Libell was published in England against the Pope and the whole Court of Rome and that besides a Comedie had beene made in presence of the King and Court to the great disgrace and shame of the Pope and of euery Cardinall in particular For which cause all being inflamed with choler they ran head-long to giue sentence which was pronounced in the Consistorie the foure and twentieth of the same moneth that the mariage betweene Henry and Queene Catherine was good that he was bound to take her for his wife and that in case he did it not he should be excommunicated The Pope was soone displeased with this precipitation For sixe dayes after the French King his letters came that the King of England was contented to accept the sentence concerning the Attentates and to render obedience with condition that the Cardinals whom hee mistrusted should not meddle in the businesse and that persons not suspected should bee sent to Cambray to take information And the King had sent his Proctors before to assist in the cause at Rome Wherefore the Pope went about to deuise some pretence to suspend the precipitated sentence and againe to set the cause on its feete But Henry so soone as he had seene it sayd it was no matter For the Pope should be Bishop of Rome and himselfe sole Lord of his kingdome and that he would doe according to the ancient fashion of the Eastern Church not leauing to be a good Christian nor suffering the Lutheran heresie or any other to be brought into his kingdome And so he did Hee published an Edict wherein hee declared himselfe head of the Church of England and punished capitally whosoeuer said that the Pope of Rome had any authoritie there he chased out the Collector of the Peter-pence and caused the Parliament to approoue all these things where it was determined that all Bishoprickes of England should bee conferred by the Archbishop of Canterburie without sending to Rome and that the Clergie should pay to the King one hundred and fifty thousand pounds sterling yeerely for the defence of the Kingdome against whosoeuer This action of the King was variously expounded Some thought him wise for freeing himselfe from the subiection of Rome without any innouation in Religion and without putting his subiects in danger of sedition How the action of K Henry was expoâ—nded and without referring himselfe to a Councell a thing which they saw hard to be effected and dangerous also for him it being impossible that a Councell composed of Ecclesiasticall persons should not mainetaine the Popes power which is the maine pillar of their order because by the papacie it is aboue all kings and the Emperour but without it is subiect to them there being no Ecclesiasticall person that hath superioritie but the Pope But the Court of Rome maintained that it could not be said that there was no change in Religion the first and principal Article being changed which is the supremacie of the Pope and that seditions would arise as well for this onely as for all the rest Which the euent shewed to be true For the King was faine to proceede seuerely against some of his subiects whom he loued and esteemed It cannot be expressed what griefe was conceiued in Rome and by all the Clergie for the alienation of so great a Kingdome from the Popes subiection and it discouered the imbecillitie of humane affaires wherein for the most part great damages proceed from those things from which the greatest The Popes haue gained much by matrimoniall dispensations benefits were formerly receiued For by matrimonial dispensations and by sentences of diuorce as well granted as denyed the Papacie hath gained much in former times sheltering the Princes with the name of the Vicar of Christ whom it concerned with some incestuous mariage or by dissoluing one to contract another to vnite some other territory to their owne or to drowne the title of diuers pretendants making for this cause straight alliance with them and interesting their power to defend that authoritie without which their actions would be condemned and hindred yea interesting not those Princes onely but all their posteritie to maintaine their legitimation But the misfortune which then arose might be ascribed to the precipitation of Clement who in this case knew not how to manage his authoritie and if it had pleased God to haue giuen him in this fact the vse of his vsuall wisdome he might haue gained much where now his losse was great But the Emperour at his returne into Germany being informed of the negotiation of the Nuncio Rangone concerning the Councell wrote to Rome complaining that himselfe hauing promised a Councell to Germany and treated with the Pope in Bolonia in what sort the Princes should be dealt with in this matter yet the Nuncij of his Holinesse had not proceeded in that manner that was agreed of but had so treated that the Protestants thought themselues deluded praying him in the ende to finde some way to giue Germany satisfaction The eighth of Iune the Emperours letters were read in the Consistorie and because there came aduice a little before that the Landgraue of Hassia had taken the Dukedome of Wittenberg from King Ferdinand by force of armes and restored it to the Duke Vlrick the lawfull Lord of it and that Ferdinand also was inforced to make peace with them many of the Cardinals sayd that the Lutherans hauing atchieued 1534 PAVL 3. CHARLES 〈◊〉 HENRY 8. FRANCIS 1. so great a victorie it was necessarie to giue them some satisfaction and not to proceede any more by Art but to make some demonstration of effects because the Emperour hauing promised a Councell it was necessarie hee should not be deluded and sayd that if the Pope could not finde a way there was danger That his Maiestie would be constrained to yeelde to some other thing of greater preiudice and losse to the Church But the Pope and maior part of the Cardinals seeing it was impossible to make the Lutherans accept such a Counsell as might bee seruiceable to the Court of Rome and being resolute not so much as to hearken to any speach of making it otherwise they resolued to answere the Emperour that they knew very well the importance of the times and what great need there was of a generall Councell which they were most readie to intimate in case it might be so celebrated that it might produce good effects as need requireth but seeing new discords arise betweene him and France diuers open dissentions betweene other Christian Princes it was necessarie they should cease and mindes should bee reconciled before the Councel were called For during the discords it could not produce any good effect and now least of all the Lutherans being in armes and made proud by the victory of Wittenberg But it was necessary to leaue discoursing with the Pope of a Councell For hee fell into a long and mortall infirmitie whereof he dyed in the end Clement the 7. dieth
the reformation would be caused thereby to excuse the Pope that he could not personally assist in Councell and to pray him to hasten the end of it proposing the translation to Bolonia where his Maiestie and the Pope might meete which would bee a good meanes for him to receiue the Crowne of the Empire in so famous an assembly a fauour which neuer had beene done to other Emperours He had charge also to pray him to maintaine the authoritie of the Apostolike Sea against all the plots made to diminish it or rather to bring it to nothing and that the reformation of the Court of Rome might not be made in Trent but by the Pope himselfe that no mention might bee made of renewing the things determined vnder Paul and Iulius in the same Councell that his Maiestie would bee content that the Decrees should bee made in Councell by the proposition of the Legates onely first imparting them and hauing the consent of the Ambassadours of his Maiestie and of other Princes He had commission also to giue the Emperour hope of a particular grant of whatsoeuer hee would demand for his people and to disswade him from holding intelligence with the French King in this matter of the Councell shewing him that as the State of France and Germanie was not the same so the ends of his Maiestie and of that King must needes be diuers and their counsels different The Legates remayning in Trent did willingly giue the Prelates leaue to depart and especially those who held the institution of Bishops and residence to bee de iure diuino The 20. of Aprill Loraine returned and was met by the Ambassadours of the Emperour of Polonia and of Sauoy and the same day newes came of the peace concluded by the French King with the Hugonots which was more for the aduantage of the Catholique party For after the battell before mentioned the factions were equally balanced vntill the death of Guise Afterwards Colignie tooke by assault the fort of Cadome with so much reputation to himselfe and diminution of the Catholiques that it was resolued in the Kings Councell to conclude the treaty of peace which was continually managed euer since the battell To this end the seuenth of March an assembly was made to which the prisoners Conde and the Constable were brought And after some speech they being released vpon promise to conclude the 〈◊〉 conditions the Hugonote Ministers assembled and resolued not to consent to any agreement except the Edict of Ianuary might bee obserued without any exception or condition adding also that hereafter their religion should not bee called new that children baptized by them should not bee rebaptized that their marriages should bee esteemed lawfull and their children legitimate From which conditions because they would by no meanes depart Conde and the Nobility weary of warre without calling the Ministers any more did make the agreement And the capitulations concerning religion were these That where the Noblemen of the Hugonots haue high iustice they may liue in their houses in liberty of conscience and exercise of the reformed religion with their families and subiects The conditious of the accord in Frace That other Gentlemen who hold in fee not dwelling vnder other Catholique Lords of high iustice but immediatly vnder the King may exercise the same in their houses for themselues and their families onely That in euery Bayliweeke an house shall bee appointed in the Suburbs in which the reformed religion may be exercised by all of that iurisdiction That euery one may liue in his owne house without being enquired into or molested for his conscience That in all Cities where that religion hath beene exercised vntill the seuenth of March it shall bee continued in one or two places of that citie so that the Catholike Churches be not taken for that vse which also shall be restored to the Ecclesiastiques in case they haue beene surprised by them yet so as that they shall not pretend any thing for demolitions made That in the Citie and Precincts of Paris there shall bee no exercise of that religion but those who haue houses or reuenues there may returne and enioy them without being molested for matters either past or to come concerning their consciences That all shall repossesse their goods honors and offices notwithstanding the sentences to the contrary and executions of them since the death of Henrie the second vntill now That the Prince of Conde and all his followers shall be said to haue a good end and intention for the seruice of the King That all prisoners of warre or iustice for matter of religion shall freely be set at libertie That an obliuion of things past shall be published and iniuring and prouoking one another as also disputing and contending about religion shall be forbid and that they shall liue as brothers friends and fellow Citizens This accord was established the twelfth of March to the discontentment of Colignie who sayd their affaires were not in state to make such aduantagious conditions That it was proposed vnto him in the beginning of the warre to make peace with the Edict of Ianuary and now that they might require more aduantage the conditions were worse To say that in euery Bayliweeke there shall be one place for the exercise of religion is to take away all from GOD and to giue him a portion But the common inclination of all the Nobility did force him to be content Concerning these conditions the Kings letters were dispatched the nineteenth of the same moneth◠in which it was sayd That it hauing pleased God to permit for some yeeres the kingdome to be afflicted with seditions and tumults raised for matter of religion for which cause armes were taken with infinite slaughters sacking of cities ruines of Churches and now by continuance of the euill hauing experience that warre is not the proper remedie for this maladie the King hath thought fit to reunite his Subiects in good peace trusting that time and the fruit of an holy free generall or Nationall Councell will establish the same And heere the Articles concerning religion were added besides the others in matters of State which letters were published and registred in Court of Parliament and publikely proclaimed in Paris the seuen and twentieth of the same moneth This was blamed by the greater part of the Fathers in Councell who said it was to preferre the things of the world before the things of GOD yea to ruine both the one and the other For the foundation of a state which is religion being remoued it is necessarie that the temporall should come to desolation whereof the Edict made before was an example which did not cause peace and tranquillitie as was hoped but a greater warre then before And some of the Prelats did dare to say that the King and the whole Counsell had incurred the excommunications of many Decretals and Bulls for hauing giuen peace to the heretikes and that there was no hope that the affaires of
prooued For Churches haue no temporall goods but granted by the seculars who can not bee presumed to grant them so as that they may bee managed and dissipated at the pleasure of the Ecclesiastiques by which meanes it ought to bee presupposed that euery benefice had a Patrone from the beginning of it except an absolute donation with a totall cession of the patronage can be shewed And as the Common-wealth or Prince doth succeed him that hath no heire so all benefices the Patronage of which doeth not belong to any ought to bee vnder the publique patronage Some mocked that forme of speech that benefices which had Patrons were in seruitude and the others free as if it were not plaine seruitude to bee vnder the disposition of the Court of Rome which doth manage them contrary to the institution and foundation whereas the seculars doe preserue them Besides the censure of some decrees for this cause they added that others were against the customes and immunities of the French Church as the reseruation of great criminall causes against Bishops to the cognition of the Pope alone taking away the power of Prouinciall and Nationall Councels which haue alwaies adiudged them in all cases and burthening the Bishops by forcing them to litigate out of the Kingdome contrary not onely to the custome of France but to the Canons of ancient Councels also which haue determined that such causes should bee iudged and ended in their proper Countries They saide it was against iustice and the vse of France that benefices should bee clogged with Pensions and Reseruations of Fruits as was obliquely determined Likewise that it was not tolerable that causes of the first instance should be taken out of the Kingdome by the Pope because it taketh away a very ancient vse confirmed by many constitutions of Kings Neither could it bee iustified by the exception of vrgent or reasonable cause experience of all times hauing shewed that all causes may bee taken out of the Kingdome by this pretence For hee that would dispute whether the cause were vrgent or reasonable doeth enter into a double charge and difficulty because not onely the principall cause but that Article also must be discussed in Rome They did by no meanes approoue that the possessing of immoueables should bee granted to begging Friars and sayd that they hauing been receiued into France with that institution it was iust that they should bee maintained in the same state that this was a perperuail Artifice of the Court of Rome to take goods out of the hands of seculars and to draw them into the Clergie and afterwards to Rome that the Munkes did first gaine credit by pretence of the vow of pouerty as if they aimed at no temporall thing but did all in charity for the good of the people afterwards hauing gained reputation the Court do the dispence with them for their vow by which meanes the Monasteries being made rich are giuen in Commenda and finally all commeth to the Court. To this they added an exhortation in the twelfth article made to all the faithfull to giue largely to Bishops and Priests which had beene good in case they did serue the people as they ought and were in need For so Paul doth exhort that hee that is instructed in matters of faith should giue some part of his goods to him that doth instruct him But when hee that beareth the name of a Pastor doth intend rather any other thing then to instruct the people the exhortation is not fit and the rather because Ecclesiasticall goods formerly were for maintaining the poore and redeeming slaues for which cause not the