Chap. II. p. 260. 1 OF Fraternities how devoted 2 How dangeroâ—â— to the State 3,4,5 Of the Fraternity of the Chaplet or the Order of Penitents 6 Of the sect of Flagellants 7 8 Their originall and orders 10 Gersons booke against them Chap. III. p. 265. 1 DIspensations abused by the Pope 2 Hee takes upon him to dispense with the Lawes of God and man 3 Complaints made hereupon by the Catholiques in Germany 6 By Saint Bernard 7 By the Parliament of England 9 By the Councell of Constance 10 By Iohn Gerson 11 By the deputies of Pope Paul 12 Reformation demanded at the Trent Councell 13 Which medled with them onely in three cases 14 And that as good as nothing 15 And contrary to the liberties of France Chap. IV. p. 269. 1 OF unions of Benefices both reall and personall Which the Councell leaves to the Popes disposall 2 Which of right belongs to the Bishops of the Dioceses with consent of the patrons 3 Vpon reasonable cause 4 5 6 Otherwise they have and may be disanull'd nothwithstanding any prescription 7 Contrary to the Councell of Trent which allowes prescription in some and the Popes pleasure in all Chap. V. p. 271. 1 OF the residence of Bishops Which the Councell leaves to the Popes approbation To the prejudice of Princes and Metropolitans 3 To whom it belongs to approve the causes of their absence 2 How Popes by this meanes deprivâ— Princes of their best servants 4,5,6 For Kings to approve of non-residence was the practice of France before this Councell 8 And the law since Chap. VI. p. 273. 1 BY this Councell of Trent there can be no more Gâ—nerall Counâ—els but when the Pope pleaseth 2 Which takes away all hope of reformation 3 And is contrary to the Decrees of former Councels 4 The benefits proceeding from the frequency of Councels 5 They bridle the Popes power And therefore they decline them Chap. VII p. 275. 1 OF Iesuites Their Order confirm'd by this Councell 2 Their speciall vow of obedience to the Pope 3 Their deifying of him 4 They are the Popes Ianizaries and Emissaries in the State 5 Slaves to the Pope and therefore nâ— good subjects to their Prince 6 Their doctrine that Kings may be deposed 7 And of excommunicate killed 8,9 That heretiques are to bee put to death 17 Iesuites pernicious to the State therefore once banished out of France Chap. VIII p. 280. 1,2,3 THat this Councell in effect gives the election nomination and investiture in all Abbeyes and Bishopriques to the Pope 4 How this is prejudiciall to Princes 6 How elections were anciently made by the Clergie and people 7 Sometimes by the Pope Yet still by a power derived from Emperors and Princes 8,9 Proved out of the Canon law Popes anciently elected by the Emperour 13 14 This prerogative not renounced by the Emperour Lewes nor Henry 15 16 But practised by Emperours and allowed by Popes till Grâ—gory the sâ—venth 18 And then taken from them by usurpation Chap. IX p. 285. 1 THe election and investiture of Patriarchs and other Bishops belonged to the Emperours 2 3 In which the Popes had nothing to doe but by commission from them 10 Till Gregory the sevenths time who first usurped this power Which was afterwards the occasion of many quarrels betwixt Emperors and Popes 11,12 c. As betwixt Henry and Paschal about investitures 16 The Emperors renuâ—â—iation invalid 17 Because compell'd 18 And does not binde his successors 19 Who redemanded their right 20 The Councels that condemn'd Investitures for heresies censur'd 21 22 And Ivo for defending them 23 Who contradicts himselfe 24 The Emperour Henry in part excused Chap. X. p. 291. 1 ELections nominations and investitures belonging to other Kings and Princes in their owne dominions As the Kings of Spaine 2,3 c. The Kings of England possessed of this right both before and since the Conquest 11 With the Popes apâ—â—â—bation 12,13 The Kings of Hungary 〈◊〉 Apulia have done the like 14,15,16 How the Kings of France have behaved themselves in this point 18,19 Their right confirm'd by Couâ—â—el 23. And testified by Civilianâ— 26 Elâ—ctours to have â—â—e Kings Conge d'â—liâ—e 27 And the elected to tâ—ke the oat◠〈◊〉 â—llegeance â—8 29 That the Kings of France retâ—â—ne the â—omiâ—â—tion and the Popes have got the confirmation of Bishopâ—â— 30 Which râ—â—ders them obnoxiâ—â—a to the Popes and carâ—lâ—sse of their Prince 31,32 c. Examples tâ—â—â—eof in Englâ—â—d and Franceâ— BOOK VI. Chap. I. p. 299. 1 ALL jurisdiction in all causes and over all persons belongs originally to Secular Princes 2 This Councell exempts Bishops and even in crimiâ—all causes submits them onely to the Pope 3 Contrary to right 4 5 And ancâ—ent practice 11 c. How Emperours have exercised their jurisdiction over Clergie-men sometimes by their Delegates 12 Sometimes by Councels 15 16 c. This right of Princes acknowledged by Popes 18 Established by the Imperiall lawes 19 Allowed by Councels 21,22,23 French Bishops judg'd by their Kings Sometimes with a Councell 24 Sometimes without 26 This judgement of Bishops refused by Popes 27,28 The present practices of France in such cases Chap. II. p. 306. 1 THat Bishops by this Councell are made the Popes delegates in matters of their owne ordinarie jurisdiction 2 As visitation of Monasteries 3 Providing for Sermons in peculiars 4 Assigning a stipend to Curates 6 Visiting of Clergie men 7 Assigning of distributions in Cathedrall Churches 8 And assistants to ignorant Rectors 9,10 Vniting Churches 11 Visiting exempted Churches 12 And others not exempted 14,15 Visiting of Hospitals and Schooles 16 Disposing of gifts to pious uses 17 Such delegations prejudiciall to Bishops Archbishops and Lawyers 18 Evocations of causes out of other Courts to Rome allowed by this Councell 19 The inconveniences thence ensuing Chap. III. p. 313. 1 THis Councell entrencheth upon the Secular jurisdiction by attributing seemingly to Bishops 2 But really to the Pope 3 The cognizance of many things which in the Realme of France belong to the Civill jurisdiction in some cases not wholly to the Ecclesiasticall 4 As libels 8 Sorcerers 9 Clandestine mariages 10,11 And some other matrimoniall causes 12 Right of patronage for the posâ—essory 13 Lay appropriations 15 Maintenance of Priests 17 Visitation of benefices so as to compell reparations to be made 20 Sequestration of fruits 21 Royall Notaries 22 Simple Shavelings 25 Civill causes of Clerkes 26 Adulâ—â—râ—es 29 Seisure of goods 30 Imprisonments 31 32 Appeales as from abuse abrogated by this Councell 33 Erection of Schooles 34 Building-money 35 Meanes of hospitals 36 Infeodation of Tithes 39 Taking of the accounts of Hospitals Colledges and Schooles Chap. IV. p. 32â— 1 EXemptions granted by the Pope to Churches Colledges Abbeyes c. confirmed by this Councell to the prejudice of Bishops 2 3 Many complaiâ—â— anciently made against them 4 The Popes have no power to grant them 5,6 The unlawfulnesse and abuses of them 7 Reformation hereof desired â—t the Trent
before the See Apostolique by Canonicall Constitutions or such as the Pope of Rome shall thinke fit to bee committed or removed upon some urgent and reasonable cause by speciall commission from his Holynesse signed with his owne hand Now hee will alwayes find urgent causes enough to draw the processe to Rome there will never want pretences if hee get but a hole that 's enough how little soever it bee hee will finde meanes to enlarge it And besides who will tell the Pope that the cause is not reasonable That were to make himselfe be pronounced a heretique It is a kinde of Sacriledge to dispute of what hee does yea it is a mortall sinne saith their Glosse upon the Canon law 19 Wee shall here entreat the reader to remember what wee discours'd in the second book touching the Popes attempts in point of justice the miseries that proceed from thence and the great complaints that have beene made of it Wee tumble backe into all these miseries againe by receiving of this Councell The Popes used it formerly by usurpation now they will doe it with some title and so with more licence Wee shall content our selves with setting downe here what was spoken concerning this matter by a whole Councell to wit by that of Basil one of the most famous that hath beene holden in these later daies Divers abuses and intolerable vexations have grown hithertowards whiles many men were very often wont to be cited and called forth to the Court of Rome and that sometimes even for pettie things and were so wearied out with expences and travaile that they thought it more commodious for them to forgoe their right or with great losse to redeeme themselves from such vexation rather than bee at the charges of the suit in a countrey so remote So it was an easie matter for slanderers to oppresse poore men So Ecclesiasticall livings were oft goâ— by wrangling shifts and evasions in the Suit while their meanes were not sufficient for the true owners or others that had right unto them to defray the charges required as well for the journey to Romeâ— as the pleading of the cause there Hence also proceeds the confusion of Ecclesiasticall order when the jurisdiction of the Ordinaries is not preserved unto them The money and meanes of Kingdomes and Provinces are not a little impaired by this meanes and which is a thing acknowledged to bee very harmefull to all Ecclesiasticall Orders those which by reason of their worth were called to the greatest affaires of Christendome were made lesse serviceable in them being too much imployed in the multitude of such causes Such evils and disorders as these gave occasion to the Fathers of that Councell to prohibit all evocations in that kind Which was confirm'd by the Pragmatique Sanction of Bourges in the title Of Causes where the same things are rehearsed CHAP. III. Of giving temporall jurisdiction to Ecclesiasticall persons 1 THis Councell useth such marvellous good husbandrie and carrieth all things so handsomely to its proposed end that at the last reckoning all the world is well appaid except Kings and Princes for whom the springe was set We have seen the Bishops already stript of their jurisdiction and turn'd into their bare shirts Now we shall make it appear that what is taken from them on the one side is restored to them on the other all to the prejudice of Secular powers whose jurisdiction is invaded and usurped upon to the advantage of the Bishop of Rome into whom as into a vast Ocean all these pettie rivers emptie themselves 2 It is a Papall maxime holden for a certain and undoubted truth That all Bishops receive their jurisdiction from the Pope They take an oath unto him else whereâ— and that a very strict one they are bound by this Councel to promise true obedience unto him at the Synods of the Diocese So that there can be nothing ascribed unto Bishops in point of jurisdiction but the Pope hath a share in it as fathers have in the purchases of their children masters of their slaves but their authoritie and power will ever receive some enlargement thereby This preface will serve as a candle to give light unto the interests of Kings and Princes in all the particular cases which shall bee hereafter specified 3 This Councel then to the prejudice of the Secular jurisdiction gives unto Bishops the power of punishing the authours of defamatorie Libels of the printers of them of Sorcerers Conjurers and such like people of those that contract clandestine marriages or are witnesses and assistants at them the cognizance of all causes matrimonial without distinction of all rights of patronage both Lay and Ecclesiasticall the jurisdiction to compell the inhabitants of any parish to allow maintenance to their Parish Priests the visitation of all benefices both Regular and Secular the cognizance of the reparations of their buildings as also the power of sequestring the fruits of the said benefices the power of examining the Kings Notaries and of suspending or depriving them of their office for some fault or crime by them committed the doing of justice upon married Clerks which have their tonsuâ—e in all causes both civill and criminall the punishing of concubinage and adulterie both in Lay men and women the seizing of mens goods and arresting of their bodies causes of Ecclesiasticall jurisdiction and that even of the Laitie Besides this Councell in very many Chapters prohibited all appeals and will have that which the Bishops do to stand without any regard of any appeale to the contrary whatsoever Also it allowes Ecclesiasticall persons to refuse such summons as shâ—ll bee sent out by the Parliaments or other of the Kings judges For the further satisfaction of such as will not content themselves with this bare proposall wee will speake somewhat of every one of these heads for the better clearing of this incroachment of jurisdiction I mean only so farre as concernes the right of our Realme of France 4 Beginning then with the first which is touching defamatorie Libels our civil lawes give the cognizance and jurisdiction thereof to the Iudges and Magistrates not to the Ecclesiastiques Some may bee will except such as concerne point of Religion but this exception is not pertinent and observe this one reason which is sufficient to confute namely that those lawes of Constantine the Great and Constantius which restraine the licence of such Libels were made in a time much like this of ours to wit when divers writings were put out concerning point of Religion against the honour both of one and other Doctour Balduin hath very judiciously observed it It is behoofefull saith hee to remember what manner of times those were of Constantine and Constantius wherein the contentions about Religion not much unlike unto ours gave fire unto the affections of both parties and which afterwards hatched those unhappie calumnies and scandalous
