God but an humane introduction in the Church and that it hath no promise of grace 2. That the Parents may make voide secret marriages and that those which are so contracted are not true marriages yea that it is expedient that hereafter they should bee made voide in the Church 3. That it is lawfull in case the wife bee diuorced for cause of fornication to marrie another in the life time of the former and that it is an error to make a diuorce for any cause but fornication 4. That it is lawfull for Christians to haue many wiues and that the prohibition for marriage in certaine times of the yeere is a tyrannie which proceeded from the superstition of the Gentiles 5. That Matrimonie ought to bee preferred before chastitie and that God giueth more grace to those that are married then to others 6. That the Priests of the West may lawfully contract Matrimonie notwithstanding the vow of Ecclesiasticall law and that to say the contrary is to condemne Matrimonie and that all those who haue not the gift of chastitie may marrie 7. That the degrees of consanguinitie and affinitie mentioned in the eighteenth of Leuiticus ought to bee kept and neither more nor lesse 8. That inabilitie to carnall copulation and ignorance in the contract of mariage are onely causes to dissolue Matrimonie contracted and that the causes of Matrimony doe belong to Secular Princes Of which Articles that they might briefly speake they were diuided into foure parts according to the foure rankes of Diuines and two appointed for each The Bishop of Renes Ambassadour of France to the Emperour arriued in Trent who hauing treated with Loraine that Cardinall went to the Legates and told them that euer since his departure out of France hee hath had commission from the King to goe to the Emperour which hee would doe within a few dayes because he would bee in Ispruc and because Renes was come to fetch him He gaue an account also of the iourney to the Pope by letters in which hee touched the manner of the proceeding of the Italians in Councell adding that if they so continued hee would pray God that hee might doe some thing for his holy seruice They had talked of this iourney a moneth before and therefore when it was published the suspicions were not so great as if it had not been foreseen All men assured themselues that it was to make a combination concerning the Councell and particularly to bring in the vse of the Cup and the rather because the Cardinall had said to many Prelates vpon diuers occasions that the Emperour Discourses about the Cardinall of Loraine his going to Ispruc Kings of the Romanes and of France would neuer leaue to make petitions for Reformation vntill they had obtained the vse of the Chalice though they were to remaine two yeeres in Councell but that fauour beeing granted they would easily bee quieted and that to giue satisfaction to those Princes was the best meanes to retaine those Kingdomes in obedience that it was impossible to obtaine it of the Pope in regard of the opposition of the Cardinals who abhorred the grant that it was not hitherto obtained in Councell because the businesse was not well mannaged and that there was hope that vsing good meanes it might bee gained But those who did more attentiuely marke the Cardinals proceedings obserued a great varietie in his speaches For sometimes hee said that in case matters were not resolued hee should bee forced to depart at Easter or at Whitsuntide sometimes that hee would remaine in Trent two yeeres sometimes proposing meanes to dispatch the Councell and sometimes taking courses to make it euerlasting manifest arguments that as yet hee knew not his owne intention And they suspected his cautelous proceeding which did argue a desire to iustifie his reasons by Art and make his cause honest And considering that in Ispruc would bee the King of the Romanes the Duke of Bauaria the Arch-Bishop of Salzburg and the Arch-duke Ferdinand it was thought that this conference must needes produce some nouities especially in regard of the small satisfaction which the Councell had hitherto giuen the Emperour and of the vnion in all matters betweene France and him And it might bee thought also that the King of Spaine so neere
would inferre the word Publique for a necessary condition doeth inferre that the consent only is not sufficient and that the Councell of Florence hath failed in a necessary declaration That CHRIST sayd in generall of Matrimonie that man cannot separate that which GOD hath ioyned meaning both the publique and the secret coniunction That in the Sacraments nothing ought to be affirmed without authoritie of the Scriptures or tradition neither of which doe allow this authoritie to the Church yea by tradition wee finde the contrary because all Churches in all nations throughout the world are vniforme in not pretending any power herein On the contrary it was said to be a cleere case that the Church hath power to make any man vncapable of marriage because many degrees of consanguinitie and affinitie are made hinderances by the Ecclesiasticall law onely and likewise the impediment of a solemne vow was made by the Popes law and therefore secrecie may bee likewise made an impediment by the same authoritie The other part answered that the prohibition by reason of kinred is de iure diuino as Saint Gregory the Pope and many of his successors haue determined that matrimonie cannot be contracted betweene two vntill it bee knowen in what degree of kinred they are ioyned and if other Popes haue restrained this vniuersalitie to the seuenth degree afterwards to the fourth this was a generall dispensation as Diuorce was to the Iewes and that a solemne vow doeth hinder de iure diuino not by the Popes authoritie But Camillus Campeggius a Dominican Friar agreeing with the others that no humane power is extended to the Sacraments added that whosoeuer can destroy the essence of the matter can also make it vncapable of the Sacrament that no man can make water not to be the matter of Baptisme or some bread of wheat not to bee the matter of the Eucharist but hee that shall destroy the water turning it into ayre or shall burne the bread turning it into ashes shall make those matters not to bee capable of the forme of the Sacraments So in Matrimony the ciuill nuptiall contract is the matter of the matrimoniall Sacrament by Diuine institution which beeing destroyed and made of no force can no more bee the matter of it Therefore it cannot bee said that the Church can make a nullity in the secret marriage for so it would haue authority ouer the Sacraments but it is true that the Church can nullifie a secret nuptiall contract which as beeing voyd cannot receiue the forme of a Sacrament This doctrine did much please the generality of the Fathers because it was plaine easie and resolued all the difficulties But Antonius Solisius who spake after him did contradict saying the speculation was true but could not bee applied to this purpose For the reason as it is meant of Baptisme and the Eucharist that whosoeuer doeth destroy the water and the bread doeth make them vncapable of the formes of those Sacraments doeth not argue an Ecclesiasticall power but a naturall so that whosoeuer hath vertue to destroy the water may by this meanes hinder the Sacrament whereby it would follow that hee that can nullifie a ciuill nuptiall contract may hinder Matrimonie but the annullation of such contracts belongeth to the ciuill Lawes and to secular Magistrates therefore they must take heede lest while they would giue authoritie to the Church to make voyd secret marriages it bee not rather giuen to the secular power Amongst those who attributed this power to the Church it was disputed whether it were fit that the Church should vse it And there were two opinions One to make voyd all the secret in regard of the inconueniences which ensue The other that the publique made without consent of parents in whose power they are should be made voyd also And these alleadged two reasons one that as great inconueniences did follow by these in respect of the ruines which happen to families by mariages vnaduisedly contracted by yong men the other that the Law of GOD commanding obedience to parents doeth include this case as principall That the Law of GOD doeth giue this particular authoritie to the Father to giue his daughter in marriage as it plainely appeareth in Saint Paul and Exodus That there are examples of the Patriarches in the olde Testament all married by their fathers That the humane ciuill Lawes haue esteemed the marriages voide which haue beene contracted without the father That as then it was iudged expedient to nullifie secret marriages so now seeing that the Popes prohibition is not sufficient which hath forbidden them without addition of nullitie there is more reason in regard the malice of man will not obey the Law of GOD which forbiddeth to marry without consent of parents that the Synode should adde vnto it a nullity also not because the Fathers haue authoritie to make voyde the marriages of children which is heresie to affirme but because the Church hath authoritie to nullifie both these and other contracts prohibited by diuine or humane Lawes This opinion as honest pious and as well grounded as the other pleased many of the Fathers And so was the Decree framed howsoeuer the publication was omitted for causes which shall be related hereafter But the Prelates did not for beare to discusse the controuersies about the Popes authoritie and institution of Bishops And the Frenchmen did perseuere in their resolution not to admit the words Church-Vniuersall lest they should preiudice the opinion held in France of the superioritie of the Councell and if it had beene proposed would haue made protestation of the nullitie and departed The Pope wrote it should bee proposed whatsoeuer did The Legates dare not propose the Article of the institution of Bishops follow But the Legats fearing that euery little stirre would be much out of season now the Emperour was so neere wrote backe that it was better to deferre it vntill the Article of Matrimony was finished The seuenteenth of February Father Soto was the first that spake in the second ranke who vpon the Article of Diuorce did first distinguish the matrimoniall coniunction into three parts the bond the cohabitation and the carnall copulation inferring that there were as many separations also He shewed at large that the Ecclesiasticall Prelate had authoritie to separate the married or to giue them a diuorce in respect of cohabitation and carnall copulation for all causes which they shall iudge expedient and reasonable the matrimoniall bond still standing sure so that neither can marrie againe saying that this was it which was bound by GOD and could not bee loosed by any He was much troubled with the words of Saint Paul who granteth to the faithfull husband if the vnbeleeuing wife will not dwell with him to remaine separated Hee was not contented with the common exposition that the Matrimonie of the vnbeleeuers is not insoluble alleadging that the insolubilitie is by the law of Nature as also the words of Adam expounded by our
is not bound that hee is exempted from the Law The last day but one of February the Cardinall of Loraine returned to Trent hauing remained fiue dayes in Ispruc which hee sent in continuall The Card. of Loraine returneth negotiation With the Emperour King of the Romans and their Ministers At his returne he found the Popes letters to him in which hee said that hee did desire a reformation should bee made and not deferred any longer and that they might haue time to labour therein the words of the decree of Order which were in difficultie should bee taken away The Cardinall did publish these letters purposely in Trent where it was generally knowen that the Legates had a contrary Commission But the Papalins vsed all diligence to find what businesse the Cardinall had by meanes of those who were in his company and in particular what resolution was taken concerning the seuenteene Articles and the rather because Count Fredericke Massei who came from Ispruc but the day before related that the Cardinall was euery day in priuate conferrence more then two houres with the Emperour and King of the Romans The Frenchmen made show to vnderstand nothing of the Articles and said that none of the Dutch diuines had treated with the Cardinall but Staphilus onely who presented him with a booke which hee had made in matter of residence and Canisius when hee went to see the Colledge of the Iesuites that the Diuines had not spoken to the Emperour but onely when going to see the Librarie they ouertooke him and the King his sonne who demanding what they thought concerning the grant of the Cup the Abbat of Claneual who was first of them answered that he thought it could not be granted then the Emperour turning to the King of the Romanes spake this verse of the Psalme in Latin Fourtie yeeres haue I endured this generation and haue alwayes found them to erre in their will But Loraine in visiting the Legates said nothing but that the Emperour was very well and zealously affected towards the Counsel desiring it might produce some fruit and that if occasion were he would assist in person and goe to Rome also to pray the Pope to haue compassion of Christendome and to suffer a reformation to be made which might not diminish his authority to which he bare exceeding great reuerence nor would haue any thing spoken of touching his Holinesse and the Court of Rome But to others in priuat he said that if the Councel had beene gouerned with that wisedome as was conuenient it would haue had a sudden and prosperous end that the Emperour was resolued that a good and a strong reformation should bee made which if the Pope would continue to crosse as hitherto he had done some great scandall would ensue that his Maiestie purposed to goe to Bolonia in case the Pope came thither with desseigne to receiue the crowne of the Empire and such other things It is not to bee doubted that the Cardinall spake of the affaires of the The points on which the Cardinall of Loraine treated with the Emperour Councel and informed the Emperour of the disorders and deliuered his opinion what remedies might be vsed to oppose the Court of Rome and the Italian Prelates of Trent to obtaine in Councel the communion of the Cup the mariage of Priests the vse of the vulgar tongue in holy matters the relaxation of other precepts of positiue law a reformation in the Head and the members and a meanes to make the Decrees of the Councel indispensable and how in case they were not able to obtaine they might haue a colourable occasion to iustifie their actions if of themselues they should make prouision for the necessities of their people by making a Nationall Councel assaying also to vnite the Germans with the French-men in matters of religion But this was not his negotiation onely For he treated a mariage also betweene the Queene of Scotland and the Arch duke Ferdinand the Emperours sonne and another betweene a daughter of his Maiestie and the Duke of Ferrara and to find a meanes to compose the differences of precedence betweene France and Spaine which things as domesticall doe touch Princes more neerely then the publique After the returne of Loraine the Congregations continuing Iames Alan a French Diuine entred likewise into the matter of dispensations and sayd that authority to dispence was immediately giuen to the Church by Christ and by it distributed to the Prelates as neede required according to times places and occasions Hee extrolled the authority of Generall Councels which represent the Church and diminished the Popes adding that it belongeth to the Generall councel to enlarge or restraine it The second of March the Cardinall of Mantua hauing beene sicke a few The Cardinal of Mantua dieth daies passed to another life which was cause of many mutations in Councel The Legates did presently send aduice hereof to the Pope and Seripando who remained prime Legate beside the common letter wrote in particular that he would be glad his Holinesse would send another Legate his superiour to gouerne the Councel or remooue him but in case hee would The three Legats remayning write to the Pope leaue him prime Legate he told him he would proceed as God should inspire him and that otherwise it were better to remoue him absolutely The Cardinall of Varmia wrote a part also that his Church had great neede of the presence of a Pastor and that the communion of the Cup was brought in and other notable abuses desiring leaue to goe thither to make prouision heerein and that generally in all Polonia there was neede of a person who might keepe the residue of the people in obedience saying he should doe the Apostolique Sea more seruice in those quarters then he could by remaining in the Councel But Simoneta desirous that the weight of the whole businesse should lie vpon his shoulders hoping to guide it with satisfaction of the Pope and his owne honour considering that Seripando was satiated with it and not inclined to gouerne it and that Varmiense was a simple man fit to beled he wrot to the Pope that the affaires of the Councel being not in a good state euery nouity would shake it much and therefore did thinke fit to continue without sending other Legates and promised a good issue In those dayes aduice came from Rome that a cause of the Bishop of Segouia which was to be proposed in the Rota was refused and that one of the Auditors told his Proctor that the Bishop was suspected of heresie This made a great stir not onely amongst the Spaniards but all the Oltramontanes also complaining that in Rome calumnies and infamies were raised against those who did not absolutely adhere to their wils The fourth of March the third ranke beganne to speake and for the fift Article all agreed that it was hereticall and to be condemned and so they did of the sixt Yet there was a difference because some
said that howsoeuer the Orientall Church and the Occidentall did differ in regard this did admit to Priesthood and holy Orders continent persons onely and that did admit maried men yet no Church did euer grant that Priests might marie and that this is so by Apostolicall tradition not by reason of vow or of any Ecclesiasticall constitution and therefore that absolutely they were to bee condemned for heretiques who say it is lawfull for Priests to marie though they restraine not themselues to the West nor make mention of vow or law of the Church And others said that no disp 〈…〉 could bee granted for Priests to marry for any cause whatsoeuer Some said that matrimonie was forbidde to two sorts of persons for two causes To secular Clerkes in regard of holy Orders by Ecclesiasticall law to regulars in regard of their solemne vow That the prohibition of mariage by constitution of the Church may bee taken away by the Pope or in case that remaine in force still the Pope may dispense with it They alleadged the examples of those who haue bene dispensed with and the vse of antiquitie that if a Priest did marry the mariage was good but the man was separated from the Ministery which hath continually beene obserued vntill the time of Innocenntius the 2. who first of all the Popes ordained that there should bee a nullity in the mariage But with those who are bound to continencie by solemne vow this beeing de iure diuino they said the Pope could not dispense They alleadged Innocentius the third who affirmed that the obseruation of chastity and the abdication of the proprietie of goods doth so cleaue to the bones of Munkes that the Pope cannot dispense therein Then they added the opinion of Saint Thomas and of other Doctors who affirme that the solemne vow is a consecration of the man to God and that because no man can make a thing consecrated to returne to humane vses no man likewise can make a Munke to returne to the power of marrying and that all Catholique Writers doe condemne Luther and his sectaries of heresie for saying that Munkship is an humane inuention and doe affirme that it is by Apostolicall tradition whereunto the opinion that the Pope may dispense is directly contrary Others did maintaine that the Pope might dispense euen with these also and marueiled at those who granting the dispensation of simple vowes did deny that of solemne as if it were not most cleare by the determination of Boniface the eigth that euery solemnity is de iure positiuo making vse also of the examples of things consecrated to prooue their opinion For as a thing consecrated remaining so cannot bee imployed in humane vses but yet the consecration may bee remooued and the thing made prophane whereby it may lawfully returne to a promiscuons vse so a man consecrated to Munkship remaining so cannot marry but the Munkship and consecration arising from the solemnity of the vow which is de iure positiuo being remoued hee may without any hinderance liue as others doe They brought places of Saint Austin by which it doth manifestly appeare that in his time some Munkes did marry And howsoeuer it was thought they offended in it yet the mariage was lawfull and Saint Austin reprehendeth those who did separate them They said moreouer it was necessary to dispense with Priests or to take away the precept of continencie And the Duke of Bauaria hauing sent to Rome to demaund of his Holinesse the Communion of the Cup requested also that married men might haue leaue to preach vnder which name all the Ecclesiasticall ministery was vnderstood exercised by Parish-Priests in the cure of soules Many reasons were alleadged to perswade the graunt which were resolued into two scandall giuen by incontinens Priests and want of continent persons sit to exercise the ministerie And the famous saying of Pope Pins the second was in the mouth of many that Priests were by the Occidentall Church forbid to marry for good reason but there was stronger reason to restore mariage to them againe Those of the contrary opinion said that it is not the part of a wise Physician to cure one disease by causing a greater that if Priests are in continent and ignorant yet the Priest-hood is not to bee prostituted to 〈…〉 d 〈◊〉 And here many Popes were alleadged who did not permit it because they said it was impossible to attend to the flesh and to the spirit and that 〈◊〉 〈◊〉 was a carnall estate that the true remedie was to make prouision of continent and learned persons by education by diligence by rewards and punishments and in the meane time not to ordaine any but mâ—n of an approoued life and for doctrine to cause Homilies and Catechismes to bee printed in the Dutch and French tongues composed by learned and religios men to bee read to the people out of the booke by the 〈…〉 learned Priests by which meanes the Parish Priests though vnsufficient might satisfie the people The Legates were blamed for suffering this Article to be disputed as being dangerous because it is plaine that married Priests will turne their affections The principal reason why Priests are forbid to marry and loue to their wiues and children and by consequence to their house and Country so that the strict dependance which the Cleargie hath on the Apostolike Sea would cease and to grant mariage to Priests would destroy the Ecclesiasticall Hierarchie and make the Pope to bee Bishop of Rome onely But the Legats excused themselues that to please the Bishop of Fiue Churches who had made this request in the name of the Duke of Bauaria and of the Emperor also to make the Imperialists not to be so earnest in the matter of reformation which was of more importance they were forced to yeeld to this disputation The French-men perceiuing it was the more common opinion that the mariage of Priests might bee dispensed with consulted together whether it were fit to demaund a dispensation for the Cardinall of Borbon as Loraine and the Ambassadours had commission Loraine was of opinion that it was not fit saying that without doubt the Councell would hardly be perswaded that the cause was reasonable and vrgent in regard it was not necessary he should haue posterity the King being young there being two Brothers and other Princes of the blood Catholikes and for gouerning during the minoritie of the King hee might doe it remaining in the Cleargie that in regard of the differences betweene the French and Italians about reformation and the authoritie of the Pope and Bishops their opposities would diligently oppose this demaund that it was better to go to the Pope or expect a better occasion and that it was sufficient for that time to prouide that no doctrine should be established in preiudice of it Some thought that Loraine did not like in his priuate opinion that Borbon should marry in regard it might cause an emulation or diminution of his house