immoueables only but euen the very ornaments of the Church and holy vessels were sold But in these last times it is prohibited to doe it without the Pope which hath enriched â—he Clergie exceeding much In the Mosaicall law God gaue the tenth to the Leuites who were the thirteenth part of the people prohibiting that any more should be giuen vnto them but the Clergie now which is not the fiftieth part hath gotten already not a tenth onely but a fourth part and doth still proceed and gaine vsing also many Artifices therein They said that Moses hauing inuited the people to offer for the fabrique of the Tabernacle when as much was offered as did fuffice did forbid them in the name of God to offer any more but here no end will bee found vntill they haue gotten all if men will continue in the lethargie If some Priests and religious persons bee poore it is because others are excessiuely rich and an equall diuision would make them all rich abundantly But to omit these so euident considerations if they did exhort the people to assist the poore Bishops and Priests in their necessities it would bee tolerable but to say they should bee assisted to maintaine their dignitie which is their pride and luxurie doth signifie nothing but that they are quite without shame It is true that in exchange another Decree was made in the eighteenth Article infauour of the people that dispensations should be giuen graâ—is which beeing commanded by CHRIST and not obserued there was no hope that this Decree would doe any more good These things being obiected to the Cardinall of Loraine that hee had authorized them against the expresse commandement of the King in his letters of the twentie eighth of August before mentioned hee defended himselfe in one word onely that in the Congregation of the tenth of Nouember the The defence of the Card of Loraine Decrees being read to bee published in the Session the next day the rights and authority of the French King and priuiledges of the Gallican Church were reserued Whereunto Monsieure le Feure replied that himselfe and his colleague hauing vsed all diligence to haue a copie of that Decrce they could neuer obtaine it and that in humane affaires not to appeare was as much as not to bee Besides this did not serue to excuse the things published in the last Session But that which was saide concerning the Synode in the Councels of the King and Parlament was nothing to that which the Bishops and Diuines and their seruants also according to the French libertie did relate to euery one vpon all occasions making iests at the discords and contentions betweene the Fathers at the practises and interests with which the matters of reformation were handled And those who were most familiar with the Cardinall of Loraine spake most of all And The censure made by the French BB. of the Councell after their returne into France A Prouer be made in France concerning the Councell it passed in France in manner of a Prouerbe that the moderne Councell had more authoritie then that of the Apostles because their owne pleasure onely was a sufficient ground for the Decrees without admitting the holy Ghost But in Germany the Decrees of reformation were not thought considerable neither by the Protestants nor by the Catholiques The Protestants did examine the
them as because euery one would bow at that maiesticall and venerable name But the Pope who feared nothing more then a Councell especially if it were to bee celebrated beyond the mountaines free and in the presence of those who alreadie had openly shaken off the yoke of obedience saw very well what an easie thing it was for these to perswade the others also Hee considered further that although the cause was common to him with all other Bishops whom the new opinions sought to depriue of the wealth they possessed yet there remained some matter of distast betweene them and the Court of Rome For they pretended that collation of Benefices with the reseruations and preuentions was vsurped from them and a great part of their authoritie taken away and drawen to Rome by calling of causes thither by reseruations of dispensations absolutions and such like faculties which formerly being common to all Bishops the Popes of Rome had appropriated to themselues Whereupon it was represented vnto him that the celebration of a Councell would be a totall diminution of the Popes authoritie Therefore he turned all his thoughts to perswade the Emperor that a Councell And the Pope did infinitely disswade the Emperour from desiring a Councell vvas not good to pacifie the stirres of Germanie but pernicious for the Imperiall authoritie in those Prouinces He put him in mind of two sorts of persons the multitude and the Princes and Grandies that it vvas probable that the multitude vvas deceiued but to giue it satisfaction in the demand of a Councell vvas not to giue it more light but to bring in popular licence If it vvere granted vnto them to make question or seeke greater perspicuitie in religion they vvould immediately pretend also to giue lavves for gouernement and to restraine the authoritie of Princes by Decrees and vvhen they haue obtained to examine and discusse the Ecclesiasticall authority they vvill learne also to trouble the temporall He shevved him that it vvas more easie to oppose the first demaunds of a multitude then after they had beene gratified in part to prescribe them a measure For the Princes and Grandies hee might assure himselfe that their end was not pietie but the making themselues Lords of the Ecclesiasticall goods and being become absolute to acknowledge the Emperour nothing at all or very little and that many of them kept themselues vnspotted with that contagion because they haue not as yet discouered the secret which being made manifest they will all addresse themselues to the same scope That there was no doubt but that the Papacio would lose much in the losse of Germanie but the losse of the Emperour and of the house of Austria would bee farre greater Against which if hee would make prouision he had no other meanes then seuerely to imploy his authoritie and power while the greater part obeyed him wherein expedition was necessarie before the number increased and the profit were discouered by all which is reaped by following those opinions That vnto expedition so necessarie nothing is more contrarie then to treate of a Councell For though euery one incline himselfe to it and no impediment bee interposed yet it cannot bee assembled but in length of yeeres nor the causes handled without prolixitie which thing onely he would consider For it were infinite to speake of impediments which would bee raysed for diuers interests rests of persons who would oppose themselues with diuers pretences at the least putting in delayes that it may come to nothing That there was a same spread that the Popes will haue no Councell for feare their authoritie should be restrained a reason which maketh no impression at all in him hauing his authoritie immediately from Christ with promise that the gates of hell shall not preuaile against it And the experience of former times hath shewed that the Papall authoritie hath neuer beene diminished in any Councell but according to the words of our Lord the Fathers haue euer confessed it to bee absolute and vnlimited as it is in deede And when the Popes in humilitie or for some other respect haue forborne to vse it intirely the Fathers haue made him to put it wholly in execution And this is cleerely to be seene by him that shall reade the things that are past For the Popes haue alwayes imployed this meanes against the new opinions of heretiques and in euery other necessitie with increase of their authoritie And setting aside the promise of CHRIST which is the true and onely foundation and considering the things but temporally the Councel consisteth of Bishops vnto Bishops the Papall greatnesse is profitable because they are by that protected against Prince and people Kings and other Souereignes also who haue vnderstood and will vnderstand well the rules of gouerning will alwayes fauour the Apostolicall authoritie hauing no other meanes to represse and keepe in order their Prelates when they haue the spirit to goe beyond their degree The Pope concluded that in his minde hee was so assured of the issue that hee could speake thereof as a Prophet and affirme that by calling a Councel greater disorders would ensue in Germany For those that desire it pretend to continue vntill then in what they haue begun when their opinions shall bee condemned and nothing else can succeede they will take another cloake to detract from the Councell and in conclusion the Emperours authoritie in Germany will come to nothing and in other places will be shaken the Popes power will bee diminished in that Countrey and in all the residue of the world will bee increased the more And therefore the Emperour should beleeue his opinion the rather because hee was not mooued by his proper interest but with a desire to see Germany reunited to the Church and himselfe obeyed That nothing The Pope perswadeth the Emperor to execute the sentence of Leo and the Edict of Wormes would take good effect if hee went not presently into Germany and immediately vsed his authoritie intimating that the sentence of Leo and the Edict of Wormes should bee executed without any replie not giuing eare to any thing the Protestants could say either demanding a Councell or more instruction or alleaging their appeale or protestation or any other excuse because they are all but pretences of impietie That hee should vse force against the first incounter of disobedience which would bee easie for him to doe against a few hauing all the Ecclesiasticall Princes and the greater part of the Seculars who to this end would take armes with him That this and no other thing is congruous to the office of the Emperour Aduocate of the Church of Rome and to the oath taken in Aquisgran and which hee ought to take in receiuing the Crowne from his hand Lastly that it was a cleere case that the holding of a Councell or any other treatie or negotiation in this occasion would necessarily end with warre Therefore it was better to make triall of composing these disorders by the
himselfe for his owne part would willingly make present answere to the things proposed but because there are many Princes which haue receiued the same confession in the Diet of Ausbug it was not fit nor profitable for the cause to answere alone but an assembly being intimated against the 24. of Iune hee desired hee would bee contented to grant this short delay that he might receiue a more common and resolute conclusion The ioy and hope of the Nuncio was much increased The Nuncio is pleased with the delatory answere The answere of the Protestants assembled in Smalcalde who desired the delay had been rather of yeeres then moneths But the Protestants assembled at the aforesaid time in Smalcalde answered thanking the Emperor that for the glory of God and safetie of the common-wealth hee had taken paines to cause a Councell to bee celebrated which would bee in vaine if conditions were not obserued necessary for the curing of the diseases of Germanie which desireth that her controuersies may be defined with due order and hopeth to obtaine it for that the Emperour hath in many imperiall Diets promised such a one which by the mature deliberation of the Princes and States hath been resolued should be celebrated in Germanie in regard that many errors being reuealed by occasion of the Indulgences published in Sermons Pope Leo condemned the doctrine and the Doctors who discouered the abuses But that sentence was opposed by the testimonies of the Prophets and Apostles Whence did arise the controuersie which cannot be decided but in a Councell where the Popes sentence or the power of whosoeuer may not preiudice the cause and where iudgement may be giuen not according to the Popes lawes or opinions of the Schooles but according to the holy Scripture If this be not performed this so great a labour would bee taken in vaine as may appeare by the examples of some other Councels celebrated before Now the propositions of the Pope were contrary to this end to the petitions of the Diet and promises of the Emperour For though hee propose And their exceptions against the propositions of the Pope a free Councell in words yet in effect hee would haue it tied so that vices and errors may not be reprehended and himselfe may maintaine his power That that was not a reasonable demand that any man should bind himselfe to obserue the decrees before he know by what order maner or forme they are made whether the Pope desire to haue the supreme authoritie in him and his whether hee will haue the controuersies discussed according to holy writ or according to humane lawes and traditions That that clause also seemed captious that the Councell should bee made according to the old custome For it being vnderstood of that old when all was determined by the holy Scriptures they would not refuse it But the Councels of the next preceding age were much different from the other that were more ancient where too much was attributed to the Decrees of Popes and other men That the propose was glorious but it tooke absolutely away the libertie which was demanded and was necessary for the cause That they desired the Emperour to bee a meanes that all might passe lawfully That all men were in attention and stood in hope of a Councell and demanded it with vowes and prayers which would bee turned into great sorrow and vexation of minde if this expectation should bee deluded by giuing a Councell but not such a one as is desired and promised That there is no doubt but that all the States of the Empire and other Kings and Princes also will bee of the same opinion to auoid those snares and bonds with which the Pope thinketh to binde them in a new Councell to whose will if the managing of the affaires shall be permitted they will referre the whole to God and thinke of what they haue to doe Yet for all this if they shall bee cited with good and lawfull assurance in case they see themselues able to doe some thing for the seruice of God they will not refuse to appeare but with condition not to consent to the Popes demands nor to a Councell which is not conformable to the Decrees of the imperiall Diets In the end they prayed the Emperour not to take their resolution in ill part and to endeuour that the power of those be not confirmed who long since haue waxed cruell against the innocent The Protestants resolued not onely to send the answere to the Pope and the Emperour but to print it also together with the Nuncio his proposition which by the same Pope was iudged indiscreete and too open Therefore The Pope recalleth Hugo Rangone B. of Rheggio his Nuncio and putteth Vergerius in his place vnder colour that hee was old and vnable to beare that charge he recalled him and wrote to Vergerius Nuncio with King Ferdinand that he should take vpon him that place with the same instructions admonishing him to remember not to swarue by any meanes from his will or to giue eare to any 1534 CLEMENT 7. CHARLES 5. HENRY 8. FRANCIS 2. moderation though the King desire it that vnaduisedly he cast him not into some strait and constraine him to call a Councell which was not profitable for the Church or for the Apostolicall Sea While these things were in handling the Pope who fore-saw the answere which would come out of Germany before in Bolonia had conceiued but small confidence in the Emperour wholly aliened himselfe from his friendship For in the cause of Modena and Rheggio betweene his Holinesse and the Duke of Ferrara referred to him by the parties hee pronounced for the Duke For all which causes the Pope negotiated a confederation with the French King the which was concluded and established also by the mariage The confederation betweene the Pope and the French King is confirmed by marriage of Henry the Kings second sonne with Catherine de Medici the Popes great grand-child And to giue a compleat perfection to the whole businesse hee went to Marseilles in person to speake with the King But vnderstanding that this iourney was reprehended by all as not addressed to any publike respect but onely to make his house great hee iustified himselfe by saying hee vndertooke it to perswade him to fauour the Councell and to abolish the Lutheran heresie And t is true that there beside other treaties hee perswaded his most Christian Maiestie to deale with the Protestants especially with the Landgraue of Hassia who was to come to him into France to cause them to desist from demaunding a Councel proposing vnto them that they would seeke out any other way to accommodate the differences and promising his owne faithfull and effectuall helpe when time should serue The King did thus negotiate but could obtaine nothing For the Landgraue alleadged The French King treateth with the Landgraue of Hassia at the Popes request about the Councell that there was no other meanes