libels just as it is at this present This he delivers in his Commentarie upon the three lawes of the Emperour Constantine and the two of Constantius made in this case which wee read at this day in the Code of Theodosius 5 Those words of the Emperours Valentinian and Valens are also remarkable If any man have any care of his devotion and the publique safetie let him professe his name and with his owne mouth speake what hee intended to prosecute by defamatorie libels This may well bee referred to libels in case of religion nor was it ever meant by those Emperours in any other sense Now all these forementioned constitutions with some others of the same Valentinian and Valens Arcadius Honorius and Theodosius lay a punishment upon the authours of such libels and the Publishers of them committing the cognizance and execution of that punishment unto their Officers and Magistrates directing those very lawes unto them to the intent that they might observe them in their judgements 6 An infinite company of the Ordinances of our Kings speake expresselie of defamatorie and scandalous libels which concerne matter of religion they prescribe what punishment shall be done upon them what paines the authors printers and publishers shall endure and in expresse termes assigne this jurisdiction to the Iudges Royall Of this kinde is that of King Henry the second of the eleventh of December 1547 made at Fountainbleau and another of the same Prince made at Chasteaubriant the yeare 1551 that of Charles the ninth made at Mante the tenth of September 1563 that of the States of Molins in the 77 Article and an infinite companie besides which stirre up the jurisdiction in this point 7 I shall content my selfe with setting downe the words of one of them only namely that of King Charles the ninth made at Mante the tenth of September 1563 which speaks of defamatorie libelsâ— placards pasquils and such like things in matter of Religion and as for the point of jurisdiction ordaines as followeth Commanding all publique Magistrates Commissaries of the countrie and other our Officers whom it may concerne to have an eye and regard hereunto charging our Proctours and Advocates in every place to doe their endeavour and bestirre themselves herein all other businesse laid aside to the finding out and punishing such faults as they shall finde concerning this particular And afterwards they are commanded to observe the said ordinance punctuallie and proceed against the breakers hereof by the punishments there assigned peremptorily without observing the ordinarie formes of justice 8 Wee have also some prettie lawes in Iustinian about the punishing of Witches and Sorcerers which are addressed to the â—ugdes and Magistrates yea there is one of them that commands him that shall catch any of them to put them into the Iudges hands That forthwith hee bring him out in publique and present him before the eyes of the Iudges The Emperours Honorius and Theodosius writ to Cecilian one of their Magistrates that hee should banish them unlesse they would coÌ„sent to see their own books burnt in the presence of the Bishops Which shews that the Bishops had but little jurisdiction in that regard Leo the Emperour writes also to one of his Officers that he should punish them with death as Apostates 9 The punishing of such as contract clandestine marriages and those that conspire with them therein and those that advise or assist them about the consummation therof belongs also to the Iudges Royall by the Ordinance of King Henrie the second made at Paris in Februarie 1556 in these words Let them bee lyable to such punishments as our Iudges shall thinke fit according as the case shall require to whom the cognizance hereof shall appertaine and wherewith wee charge them upon their honours and consciences Which Ordinance was renewed at the States of Blois since this Councell was holden A certaine argument of the rejection thereof by the late King 10 As for causes matrimoniall those civill Lawes which give the cognizance of them unto Iudges and Magistrates are sufficiently knowne by every bodie We shall onely speake of the law of France after we have set downe the words of the Councell If any man say that matrimoniall causes belong not to Ecclesiasticall Iudges let him be accursed See here 's a Canon without either saddle or bridle which is able to feare all the Secular Iudges in the world and make them forbeare all judgements whatsoever concerning marriages or any thing that depends upon them for there is nothing excepted 11 It is the custome in France that when the question is of the rite of the coupling together in marriage as for instance Whether mariage be perfect and consummate by words of the future or of the present the cognizance belongs to the Ecclesiasticall Iudge but if it be a question of fact as Whether the contract was made by words of the present or of the future then it fals within the jurisdiction of the Civill Iudge So likewise if separation from the bed or divorce be barely required and no more then it is for the Ecclesiasticall Iudge to determine but if the question be of any fact as if divorce bee required because one of the married parties is a thiefe then it is for the lay Iudge Further if the question about marriage be betwixt any other parties than the husband or the wife as if the father and mother be interessed in it so likewise if the controversie be about the dammages or profits arising from a marriage about the portion or gift given in consideration of a marriage about any transaction in a matrimoniall cause or other consequences or dependentsâ— it belongs no more to the Ecclesiasticall jurisdiction as hath beene adjudged by divers arrests of our high Courts of Parliament 12 The right of patronage is indeed a thing annexed to somewhat which is truly spirituall yet it doth not cease for all that to bee a temporall right in some kinde This distinction hath ever beene currant in France that the Ecclesiasticall Iudge determines of Ecclesiasticall patronage when the question is about the petitorie but for the possessorie that is for the Civill Iudge This maxime is most true that in things spirituall the cognizance of the petitorie belongs to the spirituall Iudge and of the possessory to the lay Iudges Accordingly the Parliaments and other Iudges of this kingdome have determined concerning the possessorie in the matter of tythes which are as spirituall as patronages can be concerning which there is an Arrest of Paris made 1262 to be seene in the great collection of them They have also ever determined of the possessorie of Benefices concerning which there is an Arrest of the Parliament at Bourdeaux of the 19 of Iuly 1524 in the same collection Pope Martin the fifth hath so agreed upon the case with King Charles the seventh concerning the possessorie of Churches Tythes Benefices and all other spirituall things
by our Kings unto the Clergy-men the Ordinances made in that behalfe are directed to the Courts of Parliament the baliffes and stewards who are prohibited by virtue thereof to compell them to make the said reparations as appeares by the Ordinances of Charles the ninth dated the 10 of September 1568. The eighteenth of September 1571. The third of November 1572. It hath beene also judged by divers Arrests of the Parliaments of this land which are to be seene in the great collection of them that the question touching the reparations of benefices belongs to the Lay Iudge and not to the Ecclesiasticall 20 As for the sequestration of the fruits which the Councell gives unto Bishops it belongs no more unto them than the other considering that they cannot put it in execution nor have any right of seisure in the goods moveable or immoveable And herein that Decree of Philip the third dated 1274 is worth our observation who prohibites a Bishop the granting the seisure of the moveable goods of a certaine Clerke condemn'd in a personall action considering that those goods were not within his episcopall Iurisdiction 21 But there is nothing more exorbitant than the jurisdiction which is by this Councell given unto Bishops over the Notaries Royall It is a certaine rule that Ecclesiasticall persons have no jurisdiction within this Realme over Lay men save in one case to wit when the question is concerning the sacraments and spirituall things This is so farre true that an Ecclesiasticall Iudge cannot so much as deale in a fault committed by his Lay gaolor for suffering a prisoner to make an escape or in any other offence committed in the gaole as it was judged by an Arrest given in the Great dayes of Poictires the 18 of September 1531 nor in any faults committed by the Proctour of his office if hee bee a Lay man although he have trespassed in the exercise thereof according to an Arrest of Paris of the 11 of April 1532. Now the Royall Notaries are so farre from being nay it is so impossible that they should be under the Ecclesiasticall jurisdiction that on the contrarie the Iudges Royall have authoritie over the Apostolicall Notaries This appears by an Edict of King Henrie the second made at Fountainbleau in September 1547 about the calling in of the Apostolicall Notaries wherein it is said That by the bailiffes stewards and Presidiall Iudges every one in his owne power and jurisdiction a sufficient number of the said Notaries shall bee adjudg'd and limited Which calling being so made by them and every of them his will is That they make choise of the most able and sufficient within their jurisdiction to the number by them determined And for the Notaries Royall it were a superfluous thing to alledge the Decrees which give the Kings Iudges authoritie to punish them in case of any offence or crime by them committed 22 The jurisdiction which is given unto Bishops over such married people as have only the single tonsure is not lesse extraordinarie A married shaveling hath as good as no priviledge at all in France but is reckoned in the ranke of Lay men because of the great abuses which have beene heretofore committed in this Kingdome For to inlarge the Ecclesiasticall jurisdiction the time was when Prelates bestowed that tonsure upon all sorts of people even upon some young infants some servants some bastards and some ignorant and illiterate married men yea and which is more if the Kings Officers prosecuted any offender if he but said hee was shav'd though indeed hee were not the Ecclesiasticall Iudge would straightwaies hooke unto himself the cognizance of the cause by censures and excommunications Which was a meanes of offenders escaping with impunitie because that they might get off by their purse from the Ecclesiasticall Iudges upon which occasion all malefactours inclined rather to this jurisdiction as it is prov'd at large in the Articles which were presented to King Philip by Mr. Peter de Cugneres against the Clergy of France 23 A certaine Queen of England complain'd to Pope Hâ—norius the third of that name that many married men made use of the tonsure to cheat her of the right which belonged unto her as it is recorded in the Decretals By an Ordinance of King Charles the ninth in the yeare 1563 it was decreed that none should bee admitted to sue by virtue of the priviledge of his Clergy to bee sent backe to the Ecclesiasticall Iudge in any case whatsoever whether civill or criminall unlesse hee were a subdeacon at the least which is as much as to exclude all simple shavelings whether they be married or no who notwithstanding shall bee admitted by the Councell of Trent yea in such sort that priviledged cases are not excepted in criminall matters nor personall actions depending upon the realitie and other such like civill matters howbeit that such exceptions have ever beene in force within this Kingdome and that even in all sorts of Ecclesiasticall persons 24 And see here another great prejudice done unto us by this Councell which we must either take a course to remedie or else all the regall jurisdiction on of our Ecclesiasticall persons will come to nothing and wee must talke no more of those distinctions which were wont to bee used in the pallace time out of minde in this regard For if priviledged cases and civill actions which belong to the jurisdiction Royall bee not excepted in the person of married Clerks then much more must wee admit of this new law in behalfe of other Clergy men whose priviledge is farre greater 25 As for Civill actions the Councell confirmes the Decree of Boniface the eighth whereby Secular Iudges cannot condemne married Clerks neither in personall causes nor pecuniary Which words are of a very large extent so great that we may comprehend under them not only actions which are purely personall but such also as depend upon reality all actions of contract reall and possessory For the word Pecuniariter being divided from Personaliter and placed before it in the said Decree will alwayes be understood generally and will â—omprehend within its latitude by meanes of that interpretation they will put upon it whatsoever concernes our patrimonie and all the actions which we can have either for the recoverie or preservation thereof Which they will confirme even by the auâ—horitie of our owne law 26 As for adulteries the usurpation is very notorious it is directly against the Civill lawes whereby the punishing of this crime belongs to the Magistrates not only by those of the Pagans but even by those also of the Christian Emperours The Ecclesiasticall Iudges in France never had the cognizance of such crimes over Lay men but this jurisdiction was left in the possession of the Secular Iudges Yea which is more we read two Arrests of Bourdeaux one against a Bishop another against an Abbat wherby they were condemn'd unto certaine punishments for the crime of