but others did not thinke it probable First because by this meanes all hope was taken from â—onde whom he â—â—istâ—â—sted much more yea that hee did much desire that Borbon should returne to the secular state that himselfe might be the prime 〈…〉 France and that if a Patriarke were made as hee much desired hee might vndoubtedly be the man which could not bee if Borbon did still remaine in the Cleargie The Pope hauing receiued aduice of the death of Mantua and consulted with his inward friends thought it necessary to send other Legats who being new not intangled with promises and treaties might follow his instructions with more ease And therefore the seuenth of March the second Sunday in Lent not intimating a Congregation as hee was wont but the Two new Legates are created Cardinals being assembled in the Chamber where they put on their robes to goe to the Chappell according to the vse hee stayed and excluding the Courtiers caused the doores to bee shut and created Legats the Cardinals Iohn Morone and Bernardus Nauaggerus that by the perswasions of Princes or Cardinals he might not bee forced to name others that pleased him not The Pope thought to doe it secretly but it came to the eares of the French-men and the Cardinall of Bordissiera spake to the Pope before hee went out of the Chamber and told him many reasons that in case hee would create new Legats hee could not commit the charge to a more worthy person then the Cardinall of Loraine But the Pope being resolute and displeased that the matter was not so secretly carried answered freely that the Cardinall of Loraine came to the Councell as Head of one of the pretendent parties and that he would depute those who were Neutrals and without interests The Cardinall being about to reply the Pope made haste away and went downe out of the Chamber so fast that there was not time to make answere The Congregation being ended the Pope let the Cardinals goe to the Chappell and himselfe returned to the Chamber because hee would not bee in ceremonie when he was so much vexed with the words of that Cardinall The ninth of March newes came to Trent that the Duke of Guise brother The Duke of Guise is slains vnder Orlience to the Cardinal of Loraine as he returned from the trenches vnder Orlience was shot by Iohn Poltrot a priuat Gentleman of the reformed religion and sixe dayes after died to the great discontent of all the Court and that after he was wounded he exhorted the Queene to make peace and said openly that he was an enemie to the kingdome who was against it The Homicide being interrogated of his complices named Coligni the Admirall and Theodore Beza and afterwards excused Beza but perseuered in accusing the other Yet hee wauered so that one could not tell what to beleeue The Cardinall aduertised hereof prouided a greater guard then formerly hee had and being exceedingly grieued for the death of his brother who was so deare vnto him first of all hee wrote a consolatorie Letter to Antoniette de The Card. of Loraine writeth to his mother Borbon their common mother full of exquisite conceits to bee compared or rather as his friends said to bee preferred to those of Seneca in the end whereof hee said hee was resolued to goe to his Church of Reims and to spend the residue of his life in preaching the word of GOD instructing the people bringing vp his brothers children in Christian pietie and neuer to cease performing of these offices but when the Kingdome for some publike affaires had need of his paines The Letter was no sooner parted from Trent but the Citie was full of copies of it rather importunely offered by his friends then requested so hard it is for the affection of selfe loue to bee quiet though in the occasion of greatest sorrow After this the Cardinall thinking of the change of things by this variation altered all his desseignes And this caused a change also in the affaires of the Councell For hee being the man which the Emperour and Queene of France had vntill then wholly employed they were forced for want of so fit a minister to bee more remisse in their purposes and to proceed more slowly But it happeneth in humane affaires as it doeth in fortunes at Sea where the windes being ceased the waues doe tumultuate for some houres after So the great weight of the affaires of the Councell could not easily be appeased in regard of their former impetuous motion But it is certaine that the death of that Duke The death of the Duke caused a great alteration in the Councell was a great beginning of the quiet which succeeded some moneths after especially after the death of the other brother great Prior of France and the peace made with the Hugonots and the instances of the Queene to the Cardinall to make his peace with the Pope and returne into France of which things wee will speake in due place Hereby the Cardinall saw that the affaires as they stood would not bee profitable neither for himselfe nor his friends The death of Guise was lamented both in Trent and Rome because euery one thought hee was the onely maintainer of the Catholique partie in the kingdome of France neither did it appeare what other person could succeed in supporting that weight the rather because euery one was daunted by the example of his death The French Prelats in the Councell were troubled in minde because they vnderstood that an accord was treated with the Hugonots who pretended amongst other things that the third part of the Ecclesiasticall reuenues should bee employed for maintenance of the reformed Ministers In this varietie of businesses and perplexitie of mindes Fiue-Churches returned to Trent and with the other Ambassadours of the Emperour had audience with the Legats and presented to them the Emperours letter which The Emperours letters to the Legats and the Pope hee brought and the copy of another written by his Maiestie to the Pope They all made request for the reformation but in generall termes onely and very remissely The Emperours letter to the Legats did signifie his desire to see some fruitfull proceeding of the Councell for which it was necessary to remooue some impediments whereof hauing written to the Pope he prayed them to labour in Councell and to vse perswasions to his Holinesse that the future progresse might be for the seruice of GOD and benefite of Christendome In his letter to the Pope hee said that hauing dispatched great businesses with the Electors and other Princes and States of Germanie nothing was more precious vnto him being Aduocate of the Church then to promote the affaires of the Councell that hee was come to Ispruc for that cause where to his griefe he vnderstood that matters did not proceed as he hoped and as the publike tranquillitie did require that hee feared if better order wer not taken the Councell would end with scandall of
the world and laughter of those who had forsaken the obedience of the Church of Rome who would bee incited to retaine their opinions with greater obstinacie there had beene no Session held of a long time that while Princes did labour to vnite the aduersaries differing in opinions the Fathers came to contentions vnworthy of them that there was a fame that his Holinesse meant to dissolue or suspend the Councell perhaps mooued thereunto by the present state thereof but that his opinion was to the contrary For it had beene better it had neuer beene begun then left vnperfect with the scandall of the world contempt of his Holinesse and of the whole Clergie preiudice of this and other future generall Councels losse of that small remainder of Catholiques and opinion of the world that the end of the dissolution or suspension was onely to hinder the reformation that in the intimation of it his Holinesse did desire his consent and of other Kings and Princes which he did in imitation of his predecessors who alwayes haue thought it necessary for many respects that the same reason doth conclude that it cannot be dissolued or suspended without the same consent And he exborted him not to hearken to those who would haue him to dissolue it a thing shamefull and vnprofitable which vndoubtedly would be a cause of Nationall Councels so much abhorred by his Hol. as contrary to the vnity of the Church which as they haue been hindred by Princes to preserue the Popes authoritie so they cannot be denyed or deferred any more Hee perswaded him to maintaine the libertie of the Councell which was impeached principally by three causes One because euery thing was first consulted of at Rome another because the Legats had assumed to themselues onely the libertie of proposing which ought to be common to all the third because of the practises which some Prelats interested in the greatnesse of the Court of Rome did make He said that a reformation of the Church being necessary and the common opinion being that the abuses haue their beginning and growth in Rome it was fit for common satisfaction that the reformation should bee made in Councell and not in that Cittie And therefore desired his Holinesse to be content that the demands exhibited by his Ambassadours and by other Princes might be proposed In the conclusion he told him hee purposed to assist in Councell personally and exhorted his Holinesse to doe the like This letter was dispatched the third of March and it gaue much offence With which his Holinesse is offended to the Pope For hee thought that the Emperour did embrace much more then his authoritie did reach vnto and passed the termes of his Predecessors men more potent then himselfe But he was displeased more when hee was aduised by his Nuncio that hee had sent copies of the same Letter to other Princes and to the Cardinall of Loraine also which could bee done to no other end but to incite them against him and to iustifie his owne actions Besides Doctor Scheld great Chancellor to the Emperour perswaded Delphinus the Popes Nuncio in that Court that he would be a meanes that the words Vniuersalem Ecclesiam might bee taken away which did inferre the superioritie of the Pope aboue the Councell saying that these times did not comport they should be vsed and that the Emperour and himselfe also did know that Charles the fift of happy memory did hold the contrary opinion in this article and that they should take heed of giuing occasion to his Maiestie and other Princes to declare what they thinke 〈◊〉 The Pope considered that Loraine also had written that it was not 〈◊〉 to 〈◊〉 the difficultie of the words Vniuersalem Ecclesiam c and the aduice which came from Trent that the Cardinall said that neither himselfe nor the French Prelats could endure them that they might not â—anâ—nize an opinion contrary to all 〈…〉 ance which when men came to speake plainly in the discussion of this point would haue more fauorers then was beleeued that they were deceiued who thought she contrary which shewed clearely that hee had treated hereof at the Emperours Court These things considered the Pope thought fit to make a good answere and to send about also to iustifie himselfe Therefore hee wrote to the Emperour that hee had called the Councell with the participation of him and of other Kings and Princes not because And answereth the letter thus the Apostolike Sea had need in gouerning the Church to expect the consent of any authority whatsoeuer because hee had pleniâ—ude of power from CHRIST that all the ancient Councels haue beene assembled by authority of the Bishop of Rome nor any Prince euer interposed but as a meere executor of his will hee had neuer had any purpose either to dissolue or to suspend the Councell but hath alwayes purposed to giue a compleat end for the seruice of GOD that by consulting Rome of the same matters which were disputed in Trent the libertie of the Councel was not only not hindred but promoted rather that no Councell was euer celebrated in absence of the Pope but that hee hath sent instructions which the Fathers haue also followed that the instructions doe still remaine which Pope Celestinus sent the Ephâ—sine Councell Pope Leo to that of Chalcedon Pope Agatho to than of Trullus Pope Adrian the first to the second of Nice Pope Adrian the second to the eighth generall Councell of Constantinople that for proposing in the Councell it hath alwayes belonged to the Pope whensoeuer he hath bin present yea he alone hath resolued and the Councell done nothing but approoue that in absence of the Pope the Legats haue euer proposed or others deputed by them in conformitie whereof the Councell of Trent hath determined that the Legates should propose that this is necessary for the keeping of order in regard there would be a great confusion if the Prelats 〈…〉 iltuously and one against another might set on foote matters seditious and in conuenient that the Legaes haue neuer refused to propose any thing that is profitable that the practises made by dideâ—s against the authoritie of the Apostolike Sea hath much displeased him that all the bookes of the Fathers and Councels are full that the Pope successour of Peter and Vicar of CHRIST is Rastor of the vniuersall Church that many conuenticles and 〈◊〉 haue beene made in Trent against this trueth how soeuer the Church hath alwayes vsed this forme of speech as his Maiestie might feel 〈◊〉 the place which he sent him cited in a paper inclosed 〈…〉 present A paper full of quotations 〈◊〉 haue 〈◊〉 because his Legates vsing 〈…〉 bad 〈◊〉 〈…〉 g take occasion to speake against the libert of the Councell had 〈…〉 to bee contemned so that the Councell might be◠〈…〉 that for reformation hee de 〈…〉 it should 〈…〉 and absolute and hath continually solliâ—â—ted his Legates to resolue vpon 〈◊〉 concerning the Court the
who could determine of him selfe and was of a more gentle and sweete disposition farre from any cunning and not intangled with warre whereas in France the King being a child many that were partakers in the gouernment vsing many artifices and hauing diuers interests it would be very hard to doe any good Where-vpon he resolued that Cardinall Morone before he entred into the affayres of the Councell should goe to the Emperour for this end And remembring what Loraine The Pope resolueth to send Cardinal Morone to the Emperour said in Trent that the Emperour would goe to Bolonia to receiue the Crowne he resolued to try whether he could induce that Cardinall to bee a mediatour herein and so to translate the Councell to that Citie He gaue order to the Bishop of Vintimiglia to insinuate with him and to perswade And hath a plot vpon the Cardinall of Loraine him to it and to giue him a meanes of entrance he caused Boromeo to giue him commission to condole with him for the death of his brother the great Prior. But before this order came the Cardinall was gone for Padua The Bishop therefore conferring with Simoneta concluded that the importance of the matter did not admit any losse of time nor could bee negotiated but in presence Wherefore he resolued to follow him pretending to see a Nephew of his who was very sicke in Padua Being come thither hee visited the Cardinall presented the letters of Boromeo and condoled with him making no shew of any other businesse Talking together the Cardinall demaunded what newes there was in Trent since his departure and whether Cardinall Morone would goe to the Emperour as was reported After many discourses on both sides the Bishop began to put him in minde that his Excellencie had formerly told him in Trent that in case the Pope would go to Bolonia the Emperour would goe thither also and would make it an occasion to receiue the Crowne which would turne to the great aduantage of his Holinesse to maintaine the possession of coronation which Germanie did oppugne The Cardinall affirming this againe the B. added that hee had then sent aduise therof to Rome and now had receiued an answer by which he did conclude that a very faire occasion was presented to his Excellencie of doing much good to the Church of GOD by labouring to bring so profitable a disseigne to effect For in case he could perswade his Maiestie to go to Bolonia calling also the Councell thither he might assure himselfe that his Holinesse would resolue to be there likewise and that by the assistance of them both the affaires of the Synod would haue a quicke dispatch and a happy successe The Cardinall desired to see what was written to him and the Bishop making demonstration to proceede freely with him shewed him the letters of Cardinall Boromeo and a writing of Ptolemeus Gallus the Popes Secretarie The Cardinall hauing read all answered that at his returne to Trent bot should better vnderstand the Emperors mind and what answere the Pope had sent to his Maiestie whereby hee might resolue better and would not faile to bestow his paines if there were occasion The Bishop replying that he might plainely vnderstand the Popes mind by the letters which he shewed him and that there was no cause to expect better information the Cardinall entred into other discourses neither could the Bishop though he often returned to the same matter draw any other answere from him Hee sayd indeed that the Emperour had spoken of his going to Bolonia because the Pope had told him of his purpose to make the reformation but seeing that it is now plaine by long experience that howsoeuer his Holinesse promiseth many things yet nothing is executed in Councell his Maiestie and other Princes do beleeue that hee hath no true meaning of performance and that otherwise the Legates would not haue failed to haue executed his will Hee sayd the Emperour was not satisfied for that the Pope hauing in Ianuary shewed a purpose to go to Bolonia was cooled on the sudden and that when his Maiestie told him of of his desire to assist personally in Councel his Holinesse laboured much to diswade him vsing his wonted varietie of speeches He said also that the Emperour would not resolue to goe into Bolonia lest he should displease the Princes who might doubt that when he was there his Holinesse would gouerne all after his owne manner conclude the Synode as he listed without making any reformation He said he had receiued aduise of the instance made by Don Lewis d' Auila in the name of the Catholique King and was glad to heare it And speaking at large of the particulars hee added that it was necessarie it should bee performed euen from Alpha to Omega and that it was fit to remooue from the Councell fiftie Bishops at the least who doe alwayes oppose all good resolutions Hee sayd that formerly he thought there were more abuses in France then else where but now he knew that there were enough in Italy also For the Churches are in the hands of Cardinals who ayming at profit onely doe wholly abandon them and leaue the cure to a poore Priest by which meanes the Churches are ruined and Simonies and an infinitie of other disorders committed For remedie whereof the Princes and their ministers did proceed moderately hoping that at the last the desired reformation would be made That himselfe also had proceeded with respect but now seeing that it was time to labour in earnest for the seruice of GOD hee would burthen his conscience no more but in the first voyce hee should giue was resolued to speake hereof That his familie had suffered as euery one knoweth the losse of two brothers that himselfe would spend his blood in the same cause though not in Armes as they did that his Holinesse ought not to hearken to those who would diuert him from so pious an intention but to resolue to obtaine a reward at the hands of GOD by the merit of remouing the abuses of the Church Hee sayd also that when the new Legates came who no doubt would be well informed of the Popes minde it would hee knowne what his purpose was concerning the reformation in regard they could haue no cause to delay it if they meant to make it at all And howsoeuer the Bishop did often assay to bring him backe to speake of the iourney to Bolonia yet hee alwayes turned the discourse another way Vintimiglia sent aduice of all to Rome and gaue his censure I that howso euer the Car 〈…〉 had heere to fore made mention of this iourney his mind was contrarie and spake it only in cunning to discouer the intention of his holinesse and of the County and that he was glad he had found his purpose For if he had promised to labour herein he might haue prolonged the businesse and caused diuers preiudiciall inconueniences to arise Aduise came to Rome that the French King had
the Pope for maintenance of his Court yet hee could not commend that payment as well for the maner as the quantitie because it would be enough if the twentieth part were payd whereas this is perhaps more then the tenth and for the manner that no man ought to bee forced to pay them but after the yeere was ended And seeing that the Court of Rome must bee maintained by the contributions of all Churches it is iust that they should receiue some profit thence whereas many and almost all the abuses of Christendome doe arise by meanes of the Officers thereof of which the Synod ought to aduertise his Holinesse that 〈◊〉 might make proâ—uision therein Hee descented to speake in particular of the ordinaâ—â— of Priests made at Rome saying that the Canons and decrees are not obserued in them and that it would be necessary to decree that in case the Priests ordained in Rome were not sufficient the Bishops notwithstanding the ordination might suspend them and that the suspended might not by way of appellation or other recourse hinder the determination of the Prelate The last that spake in that Congregation was the Bishop of Osmo who said that as the abuses of Order are collected so it were good to handle penances and Indulgences also because all those three matters are of affinity and goe hand in hand In another Congregation the Bishop of Guadice spake very long and amongst other things made as it were an inuectiue against the ordination The Bishop of Guadice speaketh against titular Bishops of titular Bishops vpon occasion of speaking on the fourth Article of the abuses in which he said that to redresse the great scandals which doe arise by meanes of such Bishops there should be no more created without vrgent necessitie and in that case before they were ordained the Pope should make prouision that they might liue according to the dignitie of a Bishop He said that to the dignitie of a Bishop is annexed the hauing of a place and a Diocesse and the Bishop and Church are relatiues as man and wife of which one cannot be without the other and therefore it did imply a contradiction to say that titular Bishops were lawfull He said their ordination was an inuention of the Court and vsed these words Figmenta humana that there is no mention of them in antiquitie that if any Bishop were depriued or did renounce he was not held to be a Bishop as he is not an husband who wanteth a wife that the old Canonists do write that there is a nullity in the ordinations made by him who hath renounced his Bishoprick that the Simonies and indecences which do arise by meanes of these Bishops and the other corruptions of discipline are nothing in comparison of this abuse of giuing the name of Bishops to those who are not and to alter the institution of CHRIST and the Apostles Simon de Negri Bishop of Sarzaua entring into the same matter sayd Who are defended by the Bishop of Sarzana that in a Bishop are to bee considered Order and Iurisdiction in respect of Order he hath nothing but that he is minister of the Sacraments of Order and Confirmation and by Ecclesiasticall constitution hath authoritie of many consecrations and benedictions which are forbid to simple Priests But in respect of iurisdiction hee hath authoritie of gouernment in the Church whereas titular Bishops haue the power of Order onely without in risdiction and therefore it is not necessary they should haue a Church And if a Bishop was not consecrated in former times except hee had a Church giuen him this was because no Deacons or Priests were consecrmed without a â—itle Afterwards it appearing that more seruice was done to God and to the greatnesse of the Church hauing Priests without title the same ought to bee concluded of Bishops yet so as that to auoyd abuses it was conuenient not to ordaine any without giuing them where on to liue that they may not be forced to indignities but otherwise it is necessary they should bee created to supply the places of vnable Bishops or of those who haue a lawfull cause to bee absent from their Churches or of great Pâ—elates imployed in greater affaires and therefore he did approue the Article as it was vnfolded The Bishop of Lugo discoursed of Dispensations saying that there were many matters concerning which if the Synod would make decrees declaring them to be indispensable it would bee a great seruice to God and benefit to the Church Which hee did not say because the Synod might giue a Law to his Holinesse but because they are things in which dispensations of Popes cannot be admitted and if in a rare case in a whole age a reasonable cause to dispense might happen once yet the dispensation would not be iust Of Dispensations in that case neither For it is conuenient that a priuate person should support some grieuance when there is a great publike benefit as also where many cases deseruing dispensations may occurre to take away occasions of obtaining surreptions supplications and graces it is better to bee auaritious then liberall One of the difficulties of the Councell which was about Bishop Tilefius the Secretary in regard of whom frequent instance was made that the Actes of the Councell might be written by two did cease of itselfe For he not able to support the paine of the stone any longer resolued to bee cut After he was retired that charge was giuen to the Bishop of Campania whose first action was in the Congregation of the seuenth of â—une to reade the answer The answere to Birague which the Legats had made to giue to the President Birague which being long and proposed on the sudden not assisted in voice by any of the Legats and very ambiguous with words which might be drawen to the commendation or the dispraise of the accord made by the King was not vnderstood by all in the same sence whereupon there were diuers opinions amongst the Prelats The Cardinall of Loraine first spake at large of it and was not vnderstood whether hee did approoue it or not The Cardinall of Varmia vrged to it by Morone desired him after hee had made an end to declare plainely what he thought and he answered that it did not please him to the great distaste of Morone who had shewed it to him before and he seemed to be content Madruccio who followed referred himselfe to the Fathers of the others some did approue it and some not The French Prelats complained that against the orders obserued in the Synod in like occasions the answer was deferred and disputed The Bishop Ambassadour of the Duke of Sauoy when it was his turne to speake said that the matter ought to bee referred absolutely to the Legats and the two Cardinals When all the voices were deliuered the Archbishop of Lanciano stood vp and said that howsoeuer hee had concluded otherwise in his suffrage yet hauing heard the Ambassadour he was of