to hinder the desolation of Germany and that not to speake of a Councell was willingly to runne into a ciuill warre In the second place the King treated with them that they would be contented with a Councell in Italie But neither did the Germans agree vnto this for they sayd that this match was worse then the first because that constrained them onely to make warre but this cast them into a seruitude both of body and soule whereunto resistance could not be made but by a Councell in a free place yet condescending for his Maiesties sake to whatsoeuer they were able they would cease to demand to haue it celebrated in Germany so that another free place were appointed out of Italie though it were neere vnto it In the beginning of the yeere 1534. the King gaue the Pope an account 1534 of what hee had done and offered to bring to passe that the Protestants should bee contented with Geneua The Pope hauing receiued the aduise The Pope is displeased with the Propose of Geneua for the 〈◊〉 place of the Councell was vncertaine whether the King though his confederate and kinsman would be glad to see him in troubles or if in this particular hee wanted that discretion which he shewed in other affaires But hee concluded that it was not good to vse him in this matter And writing vnto him thanked him for his paines without answering to the particular of Geneua and hee incouraged many of the Courtiers whose mindes were troubled assuring them that by no meanes he would consent to such a folly But this yeere the Pope in stead of regaining Germanie lost the obedience He looseth the obedience of England of England by proceeding rather with choler and passion then with wisedome necessarie in so great negotiations The accident was of great importance and greater consequence which to declare distinctly it is necessary to begin from the first causes whence it had its originall Catherine Infanta of Spaine sister to the mother of Charles the Emperour was married to Henry the eight King of England and was before the wife of Arthure Prince of Walles Henryes eldest brother after whose death their father gaue her in marriage to Henry who remained successor by the dispensation The cause of Pope Iulio the second This Queene was with child often and alwayes either miscaried or brought foorth a creature of a short life except one only daughter King Henry either for displeasure against the Emperor or for desire of issue male or for some other cause conceiued a scruple in his mind that the mariage was not good and taking counsell of his Bishops separated himselfe from her company The Bishops treated with the Queene that shee would be contented with a diuorce saying that the Popes dispensation was neither good nor true The Queene would not giue eare to them but had recourse to the Pope to whom the King also sent to craue a diuorce The Pope who was still retired in Oruieto and hoped for good conditions in his affaires if the fauours of France and England which still they performed were continued by molesting the Emperour in the kingdome of Naples sent into England the Cardinal Campeggio delegating the cause vnto him and the Cardinall of Yorke From these and from Rome the King had hope giuen him that in the end the sentence should bee on his side Yea to facilitate The Cardinals Campeggio and Wolsie were delegated by the Pope to heare the cause of the Kings diuorce the resolution that the solemnities of the iudgement might not draw the cause in length a briefe was framed in which hee was declared free from that marriage with the most ample clauses that euer were put into any Popes Bull and a Cardinall sent into England with order to present it after some few proofes were past which he was sure would easily be made And The Pope caused his Briefe which he had made in fauour of the diuorce to be burned this happened in the yeere 1524. But Clement iudging it fitter for compassing his designes vpon Florence as hath beene declared in its proper place to ioyne himselfe with the Emperour then to continue in the friendship of France and England in the yeere 1529. hee sent Francis Campana vnto Campeggio with order to burne the Briefe and to proceed slowly in the cause Campeggio began first to draw the cause in length and after to make difficultie of performing the promises made to the King Whereby beeing assured that the Iudge and his aduersaries did collude hee sent to the Vniuersities of Italie France and Germanie for a consultation in his cause where amongst A consultation about the cause of diuorce the Diuines some were contrary and some fauourable to his pretension The greater part of the Parisians were on his side and some beleeued that the Kings giftes more perswaded them then reason But the Pope either to gratifie the Emperour or for feare that in England by meanes of the Cardinall of Yorke something might happen not according The Pope to gratifie the Emperour recalleth Campeggio to his minde as also to giue occasion to Campeggio to part from thence called the cause to himselfe The King impatient of delay either because he knew their cunning or for some other cause published the diuorce with his wife and married Anne Bullen in the yere 1533. yet still the cause depended before the Pope in which he was resolued to proceede slowly to The King in 〈…〉 yeth 〈◊〉 Bulle◠satisfie the Emperour and not offend the King Therefore some by points rather were handled then the merits of the cause And the disputation grew vpon the Article of the Attentats in which the Pope gaue sentence against the King declaring that it was not lawfull for him by his owne authoritie without the Ecclesiasticall Iudge to separate himselfe from his wife For which cause the King in the beginning of this yeere 1534 denied the Pope obedience commanding all his subiects not to carry any money to Rome The King causeth the Peter-pence to be denied the Pope nor to pay the ordinary Peter-pence This infinitely troubled the Court of Rome and dayly they consulted of a remedie They thought to proceede against the King with censures and to interdict all Christian Nations all commerce with England But the moderate Counsell pleased best to temporize with him and to mediate a composition by the French King King Francis accepted the charge and sent the Bishop of Paris to Rome to negotiate a pacification with the Pope where they still proceeded in the cause but gently and with resolution not to come to censures if the Emperour did not proceede first or at the same time with his forces They had diuided the cause into three and twenty Articles and then they handled whether Prince Arthure had had carnall coniunction with Queene Catherine in this they spent time vntill mid-lent was past when the nineteenth of March newes came that a
and punishments against poore innocent people who adhere to that religion for conscience sake And how shall they be able to accuse the Pope and his followers when himselfe will be iudge And to appoue his Briefe is nothing else but to consent to their owne condemnation And therefore that they haue alwayes demanded a free and Christian Councel not onely that euery man may freely speake the Turkes and infidels being excluded but that those that are linked together by oathes and other Couenants may not bee Iudges and that the word of God may gouerne and define all the controuersies That they well know that there are learned and godly men in other Nations but withall they assure themselues that if the vnlimited power of the Pope shall be moderated not their Diuines onely but many others who now by reason of oppression hide themselues will labour for reformation of the Church That they will not dispute of the situation and fitnesse of Mantua but they may well say that so long as there is warre in Italie they cannot want matter of suspition That it is sufficient to say of the Duke of that Citie that he hath a brother a Cardinall one of the prime men of the Court. That in Germany there are many Cities as commodious as Mantua where Iustice and equitie doe flourish and in Germanie those secret wiles to take away mens liues are neither vsed nor knowne as they are in other places That in the ancient Councels the securenesse of the place hath euer been first sought for which would not be sufficient there though hee the Emperour were personally present in the Councell For it is knowne that the Popes grant him place in consultations but for power of determining they reserue it to themselues onely That it was knowne what happened to the Emperour Sigismond in the Councell of Constance whose safe-conduct was violated by the Synod and himselfe constrained to put vp so great an affront Therefore they prayed his Maiestie to consider the importance of these reasons There appeared in this same Diet the Bishop of Aix sent by the Pope to inuite them to the Councell But hee did no good and some of the Princes Some of the Protestant Princes would not so much as heare thé Popes Nuncio would not so much as heare him And to make their reasons knowne to the world they printed and published a writing where they laboured principally to answere that obiection that they would not submit themselues to any Iudge that they despised other nations that they refused the supreame They iustifie their actions to the world by writing tribunall of the Church that they had renewed heresies formerly condemned that they were glad of ciuill discords that the faults which they found in the manners of the Court of Rome were small and tolerable They alleadged the causes why it was not fit that the Pope alone nor yet together with his adherents should be iudge they brought the examples of many Councels refused by diuers of the Fathers and in fine implored the ayde of all Princes offering that whensoeuer a lawfull Councell shall bee called they will therein defend their cause and render an account of all their actions They sent also an expresse Ambassadour to the French King to giue him a particular account of the same things who answered that for the Councell he was of their opinion not to approoue it except it were lawfull and in a secure place assuring them that his sonne in-law the King of Scotland was of the same mind The Duke of Mantua to gratifie the Pope granted his Citie for the Councell without considering what he did thinking as others that it could not The Duke of Mantua maketh a grant of his Citie and afterwards recalleth it be effected there being warres betweene the Emperour and French King and Germany opposing it for whose sake it was called But when hee saw the intimation he began to thinke how to secure the place and sent a proposition to the Pope that in regard of the great number of those that would come to the Councel there was need of a great garrison which he would not haue depend vpon any but himselfe and that hee was not able to maintaine it Therefore in case his Holinesse would celebrate the Councell in that Citie he must allow him money for soldiers pay The Pope answered that the multitude would not consist of men of armes nor professed for the war but of Ecclesiasticall and learned persons which one magistrate whom hee would depute to render iustice with a small court and gard was able to keepe in order that a garrison of souldiers would breed a generall suspicion and became not the place of the Councell where all should appeare and bee truely peaceable and that in case a garrison were necessary it were not reasonable to put it into the hands of any but of the Councel it self that is of the Pope who is head thereof The Duke considering that iurisdiction draweth The Pope claymeth right to administer iustice where the Councell shall be celebrated with it absolute soueraigntie replyed that by no meanes hee would haue iustice administred in his Citie but by his owne officers The Pope a very wiseman who seldome receiued any answere which hee did not foresee was much amazed and answered the Dukes man that hee would neuer haue beleeued that by his Lord a Prince of Italy whose family hath beene so much aduanced by the Apostolicall Sea who had a brother a Cardinall that would bee denied him of which neuer any made doubt before which the Law of God and man doth giue him which the very Lutherans cannot denie that is to be supreame iudge of the Clergie a thing which the Duke denieth not to his owne Bishops to iudge the causes of Priests in Mantua That in the Councel none should be present but the Ecclesiastiques who are exempted from the secular power both themselues and their families Which Priests concubines are of Ecclesiasticall iurisdiction is so cleere that the Doctors of Diuinitie affirme that the very concubines of Priests are of Ecclesiasticall iurisdiction and yet he would denie him a Magistrate to render iustice to those men during the time of the Councell The Duke for all this was constant aswell in refusing the Popes Magistrates as also in demaunding pay for souldiers These conditions seeming hard to the Pope contrary as he sayd to the auncient custome and against the dignity The Pope resolueth not to call the Councel at Mantua of the Sea and Ecclesiasticall libertie he would not yeeld vnto them and resolued not to call the Councell at Mantua He remembred very well what happened to Iohn 23. for calling a Councell where another was stronger then hee His purpose therefore was to prolong the time and excused himselfe in a publique Bull saying in substance that though with griefe hee was constrained to depute an other place for the Synod yet hee endured it with
themselues with spirituall weapons and that their diligence may haue both beginning and progresse from the grace of God it determineth to begin from the confession of faith imitating the examples of the Fathers who in the principall Councels in the beginning of the actions haue opposed that buckler against the heresies and sometimes haue conuerted the infidels ouercome the heretikes with that alone in which all that professe Christianitie doe agree And here the whole was repeated word by word without adding any other conclusion And the Archbishop asked the Fathers whether the Decree pleased them All answered affirmatiuely b 〈…〉 some with conditions and additions of no great moment yet such as displeased the Cardinall of Monte who liked not they should descend to particulars in the Sessions fearing that when some matter of weight was to bee The eighth of Aprill is appointed for the next Session treated of some inconuenience might arise Afterwards the other Decree was read intimating the Session for the eighth of Aprill alleadging for a cause of the delay that many Prelates were in a readinesse to come and some were in the iourney and for that the deliberations of the Synod will be more esteemed when they shall bee strengthened by the counsell and presence of of more Fathers yet so as that they would not deferre the discussion and examination of what seemed fit to be handled presently The Court of Rome who stood all amazed at the very name of reformation was well pleased to heare that the Councell entertained it selfe in preambles hoping that time would bring foorth some remedie And the Courtiers that had intemperate tongues exercised their gibing publishing diuers bitter Pasquins as then the custome was in all accidents some commending Pasquins made against the Session the Prelates assembled in Trent for making a most noble decree worthy of a generall Councel and some exhorting them to vnderstand their owne worth and knowledge The Legates in giuing the Pope an account of the Session held sent also aduise that it would be hard to oppose and ouercome those who desired to finish The Legates giue the Pope an account of the Session the title with the representation of the Church vniuersall yet they would endeauour to remooue the difficulties But that it was impossible to entertaine the Prelates any more without comming to and doing some essentiall matter and therefore that they expected the order and instruction which they so often had demanded That for their parts they thought it fit to handle those points of the holy Scripture which were in controuersie betweene them and the Lutherans and the abuse brought into the Church in that matter which things would much satisfie the world and offend no man and they would expect an answere for this there beeing space enough to examine those matters and many occasions to driue out the time vntill the beginning of Lent But though the Councell was then opened and still celebrated the affaires of Germanie continued the same In the beginning of the yeere the Elector The affaires of Germanie continue the same And the Palatine embraceth the reformed religion Palatine brought in the vse of the Chalice the popular tongue in publique prayers the marriage of Priests and other things which were reformed before in other places And those that were appointed by the Emperour to bee present in the meeting to finde out a way to compose the differences of Religion met together at a Colloquie in Ratisbon The Emperor deputed for Presidents the Bishop of Eicstat and the Conte of Furstemberg but no good fruit grew thereof by reason of the suspicions which one part conceiued against the other and because the Catholikes omitted no occasions to giue greater iealousies to the other side and to faine them of their owne which finally made the Colloquie to dissolue The fifteenth of February Martin Luther died also These newes being Martin Luther dieth sent to Trent and Rome there was not so much griefe for the change of Religion in the Palatinate