Great did freely confesse that God had granted the Emperour the rule not onely over the men of warre but also over Clergy men And Bernard who lived a long time after them in his Epistle written to Henry Archbishop of Sens makes this inference Every soule and yours too Who hath excepted you out of this generality If any man goe about to except you he goes about to deceive you Beleeve not such counsels c. 6 See here a great manie testimonies all together which might happily have made a greater show if every mans had beene brought in by it selfe But my purpose being to applie all this to the present maladie I thought it more convenient to make all these witnesses be produced by a partie not suspected and one who very well understood them Conclude wee from all these authorities that the coactive jurisdiction and temporall power does not belong to Ecclesiastiques but rather that it is a right Imperiall and Royall But wee must expound this last point a little more plainly Princes alone having this power and Secular jurisdiction and all that depends upon it sometimes they have used it themselves sometimes they have granted the exercise thereof to their Officers and Magistrates or even unto their Clergy men yet without utterly devesting themselves of it without making a pure cession from it and absolute transport they alwaies reserved unto themselves the Soveraigntie as Masters and Lords of it the power of transferring the exercise of that jurisdiction from one to another either in part or in whole to deprive whom they thought good without doing them any wrong to augment it in the person of their Officers and abate it in their Ecclesiastiques just as they have conferred part of it upon the latter to the prejudice of the former 7 Wee have elsewhere treated of the judgements passed by Emperours and Princes and also of the criminall causes of Ecclesiasticall persons Here wee will speake only of the cognizance of civill causes The Clergy were anciently under the jurisdiction of Secular Iudges in which there were afterwards many alterations The Emperours Valentinian and Valens in a certaine constitution directed to one of their Magistrates ordaine that Clerks bee assessed to great dammages for their frivolous appeals Valens Gratian and Valentinian give the jurisdiction of the civil causes of Clerks and their offences civilly prosecuted to the Synods of the Diocese reserving criminall causes to their Magistrates Theodosius and Valentinian reserve Clerks to the audience of their Bishops Valentinian the second Theodosius the younger and Arcadius declare that this is for Ecclesiasticall causes Martian will have the Bishops to be judges over the Clerks in their Dioceses and of their civill causes if the plaintiff have recourse unto them so that it was left to the libertie of him that entred the suit whether he would make them Iudges or have recourse unto the Magistrate as is specified in another law of the same Emperour Leo and Anthemius give this jurisdiction over Clerkes and Monkes to the Presidents of the Provinces within their circuit and to the Praefectus Praetorio at Constantinople And in another law they ordaine that the Bishops Clerks Monks and all other Churchmen of what qualitie soever shall answer before the Presidents of the Provinces and come before them when they shall be summon'd and accused Iustinian in his seventie ninth novell Constitution submits Monks to the jurisdiction of Bishops In the 83 constitution hee decrees the like for Clerks as well for matters civill as for Ecclesiastical crimes reserving others to his officers And furthermore in caâ—e the Bishops cannot or will not take the cognizance of them he referres them to his Magistrates In the 123 constitution hee prohibits the conventing of Bishops before his Magistrates in cases civill or criminall without his Imperiall command In other places the Emperours proceeding â—urther have given jurisdiction to Bishops not only over Clerks but also over Lay men Constantine the Great was the first whose law our Popes ascribe to Theodosius having made a very favourable constitution in behalf of Bishops whereby hee gives them the cognizance of all civill causes betwixt Lay men upon the bare demand of one of the parties albeit the other did not consent unto it In such sort as the Magistrates are bound to desist from the cognizance of it as soone as one of the parties shall require to bee dismissed and sent thither whether it bee at the beginning or middle or end of the suit 8 Arcadius and Honorius derogating from this law will have it to be by the joynt consent of both parties and that by way of arbitrement The same Emperours together with Theodosius doe ordaine that there shall bee no appeal from this Episcopall judgement and that their sentence shall bee put in execution by the Sergeants and Officers of the Iudges This is the law which Iustinian would have to bee observed I say those two last constitutions for as for that of Constantine he did not insert it in his books but the other latter Which Gratian hath confessed in his Decree And whereas in the Code of Theodosius the inscription of the title runnes thus De Episcopali judicio Iustinian in stead of it hath put De Episcopali audientia to shew that it is not properly any jurisdiction which is bestowed upon them but on the contrary a friendly and arbitrary composition to abridge the processe 9 After this time the Emperour Charles the Great in his Capitularie renewed the law of Constantine and gave the same jurisdiction therein contained unto all Bishops repeating the same law word for word Which the Popes have not forgot in their Decree where they have inserted the Constitution of Constantine under the name of Theodosius and that of Charles the Great just as Iustinian did in his Books the responses and commentaries of Lawyers to give them the strength of a law For as for them they thinke they are not subject to those of Christian Princes But they have gone further yet for by a most disrespectfull ingratitude they have gone about to serve themselves of these lawes against those very Kings and Emperours which made them to take upon them the jurisdiction over them themselves 10 Innocent the third served himselfe hereof against Philip Augustus King of France hee would needs make himselfe judge betwixt this Prince and King Iohn of England by virtue of these constitutions whereof hee makes expresse mention It is all one as if he had urged them against Charles the Great considering that hee made this law both as Emperour and King of France for hee submits tâ—â— French-men to it in expresse termes These lawes whether of Constantine or of Charles the Great should not now bee urged neither against the Emperours nor the Kings of France who did not make any law to tye them not against other Kings who doe not admit the law of the Empire
all the Clergie nor any of the Laity Contrary to ancient custome 3 4 Lay men sometimes admitted to bee Iudges in controversies of faith 5 Yea even Heathen Philosophers 7,8 Controversies sometimes decided by Councels 9 Sometimes by reference 10 Sometimes by conference A meanes proposed for reconciling the present disterence in Religion 11 12 Further prosecuted 13 Lay mens plea for admittance in this Councell 14 Bellarmines answer examined 15 The power of Emperours and Kings in this case 16 17 Some of them have beene Iudges in Councels 18,19 Lay men admitted by Kings to assist at severall Councels 30 31 And Spaine 32,33 c. And England 36 37 Admitted likewise by Emperours 38 Yea summoned by Popes 40 Lay mens presence in Councels not absolutely necessary and when convenient 43 The ignorance of the Popish Clergie 44 The Authours apologie 45 The assistance of the laity allowed by severall authours 46,47 Practised at severall Councels Trent excepted 48 Anodious doctrine to Popes and why Chap. IX p. 47. 1 THe Trent Fathers were the Popes creatures 2 That abuse observed by the Emperour 3,4 Complain'd of by the French Ambassadours 5 6 And Protestants of Germany 8 As good as confest by the Popes themselves 9 The charges of Councels defrayed formerly by the Emperours 10 Of late by the Pope And therefore the judgement of such Councels in the Popes cause refusable Chap. X. p. 51. 1 THis Councell compared with others for number of Bishops 2 Which were so few here that it cannot be accounted generall 3 Henry the seconds protestation against it upon that ground 4 The number in the later Sessions doth not legitimate the paucitie in the former Chap. XI p. 53. 1 THe Emperours letters to the Pope about the indirect dealing of the Councell 2 The French Ambassadours oration in the Councell to that effect 3 Their retire from the Councell Chap. XII p. 54. 1 ALL processe made by a suspected Iudge is void 2 The Pope challenged as an incompetent Iudge in this Councell 3 The Councell protested against by the Germans 4,5 By the King of England 7 By the Kings of France 9 Sentence passed upon absents invalid 10 Yea though they had beene present there may be a second judgement 11 As was in the case of the Donatists 12 And Arrians 13 Otherwise we cannot decline the sentence of the Councell of Ariminum 15,16 Other heresies sentenced in more Councels than one 17 The injust dealing of the Councell of Ephesus Pope Leo's protestation against it holds good against this of Trent BOOKE II. Chap. I. p. 61. 1 NVllities in the matter of the Councell As in deniall of justice 2 In things demanded by the Emperour 3 By the King of France 4 By the Catholique Princes of Germany 5 By the Duke of Bavaria In which demands are particularly mentioned such abuses as should have beene reformed 7 Many of them confest by the Deputies of Paul the third Chap. II. p. 65. 1 THe abuses complain'd of not reform'd by the Councell 2 Reformation of the Head the Pope and Court of Rome demanded by Princes confessed necessary by Popes 3 Yet not medled with by the Councell 6 The Authors protestation to set downe the Papall not the personall faults of Popes 7,8,9 c. The complaints of many ancient Popish authours against the abuses of the Pope and Court of Rome with some Councels that attempted but effected not a reformation Chap. III. p. 74. 1,2 c. ANcient complaints against the inordinate desires of the Popes after temporals which made them neglect spirituall matters 5,6 c. All things set to sale at Româ— even the Holy Ghost 7,8 The avarice and exactions of that Court. 10 As great since as before this Councell Chap. IV. p. 78. 1 BY what meanes the Popes enriched themselves 2 A price set upon all sins in his Penitentiary tax 4 The tax of the Chancelourship 6 The tax upon Bishopriques 7 Exactions of Annats or first-fruits 14 When the Pope first usurped them 18 The Emperours anciently required them not 21 Of selling the Pall. 22,23 The state of first-fruits in France 25 The Popes ancient incomes out of England 26 Their simoniacall gettings by Reservations Graces Provisions c. 27 Their impositions of taxes and tributes upon kingdomes Particularly upon England 28,29 What trickes they used to oppresse this Realme 30 The Popes proverbe of England 31 The like oppressions and complaints in France 33 The Popeâ— challenge to the goods of Clergie men that die intestate Their revenues onâ— of the stewes Their yearly Kinâ— Chap. V. p. 91. 1 THe Popes exactions under colour of a holy warre By absolving such as had taken the Crosse upon them 2 And raising levyes for the maintenance of the holy Land 3 And reparations of St. Peters Church 5 The Popes used the colour of a holy Warre to wreake their own spite 7 And converted those collections to their private ends Opposition made against them in Spaine Chap. VI. p. 94. 1 BY what meanes the Popes cheated other Patrons of their advousons and presentations to Ecclesiasticall livings 2,3 Ancient complaints against this abuse 5 Of their conferring them upon lewd persons 6 7 Remedies provided but not applyed 9,10 Of their preferring dunses 11 And aliens 12 The inconveniences that follow upon this 13 14 Vrged by the French 15 Confessed by the Cardinals but not yet reformed by the Pope Chap. VII p 99. 1 OF drawing all suits concerning causes and persons Ecclesiastical out of other nations to the Court of Rome 2 Inconveniences thence ensuing 3 4 5 c. Complaints made against them 7 Of appeals to Rome 8â— 9 The multiâ—â—de and abuse of them 10 11 The Court of Romes usurpation upon the Lay jurisdiction Chap. VIII p. 102 1 BY what meanes the Popes get the jurisdiction over causes and persons civill Of Ecclesiasticall informations 2 Of the intervening of an oâ—th 3,4 A law made in France against the Popes usurpation in this kind 4 And the statute of Premunire in England 5 The Popes intermedling with Emperors and Kings Their crownes and dignities 6 As King Edward the first of England The Pope rejcted by Parliament 8 The judgement passed by Secular Princes disâ—â—â—â—ed by Popes 10 11 Of their metamorphosing Lay men into Clergy men 12 Of the Popes Commissaries and Delegate Iudges 13 14 Anciently complained of 15 Not reform'd but confirm'd by this Councell 16 Of the Popes Legats 17 18 Their power to legitimate bastards 20 And other faculties as to dispense with Councels Chap. IX p 107 1 OF the Popes usurpation of Lordshipsâ— and Kingdomes 2 Of their temporall dominâ—on in Rome 3 4 How they hold it and when they got it 5 Thâ—ir claimâ— to Scotland 6 Encroaching upon Poland 7 And Sicily 8 Especially England in the time of King Iohn 9 10. That story more at large 11â— 12 Excommunications abused by Popes to secular ends 1â— 15. c. Their inordinate desire of preferring their Nephewes and kindred by indirect meanes