howsoeuer Morone said it was superfluous and that nothing was to be done but to delay the answere without troubling his Holinesse In the negotiation of Princes especially those which doe not touch the substance of their State it happeneth that howsoeuer they do change opinion by the change of occurrences yet by the perswasions made before the change things contrary to their new will do fall out And so it was that the perswasions made by the Queene mother to the King of Spaine before she resolued to giue totall satisfaction to the Pope concerning the Councell did produce the effect of that Letter of the King Therefore Morone who did penetrate the bottome did not hold that esteeme of it as some thought The fifteenth of â—une Morone proposed in Congregation that the fifteenth of Iuly might bee appointed for the determinate day of the Session Segouia and some few others said they saw not how the difficulties which were vpon their hands could be resolued in so short a time of Hierarchie of Order of the institution of Bishops of the preheminence of the Pope and of Residence and that it was better to decide the difficulties first and afterwards to appoint a short terme for the day of the Session then to appoynt it now and afterwards to prolong it with indignitie But the contradictors being but few the proposition was established as it were without difficultie The next day Laynez Generall of the Iesuites in giuing his suffrage bent all his forces The suffrage of Laynez to answere whatsoeuer had beene said by others not conformable to the dectrine of the Court with so great affection as if his saluation had beene in question In the matter of dispensations he was exceeding copious saying it was spoken without reason that there is no other power of dispensing but interpretatiue and declaratiue for so the authoritie of a good Doctor would bee greater then of a great Prelate and that to lay the Pope cannot by dispensation disoblige him who is obliged before God is nothing but to teach men to preferre their owne conscience before the authority of the Church which conscience because it may bee erronious as it is for the most part to referre men to that is nothing but to cast euery Christian into a bottom lesse pit of dangers that as it cannot be denied that CHRIST had power to dispence in euery law nor that the Pope is his Vicar nor that there is the same tribunall and consistory of the Principall and the Vice-gerent so it must bee confessed that the Pope hath the same authority that this is the priuiledge of the Church of Rome and that euery one ought to take heede in regard it is heresie to take away the priuiledges of the Church because it is nothing but to denie the authority which CHRIST hath giuen it Then hee spake of reforming the Court and said that it is superiour to all particular Churches yea to many ioyned together and if it doeth belong to the Court of Rome to reforme each Church which doeth appertaine to euery Bishop in Councel and none of them can reforme the Roman because the scholar is not aboue his master nor the seruant aboue his Lord it followeth by necessary consequence that the Councell hath none authority to meddle in that businesse that many did call those things abuses which if they were examined and sounded to the bottome would be found to be either necessary or profitable that some would make the Sea of Rome as it was in the time of the Apostles and of the Primitiue Church without distingushing the times not knowing what doth belong to those and what to these that it is a plaine case that by the prouidence and goodnesse of GOD the Church is made rich and that nothing is more impertinent then to say that God hath giuen riches and not the vse For Annates hee sayd that it is de iure diuino that Tythes and first Fruites should bee payd to the Cleargie as the Iewes did to the Leuâ—â—es and as the Leuites payd the Tenthes to the high Priest so ought the Ecclesiasticall order to the Pope the rents of Benefices being the Tythes and the Annates the Tythes of the Tythes This discourse displeased many and particularly the French-men and there were Prelates who noted some things which they meant to answere if occasion serued when their turne was to speake The Spaniards and French-men thought that that Father spake thus by Fauours done vnto him order or by consent of the Legates alleadging for an Argument the many fauours which were done vnto him vpon all occasions and especially because whereas other Generals were wont to stand on their feete and in their place when they gaue their voyce Laynez was called into the middle and made to sit downe and many times a congregation was made for him onely to giue him commoditie to speake what hee would and howsoeuer none was euer halfe so prolike as hee yet he was praysed and those against whom hee spake could neuer bee so briefe but they were reprehended for being too long But Laynez knowing what offence the French-men did pretend His excuse to haue receiued sent his companions Torre and Cauillone to make an excuse to Loraine saying that his redargutions were not meant of his Excellencie or any of the French Prelates but of the Diuines of the Sarbone whose opinions are not conformeable to the Doctrine of the Church This beeing related to the Cardinall in a Congregation of Giueth distast to the French-men French-men held in his house the excuse did much distast the Prelates some saying it was petulant and others scornefull and those few Diuines which remained were sensible of it so that Hugonias himselfe whom they had bought did thinke it vnsufferable Verdun thought hee was touched in particular and obliged to reply and prayed the Cardinall to giue him leaue and occasion Hee promised to speake modestly and to shew that the doctrine of the Sorbone was orthodoxe and that of the Iesuite new and neuer heard of in the Church before that is that the key of authoritie is giuen by CHRIST without the key of knowledge that the holy Ghost giuen for the gouernement of the Church is called by the holy Scripture the spirit of trueth and the operation thereof in the gouernours of the Church and Ministers of CHRIST is to leade them into all trueth that for this cause CHRIST hath made his Ministers partakers of his authority because hee hath withall imparted to them the light of doctrine that Saint Paul to Timothie writing that hee is constituted an Apostle doeth expound it thus that is a Doctor of the Gentiles who in two places prescribing the conditions of a Bishop saith he must bee a Doctour that obseruing the vse of the primitiue Church it will appeare that the faithfull did goe to Bishops for dispensations and declarations because those onely were assumed to that charge who were most of all
instructed in Christian doctrine that to omit antiquitie the Schoole-men and greater part of the Canonists haue constantly said that the dispensations of Prelates are good Claue non errante and not otherwise Hugonius also did offer to prooue that assertion that there is the same tribunall of CHRIST and of the Pope to bee impious and scandalous making mortalitie equall to immortalitie and corruptible iudgement of man to the incorruptible iudgement of GOD and that it did proceede from ignorance that the Pope is that seruant which is set ouer the familie of CHRIST not to performe the office of the Master of the familie but onely to distribute to euery one not arbitrarily but that which is ordained by the Master that he was amazed that Christian cares could endure to heare that the whole power of CHRIST is imparted to any They all spake some censuring one some another of the Iesuites assertion But the Cardinall told them that it would be no small matter if they could obtaine that in the publike Decrees of the Councell way might not bee giuen to that doctrine at which it was conuenient that all should ayme to which end they should more easily come if the matter were passed ouer in silence and suffered to dye in obliuion which by contradiction might doe some preiudice to the trueth They were pacified yet not so but that in their priuate meetings they spake of it very much But the Legates did so accommodate the two Articles of the Institution of Bishops and of Residence with generall tearmes that they The Decrees of the Institution and of Residence gaue satisfaction to both parties and to Loraine also But hauing consulted on them with the Popish Diuines and some Canonists Prelates these sayd that they did admitte an interpretation preiudiciall to the authority of the Apostolique Sea and the vses of the Court The Bishop of Nicastro who had often contended in this matter in fauour of Rome sayd plainely that by that forme of speach it was inferred that all iurisdiction of Bishops did not proceede from the Pope but a part of it immediatly from CHRIST which was by no meanes to bee endured Other Papalins maintained the same and made a bad interpretation of all if it were not plainely sayd that Bishops haue all iurisdiction from the Pope Therefore the Legates sent the Articles thus reformed to the Pope not so much that they might bee examined in Rome as because in a matter of so great importance they would propose nothing without the Popes knowledge The Cardinals deputed for these affaires hauing seene and examined them did iudge that the forme was sufficient to make all Bishops in their Diocesses equall to the Popes And the Pope reprehended the Legates for sending them because hee knew that the maior part in the Councell were good Catholikes and deuoted to the Church of Rome and in confidence hereof was content that the propositions and resolutions should bee determined in Trent without his knowledge Notwithstanding hee thought he ought not to consent to any preiudiciall thing for feare of giuing bad example to them and beeing a cause that they also should assent vnto it against their conscience At this time they had another very hard negotiation also For the King A difficultie whether the King of the Romanes ought to promise obedience to the Pope of the Romanes being to send Ambassadours to giue him an account of his election would not doe as other Emperours and Kings had done who hauing no cause to make difficultie did promise and sweare whatsoeuer the Popes would haue them But hee hauing respect not to offend the Princes and Protestants of Germanie would first know what words must bee vsed The consultation hereof being committed in the Cardinals they resolued that hee must demaund confirmation of the election and sweare obedience according to the example of all other Emperours Whereunto he answered that they were deceiued and that hee would consent to nothing which might preiudice his successors as the actions of his predecessors were alleadged against himselfe and that it was to confesse he was Vassall And he proposed that his Ambassadour should vse these wordes that his Maiestie will performe all reuerence deuotion and duty to his Holinesse and the Apostolique Sea with promise not onely to preserue but to enlarge as much as hee can the holy Catholique faith This negotiation continued this whole yeere without agreement and finally in Rome they thought they had found a temper for it proposing that hee should sweare obedience not as Emperour but as King of Hungarie and Bohemia because it could not bee denyed they sayd that King Steuen did giue the kingdome to the Apostolique Sea in the yeere of our LORD 1000 acknowledging to receiue it from the sayd Sea and making himselfe vassall and that Vladâ—slaus Duke of Bohemia did receiue from Alexander the second power to weare a miter binding himselfe to pay an hundred markes of siluer euery yeere These things being considered of in Germanie because there was no proofe of them but the bare affirmation of Gregorie the seuenth were derided and answere was made that they desired more fresh examples and more certaine and more lawfull titles Messengers went to and fro with diuers propositions answeres and replyes of which we will now relate the issue that wee may returne no more to them Which was that twenty moneths after Count Elfestain Ambassadour of that King arriued in Rome with whom the same treaties were renewed to demaund confirmation and sweare obedience Hee answered that the Oration which he was to recite punctually was in writing and that hee had commission not to alter one iote The Pope therefore proposed the businesse to the Cardinals in a generall Congregation who after long consultation concluded that howsoeuer the confirmation were not demaunded nor obedience promised yet in the answere to the Ambassadour it should bee sayd that his Holinesse did confirme the election supplying all defects thereof de facto de iure and did receiue the Kings obedience without saying it was demanded or not demanded promised or not promised This ceremony gaue but small content to the Pope and lesse to the Colledge of Cardinals But to returne to the time whereof I write the Pope was to answere the frequent instances made vnto him by the Ambassadours resident in Rome and by the Count of Luna in Trent for abrogation of the Decree of Propouentibus Legatis And beeing satiated with this trouble hee wrote to the Legates that the suspension of it should bee proposed in Congregation But Morone answered the Ambassadours who vrged the Popes order that rather then hee would condescend vnto it hee desired that his Holinesse would remooue him This answere being giuen without participation of the other Legates and many other things resolued by him alone Morone is thought to take too much vpon 〈◊〉 by the other Legates put them in a iealousie that hee tooke too much vpon him saying that
ordination The Archbishop of Otranto and other Popish Prelates suspected that by such generall words signifying that all holy Orders without making difference are by ordination of CHRIST 〈◊〉 〈…〉 ght be inâ—â—redthat Bishops are equal to the Pope But the Popish Diuines and Canon 〈…〉 did perswade them not to make difficultie because it was manifest by the Canons precedent and subsequent that nothing was spoken of 〈◊〉 Order in which the Pope doth not exceed the Bishops and 〈◊〉 mention made of 〈◊〉 〈◊〉 The same men suspected also the Proheme of the Article of residence where it was said that those who haue cure of soules are bound by Gods commaund to knowe their sheepe c inferring that it was in some sort declared that Residence was by the commandement of God But the greater part of the Papalines were of the contrary opinion saying that all those particulars which are said to bee commanded by God to him who hath charge of soules may be obserued in absence though not so well as in presence and that the wordes following doe prouide against all preludice to his Beatitude They said moreouer that it hauing bin composed by the Cardinal of Maâ—tuâ— and often consulted on this doubt was neuer made and that at Rome likewise they did not thinke it preiudiciall But Otranto and his followers could not possibly bee remoued from their opinion Some of the Spaniards were very earnest for the declaration that the Institution of Bishops and Residence are de iure diuino but were forced to desist because the maior part of their Colleagues were disswadâ—d by Loraine who vsed tearmes of conscience saying it was not good nor acceptable to GOD when the good desired could not bee effected to cause euill by a superfluous and vaine instance that it was sufficient to hinder the preiudice which some thought to haue done the truth by establishing contrary opinions and that if all could not bee now obtained which was desired some thing might bee hoped for hereafter by the assistance of GOD. But Granuta Segouia and some others could not bee remooued by any meanes and on the other side it was not possible to make quiet the Patrâ—arke of Ierusalem or the Archbishop of Otranto and their adherents who resolued to crosse all that was proposed as not seruing to remoue the differences but onely to couer them beeing assured that in the progresse they would returne with greater force and thinking it better in case they must needes breake to doe it before the Session then after Neither were the Legates able to perswade them Notwithstanding these two contradictions matters were established with the other principall Prelates and the ninth of Iuly the generall Congregations began in which all that belongeth to the doctrine and Canones of Order being first read the Cardinall of Loraine gaue an example of speaking briefly and making no difficultie and was imitated by others vntill it came to Granata to speake who said it was an indignitie that the Fathers The Spanish Prelats are constant in their opinion coÌ„cerning the Institution of Bishops should bee thus derided handling the foundation of the Institution of Bishops so long and now omitting it requiring the declaration de iure diuino and wondring why a point so true and infallible should not bee declared He added that all bookes which say the contrary ought to bee condemned as hereticall Segouia adhered to him and said it was an expresse trueth which could not bee denied and that it ought to bee declared to condemne the heretiques who defend the contrary Guadiâ—e Aliffe Morte Maraâ—â—o and some other Spanish Prelates followed some of which said that their opinion was as true as the precepts of the decalogue The Bishop of Conimbri 〈…〉 did complaine publiquely that the trueth was circumuonted by craft that is by ordaining titular Bishops For this did shew that 〈…〉 diction was not essentiall to a Bishopricke nor receiued immediatly from CHRIST And hee required a declaration to the contrarie repeating the conceipt often vsed that a Church and faithfull subiects were as essentiall to a Bishop as a wife to an husband The Decree of Residence being proposed afterwards Loraine did approoue it with the same breuitie onely hee aduised that where the causes of absence are expressed amongst which is vtility of the Church vtility of the Common-wealth should bee added also to remooue all impediment which that Decree might bring to the admission of Prelates to offices and publique Councels wherein he had a generall applause Madruccio who followed spake in the same manner The Patriarke of Ierusalem and the Archbishops Verallo and Otranto refused to deliuer their opinions concerning that Decree whereof the Archbishop Braga when his turne was to speake complained and turning to the Legates told them after a reprehending manner that they ought to vse their authoritie and to force the Prelates to speake their opinions and that it was a bad example in Councell as if they were compelled to bee silent or had an ambition not to speake but when they had followers Whereupon others who resolued to imitate them changed their purpose and consented to the Decree The other Decrees were approoued as they were read but onely that Granata made instance that Residence might bee declared to bee de iure diuino in plaine words because hee said the ambiguous words of the Proheme were vnworthy of the Councell which was assembled to take away and not to increase the difficulties that bookes maintaining the contrary should bee prohibited and that Cardinals should expresly and namely bee comprehended in the Decree This last concerning Cardinals did seeme to please many Whereupon Morone answered that consideration should bee had of it and that it should be spoken of another time They proceeded in the residue and in the end the Patriarch and the two Archbishops consented also to the Decree which was the first thing to make them hope that the Session could be celebrated at the time appointed a thing thought impossible but effected by the dexterity of the Cardinall of Loraine The dayes following the Fathers gaue their voyces concerning the other Articles of reformation In which there was no difference of moment but onely that at the great instance of Pompeius Zambeccari Bishop of Sulmona one particle was remooued out of the Articles of the first Tonsure in which it was said that if the promoted shall committe any delict within sixe moneths after the ordination the ordination shall bee presumed to bee fraudulent and the ordained shall not enioy the priuiledge of the Court and whereas it is decreed that none should bee ordained before hee was appropriated to some Church the innouation of the Decrees made by the Later an Councell was added that those also who were ordained to the title of the Patrimonie should bee applied to the seruice of some Church in which they should actually exercise themselues or otherwise should not bee partakers of the priuiledges This last was taken away also and
by the people secular power or Magistrate or by their owne temeritie doe ascend to Ecclesiasticall Ministeries are not Ministers but theeues This doctrine was attended with eight Anathematismes 1. Against him that shall say that there is no visible Priesthood in the new Testament nor any power to consecrate and offer and remit sinnes but onely an Office or naked Ministery to preach the Gospel and that those who doe not preach are not Priests 2. Or that besides Priesthood there are not greater Orders The Anathematismes and lesse which are degrees to ascend to Priesthood 3. Or that holy ordination is not a Sacrament but an humane inuention or onely a certaine Rite to elect Ministers of the word of God and of the Sacraments 4. Or that the holy Ghost is not giuen by the holy Ordination nor any Character imprinted or that a Priest may returne to bee a Laique 5. Or that the holy Vnction or other Ceremonies which the Church vseth are not requisite but may be omitted or are pernicious 6. Or that there is not an Hierarchie instituted in the Catholique Church by diuine Ordination consisting of Bishops Priests and Ministers 7. Or that Bishops are not Superiour to Priests or haue not power to confirme and ordaine or that Priests also haue the same power or that Orders conferred without the consent or vocation of the people or Secular power are voyd or that they may be lawfull Ministers of the word of God and Sacraments who are not lawfully ordayned by the Ecclesiasticall power 8. Or that Bishops assumed by authoritie of the Pope are not lawfull and true but that it is an humane inuention Afterwards the decree of reformation was read which contained eighteene The Decree of Reformation heads The first concerning the matter of Residence so much disputed on in which it was sayd that euery one that hath cure of foules is bound by the Commandement of God to know his sheepe to offer Sacrifices for them to feede them with preaching Sacraments and good examples and to attend other Pastorall charges which things because they cannot be performed by him who doeth not assist and watch ouer the flocke the Synode doeth admonish them to feede and gouerne with iudgement and trueth But that none by a badde interpretation of the Constitutions made vnder Paul the third in this matter may thinke the absence of fiue Moneths lawfull it doeth declare that whosoeuer hath Bishoprickes in what title soeuer though Cardinals are bound to reside personally nor may bee absent but when Christian charitie vrgent necessitie due obedience or vtility of Church or Common-wealth doth require as also that such causes of absence must bee approoued for lawfull by the Pope or Metropolitane except they bee notorious or sudden in which case the Prouinciall Councels must take knowledge and iudge of the licences graunted that there may bee no abuse therein the Prelates prouiding that the people may not be damnified in their absence And because a short absence deserueth not this name though without any the causes aforesayd it doeth declare that this shall not exceede the space of two moneths or three at the most whether it be continuate or at diuers times so that there be equity of reason in it and without the dammage of the flocke which must be referred to the consciences of the Prelats admonishing euery one not to be absent on Sundayes in Aduent Lent Feast of the Natiuitie Resurrection Pentecost or Corpus Christi Which Decree he that shall violate besides the penalties imposed vpon Non-residents vnder Paul the third and mortall sinne may not with a good conscience enioy the Fruits for that proportion of time decreeing the same concerning all those that haue charge of soules who being absent with leaue of the Bishop must substitute a sufficient Vicar approoued by the Bishop allowing a conuenient stipend and doeth ordaine that this Deceee together with the other vnder Paul the third shall bee published in the Prouinciall and Diocesan Councels The second Article of the Decree concerning Order was That whosoeuer doeth hold a Bishopricke in what title soeuer though a Cardinall not receiuing consecration within three moneths shall lose the Fruits and deferring three moneths more shall lose the Benefice and that the consecration if it bee not in the Court of Rome shall bee celebrated in the proper Church or in the Prouince at the least if there be opportunitie The third That Bishops shall celebrate the ordinations in their owne person and in case they be sicke shall not send their subiects to bee ordained by other Bishops before they bee examined and approoued by themselues The fourth That the first Tonsure shall not bee giuen but to him that is confirmed and hath learned the principles of Faith to reade and write and hath chosen a Clericall life to serue GOD not to auoyd the Secular iudgement The fift He that is to be promoted to the inferiour Orders shall haue testimonie from the Parish Priest and Schoolemaster and charge shall bee giuen by the Bishop that his name may bee proposed publikely in Church and inquisition made of his birth age manners and life The sixth That none shall haue an Ecclesiasticall Benefice before the age of fourteene yeeres nor enioy the exemption of the tribunall if he haue not an Ecclesiasticall Benefice or wearing the habit and Tonsure doeth not serue in some Church by commission from the Bishop or dwell in a Seminary or Schoole or Vniuersitie with licence of the Bishop And for married Clerkes the constitution of Boniface the eighth shal be obserued with condition likewise that they shal serue in the Church in habit and Tonsure by deputation of the Bishop The seuenth That when an ordination is to be made all shal be called to the Citie the Wednesday before and diligent inquisition and examination of them made by the Bishop with the assistance of who he pleaseth The eighth Ordinations shall not be celebrated but in times appointed by the law in the cathedral Church in presence of the Canons and if occasion bee to make it in an other place of the Diocesse it shall bee in the most worthy Church in presence of the Clergie Euery one shall be ordained by his owne Bishop or if any bee ordained by another he shall haue letters testimoniall of his owne The ninth A Bishop shall not ordaine one of his family that is not his subiect if he haue not dwelt with him three yeeres and in that case shall presently conferre a Benefice vpon him The tenth No Abbat or other Prelate shall conferre the first Tonsure or the minor Orders but vnto Regulars their subiects nor these or other Prelats Colledges or Chapters shall grant dimissorie letters to Secular Clerkes to receiue Orders The eleuenth That the minor Orders shall be conferred vpon him that vnderstandeth the Latine tongue and with interposition of time betweene one Order and another and these being degrees vnto others none shall be ordained if