as ioy that the Colloquie succeeded not well but tended The Romanists reioyce at his death and at the dissolution of the Colloquie without fruit to dissolution and that Luther was dead The Colloquie seemed another Councell and gaue great iealousie because if any thing had beene accorded they saw not how the Councell could after reiect it and if it had beene accepted it would seeme that the Councell receiued lawes from another place And by all meanes the Colloquie being on foote and the Emperours ministers there present it brought small reputation to the Councell and the Pope The Fathers in Trent and the Court in Rome conceiued great hope seeing that so potent an instrument to contradict the doctrine and rites of the Church of Rome was dead who was the principall and almost the totall cause of the diuisions and innouations introduced and held it for a presage of the good successe of the Councell and the rather because that death was diuulged throughout Italy with many prodigious and fabulous circumstances which were ascribed to miracle and the vengeance of God though there were but the vsuall accidents which doe ordinarily happen in the deaths of men of sixtie three yeeres of age for in that age Martin Luther Fables raysed vpon Luthers death died But those things that happened afterwards euen vntill our age haue declared that Martin was onely one of the meanes and that the causes were more potent and secret The Emperour beeing arriued in Ratisbon complained grieuously that The Emperors letters concerning the Colloquy were laughed at the Colloquie was dissolued and wrote letters thereof throughout all Germany which were laughed at because it was too much knowne that the separation was wrought by the Spaniards and Friars and by the Bishop of Eicstat whom hee had sent And when the workemen are knowne it is not hard to iudge whence the beginning of the motion doth proceed But the wise Emperour was willing to vse the same thing to satisfie the Pope and the Councel and to finde an occasion against the Protestants which the euent shewed to bee true For the same complaints beeing renewed in the Diet and meanes of agreement beeing sought by those that were assembled the Ministers of Ments and Triers separating themselues from the other Electors and adhering to the other Bishops approoued the Councell and desired the Emperour to protect it and to cause the Protestants to be there and submit themselues to it But they did resist and remonstrate that that Councell had not those qualities and conditions so often promised and desired that the peace might bee kept and the differences in religion accorded in a lawfull Councel in Germanie or in an Imperiall Diet. But in the end the maskes The prouisions for warre were knowne were remooued and the prouisions for war could no longer be hid whereof mention shall bee made in its proper place The Pope considered very much of the
instru 〈…〉 ns of the 〈◊〉 who was sent to the Emperor the Emperour that the Pope did really shew the obseruation of whatsoeuer hee had promised to Don Pedro di Toledo that is to proceede with his Maiestie simply plainely and without artifice and to represent vnto him his willing minde to prosecute the Councell for the glory of God discharge of his owne conscience and for the good which thereby might redound to his Maiestie and the Empire And to answere the Emperours motion to make knowen the capitulations which hee required hee should tell him that hee neuer dreamed to make any bargaines or capitulations for prosecuting the Councell but onely some necessary considerations which hee charged his Nuncio to expound to his Maiestie And they were foure The first that the assistance of the most Christian King and the interuention of the Prelates of his Kingdome was necessary without which the Councell would haue but small reputation and it might bee feared that a Nationall Councel would arise or France be lost That they ought â—oure considerations proposed by the Pope to the Emperour not to deceiue themselues For as Trent was a secure place for his Imperiall Maiestie so it was too vnsecure for the most Christian King and therefore that it was fit to finde a way to secure him That hee should communicate to the Emperor the way which he had found out which if it were not sufficient it would be necessary that his Maiestie should adde some thing else The second consideration was the expences which the Apostolike Chamber exhausted and charged with debts was to make for the Legats and other extraordinaries which the Councell bringeth with it and like wise for the expences which the poore Italian Prelates cannot beare in that place Therefore that it will bee fit to calculate the time well aswell for the proceeding as the beginning that an houre may not bee spent in vaine otherwise the Apostolike Sea will not bee able to beare the charge nor to keepe the Italian Prelates from beeing impatient as former experience hath taught Besides it is not honourable for the Apostolike Sea to keepe the Legates idle and at anchor without doing any good That it was necessary that before they come to the acte his Maiestie should bee secure of the intention and obedience as well of the Catholiques in Germany as of the Protestants establishing things againe in the Diet causing authenticall mandates of the Countries and Princes to be dispatched his Maiestie and the whole Diet together binding themselues to execute the Decrees of the Councell that the paines and cost prooue not vaine and ridiculous and hereby to take all hope from whomsoeuer did thinke to disturbe the Synode That in the third place his Maiestie should consider that it was necessary to declare that the Decrees already made in Trent in matter of faith and those of other former Councels may not by any meanes bee questioned nor that the Protestants may demand to bee heard concerning them Lastly that hee should tell the Emperour that the Pope did beleeue that his Maiesties good will towards him was reciprocall and that as hee did readily condescend to fauour the affaires of his Maiestie and of the Empire by holding the Councell in a place so fit for his purpose so hee desireth that his sincerity and realitie may not bring a burthen vpon him That hee hopeth if any one shall attempt ought against it by cauillations or calumnies that his Maiestie will not maruaile if hee vse the remedies which shall occurre for defence of the authority giuen immediatly by God to him and the Apostolique Sea as well in Councel as out The Pope thought it profitable for his affaires that his resolution should bee fully knowen in Italy and Germanie and bade Iulius Cananus his Secretary making shew to fauour some Courtiers his friends to communicate the foresayd instructions vnto them with obligation of secrecie by which meanes they were spread euery where The Pope had a speedy answere from his new Nuncio in France For that King vnderstanding the causes why the The French King maketh large offers to the Pope Pope could haue but little confidence in the Emperour in regard of some things past thinking hee was much inclined to France made great demonstration to bee well pleased with the Nuncio and his message offered to the Pope whatsoeuer he was able to doe for him promised to assist the Councel and to send the Prelates of his Kingdome and all fauour and protection for maintenance of the Papall authority The Emperour hearing the proposition of the Arch-bishop of Siponto The Emperors answerâ— to the Pope and consulting maturely of it did commend the ingenuity and wisedome of the Pope that knowing the publiquenecessity of holding the Councell in Trent had found a conuenient way to remit it without further proceeding in the cause of the Translation a thing distastfull of much difficulty and of no profit Hee added that the foure considerations were all important and reasonably proposed by his Holinesse That for France hee did not onely commend what he had consulted but offered to ioyne with him to giue all possible security to that King That it was reasonable to cut off superfluous charges and not to suffer the Councel to bee open and idle That a Decree was made in Ausburg a yeere since that all Germanie euen the Protestants also should submit themselues a copie whereof hee would giue to the Nuncio and cause it to be confirmed in the present Diet. That he thought it not a fit time now to treate that the things already decided in Trent should not bee questioned because it would bee done more opportunely in that Citie when the Councell was assembled And for the authoritie of his Holinesse and the Apostolique Sea as hee hath formerly beene a protectour of it so hee will bee hereafter defending it with all his forces and euen with his owne life if there were occasion That hee could not promise his Holinesse that no vnquiet spirit should speake or treate in the Councel but he gaue his word that in case it did happen hee would so oppose that he should commend him for his paines The Emperour as hath beene sayd was in Ausburg to hold the Diet He proposeth the prosecution of the Councell in the Diet of Ausburg and other things which though it was not so compassed with armes as the former yet it was alwayes armed Hee proposed the prosecution of the Councel of Trent the obseruation of the Interim made in the last Diet and the finding a way for restoring of Ecclesiasticall goods and the renewing of iurisdiction It pleased the Catholique Princes that the Councel should bee prosecuted but the Conditions required by the Protestants concerning the Councel Ambassadours of some Protestant Princes did not consent but with these conditions That the things already determined in Trent should bee re-examined that the Diuines of the Augustane confession should not
therefore that hee will lodge in the Confines of the Empire 〈…〉 hee can And hee admonisheth the Electors Princes and States of the Empire especially the Ecclesiastiques and those who haue made innouation in Religion that they prepare to bee there well instructed that they may bee inexcusable himselfe taking care that all shall passe lawfully and in order and that euery thing bee handled piously and Christianly according to the holy Scripture and doctrine of the Fathers And for the transgression of the Decrees of the Inter-religion and Reformation being assured that it was impossible to ouercome the difficulties and that as o 〈…〉 o things grew worse to the end that greater confusion may not arise hee calleth vnto him the cognition of the transgressions post yet enioyning the Princes and orders of the Empire to obseruance hereafter The world seeing this Decree thought it as it was a iust counterpoise Which seemeth to bee a counterpoise to the Popes Bull. of the Popes Bull in all parts The one will direct Councels the other will take care that all bee done in order and iuridically the one will preside and the other will haue the decision according to the Scripture and the Fathers the one will continuate and the other will haue power giuen to euery one to propose according to his conscience In summe the Court could not digest this affront and complained that it was another Conuocation of the Councell But the Pope according to his vsuall pleasanthesse sayd the Emperour hath been euen with mee for the publication of the Bull made without him The yeere 1551. being begun the Pope applying himselfe to the Councell intimated had two principall ayes to send trustie persons to preside 1551 and to bee at as little charge as was possible To auoyde charge hee The Presidents of the Councell are named thought to send but one Legate but that was too great a burthen for one because there would bee none who had the same interests on whom hee might safely relie and because hee should bee esteemed the onely authour of whatsoeuer was done For which respects it was necessary to lay the burden on more mens shoulders The Pope found a middle way to send one Legate and two Nuncij with equall authoritie thinking that so hee should bee better serued because hope maketh men more diligent Casting his eye on all the Cardinalls hee found none more trustie and withall more worthy then Marcellus Crescentius Cardinall of S. Marcellus to whom hee ioyned for Nuncij Sebastianus Pigbinus Archbishop of Siponto and Aloisius Lipomannus Bishop of Verona of the former hee made choyce for the great confidence hee had in him before his Papacy of the other for the fome of his great pietie goodnesse and loyalty Hauing had many secret parlies with these three and opened veto them the sinceritie of his heart and instructed them fully hee gaue them an ample Mandate to be present in the Councell in his name the tenor whereof was It belongeth to the father of a family to substitute others to doe that The tenor of their Mandat which hee cannot commodiously doe himselfe Therefore hauing reduced to Trent the Generall Councel intimated by Paul hoping that the Kings and Princes would affoord their fauour and assistance hee cited the Prelates who vsually haue voyce therein to bee there the first of May to resume the Councel in the state it was But not beeing able to bee personally present according to his desire in respect of his old age and other impediments that his absence might not bee an hinderance he appointeth Marcellus a zealous wise and learned Cardinall for Legate and the Bishops of Siponto and Verona famous for knowledge and experience as Nuncij with speciall Mandate and fit clauses Sending them as Angels of peace giuing them authoritie to resume direct and prosecute the Councell and to doe all things meete and necessary according to the tenor of his and his predecessours letters of the Conuocation The Emperour whom the Councel did more The Emperor giueth a safe conduct to the Protestants concerne holding it to be the onely meanes to make himselfe absolute Master of Germanie send a safe conduct in an ample forme to all the Protestant Orders of that Empire for themselues their Ambassadours and Diuines But while these foundations were layd in Rome and Ausburg to build the Councell of Trent vpon them webs were spunne in other places which obscured The Pope restoreth Parma to Octauius Farnese the dignitie and authoritie of that Synode and Engines were framed which did shake and dissolue it The Pope immediately after his assumption to preforme what he had promised in the Conclaue restored Parma to Octauius Farnese which the Pope had taken into his hands in the name of the Church and assigned to him two thousand crownes a moneth to defend it Octauius in regard of the enmitie of Ferrante Conzaga Vice-Duke of Milan and of many arguments which he had that the Emperour meant to be Lord of that Citie the Pope also hauing taken from him the prouision of two thousand crownes doubting that hee was not able to defend it with his owne forces treated with the Pope by his brother the Cardinall either to assist him or giue him leaue to prouide for himselfe by the protection of some other Prince able to maintaine him against the Emperour The Pope without thinking more of it answered that hee should doe for himselfe the best he could wherefore Octauius by meanes of Horatius Who receiueth a French Garison 〈◊〉 the Citie his brother sonne in law to the French King put himselfe vnder the protection of France and receiued a French Garison into the Citie This displeased the Emperour his vncle who perswaded the Pope that it was against his honour who was supreame Lord of that Citie and Duke Therefore the Pope published a seuere edict against him citing him to Rome and declaring him traytor if he did not appeare and demanding the Emperours Which occasioneth a war betweene the Emperour the French 〈◊〉 assistance against him who declared that hee did approoue the Popes cause and would defend it with his armes This was a beginning of a manifest warre betweene the Emperour and the French King and of great distasts of this King against the Pope And in Saxonie vpon the Riuer Albi discourses beganne betweene the Saxons and those of Brandeburg to make a league against the Emperour that he might not wholly subdue Germany as shall be said in its place Notwithstanding these seedes of warre which in Italie in the beginning of April began to spring the Pope would haue the Legate A confederation is made in Germany against the Emperour and Nuncij goe to Trent and gaue them commission to open the Councel on the first of May the day appointed with those who were there yea though there were none at all by the example of the Nuncij of Martinus the fifth who opened the