of the Popes of the ambiguity of them and the controversies which arise from thence he addes It is hard to finde any one though he make his title to appeare as clear as the day that goes away with a living without all dispute For then they thinke their Court to be most flowrishing and fortunate when it rings with a multitude of causes suits quarrels and wranglings with a wild and furious noise and on the other side to bee lame miserable and forsaken when it wants suits and is at quiet when the incumbents doe peaceably enjoy their right 4 Cardinall Cusan in his booke De concordia Catholica saith Wee know the great noise of suits in the Courts both Ecclesiasticall and Civill bring much hurt to the Common-wealth by reason the suits are so intricate and endlesse but especially for that causes are not ended and determined in those places where they were first conceived in their owne Countrey but are oftentimes drawne to the Court of Rome and that upon every triviall point that concernes benefices whereas none but causes of importance ought to be brought thither 5 The Parliament of Paris in the Remonstrance made to Lewes the 11 in behalfe of the liberties of the Gallicane Church and for the retaining of the Pragmatique Item in very deed if these constitutions were not there would not be a Clergy-man certaine of his estate For proofe whereof wee may remember how they of the Court of Rome have behaved themselves herein after it was repealed by the King For they not onely tooke upon them the cognizance of causes Ecclesiasticall but also of causes concerning right of inheritance yea and of causes royall the cognizance whereof belongs to the King and his Court of Parliament as hath beene seene in many particular cases where the Court sent to the King in Guien and there the King provided for them by remarkable Edicts which were registred and published in the said Court Item to prove that it is a depopulation of the Kings dominions it is certaine that before these decrees and constitutions were made by reason that reservations and donations in reversion were in force and the cases tryed in the Court of Rome the subjects of the Realme left their Countrey in great numbers some to serve Cardinals others to be officers others wanting service spent that meanes which their parents left them to to purchase some favour there and others in great abundance to vex and trouble those that stayed at home to get their benefices insomuch that what by the tediousnesse and danger of the way what by reason of the plague which is commonly at Rome the most of those that went thither dyed and those that escaped these perils so molested with citations old feeble persons residing upon their livings and such as were not able to defend themselves that by reason of these vexations they shortned their dayes and dyed sooner than they would have done by the common course of nature Item Others ambitious of preferments exhausted the purses of their parents and friends leaving them in extreme poverty and misery which was sometimes a cause of shortning their dayes and all the gaines they got was a peece of lead for gold and when they thought to be preferred by their patents in comes another with an annullation and sometimes you might find ten or twelve grantees of the same beneficeâ— and upon the controversie thence arising all enforced to trudge to Rome againe to plead the case there to the continuall vexation of the subject and the dispeopling of the Realme 6 S. Bernard also exclaimes hard against these suits arising in the Court of Rome for addressing his speech to Pope Eugenius the 3 he saith What means this I pray you to plead from morning till night or to hearken to those that plead with my consent let malice bee content to take up the day but the very nightâ— are not free there is scarse so much allowed to the necessity of nature as will suffice for the repose of this poore bodie it must rise againe for these wranglers one day begetteth suits to another and one night certifieth his malice to another 7 In another place he complaines of the great multitude of appeals which â—low to Rome from all coasts of the world How long must it be before you awake and consider such a mighty confusion and abuse of appeals They are commonly practised without either right or reason beside all order or custome without any distinction or difference of place manner time cause or person they are easily admitted and ofttimes impiously Those that would bee wicked were they not wont to be terrified with them but now they on the contrary doe affright others and especially honest men with them goodmen are appealed by knaves to hinder them from doing good and they give off for the awe which they beare to the voice of your thunder Lastly appeals are put up against Bishops that they may not dare to dissolve or forbid marriages appeals are put up against them to hinder them from punishing or curbing rapines robberies sacriledges such like crimes appeals are preferred to hinder them from putting backe or depriving unworthy and infamous persons of sacred offices and benefices Which hee afterwards proves by such examples as befell in his time which wee passe over 8 Hildebert Archbishop of Tours exhibited the like complaint to Pope Honorius the second in these words We never yet heard on this side the Alps nor found any such thing in the sacred Canons that all sorts of appeals should be received in the Church of Rome but if haply any such novelty bee crept in and it be your pleasure to admit all appeals without distinction the Papall censure will be undone by it and the power of Ecclesiasticall discipline will be trampled under foot for what royster with not appeal upon the least commination of an anathema What Clerk or Priest is there which will not defile or indeed which will not bury himselfe in his owne excrements upon confidence of his frustratory appeall by virtue whereof the Bishops cannot presently punish I say not all sorts of disobedience but not any at all The least appeals will break his staffe rebate his constancy quell his severity in putting him to silence and the malefactours to an impunity of offending 9 They not only enâ—ruate the ordinary jurisdiction of Bishops and other Ecclesiastiques by their appeals but also by other wayes without sparing of those that breathed nothing but the greatnesse of Rome as amongst others Ivo Bishop of Chartres who after hee had done much good service to the Court of Rome insomuch that he cast himselfe out of favour with his Prince and did many ill offices to France was finally compelled to make make his complaint that a cause of his depending before the Ordinary was removed to Rome by an extraordinary way And likewise that the ordinary course of justice is
in these times For the question being about the taking up of their quarrell he speaks thus I aske where is that which is able to passe the judgement which they pretend shall it be amongst them so the same enemies should be both witnesses and judges but even humane affaires ought not to bee committed to such a judgement how much lesse divine and ecclesiasticall every wise man doth perceive Say we then that those who were out of favour with the Pope and his adherents were wise and well-advised that they would not trust themselves to his judgement Pope Nicholas the first who quotes these two examples in an epistle of his to the Emperour Michael gives us this rule That our enemies and those whom we suspect should not be our judges Which as he saith was decreed at the Generall Councell of Constantinople and gives this reason of it Because nature teacheth us to avoid the plots of suspected judges and refuse the judgement of our enemies After all this Gratian makes this conclusion That how manifest so ever a mans offences be he should not for al that be coÌ„demned by his enemies It were superfluous here to alledge the Civill Law to prove that the enmity of the judge gives sufficient cause of refusing him in point of judgement seeing it is a matter well enough knowne CHAP. VI. That the Councell was holden in the midst of divers troubles and tumults THE hatred of the Pope towards the Protestants and the King of France did shew it selfe so fully before that it burst out into cruell warres Where we may observe an egregious nullity of the Councell in all the Sessions thereof in that it was begunne continued and ended amongst the troubles raised against the King of France the Protestants of Germany and them of the Religion in France by the instigation and inducement of the Pope and his instruments This is evidenced by the very acts of the Councell it selfe for at the end of the tenth Session holden September the 14. 1547. the Cardinall de Monte the Popes Legat and President of the Councell speakes thus Besides these difficulties there is the heynousnesse and enormity of an unexpected accident which befell the person of the most illustrious Duke of Placentia which doth so take up our employment for the defence and safegard of the liberty of the Cities which belong to the Church that we our selves are not in safety one houre no not one minute of an houre The Popes Legats make this remonstrance in the sixth Session That of a suddaine there are such broiles and such warres kindled they are the very words of the Councell that the Councell is constrained as it were to stop it selfe and breake off its course with no small inconvenience and all hope of proceeding further is now quite taken from it and so farre is the holy Councell from redressing the evils and incommodities of Christians that contrary to its intentions it hath rather irritated than appeased the hearts of many Pope Pius the fourth in his Bull of the publication of the Councell which was for the continuation of it bearing date the 30. of Decemb 1560. affords us such another testimony But saith he as soone as new broiles were raised in the neighbouring parts of Germany and a great warre was kindled in Italy and France the Councell was afterwards suspended and adjourned 2 But it is requisite we make these troubles more plainly evident seeing it is a most just exception against the Councell The Protestants complaine that the over-hasty resolution made by the Fathers in that Councel was purposely to wage warre against them The Duke of Saxony and the Lantgrave of Hassia say so downright in their letters Whereas you buckle up your selves to set upon us with force without once telling us the reason why wee referre that to God and as soone as we shall know what yee accuse us of we will answer so as every one shall say that we are wronged and that ye undertake this warre by the impulsion of the Antichrist of Rome and the wicked Councell of Trent Though wee give no credence to these letters yet let us heare what Pope Paul the third saith to it in his letters to the Suitzers of the third of Iuly 1546. 3 We thought the obstinacy of these villaines would put us upon the necessity of falling to force and armes but having oft considered what was to be done praying God to let the light of his divine counsell shine upon us it is falne out fitly that our most beloved sonne in God Charles Emperour of the Romanes ever Augustus being offended meerly with the same villanies of those rogues that we were and for that a Councell being granted by us to the German nation mainly by his meanes and at his entreaty those who despise it despise also his authority and all that he hath done concerning it as some doe very injustly and sawcily hath resolved by force of armes to revenge the holy cause of wronged truth Which occasion as being without doubt offered unto us by God himselfe we very readily embrace being resolved to second the good intentions of that great Emperour with all the meanes and forces which either we or the Church of Rome can raise 4 Now that the Councell of Trent hath had a hand also in that designe of war not onely the Historians relate but it may be fairly concluded from hence that they never gainsaid it For it is not any way likely that they should suffer such a warre to be made under their noses and they not approve of it While the preparations wâ—re made for it nay while the armies were in the field and that under the conduct of Octavianus Farnese the Popes nephew and all was in an uproare and combustion the Councell made decrees about the controversies of greatest importance when there were but a very small number of Bishops there 5 When Iulius the third came to the Popedome in February 1550. upon the Emperours intreaty hee ordained that the Councell should bee continued Where we may observe that at the very same time a warre was denounced against King Henry the second by the Pope and the Emperour and that upon an injust quarrell Which is proved out of Onuphrius an Historian of the Popes in the life of that Iulius He gave some hopes saith hee of composing the differences in religion when at the request of the Emperour hee declared by his â—ull in the first yeere of his Popedome that the Councell should be continued at Trent at the beginning of the next May. And presently after he addes He unwittingly put himselfe upon the warre of Parma and thereby set all Italy nay all Europe on fire Another Catholique Historian saith During the time that these things passed upon the frontiers of Flanders and Picardy the Pope at the Emperours request summoned the Councell to Trent for the extirpation of heresies Because it was plaiâ—e that Bononia
some place for that end makes expresse mention of the safety of the place Wee are ready saith he to assemble Kings Prelates and Princes both spirituall and temporall in some place of safety And the glosse upon this A judge should appoint such a place or else there is a just cause of appeal although it bee said that no appeal shall be admitted 20 Ivo Bishop of Chartres complaines of the Popes Legat because he had chosen the city of Bloys there to decide the cause of the Clergy of Chartres who could not repaire thither with safety by reason of the populacy of that City 21 The same Bishop having a controversie with some of his Clergy depending before the Archbishop of Sens his Metropolitan intreats him to appoint a place for judgement whither they might goe and come with safety 22 The Legat we spoke of having appointed a Councell consisting of French Bishops to meet at Sens for the absolution of King Philip the first from the excommunication which was darted out against him by the Pope by reason of his unlawfull marriage hee gives him notice that hee might have done better to have proceeded to that absolution in another place then Sens that so every one might have had meanes to speake his opinion freely 23 The Doctours of the Canon law doe all agree that an exception against the safety of the place is pertinent and ought to be admittedâ— that it is good both by the Civill law and the law of nature that a man summoned to a place where any danger threatens him is not bound to appeare nor to send his proctour and that a judge is bound to assigne the parties a place of safety for the hearing of their cause otherwise there is just cause of appeal CHAP. VIII That all those who ought to have had a decisive or deliberative voyce in the Councell were not called 1 COmplaint is made also that all those who ought to have had a consultative or deliberative voyce in the Councell were not called thereunto Paul the third by his Bull dated in May 1542 and Pius the fourth by his in November 1560 call none to that Councell to deliver their opinions but Cardinals Patriarchs Archbishops Bishops Abbats and Generals of Orders They doe not mention in expresse termes either the first or the last of these but yet they are comprehended under those words All others whosoever which are restrained to them alone For this sense the Popes expositors put upon them and this is the form which is received in the Church of Rome witnesse Bellarmine and those whom he urgeth Nor was there any but those who had voices in the Chapter of the Councell All the petty Ecclesiastiques had nothing else to doe there but to pick their fingers or to pen neat speaches of such matters as were there treated of But for decrees those lettice were not for their lips All this is confessed by the Doctors themselves yea and defended too The Popes whom I named exhort those whom they call thither that they should not faile to come there yea they straitly injoyne them