Fathers were admonished to put vp in writing to the deputies the abuses obserued by them in the matter of Matrimonie The voyces beeing all giuen concerning the Anathematismes two Articles were proposed the promotion of married persons to holy Orders and the making voyde of clandestine marriages For the former the Fathers Two new Articles concerning married Priests and secret mariages did vniformely and without difficultie agree on the negatiue and the Arch-bishop of Prague and the Bishop of Fiue Churches who perswaded them to thinke better on it were scarcely heard But the other of clandestine marriage did not passe so For one hundred thirty and sixe did approue the making it voyd fiftie seuen did contradict and ten would not declare themselues The Decree was composed according to the opinion of the Maior part that howsoeuer clandestine mariages were good so long as the Church did not make them voyde and therefore the Synod doth anathematise him that thinketh the contrarie yet the Church hath alwayes detested them And now seeing the inconueniences the Synod doth determine that all persons which hereafter shall either marrie or betroth themselues without the presence of three witnesses at the least shall bee vnable to contract and whatsoeuer they doe therein shall be voide And another Decree followed commanding the Banes but concluding that if there were a necessitie to omit them the mariage might be made so that it were in presence of the Parish Priest and of fiue witnesses at the least publishing the Banes afterwards vpon paine of excommunication to him that should contract otherwise But that great number which would make void the secret mariages was diuided into two parts some following the opinion of those Diuines who grant power to the Church to make the persons vncapable and some those who say it may make the contract voide And the Legates themselues did differ Morone was content with any resolution so that they might dispatch Varmiense thought that the Church had no power herein and that all mariages celebrated in what manner soeuer with consent of the persons contracting are good Simoneta said that the distinction of the contract of Matrimonie from matrimonie it selfe and the giuing of power to the Church ouer the one and not ouer the other seemed to him sophisticall and chimericall and was much inclined not to make any innouation Concerning the abuses of Matrimonie many Prelates considered that the causes to hinder mariages and to make them voyde though they were contracted were so many and happened so often that there were but few not subiect to some of those defects and which was more persons did contract ignorantly either not knowing the prohibition or the fact or by forgetfulnesse in whom after they knew the trueth many perturbations and scruples did arise as also suits and contentions about the legitimation of the issue and the dowries The impediment of kinred contracted in baptisme was particularly alleadged for a very great abuse because in some places twenty or thirty men were inuited for God-fathers and as many women for God-mothers betweene all which by Ecclesiasticall constitution a spirituall kinred doth arise who oftentimes not knowing one another do ioyne in marriage Many thought fit to take away this impediment not because it was not well instituted at the first but for that the cause of the institution beeing ceased the effect ought to cease also They considered that the gossips were then sureties to the Church for the faith of the children baptized and therefore were bound to instruct and chatechize them according to their capacitie by which meanes they conuersed often and familiarly with them and their parents as also the gossips amongst themselues by which meanes a certaine relation did arise betweene them which was a cause to be reuerenced and sufficient to prohibite marriage as all other causes to which reuerence ought to bee borne But afterwards when vse bad abolished whatsoeuer was reall herein and the God-father did seldome see his God-childe and had no care at all of his education the cause of reuerence ceasing the relation ought not to haue place Likewise the impediment of Affinitie by fornication nullifying marriages vntill the fourth degree it beeing a matter of secrecie did ensnare many who vnderstanding the trueth after the mariage were filled with perturbations For kinred of Consanguinity and Affinity it was said that the same account beeing now not made of it as formerly was and amongst great personages scarce memorie kept of the fourth degree that might bee omitted also Wherein there was much disputation Some thought that as seuen degrees of kinred did hinder marriage for many hundred yeeres and Innocentius the third tooke away three of them at once restrayning the impediment vnto the fourth alleadging very common reasons that there are foure Elements foure humours of mans body so it appearing now that foure cannot bee obserued without many inconueniences the impediments may bee more iustly restrayned to the third Others contradicted and sayd that so they might hereafter proceede further and at the last come to that of Leuiticus which would cherish the opinion of the Lutherans and therefore did conclude that it was dangerous to innonate Which opinion after much examination did preuaile Some thought that the impediment of fornication beeing secret ought wholly to beetaken away But they preuailed not because there appeared an inconuenience in regard that many things which first are secret are published afterwards Many were of opinion that no nouitie should bee made in these prohibitions but power granted to Bishops to dispence and maintained that it was better to giue it to them then to the court because they knowing better the merits of the fact and the causes may exercise distributiue iustice more exactly herein They sayd the court of Rome doth often giue dispensations to persons not knowen who obtaine them by deceipt and that diligence cannot be vsed in regard of the distance of the Countreys besides the world beeing scandalized thinking they are not giuen but for money that imfamie ought to be taken away The Spaniards and French-men laboured effectually herein but the Italians said they did it to make themselues all Popes and not to acknowledge the Apostolique Sea and that the difficultie of sending to Rome and negotiating the expedition with paines and cost was profitable because by that meanes few marriages were contracted in degrees prohibited whereas if by granting power to Bishops there were aâ—facility herein the prohibitions would in a short time come to nothing and so the Lutheranes would gaine their opinion Here upon a common inclâ—natioâ— grew that none should bee dispensed with in these prohibitions but for a very vrgent cause into which opinion those who could not preuaile for the Bishops did enter also thinking it was more for their credit if that which was forbid to them were not granted to others After many discourses in the Congregations it was resolued to restraine spirituall kinred and affinity by mariage and
giuen by the Legates made for the interests of Rome could not be fitted to other countreys But the Cardinall of Loraine and the French and Portugall Ambassadours contradicted alleadging that euery one might speake his opinion concerning the Articles proposed and propose others if there were cause so that there was no need to giue this distast to the Pope and the Legates who could not endure to heare speach of Nations in Councell And the Imperialists comming to this opinion also the Count retired but said that diuers considerations ought to bee had concerning those which were proposed The Cardinall of Loraine counselled the Legats to facilitate the businesse and to take away those points which might seeme to cause contradiction adding that the fewer matters were handled the better it would be whereat Varmiense seeming to wonder Loraine asked him whether hee marueiled The Card of Loraine excuseth the change of his minde because hee saw not in him that heate and desire of reformation as hee had made demonstration of at other times and he added that his desire was the same and had the same disposition of minde to imploy all his force therein but that experience hath taught him that not onely nothing perfect or ordinarie can bee done in Councell but that euery enterprise in that businesse turneth to the worst He perswaded also the Count of Luna not to seeke to hinder the reformation totally but if there were any thing which did not fully satisfie him hee should make the partcular knowen and hee would labour that contentment should be giuen him The Emperours Ambassadours first of all gaue their answere in writing the one and thirtieth of Iuly in which they said that desiring a generall reformation in the head and members and hauing read the Articles exhibited they had added some things and noted others desiring they might be corrected accordingly and discussed by the Fathers And because the Emperour with the Ambassadours of many Princes did hold a Diet in Vienna to handle many things concerning the Councell they hoped they would take it in good part if hauing receiued a new commandement from his Maiestie they should present other considerations also and that for the present they added eight Articles to those proposed by them 1 That a serious and The Imperialists adde 8. Articles more durable reformation of the Conclaue might bee made in Councell 2. That alienation of Ecclesiasticall goods without the free and firme consent of the Chapter might be prohibited and especially in the Roman Church 3. That Commendaes and Coadiutories with future succession might bee taken away 4. That Schooles and Vniuersities might be reformed 5. That the Prouinciall Councels may bee inioyned to correct the Statutes of all the Chapters as also that authoritie may bee giuen to reforme Missals Breuidries Agends and Graduals not in Rome onely but in all Churches 6. That Lay-men may not bee cited to Rome in the first instance 7. That causes may not bee remooued from the Secular Court to the Ecclesiasticall vpon pretence of iustice denyed before the trueth of the supplication bee knowen 8. That Conseruators may not bee giuen in prophane matters And concerning the Articles exhibited by the Legates they noted many things part whereof as being but of small weight it will not be amisse to omit Those of importance were That Cardinals might bee chosen out of all Nations that the Vniuersall Bishop might bee created by Electors of all Countreys That the prouisions against Pensions Reseruations and Regresses should bee extended not onely to the future but to those also that are past That the kissing of the Gospel should not be taken from the Emperour and Kings who ought to defend it That it may be declared what secular affaires are prohibited to Ecclesiastiques that that which is determined in the decree of Residence may not be crossed That in the Article of not laying taxes vpon the Ecclesiastiques the cause of Subsidie against the Turkes and other Infidels may be excepted The proposition though it were of hard digestion did not so much trouble the Legats as the doubt mooued that some extraordinary demaund for change of Rites receiued by the Church of Rome and relaxation of Precepts de iure Positiuo might come from the Diet in Vienna The third of August the Frenchmen gaue their obseruations the essentiall whereof were That the number of Cardinals might not exceed foure and The articles exhibited by the French-men twentie and that no more might be created vntill they were reduced to that paucitie That they may bee elected out of all Kingdomes and Prouinces That there may not be two of one Diocesse nor more then eight of one Nation That they may not bee lesse then thirtie yeeres of age That the nephew or brother of the Pope or of any Cardinall liuing may not bee chosen That Bishoprickes may not bee giuen them that they may the better assist the Pope and that their dignitie being equall their reuenew may bee equall also That none may haue more then one Benefice and that the difference vnknowen to the good ages of the world of Benefices simple and with cure compatible and incompatible may be taken away and that hee that hath two at this present may choose and keepe one only and that within a short time That resignations in fauour may be quite taken away That it may not bee prohibited to conferre Benefices onely vpon those who haue not the language of the Countrey because the Lawes of France forbid all strangers without exception to haue Offices or Benefices in the Kingdome That the criminall causes of Bishops may not be iudged out of the kingdome in regard of the ancient priuiledge of France that none may bee iudged out of the Kingdome neither voluntarily nor by compulsion That power may bee restored to Bishops to absolue from all cases without exception That to take away suits for Benefices preuentions resignations in fauour mandats expectatiues and other vnlawfull wayes to obtaine them may be remooued That the prohibition that the Clergie may not meddle in secular matters may be expounded so that they may abstaine from all functions which are not holy Ecclesiasticall and proper to their order That the Pensions alreadie imposed may be taken away and abrogated That in causes of Patronage the ancient institution in France may not be changed to giue sentence in the possessorie for him who is in the last possession and in the petitorie for him who hath a lawfull title or a long possession That the lawes of France concerning Ecclesiasticall causes may not bee preiudiced that the possessorie may beiudged by the Kings Iudges and the petitorie by the Ecclesiastiques but not out of the Kingdome That none may be assumed to bee Canon in a Cathedrall Church before he be fiue and thirtie yeeres old That for the Article containing the reformation of Princes the Clergie may bee first intirely reformed in this Session and that which belongeth to the dignity
and authoritie of Kings and Princes may bee deferred vntill the next and that nothing may be decreed therein before they the Ambassadours bee heard who haue giuen account to the King of those and other things which they had to propose But howsoeuer they proposed these difficult matters yet they said indifferently to all and with affectation that it might be published that they would not be earnest in any thing but that which concerneth the rights and Secular affaires of their Kingdome The Venetian Ambassadours proposed that the Article of Patronage might be so accommodated that it might not giue occasion of nouitie concerning those who belong to their Republique and Prince The Ambassadours also of Sauoy and Tuscane made the same instances At this time the Imperialists receiued commission from their Prince to mediate as they did with the Legats that in the reuiew of the Index of the bookes mention might not bee made of the Recesses of the Diets in Germanie formerly prohibited by Paul 4 and the Emperors order was somewhat sharpe that in stead of handling of Ecclesiasticall matters they would not giue a forme to the policie of Germanie and occasion to the people who are gouerned by such Lawes to aliene themselues from the Church of Rome against their wills Answere was made that the Bishop of Prague one of them who was chiefe of the Congregation might know whether any speech were made of it and if there was not his Maiestie might trust to his Ambassadour who in all causes concerning him should bee fauoured both by them and by the Pope The seuenth day the Spanish Ambassadour presented his writing in which hee said he was well satisfied with all the Articles and would not demand any thing but onely the change of some words which seemed vnto him to be superfluous or that they may be expounded better And hee touched almost all things which did enlarge the authoritie of Bishops so moderating the words that the alteration did not seeme to be substantiall but that indeed he did rather restraine then augment it Hee made request also that they would treat of the Conclaue saying that the King did much desire it as also that the part concerning fecular Princes might be deferred vntill another Session After he had exhibited his writing hee desired the Legates that so soone as voices were giuen concerning the things proposed they would depute Fathers of euery Nation to collect what they should thinke necessary for reformation of their Countreys that all might bee determined with a generall satisfaction Morone answered in the name of all that they could not consent to proceede otherwise then they had done hitherto in other matters Wherein many things being said by both parties by the Count to intimate the Councell was in seruitude and by the Cardinall to shew the libertie Morone added that no man could complaine that hee was hindered in his libertie of speaking The other replyed that he could not beleeue that any thing of worth had beene done by them and did not forbeare to tell him that there was a great murmuring in the Councell for the particular congregations assembled a few dayes since and that it was supposed that they were made to get voices The Legates said it was their duety in the diuersitie of opinions to vnderstand the trueth and to accommodate the differences that matters may bee determined with vnion The Count replyed that it was well if it were so but that Italians onely were called except two or three Spaniards and as many Frenchmen who differed from others of their Nations The Legats defended themselues that they were not called in proportion because there were an hundred and fiftie Italians in Councell and not aboue threescore of all other Nations The Count seemed to be satisfied and being parted said to his Prelats that the Legats hauing begun a discourse to shew that esteeme ought not to bee held of Nations had concluded it shewing that they had euer held esteeme of them The next day the Legats and two Cardinals consulted about the aduertisments of the Ambassadours and how to amend the Articles of reformation to be giuen to the Fathers and of the maner to bee held in speaking on them In which Loraine hauing receiued new letters from France and order that both himselfe and all the other French Prelats should fauour the Popes affaires wholly bent to satisfie the Legats perswaded them not to suffer so many points to be handled at once but to diuide them into parts according to the subiects and when one part was ended to propose another and to hasten the Session omitting all the things which had any difficultie and concluding those onely in which all or the greatest part would agree and particularly not to propose in the beginning those in which the Ambassadours did not consent The eleuenth day the Congregations began to be celebrated to establish the Anathematismes and decrees of Matrimonie The proposition of the French-men was handled to make mariages voide contracted by children without consent of parents in whose power they are And the first that gaue voice did differ in opinion The Cardinall of Loraine did approue it alleadging places of the Scripture which giue to the Fathers power to marry their children examples of mariages of the Patriarkes Isaac and Iacob adding the Imperiall lawes of the Institutions and the Code made by Christian Princes of famous memorie as also the Canon vnder the name of Euaristus and another of the Councell of Carthage produced by Gratian. And hee related the inconueniences arising herein The Arcbishop of Otranto was of the contrary opinion saying that this was to giue authority to Lay-men ouer the Sacraments and make them beleeue that the authoritie in making them voide doeth depend on the paternall not on the Ecclesiasticall Besides it would be a decree directly contrary to the holy Scripture which expressely faith that a man shall leaue father and mother and cleaue to his wife And for inconueniences it will cause more referring the sonnes to their fathers in matters of conscience And if a father would not consent to the mariage of a sonne who hath not the gift of continencie hee would be infinitely perplexed Nine and twentie spake in that Congregation and twentie were of opinion to omit that matter Of the others some approoued the decree so generally and some restrained it in sonnes to the age of twentie yeeres and of eighteene in daughters In the end of the Congregation the Venetian Ambassadours caused a The Venetian Ambassadours doe exhibite a petition cōcerning diuorces in the Greeke Church demaund of theirs to bee read concerning the Anathematismes of diuorces which did continue in substance That their Republique hauing the kingdomes of Cyprus Candie Corfue Zante and Cephalonia inhabited by Grecians who haue from all antiquitie vsed to put away their wiues for fornication take another for which Rite well knowen to the whole Church they were neuer condemned nor reprehended by any