Baptisme and of the Communion of the flesh of CHRIST What other spirituall things are there beside these And if there were how can hee who is partaker of these which are the chiefest be sayde absolutely in generall termes to be vncapeable of spirituall things But they sayd that the Minor was false also that causes appropriated to the Episcopall iudicature are spirituall For all either delicts or contracts which considering the qualities giuen by the holy Scripture to spirituall things are as farre from being such as earth is from heauen But the opposition of the better part could not ouercome the greater and so vpon the spirituall power giuen by CHRIST to the Church to binde and loose and vpon the institution of Saint Paul to compose contentions betweene Christians without going to the tribunall of Infidels in much time and by many degrees a temporall tribunal hath beene built more remarkeable then euer was any in the world and in the midst of euery Ciuill gouernement another instituted not depending on the Publike which is such a kinde of Common-wealth as not one of as many as haue written of gouernments would haue imagined could subsist I will omit to speake how the paines of so many besides the obtaining of the wished end To make themselues independent of the publike haue before they were aware raysed an Empire there being a more difficult opinion sprung vp taking root with admirable progresse which giueth to the Pope of Rome as much at once as hath in 1300. yeeres beene gained by so many Bishops by such extraordinarie meanes not making the power to binde and loose the foundation of iurisdiction but the power of feeding and so affirming that all iurisdiction was giuen the Pope by CHRIST in the person of Peter when he sayd to him Feede my sheepe For so it will be said in the third reduction of the Councell when great tumults were raised by this opinion which shall then be recounted But by that which hath been now declared euery one may of himselfe conceiue what remedies were necessarie to giue a tolerable forme to a matter broken out into so great corruptions and compare them with these that were proposed In Trent there were two defects considered that is that the charitie of the superiours was turned into domination and the obedience of the inferiours into complaints subterfuges and lamentations and they first thought of prouiding in some sort against them both But in prosecuting the first which is the fountaine from whence the second is deriued they vsed onely an exhortatorie remedie to the Prelates to take away domination and restore charitie And for the inferiours many subterfuges beeing mentioned to delude iustice three heads onely were taken Appeales absolutorie graces and complaints against the Iudges Iohannes Groperus who assisted in that Councell as a Diuine and a Lawyer spake honourably of Appeales and sayd that while the heat of faith remained in the brests of Christians Appeales were not heard of But charitie in the Iudges waxing colde and place being giuen to passion they entred into the Church for A discourse of Iohannes Groperus concernâ—ng Appeales the same reasons which brought them into the secular Courts that is for the ease of the oppressed And as the first iudicatures belonged not to the Bishop onely but to him with the councell of his Priests so the Appeale was not deuolued vnto one man but vnto another Congregation But the Bishops taking away the Synods did institute Courts and officers like the seculars Neither did the mischiefe stoppe there but passed to greater abuses then in the Secular court For there the first Appeale is onely to bee immediate superiour neither is it lawfull to leape to the highest nor permitted in the articles of the cause to appeale from the Decrees of the Iudge which they call interlocutories but it is necessarie to expect the end But in the Ecclesiasticall Courts one may appeale from euery acte which maketh the causes infinite and immediately to the highest Iudge which carryeth them out of the Countreys with great charges and other intolerable mischiefes This hee said hee did declare to conclude that if they would reforme this matter which is wholly corrupted and doeth not onely hinder residencie as in the Congregations of so many worthy Doctours and Fathers was considered but corrupteth the whole discipline and is a grieuance charge and scandall to the people it was fit to reduce it to its beginning or as neere to it as might bee setting a perfect Idea before their eyes and ayming at that to come as nigh to it as the corruption of the matter doth comport That the well instituted monasticall religions haue forbidden all appeale that this is the true remedie Hee that hath not beene able to goe so high hath moderated them granting them within their order and forbidding them without which succeeding well as appeareth to keepe those gouernments in order it would worke the same effect in the publike gouernments of the Church if the Appeales were confined within the same Prouince And to effect this and to bridle the malice of the litigants it is sufficient to reduce them to the forme of the Common lawes forbidding the Leap that is to go to the highest without passing by the intermediate superiours and by forbidding Appeales from the Articles or the interlocutory Decrees with which prouisions the causes will not goe farre will not be drawne in length will not cause excessiue charges and other innumerable grieuances and that the sentences may passe with sinceritie to restore the Synodals which are not subiect to so great corruptions remouing those officers by whom the world is so much scandalized because it is not possible that Germany should endure them This opinion was not willingly heard except by the Spaniards Dutch-men But the Cardinall the Nuncio of Siponto were displeased that hee went so farre For this was to take away not onely the profit of the Court but the honour also no cause would goe to Rome and by degrees euery one would forget the superioritie of the Pope it beeing an ordinary thing with men not to esteeme that Superiour whose authoritie is not feared or cannot be vsed Therefore they caused Iohn Baptista Castellus of Bolonia to speake in the next Congregation in the same matter in such sort as that without contradicting Groperus the appearance which the reasons alleadged by him did make should bee darkened Hee beganne with the prayses of the ancient â—n opposition whereof Iohannes Baptista Castellus maketh another discouâ—se by direction of the Presidents Church yet dexterously touching that in those same times there were imperfections in some part greater then in the present He thanked GOD that the Church was not oppressed as when the Arians did scarce suffer it to appeare and said that antiquitie ought not so to be commended as that something in the latter age may not bee reputed better Those who praise the Synodall iudicature haue not seene their defects
a criminall cause against a Bishop may not bee receiued by information but by witnesses and those of good fame chastizing them grieuously if they shall depose vpon Passion and the criminall causes of the Bishops may not be determined but by the Pope After this another Decree was published in which the Synode sayd The Decree concerning matters to be deferred vntill the comming of the Protestants That desiring to extirpate all errours it had handled foure Articles exactly 1. Whether it were necessary and commanded by GOD that all the faithfull should receiue the Sacrament vnder both kindes 2. Whether hee that receiueth but one receiueth lesse then he that receiueth both 3. Whether the holy Church hath erred in communicating the Laiques with the bread onely and the Priests who doe not celebrate 4. Whether children ought to bee communicated But because the Protestants of Germany doe desire to bee heard concerning these Articles before the definition and therefore haue demanded a Safe Conduct to come remaine speake freely propose and depart the Synode hoping to reduce them into the concord of one faith hope and charity by yeelding to them hath giuen them publique faith that is Safe Conduct as farre as it can according to the tenor vnder-written and hath deferred to define these Articles vntill the twenty fiue of Ianuary the next yeere ordaining withall that the Sacrifice of the Masse be handled in that Session as a thing annexed and that in the next the Sacraments of Penance and extreame Vnction be discussed The tenour of the Safe Conduct was That the holy Synode doeth as The tenor of the Safe Conduct much as it can grant publike faith full security that is Safe Conduct with all necessary and fit clauses though they require a speciall expression to all Ecclesiasticall and Secular persons of Germany of what degree state or quality soeuer who will come to this generall Councell that they may with all liberty conferre propose treate come remaine present Articles by writing or by word conferre with the Fathers deputed by the Synode and dispute without iniury and ill words and depart when they please And the Synode is further pleased to grant that if for their greater liberty and security they shall desire that Iudges bee deputed for the offences which they haue committed or shall commit though they be enormous and sauour of heresie The Ambassage of the Elector of Brandeburg they may name those that they shall esteeme fauourable After this the Mandate of Iâ—achim Elector of Brandeburg was read in the persons of Christopher Strassen a Lawyer and Iohn Osman his Ambassadours sent to the Councell The former made a long Oration shewing the good affection and reuerence of his Prince towarde the Fathers without declaring what his opinion was in point of Religion The Synode answered that is the Speaker in its name that it heard with great content the Ambassadours discourse especially in that part where that Prince doth submit himselfe to the Councell and promiseth to obserue the Decrees hoping that his deedes will be answerable to his wordes But the Proposition of those of Brandeburg was noted by many because the Electour was of the Augustane confession and it was openly knowen that his interests did mooue him to make such a faire shew that his sonne Fredericke elected Archbishop of Magdeburg by the Canons a Benefice vnto which a very great and rich principallitie is annexed might not be hindered at Rome and by the Catholiques in Germanie The answere which the Councel gaue was much matueiled at in regard An artifice vsed by the Councel often practised by the Church of Rome of the faire and aduantagious manner of contracting pretending ten thousand by vertue of the promise when the bargaine was but of ten For there is no more proportion betweene these two numbers then was betweene the reuerence promised by the Electour and the obedience receiued by the Synode It was replied for defence that the Councell did not regard what was but what should haue been sayd and that this is an vsuall and pious allurement of the holy Church of Rome which yeelding to the infirmitie of her children maketh shew to beleeue that they haue performed their duetie So the Fathers of the Councell of Carthage writing to Innocentius the first to giue him an account that they had condemned Celestinus and Pelagius desiring him to conforme himselfe to their declaration hee commended them in his answere that remembring the old Tradition and Ecclesiasticall discipline they had referred all to his iudgement whence all ought to learne whom to absolue and whom to condemne And indeed this is a faire gentle meanes to make men speake that in silence which they will not in words Afterwards according to the intimation made to the Abbat of Bellosana to giue him then an answere to the Letters and Protestation of his Master they made the Apparitors demaund by proclamation at the Church doore whether any were there for the most Christian King But no man appearing because it was so concluded by the Kings Counsel not to enter into the contestation of the cause especially for that they could expect no answere but made at Rome by the Pope and the Spaniards the speaker did desire that the answere decreed might be read publikely and so it was by consent of the Presidents The substance of it was That the Fathers conceiuing great hope of the fauours of the King were exceedingly grieued for the The answere of the Councell made to the Abbat of Bellosans words of his Minister which did much abate it yet they had not quite lost it in regard they were not conscious of hauing giuen him any cause of offence and for that hee said the Councell was assembled for the profit of some fewe and for priuate ends it had no place in them who were assembled not by the present Pope onely but by Paulus the third to extirpate heresies and reforme discipline then which causes none can bee more common and pious praying him to let his Bishops goe to assist this holy worke where they shall haue all liberty And if his Minister a priuate person who brought vnto them things distastfull was heard with patience and attention how much more welcome shall persons be of so great dignitie Adding withall that though they come not the Councell will not want reputation or authoritie hauing been lawfully called and for iust causes restored And for that his Maiestie did protest to vse the wonted remedies of his Ancestors the Synode had good hope that hee would not restore the things long since abrogated to the great benefit of that Crowne but looking backe vpon his Ancestors on the name of the most Christian King and on his father Francis who did honour that Synode following that example hee will not bee vnthankefull to GOD and the Church his mother but will rather pardon priuate offences for publike causes The Decrees of the Session were immediatly printed which
of 80. yeeres and made Pope did wholly addict himselfe to pomp and pride and endeauoured to set all Europe on fire with warre In the beginning of the yeere 1557. the Duke of Guise passed into Italy 1557. The Duke of Guise passeth into Italy with an army with his armie in fauour of the Pope who to obserue the promise of his nephew made to the French King made a promotion of 10. Cardinals which not beeing according to the meaning and the end agreed on neither for the number nor qualitie of the persons his excuse was that hee was so The Pope createth ten Cardinals neerely conioyned with his Maiestie that his dependants would bee as seruiceable to the King as the Frenchmen themselues and that he might assure himselfe that they were all for him and that he could not then make a greater promotion seeing the number was so great already arriuing to 70. which would quickely bee diminished by remoouing some rebels and putting honest men in their roomes which hee meant of those who were already in the Castle and others against whom he had a desseigne as well for matter of State as of Religion For hee was not so intent to the warre as that he did The Inquisition is the principal mysterie of the Papacle Card. Morone and the B of Morlena are imprisoned And Card. Poole depriued of his Legation abandon the businesse of the Inquisition which he said was the principall secret and mysterie of the Papacie He had some information against Cardinall Morone that he held intelligence in Germanie and did imprison him in the Castle deputing foure Cardinals to examine him seuerely and Egidius Foscararus Bishop of Modena as confederate with him Hee depriued also Cardinall Poole of his Legation of England and cited him to appeare in the Inquisition at Rome hauing alreadie imprisoned his inward friend as one of his complices Thomas S. Felice Bishop of Caua And that hee might not pretend to stay in England vnder colour of his Legation and the affaires of those Churches hee created Cardinall at Whitsuntide William Peto Bishop of Salisbury and made him Legate in the place of Poole And although the Queene and King testifying what seruice hee had done to the Catholique Faith made earnest intercession for him yet the Pope would neuer remit one iote of his rigour Cardinall Poole obeyed laying aside the administration and ornaments of a Legat sending Ormaneto to Rome to giue an account of his Legation but himselfe parted not out of England alledging the Queenes commandement because neither shee nor the King thinking the Pope was passionate would consent that hee should goe In England many were scandalized for it and aliened from the Pope and many Wherewith many were offended in Rome thought it a calumnie inuented to reuenge himselfe for the truce betweene the two Kings treated by him being Cardinall and Legate without imparting it to him And the opposition which hee made against him in the Conclaue to hinder him from being Pope was thought to haue no better ground The new Legat a man of great integritie had the same conceits who though hee tooke vpon him the name of Legat not to anger the Pope yet in nine moneths that he liued after he had the crosse of the Legation hee did neuer exercise the Charge but bare the same respect towards Poole as before The Duke of Guise being come into Italy made warre in Piemont with purpose to continue it in Lumbardie and so to diuert the armes taken vp against the Pope But the Popes ardent desire to assaile the Kingdome of Naples did not permit him The Frenchmen knew the difficulties and the Duke of Guise with some principall Commanders went to Rome by post to make the Pope vnderstand what the reasons of warre did perswade In whose presence all being consulted on and the Popes resolution not giuing place to any other deliberation it was necessary to yeeld vnto him Yet they did nothing but assault Ciuitella a place situated at the entry into the Prouince The Duke of Guise receiueth a repulse by default of the Caraffi of Abruzzo where the armie had the repulse and Guise complained much that the Caraffi had not made the prouisions which they had promised and were necessary In summe the Popes armes as well his owne as auxiliarie were not much fauoured by God But in the midst of August the army of the Duke of Alua approaching Rome not afraid of the French which 1557 PAVL 4. FERDINAND MARY HENRY 2. The Pope is terrified by the approaching of the Duke of Alua The battell of S. Quintin was entertained in Abruzzo and the Pope vnderstanding the surprize and sacke of Signea the slaughter of many and the danger in which Pagliano was he related all in Consistorie with many teares adding that he did vndauntedly expect martyrdom the Cardinals marueiling that he should paint out the cause to them who vnderstood the trueth as if it had bin of CHRIST whereas it was profane and proceeded from ambition and say it was the principall sinew and mystery of the Papacie When the Popes affaires were in the greatest straits the French Kings Army had such a great ouerthrow neere to S. Quintin that hee was forced to recall the Duke of Guise and his forces for the safety of the Kingdome letting the Pope know his ineuitable necessitie giuing him leaue to take what counsell seemed best for him and sending him backe the hostages The Pope refused to let Guise returne whereupon there beeing a great contestation Maketh the French King recall the D of Guise and his forces Whom the Pope disimsseth with bad tearmes betweene them the Pope not able to keepe him bid him goe seeing hee had done little seruice to the King lesse to the Church and none at all to his owne honour In the end of that moneth the Duke of Alua approached Rome which he had taken but for want of courage His retreat was ascribed to the basenesse of his minde who publikely sayd that hee feared that if Rome had been sacked the Armie would haue been scattered and the Kingdome The Duke of Alua might haue taken Rome and did not exposed to danger without forces or defence But secretly hee said that beeing in the seruice of a King who bare great reuerence to that place hee refrained to doe it because he knew not whether the action would haue been approoued Finally a composition was made the fourteenth of September betweene Alua and the Caraffi the warre hauing continued a whole But made a base composition with the Pope yeere In the capitulations the Pope would not haue Colonna nor any of his subiects comprehended nor any word inserted to shew that hee had offended in imprisoning the Emperours Ministers but maintained most constantly that the Duke of Alua ought to come to Rome to aske pardon and receiue absolution saying plainely that before hee would loose one iore of this due for so