by vertue of that oath which they have taken to them and to the Holy See which cannot be referred neither to Protestantsâ— nor any other that have drawne back from their obedience to him nor yet to Lay men howsoever obedient 2 Hence two complaints arise one that the Ecclesiastiques of the Protestants side being they could not have a deliberative voice there had nothing to doe to goe thither The other that the Laiques of both religionsâ— have ground of complaint being excluded from this judgement As for the firstâ— when any controversie arose diverse courses have beene taken to compose the differences in religion Sometimes the Emperours have appointed judges before whom both parties came and discussed their opinions freely Phâ—tinus Bishop of Smyrna being accused for a heretique by the Councell there was afterwards admitted to dispute with the Catholique Bishops In which dispute saith Sozomen certaine judges were ordained for presidents of the Councell who from that time forwards were accounted men of prime rank in the Palace both for knowledge and dignity After many objections and answers pro and con Basil Bishop of Ancyra who defended the doctrine of the Catholiques got the victory and Photinus was condemned and sent into banishment At the generall Councell of Chalcedon which consisted of six hundred Bishops there were diverse officers of the Emperours Valentinian and Marcian and a good number of Senators that came to preside there yea and to judge of all differences and controversies even such as concerned faith and religionâ— who behaved themselves so that in some points they swayed that great company of Bishops by their advice As we have observed more particularly in the title of the presidency in Councels Honorius the Emperour to lay the quarrels that were in his time between the Catholiques the Donatists in Africk called them all together at Carthage and deputed Marcellinus one of his officers to bee judge who after hee had heard all along the reasons on both sides pronounced the sentence of condemnation against the Donatists Wherein he saith amongst other things 3 To the end that apparent errour may undergoe the yoke of revealed truth by the authority of this present Edict I advise all men of what condition soever landlords stewards and farmers as well which hold of the Crowne as of private possessions with the Ancients in all places that not forgetting the lawes their own dignity honour and safeguard they doe their endeavour to hinder all Conventicles of the Donatists in all townes whatsoever who shall be bound to surrender up to the Catholiques those Churches which I allowed them of courtesie untill the day of sentence without commission from the Emperour 4 Possidius that writ the life of St. Austin reports as much in plain terms This happened mainly saith he by occasion of the conference which was at Carthage betweene all the Catholique Bishops and the Donatists by the command of the Emperour Honorius who sent Marcellinus the Tribune into Africk to be judge in that collation In which controversie the Donatists being throughly confuted and convinced of errour by the Catholiques were condemned by the sentence of the judge He addes moreover that they appealed from that sentence to the Emperour and that they were afterward condemned by him and declared heretiques 5 Pope Miltiades also with some other Bishops had passed sentence in that cause but the Donatists being not well content with his judgement the Emperour remitted them afterwards to the Bishop of Arles as St. Austin relates That which Cardinall Iacobatius a stickler for the Popes authority saith is very remarkable that lay-men were sometimes admitted to Councels to bee judges betwixt those that canvassed some deepe point Hereupon saith he in a Synod holden in a Councell before Constantine and Helena where it was disputed whether
defeated and stopped by Apostolicall letters and rescripts The German Nation framed likewise a complaint concerning this point and presented it to the Emperour Maximilian The causes say they that might be determined in Germany where there are both just and learned Iudges are removed to the Court of Rome withouâ— any distinction 10 The Popes have likewise gone about to usurpe the Lay jurisdiction and to draw unto them all sorts of Lay men even in profane maâ—ters whereof the States of Germany made a grievous complaint also which we will here insert Seeing that not only the grounds of equity but also the ordeâ— of things doth require that the bounds of jurisdictions be distinct and limitedâ— and that every Ordinary content himselfe with his owne bounds without entrenching one upon another in the exercise of their jurisdiction yet the Popes heretofore never considered this equity but sleighting it have oftentimes cited Laymen to Rome and made them appeare in judgement before them and that evâ—n in causes profane as cases of inheritance or morgages and those of the first rank Which thing tends to the losse dammage and mispâ—ision not onely of those that are summoned but also of the states of the Roman Empire and to the disgrace and infringing of its jurisdiction Item when any man offers to affirme upon oath at Rome that he doth not expect that he can obtain justice of his competent Iudge in Germany he is forthwith admitted to take that oath and letters are granted to him to set his adversary a day and so the suit is removed from Germany to Rome without ever any request made to the Iudge or notice given to the party Whereupon under pretence of this oath neither the reasons of not proceeding nor any other proofes are admitted although it may bee plainly convinced that the adverse party is perjured Which thing if it take any deep root and be not remedied in the beginning all causes in fine will bee devolved to the tribunall of the Court of Rome and all Ordinaries deprived of their jurisdiction which would be both unjust and untolerable 11 Wee will here set down by way of commentarie on these Articles the severall usurpations which the Popes have made upon Lay men in point of justice and jurisdiction The Glossatour upon the Canon Law freely confesseth That the Pope doth daily give out writs to Clergy-men against Layiques in all causes whatsoever and by this meanes getteth the jurisdiction of the other The Parliament of Paris urgeth this usurpation in their Remonstrances to Lewes the eleventh Item the Clergy would not only be molested by citations from the Court of Rome but the Seculars would be like the Barbour before S. Dennis of the Charter who lost his son in the Court of Rome by the Pestilence and the Father was afterwards summoned into the Court for his sonnes debts as also M. Iohn d' Argonges the Kings Advocate One of our old Lawyers toucheth this very usurpation Observe saith he speaking of the exception in case of excommunication that this was invented by the Pope for another reason to wit that his power might be therein enlarged as well in the Civill Court as the Ecclesiasticall which ought rather to be restrained than augmented inasmuch as the psalterie doth not agree well with the Iettren 12 Other Prelates have done the like after the example of their Head witnesse the complaint of M. Peter de Cugueres against the Clergy of France Although the cognizance of Lay men belong to the Secular Iudge excepting in spirituall cases yet the Bishops Officials cause them to be summoned before them upon the demand of the parties and if the said Lay men decline the jurisdiction of those Officials or those Lords whose subjects they are require that they may be dismissed as being their temporall Lords and Iudges the said Officials refuse to do it and compell the parties by excommunications to proceed before them Hee quoteth many other cases in divers Articles which the reader may see in the Authour CHAP. VIII Of Ecclesiasticall informations and of the Popes Commissaries and Legates 1 THe chiefe meanes whereof the Popes have served themselves against Laymen to get the jurisdiction over them even Kings and Princes have beene Ecclesiasticall denuntiations for upon complaint and information made unto them against a Layman they would cause him to be summoned before them namely then when there was any oath in the businesse or any sinne might follow upon it which commonly fell out in all causes And suppose all this failed the Plaintife needed but sweare that hee looked for no justice from the Lay Iudge as the articles of the States of Germany have it 2 Wee have a pretty example in Philip Augustus King of France who having some difference with King Iohn of England surnamed Lacke-land concerning the Dukedome of Guyen and Earledome of Poictiers which Philip supposed to belong to him because homage was not done for them and concerning the Dukedome of Brittaine which was confiscated unto him by the murther of Arthur King Iohns Nephew whom he had killed hee was summoned to Rome by Innocent the third upon the information made by Iohn supposing that the Pope ought to have the determining of their controversie by reason of an oath upon the setling of the lands formerly made betweene the two Kings and the violation thereof concerning which hee writ at large to the Bishops of France that they would approve of his proceeâ—ings which was so well liked by his successors that they canoniz'd his Decretall which neverthelesse hath beene disliked by some Devines And for the Canonists some of them have said that the Protestation which he makes at the beginning of it contradicts the Act it selfe in as much as he declareth that hee will not meddle with the jurisdiction of the Kings of France which neverthelesse hee did for the feudall differences being determined by the Peeres of France betwixt Philip the Lord and Iohn the Vassall yet the Pope would have his Legats to have the cognizance of them for heark how he speakâ— That Philip would patiently suffer the Abbat of Casemar and the Archbishop of Bourges to have the full hearing whether the complaint put up against him be just or his exception legall The observations of learned Cujacius up 〈◊〉 that Chapter are remarkable He protesteth saith he doing one thing anâ—â—etending another not to intermeddle nor usurpe the cognizance of the fieffs beloâ—ging to the King which he knoweth to appertaine to the King and the Peeres of France but onely to have the cognizance of the perjury And he afterwards addes All this he wrote to appease the Prelates of France and beare them in hand that he proceeded justly against their King and put all his Kingdome in an interdict upon this occasion yet for all that he gained nothing by it 3 In the time of Saint Lewes a great complaint was made against Innocent the fourth
by the Nobility of France upon occasion of such usurpations Yea in so much that they put out a very bitter declaration which startled him a little as the English Historians doe record Loe here a piece of it All we prime men of the Kingdome perceiving out of our deepe judgement that the Kingdome was not got by Law written nor by the ambition of Clergy-men but by the sweat of warre doe enact and ordaine by this present decree and by joynt oath that no Clerke nor Layman shall sue one another before the Ordinary or Ecclesiasticall Iudge unlesse it be in case of heresie marriages and usury upon paine of confiscating all their goods and the losse of a limbe to the transgressors hereof for which certaine executioners shall be appointed that so our jurisdiction being resuscitated may revive againe and those who have enriched themselves by our poverty amongst whom God for their pride hath raised up prophane contentions may be reduced to the state of the Primitive Church and living in contemplation may shew us those miracles which are fled out of the world a long time agoe and wee in the meane time lead an active life as it is fitting The Historian addes The Pope having heard these things sighed with a troubled minde and desiring to appease their hearts and breake their courage after hee had admonished them he frighted them with threats but he did no good for all that 4 The King of England in imitation of our French made also a Statute for the preservation of his justice The same yeere 1247 saith Matthew Paris the King of England following the example of those Lords that made these Statutes in France which were approved and sealed by their King to tame in part the insatiable greedinesse of the Court of Rome ordain'd that these things following should be inviolably observed To wit that Laymen should not be convented before an Ecclesiasticall Iudge in case of perjury or for breach of promise Gregory the seventh kept a fine decorum when after hee had deposed out of hand the Emperor Henry the fourth when he was doing his pennance at Rome and created Ralph in his stead he would afterwards be the judge of their controversie to see whether had the wrong A Germane Priest makes mention of the pennance appointed to the said Henry whereof wee speake in another place he saith moreover that in the time of the vacancy The Pope sent a crowne of gold to Ralph Duke of Suevia accompanied with a verse which we have cut into two as good as the Latine Petra dedit Romam Petro tibi Papa Coronam The Rocke gave Peter Rome in fee The Pope bestowes the crowne on thee He addes that the Pope commanded the Archbishops of Mayence and Cullen and other Princes and Bishops of Germany to take Ralphs part and to make him Emperour which was done accordingly That the Bishop of Strasburg the Emperours great friend going to Rome after hee had sought him diligently a long time through the City and found him in the places consecrated to the Martyrs and told him of the new election and how much it concerned him to goe to Germany in all haste to â—ll â—nfort â—his friends and repell the force of his enemies the Emperour making â—omewhat nice of departing without the leave of the Sea Apostolique the Bishop enformed him that all the mischiefe of the treason proceeded from the Romane treachery and that it was necessary he should flie away privily if he would avoid being taken 5 The case being thus let us now heare the narration which Gregory made hereof in his Bull of excommunication and his pretence for the judgement Certaine Bishops and Princes of Germany saith he having been a long time vexed by that wilde beast in stead of Henry who fell from the Empire by reason of his