ought to bee obserued vpon paine of Anathema 1. That Ecclesiasticall persons may not bee iudged in a secular Court howsoeuer there may bee doubt of the title of the Clerkeship or themselues consent or haue renounced the things obtained or for any cause whatsoeuer though vnder pretence of publike vtilitie or seruice of the King nor shall be proceeded against there in cause of murder if it bee not truly and properly a murder and notoriously knowne nor in other cases permitted by the law without the declaration of the law going before 2. That in causes spirituall of matrimonie heresie patronage beneficiall ciuill criminall and mixt belonging in what manner soeuer to the Ecclesiasticall Court as well ouer persons as ouer goodes tithes fourths and other portions appertaining to the Church or ouer beneficiall Patrimonies Ecclesiasticall Fees temporall iurisdiction of Churches the temporall Iudges shall not meddle neither in the Petitorie nor in the Possessorie taking away all appeale vpon pretence of iustice denied or as from an abuse or because the things obtained are renounced and those who shall haue recourse to the Secular magistrate in the causes aforesaid shall bee excommunicated and depriued of their rights belonging vnto them in these things And this shall be obserued also in causes depending in what instance soeuer 3. That the Seculars shall not appoint Iudges in causes Ecclesiasticall though they haue Apostolike authoritie or a custome time out of mind and the Clerkes who shall receiue such offices from the Lakes though by vertue of any priuiledge whatsoeuer shall bee suspended from their orders depriued of their Benefices and offices and made vncapeable of them 4. That the Secular shall not command the Ecclesiasticall Iudge not to excommunicate without licence or to reuoke or suspend the Excommunication denounced nor forbid him to examine cite and condemne or to haue Sergeants or Ministers for execution 5. That neither the Emperour Kings nor any Prince whatsoeuer shall make Edicts or Constitutions in what manner soeuer concerning Ecclesiasticall causes or persons nor meddle with their persons causes iurisdictions or tribunals no not in the Inquisition but shall bee bound to affoord the seculat Arme to Ecclesiasticall Iudges 6. That the temporall iurisdiction of the Ecclesiastikes though with meere and mixt power shall not bee disturbed nor their subiects drawne to the Secular tribunals in causes temporall 7. That no prince or magistrate shall promise by Briefe or other writing or giue hope to any to haue a Benefice within their dominions nor procure it from the Prelates or Chapters of Regulars and hee that shall obtaine it by that meanes shall bee depriued and yncapeable 8. That they shall not meddle with the fruites of Benefices Vacant vnder pretence of custodie or patronage or protection or of withstanding discords nor shall place there either Bayliefes or Vicars and the Seculars who shall accept such offices and custodies shall bee excommunicated and the Clerkes suspended from their Orders and depriued of their Benefices 9. That the Ecclesiastikes shall not bee forced to pay taxes gabels eithes passages subsidies though in the name of gift or loane either in respect of the Church goods and of their Patrimonial except in Prouinces where by ancient custome the Ecclesiastikes themselues doe assist in publike Parliaments to impose Subsidies both vpon the Laitie and the Clergie to make warre against the infidels or for other vrgent necessities 10. That they shall not meddle with Ecclesiasticall goods mooueable or immooueable vassallages tenths or other rights nor in the goods of communities or priuate men ouer which the Church hath any right nor shall rent out the depasturing or herbage which groweth in the lands and possessions of the Church 11 That the letters sentences and citations of Iudges Ecclesiasticall especially of the Court of Rome so soone as they bee exhibited shall bee intimated without exception published and executed neither shall it bee necessarie to require consent or licence which is called Exequatur or Placet or by any other name either for this or for taking possession of Benefices though vpon pretence of withstanding falshoods and violences except in fortresses and those Benefices in which Princes are acknowledged by reason of the temporalitie and in case there shall bee doubt of falsitie or of some great scandall or tumult the Bishop as the Popes delegate shall constitute what hee thinketh needefull 12. That Princes and Magistrates shall not lodge their officers seruants souldiers horses or dogs in the houses or Monasteries of the Ecclesiastikes nor take any thing from them for their foode or passage 13. And if any Kingdome Prouince or place shall pretend not to be bound to any of the things aforesaid by vertue of priuiledges from the Apostolike Sea which are in actuall vse the priuiledges shall bee exhibited to the Pope within a yeere after the end of the Councell which shall bee confirmed by him according to the merites of the Kingdomes or Prouinces and in case they be not exhibited before the end of the yeere they shall be vnderstood to bee of no force And for the Epilogue there was an ad 〈…〉 tion to all Prindes to haue in veneration the things which concerne the Clergie as peculiar to God and not to suffer them to bee offended by others renewing all the constitutions of Popes and holy Canons in fauour of Ecclesiasticall immunitie commanding vnder paine of Anathema that neither directly nor indirectly vnder any preâ—ence whatsoeuer any thing bee constituted or executed against the persons or goods of the Clergie or against their libertie any priuiledges or exemptions though immemoriall notwithstanding And this is it which was first imparted to the Ambassadours and by each of them sent to their Princes whereupon the French King gaue the order to his Ambassadors before mentioned And the Emperor hauing seene them wrot to the Cardinall Morone that hee could not possibly assent either as Emperor Are distastfull to the Emperour or as Arch-Duke that they should speake in Councell of reforming the iurisdiction of Princes nor to take from them authority to receiue assistance and contributions from the Clergie putting him in minde that all the former euils did arise from the oppressions attempted by the Ecclesiastikes against people and Princes That they should beware not to prouoke them more and cause greater inconueniences to arise After Loraine was departed the French Ambassadours put their protestation in order to make vse of it if need were In the Congregation of the two and twentieth of September one of the Fathers made a long speach to shew that the cause of all deformation proceeded from Princes that they had more neede of reformation that the Articles were already in order and was now time to propose them that they might not vanish to nothing by delaies After hee had spoken the Ambassadour de Ferrieres made a long querulous The speach of de Ferrieres Oration or as the Frenchmen say a complaint The contents whereof in the
principall points were That they might say to the Fathers as the Ambassadours of the Iewes did to the Priests Ought wee also to continue fasting lamenting That there are more then 150. yeres part since the most Christian Kings haue demanded of the Popes a reformation of the Ecclesiasticall discipline that for this end only they haue sent Ambassadors to the Synods of Constance Basil and the Lateran to the first of Trent finally to this second What their demands were Iohn Gerson Ambassadour in that of Constance the Orations of Petrus Danesius Ambassadour in the first of Trent of Guido Faber and of the Cardinall of Loraine in this second doe testifie in which nothing was demanded but the reformation of the manners of the ministers of the Church and notwithstanding this they must still fast and lament not seuentie yeeres but two hundred and GOD grant they be not three hundred and many more And if any should say that satisfaction hath beene giueth them by Decrees and Anathematismes they did not thinke that this was to satisfie to giue one thing in payment for another If it shall bee said that they ought to bee satisfied with a great bundle of reformations proposed the moneth before they had spoken their opinion concerning that and sent it to the King who had answered that he saw few things in it befitting the ancient discipline but many things contrary That that is not the plaster of Isaias to heale the wound but of Ezekiel to make it raw though healed before That these additions of excommunicating and anathematizing Princes was without example in the ancient Church and did make a way to rebellion and all the Articles concerning the reformation of Kings and Princes haue no ayme but to take away the libertie of the French Church and offend the Maiestie of the most Christian Kings who by the example of Constantine Iustinian and other Emperours haue made many Ecclesiasticall lawes which haue not onely not displeased the Popes but they haue inserted some of them in their Decrees and iudged Charles the Great and Lewis the ninth principall authors of them worthy of the name of Saints He added taht the Bishops had with them gouerned the Church of France not only since the times of the Pragmatique or Concordate but foure hundred yeeres and more before the booke of the Decretals and that these lawes haue beene defended and renewed by the later Kings since that the Decretals substituted in place of them haue derogated from them in the times following That the King beeing now of age would reduce those lawes and the libertie of the French Church into obseruation because there is nothing in them contrarie to the doctrine of the Catholique Church to the ancient Decrees of Popes nor to the Councels of the Church vniuersall Hee said moreouer that those lawes doe not prohibite Bishops to reside all the yeere and to preach euery day not onely nine moneths and in the feasts as was decreed in the last Session nor forbid them to liue in sobrietie and pietie and hauing the vse onely and not the benefit of the reuenues to distribute them or rather to render them to the poore who are owners of them And hee proceeded in naming other things of the Councel with the like ironicall manner that hee seemed to iest at them Hee added that the power giuen by GOD to the King the lawes of France and the libertie of the French Church haue alwayes forbid Pensions Resignations in fauour or with Regresse pluralitie of Benefices Annats Preuentions and to litigate for the Possessorie before any but the Kings Iudges or for the propriety or other cause ciuill or criminall out of France and forbid also the hindering of appeales as from abuse or to hinder that the King Founder and Patron of almost all the Churches of France may not make vse of the goods and reuenues though Ecclesiasticall of his Subiects for instant and vrgent necessitie of the Common-wealth Hee said afterwards that the King marueiled at two things One that they the Fathers adorned with so great Ecclesiasticall power in the ministerie of GOD assembled onely to restore Ecclesiasticall discipline not regarding this should binde themselues to reforme those whom they ought to obey though they were stiffenecked Another that they should think they can and ought without any admonition excommunicate and anathematise Kings and Princes which are giuen by GOD to men which ought not to bee done to any ordinary man though perseuering in a most grieuous offence He said that Michael the Archangel durst not curse the Deuill or Micheas or Daniel the most wicked Kings and yet they the Fathers were wholly conuersant in maledictions against Kings and Princes and against the most Christian if hee will defend the lawes of his ancestors and the liberty of the Gallicane Church His conclusion was that the King did desire them not to decree any thing against those 〈◊〉 or if they should that hee commanded his Ambassadors to oppose the Decrees as 〈…〉 they did oppose them But if 〈…〉 ting the Princes they would attend seriously to that which al the world expectch it would bee most 〈◊〉 〈…〉 ble to the King who did command them the Ambassador 〈…〉 to 〈◊〉 that 〈…〉 hee spake in the Kings name Afterwards hee did 〈…〉 the heauen earth and the Fathers to consider whether the Kingâ— demand were iust whether it were honest for them to make orders for themselues throughout the whole world whether this were a â—â—me to take compassion not vpon the Church nor vpon France but vpon themselues the Fathers their dignity reputation and 〈…〉 s which cannot do preserued but by the Arts by which they were gained in the beginning that in so great confusions they must bee wary and not cry when CHRIST commeth sâ—nd Vs into the heard of 〈◊〉 that if they would restore the Church to the ancient reputation comp 〈…〉 the aduersaries to repentance and reforme Princes they should follow the example of Ezekias who did not imitate his father nor his first second third and fourth grand-father who were vnperfect but went higher to the imitation of his perfect ancestors so it was not fit at that time to respect the next predecessors though very learned but to ascend as farre as Ambrose Augustine and Chrysostome who ouercame the heretiques not by arming Princes to the warre themselues in the meane while picking their nailes at home but with prayers good life and sincere preaching For they hauing framed themselues first like Ambrose Austine and Chrysostome will make the Princes also to become Theodosii Honorij Arcadij Valentiniani and Gratiani which he said they hoped for and praied God it might bee so and here hee ended The Oration when it was pronounced did anger very much not onely the Papalins but the other Prelates more and French-men also Is censured and when it was ended there was such a whispering that it was necessary to finish the Congregation Some did taxe it
of heresie and others said it was much to bee suspected at the least and others that it was offensiue to godly eares They said hee had taken occasion to doe it in absence of the Cardinall of Loraine who would neuer haue endured those termes and that his end was to dissolue the Councell that hee did attribute to Kings more then belongeth to them that hee inferred that the Popes authority is not necessary for the vsing of Church goods that hee made the French King like to the Queene of England But nothing did so much offend as that hee said that the authority of the French Kings ouer persons and goods Ecclesiasticall was not founded vpon the Pragmatique Concordates and priuiledges giuen by Popes but vpon the law of Nature holy Scripture ancient Councels and lawes of the Christian Emperours The French Ambassadours were reprehended also because they did not follow the steps of the Emperours and Spanish Ambassadors who though they had the same interests made not such a commotion because they knew there was no reason for it De Ferrieres defended himselfe said that the Legates had promised the Cardinall of Loraine that this matter should not bee spoken of but with such moderation as that it should not touch the affaires of France which was not performed that the Kings instruction had beene imparted to the Cardinall who if he had beene present would not onely haue consented to but counselled Protestation that those were great Ignorantes who hauing seene nothing but the Decretals Lawes of foure hundred yeeres did thinke that there were 〈◊〉 Ecclesiasticall lawes before them that if any would reforme the King by the Decretals he would reforme them by the Decrees and lead them also to more ancient times not onely of Saint Austine but of the Apostles also that he did not make the French King as the Queene of England but did oppose them who haue begunne long since to enlarge their owne authority by di 〈…〉 ing the Kings that if those Articles did so much damnifie the Emperour and Catholique King as they doe France they would neuer haue beene proposed and therefore he was not to take example by those who haue not equall interests The Arch-bishop of Sant and the Abbat of Claraual were distasted most of all who went vp and downe saying that the Ambassadours had done ill to protest and that their end was to make a confusion and giue occasion for a Nationall Councel in France that they were men not well affected creatures of the King of Nauarre sent by him to the Councel for his owne deseignes had protested without the Kings commission that it was fit to make them shew their instructions to frame an Inquisition against them as not hauing a good opinion in matter of faith Where in great differences did arise between the Ambassadours and them The next day the Ambassadors gaue the King an account of the causes why they had deferred the protestation vntill then and how they were forced at that time to come vnto it adding that they would deferre the registring of it in the acts of the Councell vntill his Maiesty had seene it and commanded them what they should doe The Legats not hauing a copie of the Oration made a collection of it by the memory of those who had beeene most attentiue to send it to the Pope of which de Ferrieres hauing gotten a copie complained that many things were expressed against his intention and in particular where hee named Ecclesiasticall lawes it was repeated spirituall lawes and that Kings might take Church goods at their pleasure whereas hee had sayd onely for necessary cause By this he was forced to giue foorth his Oration and sent a copie of it to Rome to the Cardinall of Loraine excusing himselfe for not hauing vsed words of such acrimony as he was commanded in the last instructions and in the first which are reconfirmed in those adding also that he thought it necessary to obey the King and was not willing to vndergoe the reprehensions of the Counsellors of Parliament who would haue taxed him if in a Generall Councell matters of so great importance had beene determined against that which hath beene by them so exactly maintained besides the Kings authority which hee defended hauing beene vpheld foure hundred yeeres by the Kingdome of France against the war in opposition of it made by the Court of Rome it was not iust that the Fathers of the Councell the greater part of whom are Courtiers should be Iudges of the ancient differences which the kingdome hath with that Court He gaue a copie of the oration to the Ambassadors also and to as many as did desire it and some saide that he had pronounced it otherwise then it was written Whereunto hee replyed that that could not bee said by any that had any meane vnderstanding of the Latine and that howsoeuer it was the same pronounced and written yet if they thought otherwise they must remember that the stile of the Synod was neuer to iudge of things as they were deliuered in voyce but as they were exhibited in writing and therefore they should moue no controuersie herein or if they would himselfe was to bee beleeued before any other The oration being published it was answered in the name of the Synod And answered by a namelesse man Hee said that the French Ambassadours had reason to compare themselues to the Ambassadours of the Iewes because they had both made an vniust complaint against GOD and that the same answere might be giuen them which the Prophet gaue to that people in the name of GOD that if they had fasted and lamented so many yeeres or ate and drunke all was for their owne interests that the Kings of France were cause of all the abuses of that Kingdome by naming to Bishoprickes vnlearned persons ignorant in Ecclesiasticall discipline and more inclined to a lasciuious then to a religious life that the French-men would not haue a resolution in the controuersies of faith that Christian doctrine might allwayes be vncertaine and place might be giuen to new masters who might rub the itching eares of that vnquiet Nation that they spared not to say in those turbulent times that it belonged to the King though very yong as yet to dispose of all the gouerment of the Church that they had sayd with asseueration that beneficed men had onely the vse of the reuenues whereas in France time out of mind they haue carried themselues for Vsufructuaries making Testaments and receiuing inheritances from their kinsfolke who die intestate that to say the poore are owners of the reuenues was much contrary to another saying in the same oration that the King is Patron of all Ecclesiastical goods and might dispose of them at his pleasure that it was a great absurdity to say that the King might not bee reprehended by a generall Councell seeing that Dauid was reprehended by the Prophet Nathan and tooke it in good part that it did
protestation made by the French Ambassadours would haue which was read with varietie of affections Those who were ill affected to the Court of Rome did commend it as true and necessarie But the Popes adherents thought it as abominable as the Protestations formerly made by Luther In the sixt Anathematisme of Matrimonie many did wonder that the dissolution The censure of the Decrees of mariage not consummated for a solemne vow should bee made an Article of faith because the matrimoniall coniunction though not consummated by carnall copulation is a bond instituted by the Law of GOD. For the Scripture doeth affirme that there was a true mariage 〈…〉 Mary and Ioseph and the solemnitie of the profession being or 〈…〉 reâ— po 〈…〉 as Boniface the eighth hath decreed it seemed strange not so 〈…〉 humane bond should dissolue a diuine as that he should bee condemned for an hereticke who will not beleeue that an inuention of man borneth any hundred yeeres since the Apostles should preuaile against a diuine instituted on made at the first creation of the world In the seuenth it was thought to bee a captious speech to condemne for an hereticke him that shall say that the Church hath erred in reaching that Matrimonie is not dissolued by adulterie For if one should say absolutely that Matrimony ought to be dissolued for that cause without saying or thinking that one hath erred or not erred in teaching the contrary it seemeth that this man should not bee comprehended and yet it doeth not appeare how one can thinke so except the hold the contrary to bee an errour It was iudged that they should haue spoken plainely and said absolutely that 〈…〉 noâ— dissolued by adulterie or that both opinions are probable and not to make an Article of faith concerning a word onely But these men would not haue made the difficultie if they had knowen the causes before mentioned why they did speake in that maner The ninth Canon did affoord matter of speech also by that affirmatiue that God doth not deny the gift of chastitie to him that doth demaund it a right because it did seeme to be contrary to the Gospel which affirmeth that it is not giuen to all and to Saint Paul who doth not exhort to demaund it which was more easie then to marry The Polititians knew not what to thinke of the twelfth Anathematismem that it should bee heresie to hold that matrimoniall causes doe not belong to Ecclesiasticall Iudges it being certaine that the Lawes of mariage were all made by the Emperours and the iudicature of them administred by the secular Magistrates so long as the Roman Lawes were in force which the reading onely of the Theodosian and Iustinian Codes and of the Nouels doth euidently demonstrate And in the formes of Cassiodore there is mention of termes vsed by the Gothish Kings in the dispensations of degrees prohibited which then were thought to belong to ciuill gouernment and not to bee matters of religion and to him that hath any skill in story it is most knowen that the Ecclesiastiques began to iudge causes of this nature partly by commission and partly by negligence of Princes and Magistrates But in the beginning of the Decree of reformation of Matrimony many wondred how it could bee defined as an Article of faith that clandestine mariages are true Sacraments and that the Church hath alwayes detested them because it doeth implie a contradiction to detest Sacraments And to command that the Parish Priest should 〈…〉 gate those that are ioyned and vnderstanding their consent should say I ioyne you in Matrimony in the Name of the Father Sonne and holy Ghost was derided by the criticks saying that either they are ioyned by those words or not if not then that is not true which the Councell of Florence hath determined that matrimony receiueth perfection from consent if so what coniunction is that which the Priest maketh of persons ioyned before And if the word I ioyne should be expounded I declare them ioyned a way would be layd open to conclude that the words of the absolution are declaratory also But howsoeuer it was they said the decree was made to no other end but that within a short time it might bee made an Article of faith that those words pronounced by the Parish Priest were the forme of the Sacrament For making void clandestine mariages they spake as much as was spoken of it in the Councell it selfe For some did extoll the decree to the heauens and others said that if those matrimonies were Sacraments and consequently instituted by CHRIST and the Church hath alwayes detested them and finally made them voyd it did not appeare how those who had not made prouision for it in the beginning could be excused from the blame of ignorance or negligence And when the distinction on which they founded the decree was published that the contract was nullified which is the matter of the Sacrament it was hard to vnderstand a long time because the matrimoniall contract hath no distinction from the matrimony nor the matrimony from the Sacrament and the rather because the matrimony was indissoluble before it was a Sacrament in regard CHRIST doeth not pronounce it insoluble as instituted by him but as by GOD in the earthly Paradise But it being admitted that the Matrimoniall contract is an humane and ciuill thing separate from the Sacrament which is nullified some said this annullation would not belong to the Ecclesiasticall Iudge but to the Secular to whom the discussion and cognition of all ciuill contracts doeth appertaine The cause alleadged to moderate the impediments of mariage was much commended as reasonable but it was obserued withall that it did necessarily conclude many more restrictions then those that were decreed in regard there are no lesse inconueniences by the impediments confirmed then by those that were abolished The end of the Article of matrimoniall dispensations mooued a vaine question in the curious whether the Pope by reseruing them to himselfe alone did more good or hurt to his authoritie For the good was alleadged the great quantitie of gold which did flow into the Court through this chanell and the obligations of so many Princes gained by this meanes as to be satisfied in their appetites or interests so to defend the Papall authoritie on which onely the legitimation of their children was grounded For the hurt the losse of the reuenues of England and of the obedience of that crowne was produced which did weigh downe all gaine or friendship which the dipensations might procure The Frenchmen did not like the decree that hee that stealeth a woman shall bee bound to endow her at the pleasure of the Iudge saying that the Law concerning dowries cannot be made by Ecclestiâ—all authoritie and that it was an artifice to take the iudicature of that delict from the secular Magistrate For if the Ecclesiastique may make the Law hee may iudge the cause And howsoeuer they said absolutely at the pleasure of the