hee receiued him in the Kings Hall and as Ambassadour of the King of Nauarre thinking it preiudiciall to his possession of that Kingdome to which hee had no title but by the excommunication of Iulius the second and because hee gaue audience to Monsieur de Cars who came to intreat him in the same Kings name to be a meanes that the Kingdome might be restored to him or satisfaction giuen him and had promised his paines herein The Pope sent the Bishop of Terracina expressely into Spaine to iustifie and excuse what hee For which two causes the Pope sendeth a Nunciâ— into Spaine had done in fauour of the King of Nauarre and to expound as it were by occasion the meaning of the Bull. To those that were afraid in regard of the contrary opinions of so great Princes hee answered that as a louing father hee had inuited all but that hee esteemed the Protestants as lost and that the Catholiques of Germanie could not adhere to the Councell without making a separation from the others and raising a warre and if any Catholique Prince would forsake him hee would proceede by his owne authority as did Iulius the third without the French King But hee told his inward friends that he accounted all these troubles to be indifferent in regard not knowing the issue of them hee might as well hope for a good successe as feare a bad In the meane space hee saw that hee receiued some benefit by this vncertaine Councell because it serued him as a bridle for Prince and Prelate in attempting any nouitie and for a colour to denie vnpleasing The vnccrtainty of y e Councel did stand the Pope in some stead suits saying that the Councell beeing opened hee ought to proceed warily and with respect and not to be prodigall in bestowing graces and fauours and when any great difficulty did arise hee did referre it to the Councell Onely he was afraid that the bad affection of the Protestants towards the Church of Rome might cause some excursion into Italie which A difference about precedence betweene the Dukes of Florence and of Ferrara would bee deriued wholly vpon himselfe and hee saw an ouerture thereof by a difference of precedence betweene the Dukes of Florence and Ferrara who descended to vnciuill termes Cosmo Duke of Florence said hee held the place of the Florentine republique which was euer preferred before the Dukes of Ferrara Alfonso Duke of Ferrara pretended that the Dukedome had continued in the house of his progenitors for many successions whereas Cosmo was the first Duke of Florence whose precedencie could not be maintained by the right of the Republique because it was no more in being This Duke was fauoured by Francis as cousin to Henry the second and brother in law to those of the house of Guise The other grounded himselfe vpon a sentence of Charles the fifth in his fauour Alfonso made instance in Germanie that the Emperour with the Electors would bee iudge of it in a Diet. The Pope thought it dangerous that the Diet of Germany should giue sentence concerning Italy which did by consequence import an execution and danger of Armes For remedie whereof he wrote to both the Dukes that it belonged onely to the Apostolique Sea and Vicar of CHRIST to giue sentence in such causes commanding them both to shew him their proofes and to expect his determination And to be prepared for all euents hee resolued to fortifie the Castle of Rome and the Citie Leonina commonly called Borgo and other places in his State as hee thought conuenient and imposed a taxe of three Iulij vpon euery measure of corne called a Rubie throughout his whole Territory And not to giue cause of iealousie to Princes he called the Ambassadours of the Emperour Spaine Portugal and Venice to whom hee imparted his determination and his reasons commanding them to aduertise their Princes of it and sayd that the Subsidie layd vpon his Subiects would be but small lesse then that which was imposed by Paul 4. when hee commanded the celebration of the Chaire of Saint Peter because by his imposition the poore man paid but three Iulij a yeere but by the Feast of Paul 4. did lose fiue and that dayes worke The time prefixed to begin the Councell approaching the Pope not to The Pope appointeth Presidents for the Councell faile in any thing that was to bee performed by him deputed Legate to preside Hercules Gonzaga Cardinall of Mantua a man eminent in regard of the greatnesse of his house of his brother Ferandus and of his owne vertue Hee vsed the Emperour to perswade him to accept and was confident of his worth and dexteritie To him hee ioyned Iacobus Puteus of Nizza an excellent Lawyer who was exercised a long time first in the Rota and then in the Signature saying that hee purposed to make three more and that if hee could not finde able men in the Colledge hee would create new Cardinals Diuines and Lawyers men of honesty for this imployment And hee called a Congregation of Cardinals and Prelates to giue order for all things necessary for the beginning of the Councell in Trent at the time appointed and letters came very fitly from the French King and in conformity of The French King accepteth the Bull. them his Ambassadour Mounsiear of Angolesme did declare vnto him that he was content with the Councel vpon any tearmes being desirous to see the effect of it and that fruit which all Christendome did require And he sent Mounsieur de Ramboullet expressely vnto him to make the same request and to represent vnto him the necessities of France and to tell him of the instance made vnto him herein by the States assembled in Orliens signifying vnto him that if this remedie were not quickly applyed hee should bee constrained to receiue a medicine in his owne Kingdome by an Assembly of his Prelates in regard there was no meanes to compose the differences of Religion but by a free Generall Councell or in defect thereof by a Nationall The Pope answered that none did desire the Councel more then himselfe the delay whereof proceeded not from him but from the diuers opinions of Princes for whose satisfaction he had giuen such a forme to the Bull as seemed most fit to content them all They changed their opinion in France because beeing in as bad a state as might bee thought that euery mutation made elsewhere would better their condition Viterbo wrote out of Spaine that the King did approoue his propositions and that after some consultation with his Prelates was finally resolued to accept the Bull without making any difficultie and to send his Prelates as And so doth the King of Spaine soone as the season was fit for trauell and an honourable Ambassage to assist in the Councell Hee sent aduice also that the Prelates of Portugall were already parted from their houses and that the King would send an Ambassadour but that he had perceiued that
members Granata did second him shewing the necessity and opportunity thereof thanking the Bishop of Fiue Churches for his admonition and said they would consult amongst themselues For this cause the Spaniards being assembled together discoursed of And is seconded by the Spaniards the necessitie of reformation and the hope thereof in regard of the Emperours inclination from which their King also who was most piously addicted would not disseut and the French Prelates who would shortly be there would vndoubtedly promote and assist the worke in earnest They repeated diuers abuses and shewed that the fountaine of them all was the Court of Rome which is not onely corrupt in it selfe but the cause of deformation in all Churches and particularly the vsurpaâ—ion of the Episcopall authoritie by reseruations which if it were not restored and the Court depriued of that which they haue taken from Bishops it would bee impossible the abuses should bee redressed Granata considered that it beeing necessary to lay a good foundation for so noble a Fabrique a way was open for them now that they were to speake of the Sacrament of Order if it bee determined that the authority of Bishops is instituted by CHRIST because it will follow by consequence that it cannot bee diminished by which meanes that will bee restored to the Bishops which hauing been giuen them by CHRIST hath by the ambition of others and their owne negligence been vsurped from them Braganza added that it was so much the more necessary because the Episcopall authority was brought to nothing and the Order erected superiour to Bishops vnknowen to the Church in former ages that is the Cardinals who at the first were esteemed in the number of Priests and Deacons and after the tenth age began to exalt themselues aboue their degree Notwithstanding they were still accounted inferiour to Bishops vntill the yeere 1200 since which time they haue so farre aduanced themselues that they hold Bishops as seruants in their houses and it will bee impossible to reforme the Church vntill both of them bee reduced to their due places These propositions and discourses were heard with applause so that they resolued to elect sixe of them to put in writing the things necessary and fit as well for the reformation in generall as particularly for this point of the institution of Bishops whence they purposed to begin Oranata Iasper Cornante Archbishop of Messina the Bishop of Segouia and Martin di Cardoua Bishop of Tortosa were named the last of which was cause why the proiect did not proceed For hauing secret intelligence with the Papalins he excused himselfe alleadging his owne insufficiencie and the vnfitnesse of the time adding that Fiue Churches was not mooued with pietie and had no other end then to make vse of them to constraine the Pope by meanes of the reformation to grant the vse of the Cup wherein they had beene auerse And seeing they were disposed to heare him hee preuailed so much with them that they passed no further for the present but interposed a delay Notwithstanding it was not long deferred For Granata Braganza Messina and Segouia hauing obtained audience of the Legates desired that they might handle the Articles proposed heretofore by Cardinall Crescentius in this same Councell and concluded though not published that is that the Bishops are instituted by CHRIST and are superiour to Priestes iure diuino The Legates after they had conferred together answered that the Lutherans hauing affirmed that a Bishop and a Priest is the samething it was fit to declare that a Bishop is superiour but that it was not necessary to say quo iure nor by whom a Bishop is instituted because there is no controuersie of it Granata replyed that there was a controuersie and that if the Diuines did dispute it the necessity of deciding this point would be knowne The Legates would not consent by any meanes and after some few sharpe words on both sides the Spaniards departed without hauing obtained any thing yet resolued still to perswade some of the Diuines to bring this particular into The Legates wiâ—l not sulter the instâ—tution of Bishops to be discussed the discussions and to make mention of it when they were to giue voices in congregation But the Papalins vnderstanding hereof did cause it to be voyced amongst the Diuines that the Legates did forbid all speach of that question But to returne to the congregation when the second ranke spake consisting of Diuines and Canonists Thomas Passius a Canon of Valentia said that all doubt made of the Ecclesiasticall Hierarchie did proceede from grosse ignorance of antiquity it being a thing most knowne that in the Church the people hath alwayes beene gouerned by the Clergie and in the Clergie the inferiours by the superiours vntill all be reduced vnto one vniuersall Rector which is the Pope of Rome And hauing declared the proposition at large he added that there was no need to doe any thing herein but to make this trueth appeare by remoouing the contrary errours which haue bin brought in by the Schoolemen who sometimes by too much subtiltie doe make plaine things obscure opposing the Canonists who place the first tonsure and the Bishopricke in the number of Orders Of the latter he said it seemed strange to him how they could confesse that confirmation ordination and so many other consecrations doe so peculiarly belong vnto it that they cannot possibly bee done by any else and yet deny it to bee an Order when as they giue that name to the keeping of the doore which may as well be done by a Lay-man For the first tonsure he hath euer heard the Diuines say that a Sacrament is an externall signe which signifieth a spirituall grace and that the tonsure is the signe and the thing signified is the deputation to the seruice of God and therefore hee wondered why they would not haue it to be a Sacrament and the rather because one entreth into the Clergie by it and doth participate of Ecclesiasticall exemptions so that if it were not instituted by CHRIST it could not be said that either Clergiship or the exemption thereof were de iure Diuino that it was plaine that the Hierarchie consisteth in the Ecclesiasticall Orders which is nothing but an holy order of superiors and inferiors which can neuer bee well established without making as the Canonists Of Ecclesiasticall Hierarchie doe the Tonsure the lowest and the Bishopricke the highest which being done the Hierarchie is all established because the first and last being giuen those of the middle will necessarily follow which cannot subsist without the former Concerning the other part of the Article they said it was very plaine by the Canons that in the choyce of Bishops and deputation of Priests and Deacons the people of al sorts was present gaue voice or approbation but this was by the Popes tacit or expresse consent because no Laicke can haue authority in matters Ecclesiasticall but by priuiledge from him And this