offences chose Ralph of Suevia for their head and King who using such modesty and sincerity as befits a King sent his commissioners forthwith unto me to give me to understand that he undertooke the managing of the Empire against his will That notwithstanding hee was not so desirous of reigning but that he lov'd rather to obey us than those who promised him the Empire That he would be alwayes under our power and Gods and to the intent we may be assured that he will be so he hath promised to deliver his children unto us for hostages From thenceforth Henry hath begunne to vexe himselfe and intreat us at first to repell Ralph from usurping the Empire by anathema's I replyed that I would see who had the right and that I would send my Nuncio's to examine the whole businesse and afterwards I would judge who had the better cause 6 They have gone so farre in this point that they have attempted to exercise jurisdiction over Kings and Princes in their owne cause as Boniface the eighth who having a controversie with King Edward the first of England touching the Realme of Scotland which the Pope said belonged to the Church of Rome he writ to him That if he pretended any title to the Realme of Scotland or any part thereof he should send his Proctours and speciall Ambassadours to the See Apostolique with all his rights and instruments belonging to that particular there to receive full justice upon the premises The King of England caused answer to be made unto the Pope by the chiefe Lords and Barons of his Kingdome assembled together in Parliament as they call it where they say concerning this point That the Kings of England have not nor ought not to answer for the titles which they pretend to the said Kingdome or other temporall matters before any Iudge Ecclesiasticall or Civill by reason of their royall dignity and prerogative and the custome inviolably observed in all ages Wherefore after mature deliberation and advice about the contents of your letters the common and unanimous consent of all and every one of us was and shall be without starting for the future that our King ought not any way judicially to make answer before you concerning his right to the Kingdome of Scotland or other temporals nor in any wise submit to your sentence or bring his right in question and dispute or send his Proctours and Ambassadours before you for that purpose and we doe not allow nor will in any wise allow what we neither can nor may that our King if he would doe the said things which are inusuall unlawfull prejudiciall and unheard of nor that he goe about to doe them in any wise 7 Innocent the fourth saith another Historian caused Henry the third King of England to be summoned before him to answer to one David a vassall of his and to give him satisfaction as hee said for some injuries which hee had done him this thing was derided and made a mocke of among many 8 They have not only attempted to determine of profane matters between Lay men but which is more to disanull
him King William the first of England in the beginning of his reigne which was about the yeare 1070 knowing this very well deposed some part of the Bishops and Abbats from their dignities and Prelacies and put others in their places whose fidelitie was known unto him 34 Another Monke and English Historian saith the Popes upon this occasion invented another way to oblige such Prelats unto them as held their dignities from Kings and Princes Which was by making them renounce them and resigne them into their hands as faultie and nullities and taking them with one hand they gave them againe with the other Ivo toucheth upon this tricke in his epistles For amongst other reasons to prove that investiture is no heresie hee puts this If Investiture were an heresie hee that renounceth it could not be restor'd without blemish to himselfe Now wee see many honest men both in Germany and Franceâ— give up their Pastorall staffes to wash away that staine by some shew of satisfaction and resume those Investitures which they had renounced from the Apostolique hand So did Thomas the Archbishop of Canterburie who put Henry the second King of England to so much trouble For being at the Councel of Tours Hee secretlie resigned that Archbishoprique into the Popes hands which he had received from the Kings hand and it was afterwards restor'd him againe at the same instant from the Popes hand It was Alexander the third who held this Councell at Tours in the year 1163. A REVIEW OF THE COVNCELL OF TRENT BOOKE VI. CHAP. I. Of things attributed to the Pope by this Councell in matter of justice And first of criminall causes of Bishops 1 WEE will treat in this Booke of Iustice and Iurisdiction and wil make it clearly appear that this Councel hath as far as it was able robb'd Kings Princes and other Clergie men of them to bestow them upon the Pope It is a most true Maxime that all Iurisdictions do spring from secular Princes that the source and fountaine of them is hereditarie to them whence the rivulets are derived upon their officers and upon Ecclesiasticall persons and others whom they thinke good Clergie men from the greatest to the least have no coactive jurisdictions but such as spring from thence Kings and Emperours have parted with it and have honoured them with it but in such sort as some of them both did and doe abuse it daily They are come so farre as to contest with their officers to attempt against them to make laws for extending the traine of their robes further yea even to subdue unto themselves those from whom they received that power and by a most unsufferable ingratitude to declare and pretend them subject to their jurisdiction All this is proved by us elsewhere Wee will onely say here that this Councell â—â—â—h gone about as it were to lay at the Popes feet all the spoiles and conquests which all other Bishops have got from those victories obtained by them â—t divers times over the temporall Iurisdiction and over those to whom it belongs and to paire also that which is left unto them making it almonst unserviceable and invalid at least for as much as concernes the Pope and his Clergie whom it totally exempts from their Iurisdiction 2 We shall make it appeare plainly that this Councell hath dealt very liberally with the Pope in this respect and that it hath strain'd it selfe to confirme his usurpations yea even to augment them without sparing any thing First of all it attributes to the Pope the cognizance and judgement of all criminall causes of Bishops except pettie ones That the Pope onely have the cognizance and decision of all criminall causes which are more hainoâ—s objected against Bishops and even of heresie which God forbid But if the cause be such as it must necessarily be tried out of the Court of Rome let it not bee committed to any persons excepting such Metropolitans or Bishops as the Pope shall chuse That this commission be in speciall and sealed with the Popes hand and that hee never give them any greater power but onely to receive the bare instruction for matter of fact and to make the processe which they shall forthwith send to the Pope the definitive sentence being alwayes reserv'd unto the Pope 3 In another decree it is ordained That the causes of Bishops when by reason of the quality of the crime which is objected unto them they ought to make appearance be brought before our holy Father the Pope and be determined by him It is also decreed against Bishops that keepe concubines That if they doe not abstaine from that crime after they have beene admonished by the Provinciall Councell they shall bee complained of to the Pope by the same Councell who shall punish them according to the quality of their offence even by deprivation if need require So that a Provinciall Councell hath no power to condemne a Bishop for criminall matters save onely for Peccadillo's such as we may say for playing at ball for getting up late in a morning and such like things 4 Now wee say on the contrarie that the cognizance of such crimes belongs to Emperors and Kings That they themselves ofttimes have proceeded to judgement That they have assembled Councels for that end and have assisted and presided there That sometimes they have committed the same judgement to the said Councels or their Iudges That Popes themselves have become petitioners unto them yea plaintives before them and which is more have themselves beene judged by them 5 The Bishops of the Nicenâ— Councel acknowledge Constantine for their Iudge when they presented their Libels unto him wherein they accused one another hee blush'd at that in their behalfe and would have covered their shame by suppressing such Investitures using this honest shiâ—t to them that they could not be judged by any man In which the Pope alone tooke him at his word although hee were absent and hath made good use of it afterwards Now that Constantine said this by way of complement and to suppresse those dishonorable quarrels appears from hence that upon other occasions hee either tooke the judgement upon himselfe in the causes of Bishops or committed it to his Officers Hee made the Bishops of the Synod of Tyre to come unto him to render a reason of their â—act in the condemnation of Athanasius And after hee had heard them confirmed their sentence being moved so to doe by the testimony of false witnesses which were subborn'd and sent Athanasius unto banishments into Tryer a citie in Gallia Belgica 6 The same Emperour after hee had twice ordain'd Ecclesiasticall judges to determine the cause of Cecilianus an Orthodox Bishop at last he himselfe tooke it into his cognizance and gave the finall sentence So say the Clergy of Hippo in Africa in that epistle which St. Augustine made upon the same occasion and sent to Ianuarius Being so stricken in age as you
falsly usurped the name of Pastour the authour of the conspiracie made against me At last hee was condemn'd to banishment and afterwards recalled and restor'd to his citie and Bishoprique by the King himselfe Chilperic assembled another Synod to try the accusation of high treason objected against Gregory Bishop of Tours grounded upon this surmise that he would have delivered the Citie of Tours to King Guntrand where he was acquitted as not guilty and Leudastus his accusâ—r excommunicated Chilperic also upon an accusation brought by one Suâ—nigisilus against Giles Bishop of Rhemes as guiltie of a conspiracie against King Childebert caused him to be apprehended and carried to the Citie of Mentz where he assembled some Bishops who proceeding to judgement upon him deposed him from his Bishoprique and confined him to Strasbourg Didier Archbishop of Guien was deposed at a Provinciall Councell assembled by the same King at Chaalons in Burgundy 23 Childebert and â—untrand made certaine Bishops assembleâ— to proceed in judgement upon the Abbesse and her Religious of Poictiers Wee are met together say those Bishops by the command directed unto us by virtue of your power Bishop Adlabert was condemned of heresie by three and twentie Bishops at the Councell of Soissons with the consent of King Pepin and of the people and the Counsell of the greatest Peeres in France The like was done unto three Bishops accused of conspiracy against King Lewes the Piteous by the sentence of a Synod assembled to that end by his command So King Charles the Bald assembled some Bishops to condemne his sonne Carloman who was a Clergy man and his complices of the same profession 24 Sometimes our Kings proceeded to judgement by their owne sole authoritie without ever assembling the Clergy So Chartier Bishop of Perigord was accused before King Chilperic upon occasion of some letters writ against him and was acquitted because it could not be proved One Theodorus Bishop of Marseilles was also brought and accused before King Childebert but in conclusion absolved as not guiltie and accused after that together with another Bishop called Epiphanius that they had received into Marseilles Gundebaldus who said hee was the sonne of Lotharius who after they were heard examined and found not guiltie were notwithstanding kept in prison 25 We read notwithstanding that King Charles the Great called an assemblie of Bishops to heare Felix Bishop of Orgelle who was accused of heresie and being convinced he was sent to Rome to Pope Adrian before whom hee abjured his heresie and was sent backe to his Bishoprique But it may bee answered that this was not properly an accusation but only a dispute and that when the Bishops of France had heard and convinced him of errour they would doe Pope Adrian that honour as to send him to him that hee might have the hearing of him afterwards So his heresie was condemn'd yet after that at the Councell of Francfort as appears by the Acts of it 26 The Popes were anciently so stanch in this regard that they tooke not upon them upon their owne accord to judge of the crimes of other Bishops save onely such as were of their owne Diocese but suffer'd those to proceed upon them to whom of right it appertained So the Clergy of Valentia having accused Maximus their Bishop to Pope Boniface the first of many grievous and heinous crimes hee would not meddle in it but return'd the judgement to the Bishops of France They would not take the cognizance of them neither in the first place nor by appeall not even then when the Bishops of a Province were divided which yet was a faire pretence but in that case they were cal'd in judgement before the Metropolitan and other Bishops of the next Province according to the fourteenth Canon of the Councel of Antioch inserted in the Decret From which the Canon Hosius inserted in the same Decret doth no way derogate which speaks of civill controversies amongst Bishops and not of criminall causes as appears by the fourth Canon of the Councel of Sardis from whence it was taken In which case it was granted as an honour to Saint Peters chaire that if either of the two Bishops bee not content with the judgements given by some of their fellow Bishops that they shall write thereof to the Bishop of Rome to the intent that if hee thinke good they should proceed to judgement againe his advice may be followed and and that Iudges may bee assign'd unto them by him 27 But to returne to criminall matters Such processe was ancientlie used concerning them in this Kingdome as wee have said already That jurisdiction at this present is divided betwixt