occasion For as hee would continue in the vnion and obedience of the Church so hee would preserue inuiolable the rights of his crowne without suffering them to be questioned or disputed or himselfe forced to shew them That they should not thinke to satisfie him with saying in the ende Sauing and reseruing the rights c. because vnder this colour they would binde him to shew a reason in euery opposition That if hee had seene the Articles as they were proposed hee would haue iudged that the Ambassadour could not haue done otherwise then make the opposition which his desire was they should first haue shewed to him but said they were to bee excused in regard of the occasion suddenly arising and of the circumstances which did produce it and of the suspitions which made them doubt of some Artifice to precipitate the decision And if the Pope had no intention as hee the Cardinall giueth him to vnderstand that the rights of the Emperour and Kings should bee touched and disputed his Holinesse must turne his anger vpon the Legats who proposed the Articles and named Kings Emperour Republikes and not vpon the Ambassadors That hee thinketh the protestation may be iustified before all Christendome when the Articles shal be seene That the Legats hauing proposed those Articles against the intention of his Holinesse he ought not to referre himselfe to their discretion hereafter nor to cause his Ambassadors to returne vntill he had ful assurance that those Articles should not be spoken of any more which being done he will command them to goe againe to the Councell Concerning the citation and sentence the King gaue order to Henry Clutia The French King taketh part with the Queene of Nauarre Lord d'Oysel to tell the Pope that his Maiestie had vnderstood to his great displeasure that which he did not beleeue by the fame which was spread vntill he had seene a copie of the monitories affixed in Rome that the Queene was so proceeded against as that hee was bound to defend her First in regard the cause and danger was common to all Kings who therefore were obliged to protect her and the rather because she was a widow and his obligation was the greater in respect of the neere kinred hee hath with her by both lines and by agnation with her husband who died but a little before in the warre against the Protestants leauing his sonnes Pupils Therefore hee could not abandon her cause following the examples of his ancesters and the rather because hee ought not to indure that any should make warre against his neighbours vnder colour of religon adding that it was not pious to put the Kingdomes of Spaine and France lately ioyned in friendship in danger of a bloody warre for this cause He said moreouer that the Queene hauing many Fees in France shee could not by the rights and priuiledges of that Kingdom be compelled to appeare either in person or by Proctor adding many examples of Princes and Popes who haue proceeded with due and lawfull moderation Hee touched the forme of the citation by Edict a thing not heard of in former times inuented by Boniface the eighth and as too hard and vniust moderated by Clement the fifth in the Councell of Vienna He said that such citations could by no meanes take place but against the inhabitants to whom the accesse is not secure and that the Queene remayning in France a great iniurie was done to him and the Kingdome by vsing that forme as also was done by exposing to prey and granting to the Vsurpers the Fees she holdeth in France the right whereof belongeth to him And euery one marueiled hee said that his Holinesse who did fauour so affectionately the cause of King Antonie while he liued in being his mediator with the King of Spaine would now oppresse his children and widow But he complained most of all that so many Kings Princes and cities hauing departed from the Church of Rome with in fourtie yeeres hee had not so proceeded with any other which shewed well that he did it not for the good of her soule but for other ends Hee wished his Hol. to consider that power was giuen to Popes for saluation of soules not to depriue Princes of their States nor to order any thing in earthly possessions which hauing beene formerly attempted by them in Germanie did much trouble the publike quiet Hee intreated the Pope to reuoke all his Actes against the Queene protesting that in case hee would not hee would proceede to those remedies which his predecessours haue vsed Hee complained also of the cause of the Bishops and commanded his Ambassador And with the Bishops that declaring vnto him the ancient examples the liberties and immunities of the French Church and the authoritie of the Kings in causes Ecclesiasticall he should pray the Pope not to make any innouation Monsieur d' Oisel performed this office with great vehemencie and after many treaties with the Pope obtained of him to speake no more either of the Queene or of the Bishops But in Trent the Session being ended and matters well agreed on betweene the Legates and Loraine and the businesse imparted to the principall Papalins Otranto Taranto and Parmaâ— as also to the Emperours Ambassadours The Card of Loraine publisheth y e desseigne to finish y e Councell Loraine began to publish their deseigne that the Councel might bee finished with one Session more Hee sayd hee could not bee in Trent at Christmas that himselfe and all the French Bishops must depart before that time that hee desired to see the Councel ended and was loath to leaue so honourable an assembly but that hee could not otherwise doe beeing commanded by the King The Imperialists also did publish in the Councell that the Emperour did desire the dispatch and that the King of the Romanes did write that his desire was it should bee finished by Saint Andrewes day or at the longest in the beginning of the next moneth by all meanes And indeede that King not to please the Pope but because it was his opinion did sollicite the conclusion For beeing to hold a Diet hee was not willing his Father should haue Ambassadours in the Councell and said that if that were shut vp the affaires of Religion in Germanie would bee in farre better case The greater part of the Fathers were glad to heare this and Morone making a Congregation in his house the fifteenth of Nouember of the Legates two Cardinals and fiue and twenty Bishops the principall of euery Nation hee proposed that the Councell hauing beene assembled for the necessities of Germanie and France and now the Emperour King of the Romanes Cardinall of Loraine and all Princes desiring that it should bee finished they would speake their opinion concerning the concluding of it and the manner Loraine sayd it was necessary to finish it not to hold Christendom in suspence any longer to shew the Catholikes what they ought to beleeue and to take away the
a nullitie in the profession shall not bee heard after fiue yeeres from the first day thereof and shall alleadge the cause before the Superiour and Ordinarie before hee depose the habit and none shall goe to a more large religion nor haue leaue to weare the habit secretly 20. The Abbats and Heads of the Orders shall visit the Monasteries subiect vnto them though but by Commenda and the Commendataries shall be bound to execute the Ordinations and in those Priors and Superiours who haue spirituall gouernement shall bee created by the Chapters or visiters of the Orders 21. That the Synode doeth desire to restore discipline in all Monasteries but seeth it is impossible in regard of the stiffenecked and difficult age yet they will not omit to vse meanes that hereafter prouision may bee made therein and doe hope that his Holinesse as farre as hee shall see the times will comport will prouide that a Regular professed person shall bee made gouernour of Monasteries commended and those that shall bee vacant hereafter shall not bee conferred but vpon Regulars and those who haue Monasteries in Commenda and are Heads of Orders if prouision bee not made within sixe moneths of a Regular successor they shall make prouision or quit the place otherwise the Commendaes shall bee vacant And in the prouision of Monasteries the qualitie of euery one shall bee expressed by name otherwise the prouision shall bee accounted surreptitious 22. That it shall bee vnderstood that all Regulars are subiect to these Decrees notwithstanding any priuiledge though by foundation commanding Bishops and Abbats to execute them immediatly and praying and commanding Princes and Magistrates to assist them as often as they shall be required The reading of the generall reformation did presently follow which The generall reformation after an exhortation to Bishops for exemplary life modestie in apparell and food and frugality doth forbid 1. That they shall giue to their kinred or any of their family any part of the reuenues of the Church except they bee poore extending the same to all beneficed persons secular or regular and also vnto Cardinals 2. That the Bishops shall in the first Prouinciall Councell receiue the Decrees of this Synod of Trent promise obedience to the Pope Anathematize the heresies condemned and euery Bishop promoted hereafter shall doe the same in the first Synod and all beneficed men who are to assist in the Diocesan Synode shall doe the same therein Those who haue the care of Vniuersities and studies generab shall endeauour to make the Decrees to be receiued in them and the Doctours to teach the Catholique faith in conformitie of them and shall take a solemne oath herein euery yeere And for those which are immediatly subiect to the Pope his Holinesse will haue care that they be reformed in the same manner by his Delegats or as hee shall thinke fit 3. That howsoeuer the sword of excommunication is the sinew of Ecclesiasticall discipline profitable to keepe men in obedience it is to be vsed with sobriety and circumspection hauing found by experience that it is more contemned then feared when it is denounced rashly for a small cause Therefore it shall not be denounced by any but by the Bishop for things lost or stollen who shall not grant it at the perswasion of any secular authority whatsoeuer though a Magistrate And in iudiciall causes in which a reall or personall execution may bee made they shall abstaine from censures and in ciuill belonging in what manner soeuer to the Ecclesiasticall Court they may vse pecuniary punishments or proceed by distraining of goods or imprisonment of the parties themselues with their executors or others and in case they be not able to execute really or personally they may proceed to excommunication And the same shall be obserued in criminall causes The secular Magistrate shall not prohibite the Ecclesiasticall to excommunicate or reuoke excommunication vpon pretence that the Decree hath not beene obserued The person excommunicated shall not onely not be receiued to participate with the faithfull but if he perseuere in the censures he may be proceeded against as suspected of heresie 4. It doth giue power to the Bishops in the Diocesan Synods and to the Heads of the Orders in the generall Chapters to ordaine for their Churches that which shall bee for the honor of God and benefite of them when there shall be an obligation to celebrate so many Masses by testamentarie legacies that they cannot bee performed or that the almes is so small that none can bee found to performe the charge but with condition that memory be alwaies made of those parties deceased who haue left the legacies 5. That in the collation or any other disposition of Benefices no derogation bee made to the qualities conditions and charges required or imposed in the erection or foundation or by any other constitution otherwise the prouision shall bee accounted surreptitious 6. When the Bishop not in time of visitation doth proceed against the Canons the Chapter shall elect two in the beginning of euery yeere by whose councell and consent the Bishop shall proceed in all the acts and the voyces of both shall bee as one and in case they both dissent from the Bishop a third shall bee elected by them who shall determine the controuersie and if they cannot agree the third man shall bee elected by the next Bishop But in causes of concubinaries or other more hainous the Bishop may receiue information alone proceed to retention and for the residue shall obserue what is ordained The Bishop shall haue the first seate in the quire Chapter or other publique places and shall choose his place The Bishop shall preside in the Chapter except in cases belonging to him or his which authority shall not bee communicated to his vicar and those who are not of the Chapter shall in causes Ecclesiasticall be all subiect to the Bishop and where Bishops haue more iurisdiction then the aforesaid the Decree shall not haue place 7. Heereafter no regresse or accesse to any Ecclesiasticall benefice shall bee granted and those which be granted already shall neither bee extended nor transferred and herein the Cardinals shall be comprehended also Coadiutors with future succession shall not be made in any Ecclesiasticall benefices whatsoeuer and if in Cathedrall Churches or Monasteries it shall be necessary to doe it the cause shall first be knowen by the Pope and the due qualities shall concurre 8. All beneficed men shall vse as much hospitality as their reuenue will giue them leaue and it doth command those who haue the gouernement of Hospitals vnder what title soeuer to exercise it as they are bound by the reuenues deputed hereunto and if persons of that sort as the institution doth require be not found in the place the reuenues shall be conuerted to a pious vse as neere as can be to that as shall seeme good to the Bishop with two of the Chapter And those who will not giue
satisfaction in this charge of hospitality may be compelled though they be Laikes by censures and other remedies to performe their duety and shall be bound to the restitution of fruits in court of conscience and such gouernements shall not begiuen hereafter to any for longer time then three yeeres 9. The title of Patronage shall be shewed to be authenticall by foundation or donation or by presentations multiplied time out of mind or by some other lawfull manner But in persons and communities in whom vsurpation is vsually presumed the proofe shall be more exact and time immemoriall shall not suffice except presentations of fiftie yeeres at the lest bee authentically shewed and that they haue all taken effect Other sorts of Patronages shall be vnderstood to be abrogated except those of the Emperour Kings possessours of Kingdomes and supreme Princes and of generall studies The Bishop may refuse to admit those that are presented by the Patrons if they be not fit and the Patrons shall not meddle with the fruits neither shall the right of Patronage be transferred against the canonicall ordinations and the vnions of simple benefices to those which haue right of patronage if they haue not really taken effect shall wholly cease and the benefices shall be reduced to liberty and those that haue beene made within fourtie yeeres though they haue beene executed shall be reuiewed by the Bishops and if any defect be found shall be made void and likewise all Patronages shall bee reuiewed made within fourty yeeres for augmentation of dowrie of the Church or for building it anew and if they shall not bee found to bee for the euident vtility of the benefice they shall bee reuoked and that shall bee restored to the Patrons which is due vnto them 10. That in Prouinciall Councels or Diocesan foure persons at the least shall bee elected endowed with fit qualities to whom Ecclesiasticall causes shall bee committed which are to bee delegated by the Legates Nuncij or Apostolique Sea and all other delegations shall bee thought to bee surreptitious 11. Money shall not bee receiued before hand for Ecclesiasticall goods in preiudice of the successours nor Ecclesiasticall iurisdictions rented out neither shall the Farmours of them haue power to exercise them and the farming of Ecclesiasticall things though confirmed by the Pope done within thirtie yeares for a long time that is for twenty nine or more yeares ought to be iudged by the Prouinciall Synod to haue bin done with dammage of the Church 12. Those who are bound to pay tenthes shall pay them hereafter to whom they are intirely obliged and he that with holdeth them ought to bee communicated and not to be absolued before restitution And it exhorteth all to whom God hath giuen wealth to impart some of it to Bishops and Priests who haue poore Churches 13. Whereas the fourth of the funerals was vsually paid vntill within these forty yeeres vnto the Episcopall or Parish Church and was afterwards graunted to pious places it shall bee restored to them againe 14 It doeth forbid all Clearkes to keepe Concubines or any suspected women at home or abroad which if they forbeare not to doe after admonition they shall bee depriued of the third part of their Ecclesiasticall rents of all after the second admonition and suspended also from administration of the Sacraments and in case they perseuere they shall be depriued of all Benefices and made vncapable of any other vntill they shall bee dispensed with and if after they haue forsaken them they shall returne they shall bee excommunicated also and the cognition of these causes shall belong onely to Bishops summarily But Clearkes not beneficed shall bee punished with imprisonment suspension or inhabilitie And if the Bishops themselues shall fall into the like errour and not amend after admonition giuen by the Prouinciall Synod they shall bee susspended and if they perseuere they shall bee delated to the Pope 15 The sonnes of Clearkes not borne of lawfull matrimony shall not haue any Benefice or ministery in Churches where their fathers haue or haue had a Benefice nor haue any Pensions in Benefices which the fathers either haue now or haue had and if at any time the father and sonne shall bee beneficed in the same Church the sonne shall bee bound to resigne within three moneths prohibiting also resignations which the father shall make to another that hee may resigne his owne to his sonne 16. Benefices with cure shall not bee conuerted into simple Benefices and in those which are conuerted already if the perpetuall Vicar hath not a conuenient rouenue it shall bee assigned to him at the pleasure of the Bishop 17. Whereas some Bishops carry themselues basely towards the Ministers of Kings men of preheminence and Barons as well in the Church as without and not onely giue them place with too much indignity but serue them in person the Synod detesting this and reuiuing the Canons concerning the Decorum of Episcopall dignitie doeth commaund Bishops to forbeare this and regard their Decree both in Church and without remembring they are Pastors and also commaundeth Princes and others to giue them honour and reuerence due to fathers 18. The Canons shall be obserued indistinctly by all and shall not bee dispenced but for a cause heard with maturity and without cost 19. The Emperour Kings and Princes who shall grant duell betweene Christians shall be excommunicated and depriued of the dominion of the place in which the duell is committed if they hold it from the Church and the Combattants and Iudges of the combat shall bee excommunicated haue their goods confiscated and be perpetually infamous and if they die in the duell they shall not bee buried in any sacred place and those who giue them counsell either in iure or in facto or perswade them to the duell and the lookers on shall bee excommunicated 20. In The reformation of Princes the end the Article of Ecclesiasticall libertie or reformation of Princes which had beene so much examined was read In it the Synod doeth admonish secular Princes hoping they will grant to the Church the restitution of her rights reduce their Subiects to reuerence the Cleargie and not permit their officers and inferiour Magistrates to violate the immunitie of the Church and Ecclesiasticall persons but that together with themselues the Princes they will be obedient to the constitutions of the Pope and of Councels determining that all constitutions of generall Councels of the Apostolike Sea in fauour of Ecclesiasticall persons and libertie shall bee obserued by all admonishing the Emperour Kings Republiques Princes and all to reuerence the things that belong to Ecclesiasticall right and not to suffer them to be violated by inferiour Lords their Magistrates or Ministers that the Clerkes may reside and performe their dutie without impediment and with edification of the people After this a Decree was read neuer mentioned A Decree concerning the Apostolike Sea neuer mentioned before in any Congregation by which
prooued For Churches haue no temporall goods but granted by the seculars who can not bee presumed to grant them so as that they may bee managed and dissipated at the pleasure of the Ecclesiastiques by which meanes it ought to bee presupposed that euery benefice had a Patrone from the beginning of it except an absolute donation with a totall cession of the patronage can be shewed And as the Common-wealth or Prince doth succeed him that hath no heire so all benefices the Patronage of which doeth not belong to any ought to bee vnder the publique patronage Some mocked that forme of speech that benefices which had Patrons were in seruitude and the others free as if it were not plaine seruitude to bee vnder the disposition of the Court of Rome which doth manage them contrary to the institution and foundation whereas the seculars doe preserue them Besides the censure of some decrees for this cause they added that others were against the customes and immunities of the French Church as the reseruation of great criminall causes against Bishops to the cognition of the Pope alone taking away the power of Prouinciall and Nationall Councels which haue alwaies adiudged them in all cases and burthening the Bishops by forcing them to litigate out of the Kingdome contrary not onely to the custome of France but to the Canons of ancient Councels also which haue determined that such causes should bee iudged and ended in their proper Countries They saide it was against iustice and the vse of France that benefices should bee clogged with Pensions and Reseruations of Fruits as was obliquely determined Likewise that it was not tolerable that causes of the first instance should be taken out of the Kingdome by the Pope because it taketh away a very ancient vse confirmed by many constitutions of Kings Neither could it bee iustified by the exception of vrgent or reasonable cause experience of all times hauing shewed that all causes may bee taken out of the Kingdome by this pretence For hee that would dispute whether the cause were vrgent or reasonable doeth enter into a double charge and difficulty because not onely the principall cause but that Article also must be discussed in Rome They did by no meanes approoue that the possessing of immoueables should bee granted to begging Friars and sayd that they hauing been receiued into France with that institution it was iust that they should bee maintained in the same state that this was a perperuail Artifice of the Court of Rome to take goods out of the hands of seculars and to draw them into the Clergie and afterwards to Rome that the Munkes did first gaine credit by pretence of the vow of pouerty as if they aimed at no temporall thing but did all in charity for the good of the people afterwards hauing gained reputation the Court do the dispence with them for their vow by which meanes the Monasteries being made rich are giuen in Commenda and finally all commeth to the Court. To this they added an exhortation in the twelfth article made to all the faithfull to giue largely to Bishops and Priests which had beene good in case they did serue the people as they ought and were in need For so Paul doth exhort that hee that is instructed in matters of faith should giue some part of his goods to him that doth instruct him But when hee that beareth the name of a Pastor doth intend rather any other thing then to instruct the people the exhortation is not fit and the rather because Ecclesiasticall goods formerly were for maintaining the poore and redeeming slaues for which cause not the immoueables only but euen the very ornaments of the Church and holy vessels were sold But in these last times it is prohibited to doe it without the Pope which hath enriched â—he Clergie exceeding much In the Mosaicall law God gaue the tenth to the Leuites who were the thirteenth part of the people prohibiting that any more should be giuen vnto them but the Clergie now which is not the fiftieth part hath gotten already not a tenth onely but a fourth part and doth still proceed and gaine vsing also many Artifices therein They said that Moses hauing inuited the people to offer for the fabrique of the Tabernacle when as much was offered as did fuffice did forbid them in the name of God to offer any more but here no end will bee found vntill they haue gotten all if men will continue in the lethargie If some Priests and religious persons bee poore it is because others are excessiuely rich and an equall diuision would make them all rich abundantly But to omit these so euident considerations if they did exhort the people to assist the poore Bishops and Priests in their necessities it would bee tolerable but to say they should bee assisted to maintaine their dignitie which is their pride and luxurie doth signifie nothing but that they are quite without shame It is true that in exchange another Decree was made in the eighteenth Article infauour of the people that dispensations should be giuen graâ—is which beeing commanded by CHRIST and not obserued there was no hope that this Decree would doe any more good These things being obiected to the Cardinall of Loraine that hee had authorized them against the expresse commandement of the King in his letters of the twentie eighth of August before mentioned hee defended himselfe in one word onely that in the Congregation of the tenth of Nouember the The defence of the Card of Loraine Decrees being read to bee published in the Session the next day the rights and authority of the French King and priuiledges of the Gallican Church were reserued Whereunto Monsieure le Feure replied that himselfe and his colleague hauing vsed all diligence to haue a copie of that Decrce they could neuer obtaine it and that in humane affaires not to appeare was as much as not to bee Besides this did not serue to excuse the things published in the last Session But that which was saide concerning the Synode in the Councels of the King and Parlament was nothing to that which the Bishops and Diuines and their seruants also according to the French libertie did relate to euery one vpon all occasions making iests at the discords and contentions betweene the Fathers at the practises and interests with which the matters of reformation were handled And those who were most familiar with the Cardinall of Loraine spake most of all And The censure made by the French BB. of the Councell after their returne into France A Prouer be made in France concerning the Councell it passed in France in manner of a Prouerbe that the moderne Councell had more authoritie then that of the Apostles because their owne pleasure onely was a sufficient ground for the Decrees without admitting the holy Ghost But in Germany the Decrees of reformation were not thought considerable neither by the Protestants nor by the Catholiques The Protestants did examine the