Ambassadours made a great and long instance to the Legats to handle the reformation and to propose their petitions before they beganne to treate of Matrimonie They answered that the Synode was not to receiue lawes from others that if things conuenient bee proposed by Princes consideration is to bee had of them at such times as the President shall thinke fit that if in their petitions any thing bee found belonging to Order they will propose it together and afterwards the other things in their time This answere not contenting the Ambassadours they desired that if they would not make the proposition they would bee content that themselues might doe it or else giue them a plaine negatiue adding as it were in forme of a protestation that if they continued to giue these ambiguous answeres they would hold them to bee equiualent to a scornefull negatiue The Legates tooke three dayes time to giue a more precise answere and in the meane while desired Loraine to pacifie them and to make them contented to expect vntill they had receiued an answere from Rome concerning the Articles which they had sent thither The next day the Articles of Matrimonie were giuen foorth to bee discussed The Articles to be disputed by the Diuines the weeke following in which a dispute presently arose betweene the French and Spaniards about precedence which could not bee composed to the satisfaction of both parties but by changing the order obserued vntill then and by giuing precedence according to promotion vnto the doctorship The Popes Diuines opposed saying that the difficultie beeing betweene the French and Spaniards the prouision should bee made for them alone and their place not altered which was vndoubtedly the first The Legates saying they had reason concluded that the first ranke in which the Papalins were should speake as formerly they had done and the other A question of precedence betweene the French and Spanish Prelates three according to the order of promotion wherewith the Frenchmen were not content except one of them were put into the first ranke The Spanish Secretary desired that a publique instrument might bee made of the decree that it might appeare that if any Frenchman speake before the Spaniards it was not by reason of precedence of the Kingdome In conclusion to giue satisfaction to all an instrument was made and a grant to the French-men that after Salmeron the first of the Popish Diuines the Deane of Paris would speake and the others of the first ranke should proceede according to promotion The Articles were eight vpon which they were to dispute whether they were hereticall and ought to bee condemned 1. That Matrimony is not a Sacrament instituted by God but an humane introduction in the Church and that it hath no promise of grace 2. That the Parents may make voide secret marriages and that those which are so contracted are not true marriages yea that it is expedient that hereafter they should bee made voide in the Church 3. That it is lawfull in case the wife bee diuorced for cause of fornication to marrie another in the life time of the former and that it is an error to make a diuorce for any cause but fornication 4. That it is lawfull for Christians to haue many wiues and that the prohibition for marriage in certaine times of the yeere is a tyrannie which proceeded from the superstition of the Gentiles 5. That Matrimonie ought to bee preferred before chastitie and that God giueth more grace to those that are married then to others 6. That the Priests of the West may lawfully contract Matrimonie notwithstanding the vow of Ecclesiasticall law and that to say the contrary is to condemne Matrimonie and that all those who haue not the gift of chastitie may marrie 7. That the degrees of consanguinitie and affinitie mentioned in the eighteenth of Leuiticus ought to bee kept and neither more nor lesse 8. That inabilitie to carnall copulation and ignorance in the contract of mariage are onely causes to dissolue Matrimonie contracted and that the causes of Matrimony doe belong to Secular Princes Of which Articles that they might briefly speake they were diuided into foure parts according to the foure rankes of Diuines and two appointed for each The Bishop of Renes Ambassadour of France to the Emperour arriued in Trent who hauing treated with Loraine that Cardinall went to the Legates and told them that euer since his departure out of France hee hath had commission from the King to goe to the Emperour which hee would doe within a few dayes because he would bee in Ispruc and because Renes was come to fetch him He gaue an account also of the iourney to the Pope by letters in which hee touched the manner of the proceeding of the Italians in Councell adding that if they so continued hee would pray God that hee might doe some thing for his holy seruice They had talked of this iourney a moneth before and therefore when it was published the suspicions were not so great as if it had not been foreseen All men assured themselues that it was to make a combination concerning the Councell and particularly to bring in the vse of the Cup and the rather because the Cardinall had said to many Prelates vpon diuers occasions that the Emperour Discourses about the Cardinall of Loraine his going to Ispruc Kings of the Romanes and of France would neuer leaue to make petitions for Reformation vntill they had obtained the vse of the Chalice though they were to remaine two yeeres in Councell but that fauour beeing granted they would easily bee quieted and that to giue satisfaction to those Princes was the best meanes to retaine those Kingdomes in obedience that it was impossible to obtaine it of the Pope in regard of the opposition of the Cardinals who abhorred the grant that it was not hitherto obtained in Councell because the businesse was not well mannaged and that there was hope that vsing good meanes it might bee gained But those who did more attentiuely marke the Cardinals proceedings obserued a great varietie in his speaches For sometimes hee said that in case matters were not resolued hee should bee forced to depart at Easter or at Whitsuntide sometimes that hee would remaine in Trent two yeeres sometimes proposing meanes to dispatch the Councell and sometimes taking courses to make it euerlasting manifest arguments that as yet hee knew not his owne intention And they suspected his cautelous proceeding which did argue a desire to iustifie his reasons by Art and make his cause honest And considering that in Ispruc would bee the King of the Romanes the Duke of Bauaria the Arch-Bishop of Salzburg and the Arch-duke Ferdinand it was thought that this conference must needes produce some nouities especially in regard of the small satisfaction which the Councell had hitherto giuen the Emperour and of the vnion in all matters betweene France and him And it might bee thought also that the King of Spaine so neere
Holinesse had depriued himselfe of doing the King any good office by giuing him so great a grieuance The Pope answered againe not for out cause but your owne and for the benefiâ—s 〈◊〉 by vs to the King these words were not worthy to bee put into the protestation made vnto 〈◊〉 The President Birague arriued in Trent at the same time whom as we said before the French King had sent to the Councel and the Emperour who 〈◊〉 〈◊〉 〈◊〉 Trent was receiued in Congregation the second of 〈◊〉 where no Ambassadors inferior to the French were present that he might 〈◊〉 them place because Is receiued in congregation he had not the title of Ambassadour in the Kings 〈◊〉 He presented the letters of the King dated the fifteenth of April which saiel in substance That the troubles and 〈◊〉 raised in the kingdome for cause of religion were very well knoweâ—â— also his 〈◊〉 with the 〈◊〉 and assistance of Princes and 〈◊〉 his friends 〈◊〉 〈◊〉 by armes that it pleased God in his incomprehensible Iudgements not to suffer those remedies of armes to produce any thing but 〈◊〉 slaughters sackings of cities ruines of Churches losse of Princes Lords Knights and other calamities and desolations so that it is easie to know that they were not fit to heale the infirmitie of Spirits which are ouercome onely by reason and perswasion that this hath caused him to make a Pacification according to the contents of his letters dispatched vpon that occasion not to permit the establishing of a new faith in the kingdome but that armes being layd aside he might with lesse contradiction make an vnion of all his Subiects in the same holy and Catholike religion a benefit which he did expect from the mercy of God and from a good and serious reformation which he did promise himselfe from the Synod And because hee had many things to represent to them and to desire of them he resolued to send Monsieur Renaut Birague who would informe them of all by word of mouth praying them to receiue and heare him with courtesie The letters being read the President spake relating very particularly the And maketh an oration discords warres and calamities of France the State and necessitie into which the King and kingdome were reduced the imprisonment of the Constable and death of the Duke of Guise which made them to bee as it were without armes Hee iustified the accord at large as being made for pure and meere necessitie and with more aduantage to the Catholike partie then to the contrary That the intention of the King and Councell was not to suffer an introduction or an establishment of a new religion but on the contrary armes and disobedience being remoued to reduce with lesse contradiction and by the wayes obserued by his ancestors to the obedience of the Church those that were out of their way and to reunite all in an holy Catholique profession knowing very well that the exercise of two religions cannot long subsist and continue in one kingdome Then he said that the King did hope to reunite quickly all his people in one opinion by the singular grace of GOD and by meanes of the Councell a remedy vsed alwayes by the ancients against such euils as those were which did then afflict Christendome Heprayed the Fathers to further the Kings good intention by a serious reformation by reducing manners to the 〈◊〉 and puritie of the ancient Church and by composing the differences in religion promising that the King would alwayes bee Catholike and deuoted to the Church of Rome according to the example of his ancestours Hee said in conclusion that the King did trust in the goodnesse and wisedome of the Fathers that they would compassionate the miseries of France and labour to cure them The President had commission to demaund that the Councel might be translated to a place where the Protestants might have free accesse For notwithstanding all the securitie giuen by the Pope and the Councell they held Trent suspected and desired a place where the Emperour might secure their But he touched not this point by the aduieâ— of Lordiuâ— and the French Ambassadours who â—â—ought it not fit to make 〈◊〉 and held it 〈…〉 of which 〈…〉 ker should answer Birague in the name of the Synod condoling the misfortunes and calamities of the kingdome of France and exhorting the King that hauing beene forced to make peace and to grant something to the Hugonots to restore religion intirely he would for the seruice of GOD when the kingdome was in peace labour without any delay that this good end might be obtained And they shewed this answer to Loraine after the Masse before they entred into the Congregation Who said hee did not like they should approue the Kings fact whereof they should rather complaine as preiudiciall to the faith and therefore that it was better to take time to answere as the vse is in matters of importance Whereupon they gaue order that Birague should be answered thus insubstance That in regard the things related and proposed by him were of great weight and had need of much consideration the Synod would take a fit time to answere him The French Ambassadours were much displeased with this fact of Loraine thinking that if the Legates had not beene disposed to commend the Kings actions hee ought to haue incited them yea to force them as much as hee could whereas on the contrary they iudging a commendation of the fact to bee iust and reasonable as indeed it was he had disswaded them But consulting amongst themselues they resolued not to write thereof into France for many respects and Lansac being to returne shortly might make that relation which should be thought necessary The moneth before there hapned a great tumult and popular commotion in Bauaria because the Cup was not allowed nor married men suffered A tumult in Bauaria for the Cup and mariage of Priests to preach which disorder proceeded so farre that to appease them the Duke promised in the Diet that if in all Iune a resolution were not made in Trent or by the Pope to giue them satisfaction himselfe would grant both the one and the other This newes comming to the Councel made the Legats dispatch in diligence Nicolaus Ormonetus to perswade that Prince not to make such a grant promising that the Councell would not bee wanting to his necessities To whom the Duke answered that to shew his obedience and deuotion to the Apostolike Sea hee would vse all meanes to entertaine his people as long as he could expecting and hoping that the Councell would resolue that which they saw to bee necessary notwithstanding the determination made before But the Congregations proceeding in handling the Conciliarie matters The Bishopof Nimes speaketh against Annates in one of them the Bishop of Nimes speaking of the abuses of Order discoursed of Annates He said that howsoeuer it could not bee denied that all Churches ought to contribute to
ought to bee obserued vpon paine of Anathema 1. That Ecclesiasticall persons may not bee iudged in a secular Court howsoeuer there may bee doubt of the title of the Clerkeship or themselues consent or haue renounced the things obtained or for any cause whatsoeuer though vnder pretence of publike vtilitie or seruice of the King nor shall be proceeded against there in cause of murder if it bee not truly and properly a murder and notoriously knowne nor in other cases permitted by the law without the declaration of the law going before 2. That in causes spirituall of matrimonie heresie patronage beneficiall ciuill criminall and mixt belonging in what manner soeuer to the Ecclesiasticall Court as well ouer persons as ouer goodes tithes fourths and other portions appertaining to the Church or ouer beneficiall Patrimonies Ecclesiasticall Fees temporall iurisdiction of Churches the temporall Iudges shall not meddle neither in the Petitorie nor in the Possessorie taking away all appeale vpon pretence of iustice denied or as from an abuse or because the things obtained are renounced and those who shall haue recourse to the Secular magistrate in the causes aforesaid shall bee excommunicated and depriued of their rights belonging vnto them in these things And this shall be obserued also in causes depending in what instance soeuer 3. That the Seculars shall not appoint Iudges in causes Ecclesiasticall though they haue Apostolike authoritie or a custome time out of mind and the Clerkes who shall receiue such offices from the Lakes though by vertue of any priuiledge whatsoeuer shall bee suspended from their orders depriued of their Benefices and offices and made vncapeable of them 4. That the Secular shall not command the Ecclesiasticall Iudge not to excommunicate without licence or to reuoke or suspend the Excommunication denounced nor forbid him to examine cite and condemne or to haue Sergeants or Ministers for execution 5. That neither the Emperour Kings nor any Prince whatsoeuer shall make Edicts or Constitutions in what manner soeuer concerning Ecclesiasticall causes or persons nor meddle with their persons causes iurisdictions or tribunals no not in the Inquisition but shall bee bound to affoord the seculat Arme to Ecclesiasticall Iudges 6. That the temporall iurisdiction of the Ecclesiastikes though with meere and mixt power shall not bee disturbed nor their subiects drawne to the Secular tribunals in causes temporall 7. That no prince or magistrate shall promise by Briefe or other writing or giue hope to any to haue a Benefice within their dominions nor procure it from the Prelates or Chapters of Regulars and hee that shall obtaine it by that meanes shall bee depriued and yncapeable 8. That they shall not meddle with the fruites of Benefices Vacant vnder pretence of custodie or patronage or protection or of withstanding discords nor shall place there either Bayliefes or Vicars and the Seculars who shall accept such offices and custodies shall bee excommunicated and the Clerkes suspended from their Orders and depriued of their Benefices 9. That the Ecclesiastikes shall not bee forced to pay taxes gabels eithes passages subsidies though in the name of gift or loane either in respect of the Church goods and of their Patrimonial except in Prouinces where by ancient custome the Ecclesiastikes themselues doe assist in publike Parliaments to impose Subsidies both vpon the Laitie and the Clergie to make warre against the infidels or for other vrgent necessities 10. That they shall not meddle with Ecclesiasticall goods mooueable or immooueable vassallages tenths or other rights nor in the goods of communities or priuate men ouer which the Church hath any right nor shall rent out the depasturing or herbage which groweth in the lands and possessions of the Church 11 That the letters sentences and citations of Iudges Ecclesiasticall especially of the Court of Rome so soone as they bee exhibited shall bee intimated without exception published and executed neither shall it bee necessarie to require consent or licence which is called Exequatur or Placet or by any other name either for this or for taking possession of Benefices though vpon pretence of withstanding falshoods and violences except in fortresses and those Benefices in which Princes are acknowledged by reason of the temporalitie and in case there shall bee doubt of falsitie or of some great scandall or tumult the Bishop as the Popes delegate shall constitute what hee thinketh needefull 12. That Princes and Magistrates shall not lodge their officers seruants souldiers horses or dogs in the houses or Monasteries of the Ecclesiastikes nor take any thing from them for their foode or passage 13. And if any Kingdome Prouince or place shall pretend not to be bound to any of the things aforesaid by vertue of priuiledges from the Apostolike Sea which are in actuall vse the priuiledges shall bee exhibited to the Pope within a yeere after the end of the Councell which shall bee confirmed by him according to the merites of the Kingdomes or Prouinces and in case they be not exhibited before the end of the yeere they shall be vnderstood to bee of no force And for the Epilogue there was an ad 〈…〉 tion to all Prindes to haue in veneration the things which concerne the Clergie as peculiar to God and not to suffer them to bee offended by others renewing all the constitutions of Popes and holy Canons in fauour of Ecclesiasticall immunitie commanding vnder paine of Anathema that neither directly nor indirectly vnder any preâ—ence whatsoeuer any thing bee constituted or executed against the persons or goods of the Clergie or against their libertie any priuiledges or exemptions though immemoriall notwithstanding And this is it which was first imparted to the Ambassadours and by each of them sent to their Princes whereupon the French King gaue the order to his Ambassadors before mentioned And the Emperor hauing seene them wrot to the Cardinall Morone that hee could not possibly assent either as Emperor Are distastfull to the Emperour or as Arch-Duke that they should speake in Councell of reforming the iurisdiction of Princes nor to take from them authority to receiue assistance and contributions from the Clergie putting him in minde that all the former euils did arise from the oppressions attempted by the Ecclesiastikes against people and Princes That they should beware not to prouoke them more and cause greater inconueniences to arise After Loraine was departed the French Ambassadours put their protestation in order to make vse of it if need were In the Congregation of the two and twentieth of September one of the Fathers made a long speach to shew that the cause of all deformation proceeded from Princes that they had more neede of reformation that the Articles were already in order and was now time to propose them that they might not vanish to nothing by delaies After hee had spoken the Ambassadour de Ferrieres made a long querulous The speach of de Ferrieres Oration or as the Frenchmen say a complaint The contents whereof in the