the Kings Officers and the Clergie of France The Iudges Royall have the cognizance of priviledged causes such as are high treasons tumults seditions ambushes bearing of armes assassinations and such like in respect of which they may proceed and pronounce against all kind of Clergy men yea even against Bishops and Archbishops As for other crimes which are called common such as are actions of trespasse battery concubinages murders forgeries and such like the official and other Ecclesiasticall Iudges have the cognizance of them If I should make these expositions in the Palace I should bee affraid that all the Proctours would cast their caps at mee to whom this is sufficiently knowne But considering the foundations of our practise are shaken and are like to bee cut up by the root it is requisit that I make this rehearsall and that I bring authorities for proofe of my assertion for feare I bee accus'd of ignorance in a matter which every one knowes 28 This distinction of crimes in the person of Clergy men is approved by the Ordinances of our Kings mention is made hereof in that of King Francis of the yeare 1540â— Article the eleventh made at Castle-Briant the year 1551. And that of Henry the third made at Paris the year 1580. Article the twentie one Come wee now to the practise of our Courts This distinction hath alwaies beene observed by all the Courts of France who have set downe the very forme which must be observed in such proceedings who have decree'd That the processe shall bee made and finished by the Iudge Royall upon a priviledg'd case before it bee remitted to the Ecclesiasticall Iudge notwithstanding the declinatory That for tryall of the case Royall it shall bee lawfull to proceed even unto torture inclusively That for the crime of Adulterie committed with notorious fornication a Bishop or other Clergy man is under the jurisdiction Royall As also for the accusation of forgerie by him committed That a Lay Iudge upon just cause may make the processe made by the Officiall upon a common offence be brought before him And notwithstanding the absolution from the common offence condemne the party accused upon the priviledged case And an infinite number of other rules which it would bee tedious to rehearse To
of law concerning temporall matters which is above their jurisdiction for it disposeth of the administration of Hospitals and their revenues It ordaines concerning the making up of their accounts It compels the people to allow maintenance to their Priests Gives power to the Bishops and Ecclesiasticall Ordinaries as Delegates for the Pope to be the executioners in cases commanded by law of all donations to pious uses as well by last will and testament as amongst the living to visit Hospitals Colledges and Schoolesâ— to take the accounts of lay men for matter of buildings Hospitals alms all customs and priviledges whatsoever to the contrarie notwithstanding To examine Notaries elected by the authoritie Royall and Imperiall as Delegates for the See Apostolique and if they finde them insuâ—ficient or pâ—ccant in any thing concerning their office to suspend them for a time or deprive them for ever It deprives the lay patron of his right of patronage in certaine cases Gives the entire cognizance of causes Matrimoniall to the Church Imposeth a punishment upon ravishers of women whether lay men or Clergy declaring them to be incapable of any dignitie and condemnes them to give a dowrie unto those that they have ravished It gives power to the Ecclesiasticall Iudges to proceed rigorously against lay men that keepe concubines according to the qualitie of their crime in case they make no reckoning of Ecclesiasticall censures And grievously to punish those women which live openly with their adulterers and concubinaries according to the hainousnesse of their crime though no man required them to it and that they bee corrected out of the towne or diocesse of Ecclesiasticall Ordinaries calling in to their assistance the secular arme if need be It prescribes a forme and that a very new one to prove rights of patronage It useth commands to the secular Iudges which they should not receive but from their Soveraigne Princes 3 But one of their greatest usurpations in that regard is that which was made concerning duels First in the verie prohibition of them forasmuch as seeing they were allowed by humane lawes they should have bin prohibited forbidden by them too that so Clergie men intrench not upon lay men but every one contain himself within his own bounds Secondly in the coÌ„fiscation of Cities and other places belonging to the Emperour Kings Princes or any other persons where such duels shall bee fought with their leave Thirdly in the forfeiture of all the goods as well of those that fight as of their seconds To make it appeare that those are notorious usurpations wee will set downe this Maxime That a Councell or the Church hath no coactive jurisdiction over Kings and Princes And likewise this other That a Councell hath no power in temporall matters For the first we affirme that a Councell hath no power save onely over that which concernes the spirituall that is over such things as quicken the Spirit or have beene given by the Holy Ghost as namely the word of God and the mystery of the kingdome of heaven as saith the glosse of Saint Ambrose upon that place of the Apostle to the Corinthians If we have sowne unto you spirituall things is it a great thing if we shall reape your carnall things The reasons hereof are set downe in holy Scripture That the kingdome of Iesus Christ whose imitators the Clergie men are is not of this world That he conveyed himself away when he knew they wold have made him king That when he was desired to be judge concerning the division of an inheritance he said he was not made Iudge nor dividour betwixt them That he commanded to give to Cesar the things which are Cesars That himselfe would pay custome money and cause Saint Peter to pay it likewise That hee submitted himselfe to the jurisdiction of Pilate who was Iudge in Iudea in stead of the Emperour and declared that the power of judging him was given unto him from above That he said to his Apostles That Kings exercise Lordship over them and they that exercise an authoritie upon them are called Benefactors but ye shal not be so The Apostles have said that Clergie men ought not to intermeddle with the affaires of this world have commanded that every creature without exception should obey Princes and secular powers and honour the Magistrate as ordain'd by God Saint Paul appealed to Cesar and acknowledged him for his Iudge Saint Ambrose expounding that passage of the Apostle to Titus he admonisheth them to bee subject to Princes and Magistrates that is saith he Although thou have the spirituall Empire to command in that which is spirituall yet notwithstanding he adviseth them to be subject to Kings Princes heads and their Magistrates because the Christian religion deprives no man of his right 4 Saint Austin in his commentarie upon the same place shewes how the Church doth not attempt any thing upon the lawes of secular Princes For feare saith he lest the name of God bee blasphemed as invading that which belongs unto another and lest it should be thought that the doctrine of Christianity as injust did preach any thing against the civill lawes Saint Chrysostome saith That in the Church we should betake our selves to well doing freely and willingly not by constraint Because as hee addes the lawes have not given us any such power as that wee should punish mens offences by authority â—f a judiciall sentence Saint Bernard speaking to Pope Eugenius the fourth Which power and dignity seemes greater to you that of remitting sinnes or dividing inhâ—â—itance low and terrestriall matters have Kings and Princes of the earth for their Iudges Why doe you incroach upon another mans bounds 5 Claudius Espenseus a Sorbon Doctor proves by many good authorities that Clergie men are subject to secular Princes and owe all honour unto them as to their Lords We will here set downe a piece of it The Aposâ—le saith he conforming himselfe to the patterne and answer of our Saviour instructeth beleevers to be subject to the powers and priviledges of this world Thomas Aquinas hath observed that such admonitions were necessary at that time first to remove the errour of the Iewes who beleeved that they ought not to obey the commandements of men In the second place that they might not make any disturbance in the Church Which some troublesome fellowes not observing it is a wonder to see the hubbubâ— which they have raised on both sides by the controversie which they have moved betwixt the Kingdome and the Priesthood There went many hundred yeares after Saint Paul before this filthy Camarina Chrysostome never suspecting that any such thing would come to passe did simply expound those words Every soule Though saith he thou be an Apostle an Evangelist a Prophet a Priest or a Monke And his interpretation was followed by Theodoret Theophylact Oecumenius and other Greeke Authors Gregorie the first caâ—â—ed the
their Sergeants and Varlets constraining them by their censures to execute their Ordinances and obey their Decrees For if an excommunicate person did not readily pay the summes of money expressed in the excommunication the Lay-judge was submitted to the same censure in case hee did not make means for the paimentâ— and if so bee he found no goods hee was compell'd at his own charges to go and appeare before the Officiall to take an oath of his diligence And in case a Clergy man had beene committed to prison by the Lay judge either out of oversight or ignorance though hee were surrendred to the Ecclesiasticall Iudge upon the first demand yet the Lay Iudge notwithstanding was held by the Canons for as good as excommunicate They served themselves also of the same censures against parties in suit excommunicating some Lay men that were summoned before them in causes not spirituall for want of appearance yea and that even after the default made upon a simple citation Item for refusing to plead before them in causes real and actions prâ—ceeding from contracts with Ecclesiasticall persons For not paying the sum set downe in a sentence upon the day therein prefixed although by reason of his povertie the partie were not able to pay it For biding judgement in a Lay Court about the demand of a widdow For drawing those into the cause which live in Hospitals Spittles and houses Royal and conventing them before other Iudges denying them such absolution as was necessarie till such time as they had set an arbitrary fine upon them Vsing also the like vexation to such witnesses as were summoned by them in causes brought before them even although they were out of their jurisdiction As also to such as dwelt in the same place with him whom they had excommunicated sometime causing all the inhabitants of a whole parish or village both old and young to bee cited before them to goe and purge themselves at one or two severall places of the participaâ—ion and commuâ—ion which they might have had with him freeing such as would redeeme themselves by money from this labour All which abuses and infinite more were represented to King â—â—ilip de 〈◊〉 in the yeare 1329 by Mr. Peter de Cugnieres the Kings Counsellour in prâ—â—â—nce of the Prelats of this Realme who in their answers â—ot only not deny thâ—m but which is more defend them 9 Conformable hereunto is the complaint made by the States of Germanie assembled at Norâ—mberg the yeare 1522. â—or they make remoâ—â—â—ance That both at Rome and all other placesâ— many Christians are exâ—â—â—muniâ—atâ—d by thâ— Archbishops and Bishops or their Commissaries for prophane causesâ— and diâ—honâ—st gaine That by this meanes many mens consciences are trâ—â—â—led and thâ—sâ— that are weak in faith are driven to dispaire and at last are brâ—ught to the 〈◊〉 of soule and body and honour and goods contrary to all laâ—â—oth diviâ—â— and â—umane And for this cause they required That none might 〈◊〉 excommunicated but for the crime of manifest and convinced heresie They coâ—â—â—iâ—ed aâ—so tâ—at to beare one excommunicate person company the Ecclesiasâ—â—â—al Iudgâ—â— would excommunicate ten or twelve of his neighbours without any cause or 〈◊〉 that they constrained his fellow-citizens to pay for him that was not â—ble to pay for himselfe as also for that if a Priest happened accidentallâ— to â—e killed any where all the towne or Citie was interdicted by reason of tâ—e â—â—rther Durant Bishop of Menda saith that in his time In many places excommunications were thundred out for a six penny debt 10 These abuses and such as these of which wee have spoken elsewhere did many times constraine Kings and Princes and their Oâ—â—icers to oppose themselves against them take them into their cognizance to restraine them Ludovicus Bavarus was excommunicated by Iohn the twentie second because he had behaved himselfe as Emperour before hee was crowned by him Whereupon his excommunication was declared to bee injâ—st by an Imperiall Diet at Francfort Philip the Faire was interdicted by Boniface the eight the States of France disanull'd his excommunication Bennet the thirteenth hurld his thunderbolt against Charles the sixt the Parliament of Paris together with all the Lords of the land condemned his Bull and the bearers of it Gregory the fourteenth excommunicated the late King and the King now reigning the Parliament of Chaâ—lons by an Arrest given out in Iune 1591 did casse repeal and nullifie his Bulls processes and excommunications as abusive scandalous seditiousâ— full of impostures and made contrary to the holy Decrees Canonicall Constitutions approved Councels and the rights and liberties of the Gallicane Church absolved those that were excommunicated by virtue thereof and decreed they should bee burn'd in the market place by the common hangman The Parliament sitting at Tours did ordaine the like by an Arrest of the fift of August 1591. Furthermore declaring the said Gregory who cals himselfe Pope the fourteenth of that name an enâ—mie to the peace to the union of the Catholique Apostolique and Roman Church to the King and State 11 Seeing wee are gone so farre in this point of Excommunications wee will speake oâ—â— word of the demands which were put up at the Councell of Trent by the Emperour Ferdinand by Charles the ninth and the States of Germany The Emperour demanded that there might bee no proceeding to excommunication but for mortall sin or a publique offence The King of France That it might not be denounced upon every fault nor for contumacie but for some grievous sinne and that after three admonitions The States of Germany That it might bee only for opeâ—â— and convicted heresie These demands were conformable to the Decrees of ancient Councels as namely that of Agatha and that of Auvergne which are Canonized in Gratians Decree by virtue of which no man can be excommunicated upon light occasions and that of Rhemes holden under Archbishop Sonnace where it is said Let no man be lightly or rashly excommunicated 12 The like demand was made by Durant Bishop of Mande at the time of the Councel of Vienna to whom Clement the fift had given in charge to observe him all that stood in need of reformation That no body saith hee be excommunicate but for mortall sinne considering that anathema is a comdemnation to eternall death which ought not to be inflicted save only upon such as are incorrigible and not for pettie light matters Which is not observ'd in the Church of Rome in which even by the Delegates thereof these sentences are thundred out against Prelates and other persons for a very small matter 13 Marsilius of Padua speakes likewise of them in this wise But that which is most abhominable of all and very odious in the office of Church men is that the Bishops of Rome and others also to enlarge their jurisdiction and reape some most base gaine by it