certaine that single life is better in the Clergie and more to be desired but that in respect of the fragilitie of nature and difficulty to bee continent there are but few who doe not feele the prickes of the flesh Therefore Eusebius relateth that Dionysius did admonish Quintus the Bishop that hee should consider of the weakenesse of the maior part and not lay the burthen of single life vpon the brethren And Paphnutius in the Councell of Nice saying that the vse of ones owne wife was chastitie perswaded the Councell not to impose the law of single life And the Synod of Constantinople did not for bid the vse of wiues but in the time when they were to offer sacrifice That if euer there were cause to permit matrimony vnto Clerkes it was in that age That amongst fiftie Catholike Priests hardly one can bee found that is not a notorious fornicator That not the Priests onely desire matrimonie but the Seculars also that they may not 〈◊〉 such beastly behauiour and the Patrons of Churches will not giue the benefices but to married men That there is great want of Ministers onely for the prohibition of Matrimonie That the Church hath formerly remitted the seueritie of the Canons for this cause alone That the Pope did confirme a Bishop in Saragosa who had a wife and children and a Deacon who had been twice married and committed the Sacrament of Confirmation to simple Priests in defect of a Bishop Therefore many Catholiques did then and doe now thinke better to dispence with the law of continencie then by retaining it to open a gate to vncleane single life leauing marriage free for all and the rather because Cardinall Panormitan doeth hold that it would bee good for the saluation of soules to grant Matrimonie and that there are examples of the old Church and in the Anciran Councell of Adam and Eupsychius Cesariensis Priests That it is certaine that the Pope may dispence with Secular Priests which some also extend vnto Regulars That it seemeth a great absurditie not to admit married Clerkes and to tolerate fornicators and to remooue both would bee as much as to remaine without Ministers and that if they ought to be bound to the vow of chastitie none should be ordained but old men That it is not a good reason to retaine single life with the teeth to preserue Ecclesiasticall goods it not being iust in respect of temporall things to make shipwracke of soules Besides prouision might bee made herein by some other meanes which being done concubinate would be banished out of the Church and the scandall which offendeth many taken away The Pope considering these remonstrances was of opinion to call to Rome pious and learned men of all Nations to handle this point with maturity and spake of it to the Ambassadours residing with him But Cardinall Simoneta did disswade saying it would bee a kinde of Councell and that if men should come out of France Spaine Germanie and elsewhere they would bring intelligences and instructions of Princes and would be gouerned and speake according to their interests and that when his Holinesse would be quit of them he could not doe it at his pleasure that if he did not follow their opinion it would distaste the Princes that he should remember what troubles the Councel put him to and not fall into the like dangers The Pope thought the counsell was sincere and profitable and therefore thinking no more of strangers he deputed nineteene Cardinals giuing them order to examine diligently the writing that came out of Germany The twelfth of March the Pope made a promotion of nineteene Cardinals A promotio◠of 19. Cardinals for reward of the great seruice they did him in Councell in which hee resolued not to comprehend any of those who held the Residence and Institution of Bishops to bee de iure diuino howsoeuer their qualities might otherwise deserue the degree and did not forbeare to discouer so much to all sorts of persons vpon euery occasion He created Marcus Antonius Colonna Archbishop of Taranto Aluise Pisano Bishop of Padua Marcus Antonius Bobo Bishop of Aosta Hugo Buon Compagno Bishop of Bestice Alexander Sforza Bishop of Parma Simon Pasqua Bishop of Serzana Carlo Visconte Bishop of Vintimiglia Franciscus Abondius Bishop of Bobio Guido Ferrier Bishop of Vercelli Iohannes Franciscus Commendone Bishop of Zante Gahriel Paleotto Auditor of the Rota all which had laboured faithfully in Councell for the seruice of his Holinesse To these hee added Zacharias Delphinus Bishop of Liesina who beeing resident with the Emperour tooke no lesse paines for concluding the Councell then the others had done in Trent TO THE READER Courteous Reader NOw that thou hast perused this History I intreat thee to reade ouer these small parcels following The first is an Epistle of S. Gregorie the great who was Bishop of Rome about sixe hundred yeeres after CHRIST and was as learned and as consciencious as any that preceded in that Sea or that followed after Thou canst not but perceiue that howsoeuer hee ascribeth to S Peter as much preheminence as any other ancient writer hath done if not more yet hee doth renounce in most ample tearmes or rather abominate that swelling Antichristian power which was then chalenged by Iohn the Patriarch of Constantinople but long since hath been practised by the Bishops of Rome and neuer more nor more preiudicially to the Church Catholique then in this pretended Councell of Trent And that thou mayst not wonder how these Bishops could sore so high as to bee at last aboue Kings and Emperours to whom S. Gregorie and his predecessours professed and performed all duetifull obedience and seruice I haue tendred vnto thee in the next place three seuerall passages out of the Historie of Francis Guicciardine a famous Florentine who knew their practises as well as any and hath dared to relate them plainly The Papalins haue been so wise in their wicked generation as in all late Editions to cause them to bee left out thereby the better to conceale their vniust vsurpations against both Ecclesistiques and Laiques Now lest any might vncontrolably say that howsoeuer they might bee faulty at other times yet those were worthy who gouerned the Sea of Rome when this Councell was assembled to cleere the trueth concerning these looke ouer the passages following taken out of some Epistles written by men of great esteeme who resided in the Councell and gaue account to their Superiours of all that passed or by their Superiours to them backe againe By these it will appeare that the spirit of Antichrist and not the holy Ghost did gouerne in it They shew the practises of Rome to be so grosse and so abhominable that thou mayest easily beleeue that * Invita Pauli 3. Papirius Massonius a Popish writer had iust cause to say speaking of the Popes who liued in the time of this Councell In pontificibus nemo hodiè sanctitatem requirit optimi putantur si vel leuitêr mali
sint vel minus boni quam caeteri mortales esse solent Englished thus No man expects any sanctitie in Popes now a dayes they are thought to be excellent Popes if they haue neuer so little honestie or be not so wicked as other men vse to be Last of all thou mayest reade an Epistle written by that famous Prelate Bishop Iewell as an answere to a friend of his who liued neere the place and in the time of this vnlawfull assembly or conuenticle at Trent In it thou mayest finde reason enough why the Church of England did neither send Prelates to it nor receiue afterwards the Decrees and Constitutions of it As likewise the Church of France refused to doe though their Bishops were present in it When thou hast read these things consider well of them and the Lord giue thee a true vnderstanding in all things GREGORIE GREGORIE to the Emperour MAVRICIVS concerning IOHN Bishop of Constantinople who hath assumed the name of Vniuersall Bishop Chap. 76. OVrmost religious Lord whom God hath placed ouer vs Ep. 32. amongst other weighty cares belonging to the Empire doth labour by the iust rule of holy writ to keepe the Clergie in peace and charitie Hee truely and piously considereth that no man can well gouerne matters terrene except he can manage well things Diuine also and that the Common-wealths peace and quiet depends vpon the tranquillity of the Church Vniuersall For most gracious Souereigne what humane power or strength would presume to lift vp irreligious hands against your most Christian Maiestie if the Clergie being at vnitie amongst themselues would seriously pray vnto our Sauiour CHRIST to preserue you who haue so well deserued of vs or what Nation so barbarous as would exercise such cruelty against the faithfull except the liues of vs who are called Priests but indeede are not were most depraued and wicked But whilest we leaue those things which belong not vnto vs and imbrace those things for which wee are not fitte wee raise the Barbarians vp against vs and our offences doe sharpen the swordes of our enemies by which meanes the Common-wealth is weakened For what can wee say for our selues if the people of God ouer whom wee are though vnworthily placed bee oppressed by the multitude of our offences if our examples destroy that which our preaching builds and our works giue as it were the lye to our doctrine Our bones are worne with fasting but our mindes are puft vp Our bodies are couered with poore clothing but in our hearts wee are as braue as may be We lie groueling in the ashes but ayme at matters exceeding high Wee are teachers of humilitie but patternes of pride hiding the teeth of wolues vnder a sheepes countenance The end of all is to make a shew to men though God knoweth the trueth Therefore our most pious Souereigne hath been most prudently carefull to set the Church at vnitie that hee might the better compose the tumults of warre and to ioyne their hearts together This verily is my desire and doe yeeld for my part due obedience to your souereigne commands Howsoeuer in regard it is not my cause but Gods and for that not I onely but the whole Church is troubled because religious Lawes venerable Synods and the very precepts of our Lord IESVS CHRIST are disobeyed by the inuention of a proud and pompous speech my desire is that our most Religious Souereigne would lance this sore and would tie the partie affected with the cords of his Imperiall authoritie in case hee shall make his resistance By binding of 〈◊〉 the Common-wealth is eased and by the paring away of such excremen 〈…〉 as these the Empire is inlarged All men that haue read the Gospel doe know that euen by the very words of our LORD the care of the whole Church is committed to S. Peter the Apostle Prince of all the Apostles For to him it is sayd a Iohn 21. Peter louest thou me Feede my sheepe b Luke 22. behold Satan hath desired to winnow thee as wheate and I haue prayed for thee that thy faith should not faile and thou being at the last conuerted confirme thy brethren To him it is said c Matt. 16. Thou art Peter and vpon this rocke I will build my Church and the gates of hell shall not preuaile against it And to thee I will giue the Keyes of heauen and whatsoeuer thou bindest on earth shall be bound also in heauen and whatsoeuer thou shalt loose on earth shall bee loosed also in heauen Behold he hath the Keyes of the Kingdome and the power of binding and loosing is giuen vnto him The care and the principalitie of the whole Church is committed to him and yet is not called Vniuersall Apostle howbeit this most holy man Iohn my fellow Priest laboureth to bee called Vniuersall Bishop I am inforced to crie out and say Oh corruption of times and manners Behold the Barbarians are become Lords of all Europe Cities are destroyed Castles are beaten downe Prouinces depopulated there is no husbandman to till the ground Idolaters doe rage and domineere ouer Christians and yet Priests who ought to lie weeping vpon the pauement and in ashes desire names of vanitie and doe glory in new and profane titles Doe I most Religious Souereigne pleade herein mine owne cause Doe I vindicate a wrong done to my selfe and not maintaine the cause of God Almighty and of the Church Vniuersall Who is hee who presumeth to vsurpe this new name against both the law of the Gospel and of the Canons I would to God there might bee one called Vniuersall without wronging of others We know that many Priests of the Church of Constantinople haue been not onely heretiques but euen the chiefe leaders of them Out of this schoole proceeded Nestorius who thinking it not to be possible that God should be made man did beleeue that IESVS CHRIST the Mediatour betweene God and man was two persons and went as farre in Infidelitie as the Iewes themselues Thence came Macedonius who denied the holy Ghost consubstantiall to the Father and the Sonne to be God If then euery one in that Church doth assume that name by which hee maketh himselfe the head of all good men the Catholique Church which God forbid must needes bee ouerthrowen when hee falleth who is called Vniuersall But let this blasphemous name be farre from Christians by which all honor is taken from all other Priests while it is foolishly arrogated by one It was offered to the Bishop of Rome by the reuerend Councell of Chalcedon in honour of S. Peter Prince of the Apostles but none of them either assumed or consented to vse it lest while this priuiledge should be giuen to one all others should bee depriued of that honour which is due vnto them Why should we refuse this name when it was offered and another should assume it without any offer at all This man contemning obedience to the Canons is the rather to be humbled
Soldans of great Caire is the most like in all the world to this of the Bishops of Rome For neither the dignitie of the Soldans nor the honors of the Mammalukes are hereditarie but passing from one familie to another doe sometimes fall vpon strangers But the seruilitie of the Romans is more base then that of these Egyptians and Syrians For the infamie of these is somwhat couered in that the Mammalukes are warlicke and valiant men accustomed to labour and wholy auerse from pleasures But whom doe the Romanes serue marrie idle and slouthfull persons strangers and such as many times are as base for their descent as for their maners It is high time to awake out of this lethargie and to remember that to be a Roman is a most glorious name when it is accompanied with virtue and that their shame is doubled who haue forgotten the honor and renowne of their ancesters They haue now a most fit oportunitie to free themselues For when the Pope dieth the Cardinals are disunited the Grandies are of diuers factions Italie is full of armes and tumults and the Papall tyrannie is now 〈◊〉 more odious to all Princes then euer it was before In a Letter of Monsieur de LANSAC the French Ambassador resident in the Councell of Trent written to the King his Master WEe haue not as yet proposed the articles of Reformation because we well perceiue that they will giue eare to nothing that may hinder the profit and authoritie of the Court of Rome Besides the Pope is so much master of this Councell that his Pensioners whatsoeuer the Emperors Ambassadors or wee doe remonstrate vnto them will doe but what they list In a Letter of Monsieur de PIBRAC the French Ambassador in the said Councell to the Queene mother MY Lords the Legates together with the Italian Bishops which came from Rome made a kind of Decree that nothing should be This was done that nothing might be moued in the Councell to diminish the Popes greatnesse proposed for the Fathers to consult of but by the Legats onely or at the least nothing but what pleased them This we haue seene obserued euen to the shutting vp of the Councell In another place of the same Letter MAdam that they may the better keepe the power which they haue to be the only men that may propose and put into consultation what pleaseth them they hould it for a matter alreadie determined that the Ambassadors of Princes may not make any remonstrances in the assembly of the Prelats fearing perhaps that if they were heard and vnderstood by the Fathers they might yeeld to their demands especially beeing reasonable In a Letter of Queen Mother to Monsieur de LANSAC IF the promises which the Legats doe make vnto you and the opinion which I haue of their dignitie and integritie do compel mee to hope for some good from the Councell on the other side that which I haue hitherto obserued concerning their manner of proceeding quite contrarie to their words makes mee feare that this whole Councell of ours is nothing but a faire appearance of flours without any fruit or amendment at all The King of France in a Letter to the Lords du FERRIER and PYBRAC his Ambassadors in the Councell MY Lords as far as I perceiue by your Letters of the eleuenth of this moneth I am quite out of all hope of that which I expected from the Councell in case the Fathers doe proceed to determine of the * These were Articles for the Reformamation of Secular Princes which the Legats set on foote to hinder the proposing of the Articles for the reformation of the Ecclesiastiques Articles which they haue been pleased to communicate vnto you This would be to pare the nayles of Kings and let their owne grow c. In a Letter to the King of France by the Lords du FERRIER and de PYBRAC his Ambassadors in the Councell September 25. 1563. OF an hundred and fiftie Prelats which then were present in the Councell a whole hundred had * A conspiracie in y e Councel to hinder the reformation of the Ecclesiastiques conspired together and subscribed as the said Legats haue assured vs not to vote any Article of the said reformation vntill the Articles of Princes were proposed and giuen to the Fathers This hath not onely beene done but it hath been done more rigorously contrarie to all law both diuine and humane then at the first c. ANDREW DVDITHIVS Bishop of Fiue Churches in an Epistle to MAXIMILIAN 2. Emperour in which he deliuereth his opinion about the ministring of the Cup to the Laitie and the mariage of Priests WHat good could bee done in that Councell in which the votes were not weighed but numbred If goodnesse of the cause if reason had been the weapons to fight withall though wee were but few wee had vanquished a great armie of our enemies But seing that number only came into the field in which we were far inferiour to them though our cause were good wee could not possibly preuaile The Pope had an hundred for one and in case those had not been enough he could haue created a thousand more to haue helped at a need We dayly saw hungrie and needie Bishops come to Trent youths for the mostpart which did but begin to haue beards giuen ouer to luxurie and riot hired only to giue their voice as the Pope pleased They were both vnlearned and simple yet fit for the purpose in regard of their impudent bouldnesse When these were added to the Popes old flatterers iniquitie triumphed and it was impossible to determine of any thing but as they pleased who thought it to be the highest point of their religion to maintaine the authoritie and luxurie of the Pope There was a graue and learned man who was not able to endure so great an indignitie he was presently traduced as being no good Catholique and was terrified threatned and persecuted that he might approue things against his will in sum matters were brought to that passe by the iniquitie of those who game thither fitted and prepared that the Councell seemed to consist not of Bishops but of disguised maskers not of men but of images such as Deddas made that mooued by nerues which were none of their owne They were 〈…〉 ing Bishops who as Country bagpipes could not speake but as breath was put into them The holy Ghost had nothing to doe in this assemblie all the counsels giuen there proceeded from humane policie and tended onely to maintaine the Popes immoderate and shamfull domination Answeres were expected from thence as from the 〈◊〉 of Dolphes and Dodona the Holy Sp 〈…〉 which as they boast doth gouerne their Councels was sent from thence in a postilion's cloak-bag which in case of any inundations could not come thither a thing most ridiculous vntill the waters were asswaged So it came to passe that the Spirit was not vpon the waters as it is in Genesis but
houses and their cold Cottages which was all they had in the beginning So verely these men if they would deale plainely and lay aside their disguises and doe their duety and render euery one his owne they see they must come to their staffe and scrippe againe to sobrietie and modestie to the labours and function of the Gospell For they haue heard Austin say that The name of a Bishop is a name of worke not of worship and That they are no Bishops that would haue the preeminence aboue others but not benefit them And therefore they see that it is lesse expedient for themselues then for any sort of men to haue the Gospell spread wider and further propagated for they cannot bee safe if they will bee sound Therefore now they raise tumults and puzzle all as Demetrius the Smith did of old when hee saw that his hopes of gaine were cut Now therefore Councels are summoned the Abbats and Bishops are called to make a partie For this they thought the cunningest plot to spinne out the time for some yeeres to hold mens mindes in suspence with expectation many things as it vseth might fall out in the meane time Some Warre might be raised One of these Princes might die that this so sharpe edge of theirs for the Gospell might in processe of time bee dulled mens mindes might waxe coole In the meane while as one sayes somewhat will be done I hope 14 Long since the Persians hauing beene vanquished and led in triumph when as the Athenians had begun to repaire their walles which the Persians had layd leuell with the ground and the Lacedemonians had straitly interdicted them to the end that they might keep them the easier vnder their check Themistocles the Athenian Generall a wise man seeing the safety of his Countrey might be hazzarded promised that he would come to Lacedemon to confer with them about it So being vpon the way to spend time he faignes himselfe sicke that hee might dwell the longer vpon his iourney At length beeing come to Lacedemon hee began to make many cauils on set purpose Somtimes the couenants did not please him Somtimes hee demands time to aduise Sometimes hee must waite for his fellowe Ambassadours without whom nothing could bee done otherwise he must send Ambassadors to Athens In the meane time whilest he trifles the Athenians had walled their City round and if any force were offered were prouided of a defence So these men whilest they putt off from day to day and will haue all referred to Councels in the meane while they build vp their walls whilst we sitt idle looking after wee know not what that at the last when they haue made all safe they may shutt vs out wholly and neither Councell may be held nor any thing at all done 15 For it is worth the paines to obserue their trickes and fetches How often Councels haue been summoned and not met How often a poore rumor hath dashed all their preparation and all the expectation How often haue the Fathers made a stand vpon the sudden in the middest of their iourney How often haue the scarlet Counsailers slipped home in the middest of the Councell hauing done iust nothing and haue reiourned the next Session till the ninth or tenth yeere following How often haue they quarrelled with the ayre the victuals the place the time For the Pope onely assembles the Councels and hee alone dismisseth them when hee lists If any thing please him not or the businesse beginne to goe awry presently the solemne close of the Playes is heard Valete Plaudite Farewell and clap your hands A Councell is warn'd at Basil They meete from all parts in great numbers They fall earnestly vpon many matters Eugenius the Pope is cast by all the voyces as a Simoniacall and Schismaticall Person Amideus Duke of Sauoy is put in his place Eugenius as hee was to doe takes this indignely thinkes with himselfe that this might bee a dangerous president for posteritie That his power and strength was far aboue all Councels That a Councel could not meet but by his command nor determine of any thing but what hee pleased That it was an vngodly act to inquire into his life in a Conuenticle of Bishops Presently he cals backe the Councel to Ferrara in Italie afterwards translates it to Florence Why what doings is this I pray Did Eugenius thinke the climate would alter mens mindes or that the Holy Ghost would giue discreeter answers in Italie then he had formerly in Germany Nay nay in all those changes he sought not after CHRIST but his own benefit He saw that his enemy Sigismond the Emperor did ouertoppe him in Germanie both in power and in fauour And that those Fathers which had met at Basil if they were remooued out of those harsh and rough Countreys into Italie they might as trees when they are transplanted bee made more mellow For now adayes mercifull God! the intent or scope of Councels is not to discouer trueth or to confute falshood For these later ages this hath been the onely indeauour of the Popes to establish the Romane Tyranny to set warres on foote to set Christian Princes together by the eares to raise money sometimes for the Holy Land sometimes for the building of Saint Peters Church sometimes for other vses I know not what or rather abuses all which money was to be cast into some few bellies in gluttonie and lust And this hath beene the onely cause or course of Councels for some ages last past For of errours and abuses as if there were none at all nothing euer could bee handled 16 Peter de Alliaco made great complaint in the Councel of Constance concerning the couetousnesse and pride of the Court of Rome but what good did hee Was there any part of their controuersie or pride restrained by the authoritie of the Councel The same man sayes that Holy dayes and the flocks of idle Monkes ought in his opinion to bee lessened And another in a certaine Worke intituled Tripartite and ioyned to the Lateran Councel The whole world almost sayes hee speakes against it and is scandalized at the infinite multitude of beggerly Friars And the Fathers in the Councell of Lateran wee strictly commaund say they that for the future no man inuent a new religious order Since that time what hath been done for Holy dayes I know not it is probable that no abatement is made But for the Orders of Monkes they are infinitely multiplied For the last Popes haue added Iesuites Capuchins and Theatines as if there had not beene yet enough of these slow-bellies Iohn Gerson Chancellour of Paris exhibited in the Councell of Constance seuentie fiue abuses in the Church of Rome which hee did earnestly desire might bee reformed But of so great a number what one abuse did they take away Iohn Picus Mirandula writes to Pope Leo to abridge idle ceremonies and to restraine the luxurie of Priests The Bishops afterwards in the Lateran Councell sate in
Chalcedon it selfe which was one of those foure that Gregorie compares with the fower Gospells Pope Leo did not sticke to challenge it of vnaduisednesse 21 Therefore we see Councels haue been often opposite one to another And as Leo the Pope abrogated the Acts of Adrian Stephanus of Formosus Iohn of Stephanus And as Sabinian the Pope commanded all Pope Gregories writings to bee burnt as erronious and impious So wee see oftentimes that a later Councell hath repealed all the Decrees of a former The Carthage Councell decreed that the Bishop of Rome should not bee called either The High Priest or The chiefe of Priests or by any other the like name But following Councels haue stiled him not onely Chiefe Priest but also Chiefe Bishop and Head of the Catholique Church The Eliberine Councell decreed that nothing should be painted on the wals of Churches that ought of right to bee worshipped The Councell of Constantinople decreed that Images were not to bee suffered in Christian Churches On the other side the second Nicen Councell determined that Images were not onely to bee placed in Churches but also to bee worshipped The Lateran Councell vnder Pope Iulius the second was summoned for no other cause but to repeale the Decrees of the Pisan Councell So oftentimes the later Bishops oppose those that went before them and Councels damme vp one anothers lights For these men will not be tyed no not to their owne Councels but as far as they please and is commodious for them and wil bring grist to their Mill. The Basil Councel determined that a Councel of Bishops was aboue the Pope But the Lateran Councel vnder Leo decreed that the Pope was aboue the Councell And the Pope does not onely beare himselfe so but also commands him to be held for an heretike that shall thinke otherwise But yet all the Bishops and Abbats in the Councell of Basil say thus He that opposeth these truths is to be accounted an heretike How wil you behaue your selfe I beseech you Whatsoeuer you say or thinke either the Pope or the Councell will esteeme you an heretique All Popes for some ages last past haue opposed these trueths therefore all Popes that liued in these ages haue been Heretiques in the iudgement of the Councel of Basil The same Councell did with an vniforme consent remooue Pope Eugenius a Simoniacal and Schismaticall person and put Amideus in his place But Eugenius vilifies the Councels Decree and though hee were most Simoniacall and Schismaticall yet he continued to bee the Successor of Peter the Vicar of CHRIST and Head of the whole Church of GOD. Hee retained his former dignitie in despight of all their teeth and was magnificently carried as before vpon noble mens shoulders Amideus as one fallen from his horse walked on foote like a simple man and thought himselfe happie that of a Pope he was made a Cardinall The Councell of Trent commanded that Bishops should teach the people and that no one man should haue more then one Spirituall preferment at one time But they contrary to the Edict of their Councell accumulate Benefices and instruct not at all So they make Lawes but obey them not but when they list This is the esteeme they haue alwayes made of their owne Councels and the Decrees thereof 22 And why should wee hope for better successe at this present With what expectation or hope can any one come to the Councell Doe but thinke with your selfe what manner of men they bee vpon whose fidelitie learning and iudgement the weight of this whole Councell the discussing of all questions and the whole state of all things must lye and rest They are called Abbots and Bishops graue persons and faire titles men as it is beleeued of great importance for the gouernment of the Church of GOD. But take from these men their titles the persons they beare and their trappings there will nothing that belongeth to an Abbot or a Bishop remaine in them For they are not ministers of CHRIST dispensers of the mysteries of GOD they apply not themselues to reading or to preach the Gospell they feede not the flocke they till not the ground they plant not the Lords Vineyard nor kindle the fire nor beare the Arke of the Lord nor are the Ambassadours of CHRIST they watch not nor doe the worke of an Euangelist nor performe the duety of their ministery they intangle themselues with secular businesses they hide the Lords treasure they take away the keyes of the Kingdome of God they goe not in themselues nor suffer others they beate their fellow seruants they feede themselues and not the flocke they sleepe snort feast and ryot they are cloudes without water starres without light dumbe dogges slow bellies as Bernard sayth not Prelates but Pilats not Doctours but seducers not Pastors but imposters The seruants of CHRIST saith hee serue Antichrist The Popes will allow none but these to haue place and suffrage in the Councell The care and charge of Christ's Catholike Church must depend vpon their power and iudgement Vpon none but such as these doth Pope Pius relie But good GOD what manner of persons are they They hold it ridiculous to aske that question It is no matter say they how learned or how religious they bee what their aime is or what they thinke If they can sit vpon a Mule if they can ride through the streetes with pompe and with a noyse if they can come into the Councell and say nothing it is sufficient If you beleeue mee not and thinke I speake in iest heare what the facultie of Diuinitie and the whole Sorbone haue determined concerning this matter That which our great masters affirme say they concerning the due assembling of a Councell is to bee vnderstood thus that for the lawfull calling of a Councell it is sufficient that the forme of Law be solemnely obserued For if it should bee disputed whether the Prelates there assembled haue a good intention whether they bee learned especially in the Scriptures and are willing to obey wholesome doctrine it would proue an infinite businesse Those forsooth who fit mute like the statues of Mercurie not knowing what belongs to Religion will determine well concerning all points of Religion and whatsoeuer they say they cannot possibly erre 23 These are obliged to the Pope not through error and ignorance but by oath and religion So that although they should vnderstand the trueth they cannot without periurie make profession of it and are necessitated to breake faith either with God or man For this is the formal oath which they all take I N. C. Bishop will henceforward beare true faith to S. Peter and to the holy Apostolike Roman Church to my Lord the Pope N. and his successors which shall enter canonically I will not be a meanes either by word or deede that he may loose either life or member or be taken prisoner I will not reueale any counsell that hee shall impart vnto mee either by letters or message
Churches by a nationall Councell 31 For wee know that the spirit of God is tied neither to places nor to numbers of men Tel it to the Church saith Christ not to the whole Church spread ouer the world but to a particular which may easily meet in one place Wheresoeuer saith he two or three shall bee gathered together in my name there am I in the midst of them When Paul would reforme the Churches of the Corinthians and of the Galatians he did not command them to expect a Generall Councell but onely wrot vnto them that what error soeuer or vice was amongst them themselues should presently cutt it off So in times past when Bishops did sleepe or intended by-matters or did defile and pollute the Lords Temple God did alwaies extraordinarily rayse vp some men of great spirit and courage who made all well and sound againe 32 For our selues wee haue done nothing but with very good reason nothing but what wee sawe to bee lawfull and to haue beene practised by the Fathers of the primitiue Church without any reprehension at all wherfore wee called a full Synod of Bishops and by common consent of all sorts purged our Church as it were Augeus his stable of those excrements which either the negligence or the malice of men had brought in wee haue restored all things as much as possibly wee could to the ancient puritie of the Apostolicall times and the similitude of the primitiue Church This was iustly in our power to doe and because wee could doe it wee did it boldly 33 Here I thinke it fit that you should heare what Pope Gregory the first hath written concerning this matter which pleaseth mee the more because hee wrote it to Augustine Bishop of the English about the institutiō of the Church of England Hee exhorteth him not to call a Councell but to ordaine that which he himselfe in his own wisdome did thinke would most promote pietie and religion Your brotherhood sayth hee knoweth the Custome of the Romane Church in which you haue been brought vp It pleaseth mee to heare that you haue beene carefull to make choyce of as many things as you can finde acceptable to GOD either in the Church of Rome France or of any other that you may bring them into the English Church which is as yet but new in faith and as it were but now to bee framed For things are not to bee valewed because of the place where they are found but places are to bee valewed for the things that are in them 34 So the Fathers in the Councell of Constantinople write to Damasus Bishop of Rome and to the other Westerne Bishops You know say they that the old Decree and definition of the Nicen fathers concerning the care of particular Churches hath alwayes been in force that the husbandmen of the Lord's vineyard in euery Prouince taking their next bordering neighbours vnto them if they please should bestowe Ecclesiasticall honours vpon those whom they thinke will vse them well The Bishops of Africa wrote thus to Celestinus Bishop of Rome Let your Holinesse as becommeth you take away all wicked euasions of Priests and inferiour Clergie-men because none of the Fathers haue denied this to the Church of Africa And the Decrees of the Nicen Councell doe most plainely referre not onely meane Clergie men but euen the Bishops themselues to their Metropolitans For businesses are best ended in the places where they are neither is the grace of the Holy Spirit wanting vnto any Prouince Let this equitie be wisely obserued and constantly maintained by the Ministers of CHRIST 35 Eleutherius Bishop of Rome writeth to Lucius King of Britannie much better and more appositely to our present purpose You haue saith he desired that wee should send you the lawes of the Romans and of the Emperours that you may make vse of them in the kingdome of Britannie These lawes wee may abrogate when we will but the lawes of God we cannot You haue receiued by God's mercie into your kingdome of Britannie the law and faith of CHRIST you haue there the Old and the New Testament from them take through the grace of God lawes by a Councel of your owne kingdome and God permitting you instruct your kingdome of Britannie by them For you are Gods Vicar in that kingdome according to that of the Psalmist The earth is the Lords 36 What should I say more Victor Bishop of Rome held a prouinciall Synod at Rome Iustinian the Emperor commandeth that Synods if there were occasion should be held in euery Prouince protesting to punish them if they did not doe it Euery prouince saith Hierom hath peculiar maners and rites and conceipts which cannot be altered without a great deale of trouble What should I repeat those old prouinciall Councels at Eliberis Gangra Laodicea Ancyra Antioch Tyrus Carthage Mileuitum Tholouse Burdeaux This is no new inuention The Church of God was so gouerned before the Fathers met in the Nicen Councel men did not presently run to a general Councel Trophilus held a prouinciall Councel in Palestina Palmas in Pontus Irenaeus in France Bacchylus in Achaia Origen against Berillus in Arabia I omit many other National Councels held in Africa Asia Graecia Egypt without any order from the Bishop of Rome which Councels were godly Orthodox and Christian For Bishops in those times vpon the sudden if any occasion had been offred did prouide for the necessity of their Churches by a domesticall Councell and somtimes craued ayd from their neighbor Bishops so that they mutually helped one the other Neither did Bishops onely beleeue that the cause of Religion belonged to them but euen Princes too For to passe ouer Nabuchadnezar who commanded vpon paine of death that the name of the God of Israel should not be blasphemed to omit Dauid Solomon Ezekias Iosias who partly built partly purged the Temple of the Lord Constantius the Emperour put downe Idolatrie without a Councell and made a most seuere edict that it should be capitall to sacrifice to Idols Theodosius the Emperour caused the Temples of the heathen Gods to bee pul'd to the very ground Iouinian so soone as he was created Emperour made his first law for the restoring of banished Christians Iustinian the Emperour was wont to say that hee had no lesse care of Christian Religion then of his owne life When Iosua was made ruler of the people he presently receiued command concerning religion and the worship of God For Princes are nursing Eathers of the Church and keepers of both tables Neither is any greater cause that hath mooued God to erect politique States then that alwaies there might bee some to maintaine and preserue Religion and pietie 37 Princes therefore now a dayes doe more greiuously offend who indeede are called Christians but sit idly follow their pleasures and patiently suffer impious worships and contempt of God leauing all vnto their Bishops whom they know to make but a mocke of Religion as if the care of the
731 732 The Decree is read for sauing the Popes authoritie which was neuer mentioned before 812 The Popes authoritie whether it be necessary to confirme the Decrees of the Councell 812 Pope onely must interprete the Decrees of the Councell of Trent 818 Portugal Ambassadour is receiued in Congregation 476 Preaching claymed by the Regulars as belonging to them wich is denied by the Prelats 161 167 Precedence is claimed by Don Diego the Spanish Ambassadour before the Cardinall of Trent 114 117 By the Duke of Florence before the Duke of Ferrara 443 Princes of the blood in France haue precedence of the Cardinals 449 The Prelates in Trent differ about precedence 467 and so doe the Ambassadours of Portugal and Hungarie 480 Likewise the Bauarian and Venetian Ambassadors differ about precedence 501 and so doe the French and Spanish Ambassadors in Trent 663 In Rome 713 and againe in Trent 727 728 729 Predestination is discussed 210 211 c. Presidents sent by the Pope did neuer gouerne Councels before that of Constance 137 They gaue auricular voyces in Trent 616 Presidents named for the second reduction of the Councel in Trent 310 For the third reduction 444 445 The Presidents onely doe giue audience to the Ambassadours 553. Two new Presidents 681 Presidents of Councels what authority they haue 707 Priesthood and the decree concerning it 738 The Anathematisme belonging to it 739 Prince of Conde is imprisoned 436 Prince of Orange marrieth a daughter of the Duke of Saxonie 456 Proctors sent by the Vice-roy of Naples to giue voyce in Councel for all the Cleargie of that kingdome 118 The Pope decreeth that none shall giue voyce by Proctor 118 The Proctors of the Arch-bishop of Mentz are about to leaue the Councel 122 Prohibition of Bookes is discoursed on by the author 472 Protestants make a conditionall submission to the Councell 274 A consultation how they are to be receiued in Councel 367 Protestant Diuines of Wittenberge and Strasburg come to Trent 374 Fifty thousand Protestants were executed in the Low-Countreys within a short space 413 The Protestants assemble in Noremburg and the Pope sendeth Nuncii vnto them 439 Protestations of Doctors that they refer themselues to the Church are but words of complement and of good manners 249 Protestation of the Emperour against the Councell of Bolonia 279 280 Another Protestation in Rome before the Pope 281 Which the Pope saith the ambassadour did make without commission from his master 282 The ambassadour protesteth againe 284 The French K. protesteth against the Councell in Trent 319 The intended protestation of the French ambassadour about precedence 730 731 Prouerbe in Trent very blasphemous about the bringing of the holy Ghost from Rome 497 Another prouerbe in Councell Wee are fallen from the Spanish Scab to the French poxe 640 A kinde of prouerbe made in France concerning the authoritie of the Councell 822 Purgatorie is spoken of 799 Q. QVeene Mary gouernesse of the low Countreys fauoureth the Protestants 89 Queene mother of France refuseth a Spanish armie to assist her against the Hugonots 648 Writeth to the Pope and Cardinall of Loraine 712 Is complained of by the Pathers for being ruled by the Chastillons and other Hugonots in France 776 Queene of Scotland writeth to the Councell of Trent 703 Queene of England should haue beene proceeded against in Councell but the Emperour would not fuffer it 727 Queene of Nauarre is cited to Rome for Lutheranisme 780 And is defended by the French King 794 795 R. REformation made by Cardinall Campeggio in the Diet of Noremberg 32 33 c. A reformation made in Rome vnder Paul the third was suppressed 79 A reformation of the Court of Rome is set on foot and much discussed 83 84 The Emperour would haue Reformation handled before Doctrine 202 It is wholly recalled by the Pope to be handled in Rome but the Prelates will not yeeld 254 255 A reformation of the Clergie published by the Emperour 292 A reformation made in Councell is complained of by the Priests 343 Another is made in Rome of small matters onely 505 Twentie points of reformation are proposed by the Emperours Ambassadours 513 Nine points of reformation 532 538 The chiefe points of reformation are omitted 568 Reformation is mainely promoted in Councell by the Imperialists and Spaniards 588 The free speeches in Councell concerning reformation doe trouble the Legats 595 600 The reformation of Princes how it began 617 Articles of reformation proposed in Councell by the French-men 650 652 The Pope thinketh that a reformation will not reduce the heretickes 700 A reformation of Cardinals is mainely promoted but vanisheth quickely 726 A reformation proposed by the Imperialists 751 752 The reformation of Princes is deferred 760 An hundred Prelates doe combine to promote it 766 It is declared at large 769 770 The Emperour distasteth it and the French ambassadour de Ferrieres maketh an oration against it 771 772 The Decree of the generall reformation 808 809 c. The reformation of Princes 811 812 c. Regulars are complained of by the Prelats and defend themselues 169 They begin to mutine about their exemptions 761 Their reformation 806 Religion is changed in England 295 384 421 Religion is changed in Denmarke 84 Religion is changed in the Palatinate 148 398 Religion is changed in Scotland 426 451 Reputation is the chiefest ground of the Papall greatnesse 29 Residence is treated of 191 216 217 c. Whether it be de iure diuino 218 219 The Cardinall of Monte will not suffer that question to be decided 232 The question is set on foot againe 486 487 c. It causeth great feare in Rome 502 Is disputed on againe 505 510 The disputation of it is diuerted by the Legates 550 Residence is decreed 723 736 The reformation of it is decreed 739 Richard of Vercelli dieth with griefe because he was in disgrace with the Legats for speaking freely in Councell 566 569 Rites of the Roman Church are diuers 548 Rome is taken by the Colonnesi 41 And by the Dutch-men and Duke of Borbon 43 Rota in Rome which is the greatest Court of iustice there reiecteth a cause of the Bishop of Segouia assisting in Councel for suspicion of heresie because he did not second the Popes designes 678 S. SAcraments in generall are handled 234 235 c. How they doe containe and cause grace 237 A decree of reformation is made concerning them 245 and Anathematismes 248 Safe-conduct is required by the Protestants to goe to the Councell 316 The Contents of it 341 It is disliked by the Protestants 343 344 The Councell refuseth to alter it 369 Santa-Croce the Legate is threatned by the Emperour to bee cast into the riuer Adice 202 Schisme in the Councell some remaining in Trent and others being gone to Bolonia 269 274 Scotland shaketh off obedience to the Pope 426 451 Session the first held in Trent Deocin 13. an 1545. 130 The second Ian. 7. 1546. 139 The third Feb. 4. 1546.