they commenced every one of them for twenty pound rent given unto them by legacy by the said Ioan. And the said Court did reserve unto it selfe the power of disposing of the said revenew for the soule of the said Ioan deceased Pronounced the twenty fourth of March 1385. Amongst the Arrests num 28. In the same Collection I finde written December the fift 1371 it was said that the Augustine Monkes should not possesse any immoveable goods The sixt of Aprill 385 't was said that the Mendicants should not possesse any temporall goods in the booke of the Counsell And as for the priviledges granted by the Pope hearke what the Collection of the liberties of the Gallicane Church saith of them The Pope cannot allow or dispence with any man for holding and possessing any goods within this Realme contrary to the lawes statutes or customes of the places without leave and licence from the King This is further confirmed by an Arrest of Paris made in the yeare 1391 whereby a certaine Carmelite called Gratian was declared not to bee receiveable in a suit which he made for a certaine thing issuing out of an immoveable for the holding whereof hee was dispensed with by the Pope They were also forbid to hold secular benefices and Ecclesiasticall dignities by the letters patents of Charles the sixt bearing date the nineteenth of February 1413 notwithstanding the Popes dispensations 4 The Councel hath made a law concerning the farming out of Ecclesiasticall goods and lands whereby such leases as are made for many years and for payments before-hand are declared not to bee valid to the prejudice of successours Commission is also granted to the Provinciall Synods or those whom they shall depute to judge and declare invalid such leases of Ecclesiasticall goods as were made within this thirtie years for a long time or as it is in some places for nine and twentie yeares or twice nine and twenty years Whereupon it is urg'd in the first place that it belongs to Kings and Emperours to make lawes and Ordinances about the alienation or letting out of Ecclesiasticall goods as they have alwaies done in so much as all our books are full of examples in this kind And what Popes and Councels tooke upon them in this regard was by their toleration In the second place it doth not belong to a Councel to nominate and chuse Iudges for the deciding of controversies arising about such farmes and leases Nor doth it belong to the Ecclesiasticall Iudges to take the cognizance of them but to the secular And so it hath alwaies beene accustomed in France whereof there are an infinite number of Arrests given out in such cases 5 It is ordained by the sixt Chapter of the second Session of the same Councel that the commutation of last wils and testaments ought not to be admitted but upon just and necessarie causes See this is very faire but put case the Pope ordaine otherwise then there is no remedy For it is only said That the Bishops as Delegates for the See Apostolique shall take knowledge summarily and extra judicium whether there have beene any errour or false information They cannot therefore judge whether the cause bee lawfull or no. See here then a grievance common to all Christendome Behold yet another more particular to France which is that the Lay Iudges are herein deprived of their jurisdiction to whom it belongs to judge of the justice of the cause in matter of such commutations excepting the case of conscience See what is said in this point in the Collection of the liberties of the Gallicane Church The Pope cannot convert any Legacies though they be given to charitable uses or to any other use contrary to the will of the deceased save only in such cases when the will cannot be formally observed or where there is a necessitie of making such commutation alwaies provided that in such cases it be equivalent to that which was ordained by the testament or other disposall made by the last will of the deceased the cognizance wherof notwithstanding belongs to the Lay Iudge except for the case of conscience Now suppose the Pope chance to make any such commutations without a substantiall and lawfull cause it belongs to the Court of Parliament to reforme them upon appeals as from abuse which are wont to bee put up in such cases who must have their hands tyed if this Councel be admitted CHAP. X. Of the command laid upon Ecclesiasticall persons to receive this Councell and of other grievances 1 ANother great prejudice is offered unto the Royall dignitie by this Councell when it commands all Clergie men forthwith to receive in publique the Canons and Decrees thereof and those to whom the care of Vniversities doth belong to effect the same and bring it so about as that Maisters and Doctors and others publiâ—uely teach what is contained in the Canons of it and binde themselves by a solemne oath to the observation of this Decree In this they take too much upon them that they wold have al things put in execution without the Princes consent or privitie and perhaps even against his will It hath alwaies belonged to Kings and Emperours to approve the Canons and Decrees of Councels Wee have proved it in the third Book by many plaine examples taken out of all antiquitie 2 Wee wee will adde in behalf of France that the Councell of Basil used another manner of respect towards our King when at two several times it sent forth Deputies with expresse commission into this Kingdome to get their deliberations â—o bee received here which it could not fully obtaine but some of them were rejecâ—ed at that time when the Pragmatique was a making as appeares by the narration of it And the Cardinals which came thither the second time to get him to allow the deposition of Eugenius the fourth and the creation of Felix the fifth in his place and stead returned from thence without effecting any thing as appeares by the act of protestation set forth by King Charles the seventh of which wee have spoken towards the beginning of the first Book We say then that to give out such commands to Ecclesiasticall persons and Vniversities is all one as to set up two Monarchies in France and other Kingdomes All this should bee referred to Kings and Princes and they by their authoritie after they have approved and allowed of the resolutions of a Councell should cause them to bee put in execution and observed The late king Henry the third and the States of France assembled at Blois in the yeare 1579 knowing this very well made certaine lawes concerning Ecclesiasticall discipline in some sort conformable to these of the Councell of Trent in many matters without making any mention of it Whereby they give us to understand that the proceedings of it displeased them and that they would not receive the Decrees and Constitutions thereof 3 But the worst is yet that such as are refractorie
L. qui mos. 23. C. Theod. de episcop eccles Cleric L. â— â—od Th. 〈◊〉 Episc Iudic. L. Clericos C. Theod de episc eccles Cler. Novell Iustinian 83. ut Cleric apud prop. Episcop Novell Iustin. 123. c. 8. Cap. 19. Conâ— Milevitan tom 1. Conâ— p. â—07 Kings judge Bâ—shâ—ps Can. 6. Concil Constantin 1. apud Balsamon Gregor Turonensis l. 5. c. 20. Aimonius l. 3. cap. 28. Aimonius l 3. capp 26. 64 Aimonius l. 3. cap. 43. Greg. Turoneâ—s l. 10. c. 16â— Bishops judged by Princes not Popes Synod Suession To. 3. Concil p. 438. Aimonius l. 4. cap. 106. Idem lib 5. c. 17 Aimonius l. 3. c. 49. Greg Turon l. 6. c. 22. Greg. Turon l 6 c. 11. Greg. Turon l 6. c. 14. Aimoniuâ— l. 4. c. 83. Epist 2. Bonif. 1. To. 1. Câ—nc Et Can. Decernimus 3. q. 10. Can Si quiâ— episcopuâ— 7 q. 4. Can. 1.7 q 4. Can â—lt 7. q. 4. In vvhâ—t caseâ— the â—â—y Iudgâ—s hâ—th povver over the French Clergy a Papon de jurisdict temporali art 34. b Papon ibid. art 35. c Idem tit de adult art 17. d Idem tit de jurisd temp art 43. 44. e Idem ibid. art 37. f Idem ibid. art 46. g Papon ibid. art 33 34. 38 39,41 45 â—7 Can. Si quiâ— 18. quaest 2. Can. Si quis Abbas 18. q. 2. Can. Cognovimus 18 q 2. Can. in venditionibus Caus. 17. q 4. Ordinaries by this Councel made the Popes Commissaries Cap cum ex eo De elect elect potestat in 6. Ordonnance det Estats d' Orleans â—â— an 1560. Art 5. Bishops made Popes Delegats in matters of their owne jurisdiction Cap. 1. de privilegiiâ— in 6. a Ordon du Roy Loys 12. de l' an 1513. confirmee par Arrest du Parlement de Parisâ— du feburier 1542. Voyez le râ—cucil des Ordoâ—nances de Fontanon Tom. 4. Tit. 11. de l' Vniversie du Paris c. 6. b Hosâ—iensis Abbas Andrâ—â—â—s Anthon. Butrigarius in can perpendimâ—s de sentent excom extra Petrus de Anchorano in ca. ea quae de regulis juris in 6. Glos. in ca. transivisse de Election cap. quoniam de vita et honestâ— Cleric Can. Penult dist 23. ca. unic de cleric conjugat in 6. cum ibi notat c Capit. 1. ibi gloss de rebus Eccles. non alienand in 6. d Cap. exposuistiâ— extra de Praebend dignit e Capit. 1. Cap. Pastoralâ—â— extra de his quae fâ—nt à Praelato Vid. gloss in ca. de rebâ—â— Eccles. non alienandis in 6. Bâ—shâ—ps made the Poâ—es Commissaries Cap. de Retoribus Cap. consultationibus extra de Clericis aegrotant Cap. Stâ—ut unire extra de excessib praelat Gloss. in Can. temporis 16 q. 1. Visitation of Hospitals Can. Decrevimus 10. quae 1. Vid. Conc. Tarracon cap. 8. Tom. 2. Conc. pag. 526. Can. Episc. 10. q. 1. Sess. 22. c. 8. Clement Quia contingit de religiosis domibus Voyes le recueil des OrdoÌ„nances fait par Fontanon Tit. du Grand Conc. ch 7. V. Ibid. Tom. 4. tit 27. des malad Hospit ch 4. Dâ—lâ—gâ—tiâ—ns a wrong to wâ—â—â— A â—â—st of the Parâ—â—â—mâ—nt of Paris Fâ—br 4. 1545. Can. 8. Sess. 22. Greg. in â—â—p tua eâ—tra dâ— tâ—sâ—am 〈◊〉 Grâ—â— in â—â—p â—â—â—nnis â—xtrâ— de testa 〈…〉 C de â—â—isâ—â—p â—t Clâ—r The bad consequence of evocations Gloss. addition in Can. 1. ad verb. Quis eum dist 40. Sess. 32. Conc. Basil. The Councell entrencheth upon the Civil jurisdiction a Bellarm. To. â— Câ—ntrovers 3. l 4. cap. 14. b Conc. Trid. Sess. 25. c. 2. c Conc. Tâ—id Sess. 4. c. ult d Sess. 24. c. 1. e Sess. 24. can 12. f Sess. 21. c. 4. g Sess. 21. â— 8. h Sess. 22 c. 10. i Sess. 23. c. 6. k Sess. 2â— c. 8. l Sess. 25. c. 3. m Sess. 7. â— 5. 7. Sess. 21. c. 3. et 6 Sess. 23. c. 18. Sess. 25. c. 5. Sess 29. c. 15. n Sess. 25. c. â— Libels of what jurisdiction Francis Balduinus in comment ad leg de famosis libellis p. 13. L. 7. Cod. Theod. de famosis libel l. unica C Iustin eod Vid. totum tit C. Theod. de famosis libellis Causâ—s mâ—â—rimonial divorce c. of what jurisdâ—ction Cod Iustin. de males mathemat per tot â— quiâ—unqâ—e C. eodem L mathematico â— de Episc. audient Noâ—ell Leonis 65. Sessioâ— 24. Can. 12. Papon au reâ—ueil â— Arrests tit de jurisd eccles Art 2 3. Papon au mesme lieu art 3. Papon ibid. art 3. 4. Imbert in enchir in verbo matrimonii controversi 1. Papon au titâ—e de la jurisdict temporelle art 3 Droict de patronat Gloss in caâ—llteras Extra de juram calum c. quanto Extra de judic Papon tit de jurisd eccles Art 1. Papon au titre de la jurisdict temporelle art 22. Lâ—y patronage of whâ—t jurisdiction Gâ—ido Pape decis 1. et 352. Papon titre de la jurisdiction temporelle art 1 Et titre des dismos art 9. Chapâ— 23. des libertez de l'Eglise Gallicane Articles 1. 2. 3. 4. de l'ordonn de l'an 1539. Papon tit de choses sacreés Art 2. Papon ibid. Art 3. Ludovicus de Rambeâ—g in constitutionem Francisc. Latam anno 1539. Art 1. Idem Lud. Ramberg Of visiâ—â—tion and reparation of Churches Iohan. Galluâ— q. 5 â—7 P. han Galluâ— q. 225. Papon tit des choses sacrees art 12. 14. 15. Tit. de la jurisdict temp art 19. 21. Royall Notaries and married simple shavelings of what jurisdiction Cap. exparte de Cleric Conjugat Adulterie concubinage seisure of goods of what cognizâ—nce In Cap uni de Clericiâ— Conjug in 6. L. quamvis seâ—â— C. ad legem Iuliam de adult Papon tit de adult Concord inter Leonem 10. Francis 1. tit de Public Concubin In libro composito super facto praelatorum Gil. le Maistre au tâ—aitte des appellat com d' ab chap. 6. In slylo Cur. Parl. part 3. tit 29. Parliaments dâ—pâ—ivâ—d of appeals Gilles le Maisâ—re au traicte des Appellatione comme d'abus chap. 5. Gilles le Maistre ibid. Sess. 7 cap. 5. 7. Councell of Trent deales unjustly about â—chooles and Hospitals Voyez le recuell des Ordonn de Fontaâ—on Tom. 4. tit 10. des pragmatiq Sanct. chap. 7. Infeodated tithes of what jurisdiction a In cap. literis extra de juram calum b In tract de vita spirâ— animae in prima lectione supra Marc. c Ordon de Hen. 3. faite à Melun en l'annâ—e 1580. art 29. d Ordon du roy Charles 9 faite au chafteau de Bologne les Paris le 24. Iuillet 1568. Ordon de Bloiâ— art 49. e C'est la me sine du chafteau de Bologne Molineuâ— in consuetud Paris §. 46. câ—l 25 Cap. prohibemus extra de decimiâ— Administration and accounts of Hospitals and Spittles c. of vvhat jurisdiction Edict