a little sauour of heresie to taxe Bishops of these later times as if they were not true Bishops In the end hee spake at large against the saying of the Ambassador that Kings are giuen by GOD confuting it as hereticall condemned by the extrauagant of Boniface the eight Vnam sanctam if hee did not distinguish that they are from GOD but by mediation of his Vicar The Ambassadour published an Apologie in answer of this writing as if Which causeth him to make an Apologie it had beene made to the Synod saying that the Fathers could not answere them as the Prophet did the Iewes for they demaunded a reformation of the Cleargie principally in France knowing the defects of it and not as the Iewes to whom the cause of their fasting and lamentation was imputed because they were ignorant of their owne defects that the Fathers ascribing the cause of the Ecclesiasticall deformation to their Kings should take heede they did not like Adam who layd the blame vpon the woman which God had giuen him for company saying it was a great fault in the Kings to present vnworthy Bishops but a greater in the Popes to admit them that they had desired the reformation before the doctrine not to leaue it vncertaine but because all Catholiques consenting therein they thought it necessary to begin with corrupted manners the fountaine and source of all heresies that he was not sorry hee had said that in the Articles proposed there are many things repugnant to the ancient decrees yea he would adde that they did derogate also from the constitutions of the Popes of later times that hee had said that Charles the great and Lewis the ninth had constituted Ecclesiasticall Lawes by which France had beene gouerned not that the present King did meane to make new and if he had he had spoken conformably to the holy Scripture the ciuill lawes of the Romans and to that which the Ecclesiasticall authors Greeke and Latine doe write before the booke of the Decrees for saying that beneficed men had onely the vse of the reuenues hee asked pardon because he should haue sayd that they were onely Administrators and that those who take his saying in ill part must complaine of Ierom Austin and the other Fathers who did not say onely that the Ecclesiasticall goods did belong to the poore but that Clergy men like seruants did gaine all for the Church that he neuer said that the King had free power ouer Ecclesiasticall goods but that all did belong to the Prince in time of instant and vrgent publike necessitie and he that knew the force of those words did vnderstand well that in such a time neither request nor authoritie of the Pope could take place that he had reprehended the Anathema against Kings in that manner as it was set downe in the Articles and did grant that Princes and Magistrates might bee reprehended in that sort as Nathan did but that they should not bee prouoked with iniuries and maledictions that hauing incited them by the example of Ezekias to make a reformation according to the paterne of the ancient times it could not bee inferred that he did not thinke the Bishops of the last times to be lawfull knowing very well that the Pharises and Popes sit in Moyses chaire that in saying the power of Kings commeth from God he hath said absolutely and simply as the Prophet Daniel and Paul the Apostle haue written not remembring the distinction of mediate immediate nor the Constitution of Boniface of which if hee being a French-man had thought he would haue repeated what the Stories say of the cause and beginning of that extrauagant This Apologie did not diminish the bad opinion conceiued against the Ambassadours but increased it rather it being as they sayd not an excuse The gouernmēt of France is taxed by the Fathers of the error committed but a pertinacie in maintaining it And many discoursed not so much against the Ambassadours as against the Kingdome They sayd it did plainly appeare of what mind they were who managed the affaires of France They noted the Queene Mother that shee gaue credit to the Chastilons especially to him that had quitted the Cardinals Cap that the Chancellor and the Bishop of Valence had too much power with her at whose instance that vnluckie checke had beene giuen to the Parliament of Paris with the detriment of Religion that she had inward familiaritie with Cursor and with his wife whom in respect of their Religion shee should not haue endured to looke vpon That the Kings Court was full of Hugonots exceedingly fauoured that sollicitation was still vsed to sell Ecclesiasticall goods to the great preiudice of the Church and other things they sayd of this nature But while the Councell was in this motion by meanes of these differences the Count of Luna according to his vse to adde difficulties to those which were proposed by others made instance for the abrogation of Proponentibus Legatis A thing which did much trouble them because they knew not how to content him without preiudice of the formed Sessions For not onely the reuocation but euery modification or suspension did seeme to bee a declaration that they had not lawfully proceeded in the things past But the Ambassadour seeing nothing done concerning his demand so often The abrogation of proponentibus Legatis is promoted againe made said that hitherto he had negotiated modestly but should bee forced to alter his course and spake more boldly because the Pope vpon his former instances had written that they should doe that which was conuenient and did wholly referre himselfe vnto them The Legates to be quit of his importunitie answered that they would leaue it in the liberty of the Councell to make the declaration if he thought good and so the name of libertie of the Councel did serue to couer that which did proceed from others For the Legates did at the same time vse strong perswasions with the Prelates their friends that a delay might bee interposed to referre this particular to the end of the Councel and to enioy the benefit of time that some ouerture might bee made to some course lesse preiudiciall But the Count hauing discouered the practises prepared a protestation desiring the Emperours French and Portugal Ambassadours to subscribe it who perswaded him not to bee so earnest at that time For Morone hauing promised the Emperour that prouision should bee made herein before the end of the Councel vntill it were vnderstood whether that would be performed or not they knew not how hee could protest concerning the other And Cardinall Morone to pacifie the Count sent Paleotto often to negotiate with him in what maner his request might be granted which himselfe did not well vnderstand because his meaning was not to preiudice the decrees past and with this condition it was hard to finde a temper In conclusion the Legates gaue the Count theirword that the declaration should be made in the next Session
iudge yet there is no doubt but that in the declaration they would say they meant the Ecclesiasticall onely And they thought it an vsurpation of temporall authoritie to punish Seculars with infamie and incapacitie of dignities Neither did they approoue the constitution against conculinaries any a yeere in excommunication that they should be punished by the Ecclesiastique because excommunication is the extreme last and greatest of Ecclesiasticall punishments according to the doctrine of all the Fathers so that to passe that was to enter vpon the Temporall power and the rather because they giue themselues power to course concubines out of their countreys deriding the secular Magistrates by imploring their arme if there shall bee need which is as much as to affirme that ordinarily the execution of this banishment may be made by the Ecclesiastique himselfe The Decree of reformation in the first Article was noted either of defect or of presumption For if the Synode had authoritie to giue Law to the Pope especially in things so iust it was not fit to doe it by way of narration or by obloquitie of words But if it ought to receiue Law from the Pope it cannot bee excused for hauing passed its bounds because it doeth sharpely reprehend the former actions of this and other Popes though it doeth it obliquely Those that were seene in the Ecclesiasticall stories said that to draw all the causes of Bishops to Rome was a new policie to make the Court great whereas all the examples of antiquitie and Canons of the Counsels of those times doe shew that the causes of Bishops though of depositions were handled in the countries of each of them Those who expected a prouision against the abuse of pensions seeing what was decreed in the 13. Article did iudge that the matter would passe to a greater corruption as the euent also hath shewed The fourteenth Article was commended by euery one because it did seeme to take away the Annates and paying for Bulls dispatched at Rome for collation of Benefices But in progresse of time it appearing that those remained still and that there was not so much as any cogitation either to remooue or moderate them they remembred that onely the small abuses of other Churches being prouided against the saying was verified that onely moates were taken out of the eyes and beames neuer Euery wise man thought that this age was not worthy of that Decree for the vnitie or at the most dualtie of Benefices and that it would not be obserued but in the poorer sort onely Likewise for the examination in concurrence in the collation of Benefices euery one did prognosticate that it would bee deluded by some sinister interpretation And the prophecie was quickly verified For in Rome within a short time they began to declare that concurrence was not to bee obserued in case of resignation but that hee onely was to bee examined to whom the resignation was made which was as much as to abolish the Decree for the most part because the better sort were excluded by resignation and hee onely preferred who pleased the resignant and Benefices are not vacant for any other cause but casually The Decree of the cognition of causes in the first instance was quite destroyed by the exception added that is except those which the Pope will commit and call to himselfe For causes were neuer taken from the lawfull tribunals but by commissions and auocations of Popes and now the cause of the disease was preserued and the symptom onely cured And howsoeuer the adiunct for vrgent and reasonable causes did seeme to moderate the matter wel yet men of vnderstanding knew that it was as much as to say for any arbitrary cause But in the last poynt which was in expectation so many moneths touching the essentiall liberty of the Councell seeing it was declared that the meaning of the Synod was not to change the manner of proceeding nor to make any addition or diminution of the old constitutions wise men said that concerning this Councell it was a declaration contrary to the fact and published when it did no good neither was there any more vse of it then of a medicine applyed to a dead body And some mocked and said that it was as much as the consolation of an honest man whose wife had brought him children by other men and said she did it not to doe him wrong But by an example giuen to posteritie it did teach how all violence and exorbitancie might bee vsed in Councell from the beginning to the end and all inconuenience done excused by such a declaration yea iustified and maintained for lawfull At this time besides the aduice of the Session helde three other sorts of distastfull newes came into France The first was the Popes answere about the hundred thousand crownes The second the protestation made in Councell and the displeasure taken at it in Trent and Rome The last was the sentence against the French Bishops and the citation of the Queene of Nauarre The French-men hauing much considered on these things resolued The Alienation of Ecclesiasticall reuenues in France not to treate any more with the Pope for his fauour in the alienation but to execute the Kings Edict approued in Parliament without any consent of his Holinesse This being suddenly performed few buyers could bee found as well because men doe not easily resolue to lay downe their money as because they were disswaded by the Ecclesiastiques who told them that the sale wanting the Popes confirmation would not hereafter be esteemed to bee good This was a hinderance to the King and no fauour to the Clergie For the sale was made but it was done at a low rate neither was there raysed more then two millions and halfe of Francks small in regard of the things aliened seeing that it was made at twelue for an hundred whereas it had beene a small price if they had giuen an hundred for foure And it is worthy to bee repeated heere that amongst the things solde one was the iurisdiction which the Arch-bishop of Lions had held vntill that time ouer that citie which was sold at the outcry for thirty thousand Francks But the Bishop complained so much that in supplement of the price he had giuen vnto him 400. crownes yeerely Concerning the protestation made in Councell the King wrote to his Ambassadors the ninth of Nouember that hauing seene what the Cardinall of Loraine had written against their protestation and heard the relation made by the Bishop of Orlience of all things done in Trent he was pleased with it as also with their retire to Venice and commanded that de Ferrieres should not depart thence vntill he had new order which should bee when hee was aduised that the Articles were so reformed that the rights of the King and of the Gallican Church were not put in question And he wrote to the Cardinall of Loraine that himselfe and his Counsel knew that his Ambassadors had protested vpon great and iust
occasion For as hee would continue in the vnion and obedience of the Church so hee would preserue inuiolable the rights of his crowne without suffering them to be questioned or disputed or himselfe forced to shew them That they should not thinke to satisfie him with saying in the ende Sauing and reseruing the rights c. because vnder this colour they would binde him to shew a reason in euery opposition That if hee had seene the Articles as they were proposed hee would haue iudged that the Ambassadour could not haue done otherwise then make the opposition which his desire was they should first haue shewed to him but said they were to bee excused in regard of the occasion suddenly arising and of the circumstances which did produce it and of the suspitions which made them doubt of some Artifice to precipitate the decision And if the Pope had no intention as hee the Cardinall giueth him to vnderstand that the rights of the Emperour and Kings should bee touched and disputed his Holinesse must turne his anger vpon the Legats who proposed the Articles and named Kings Emperour Republikes and not vpon the Ambassadors That hee thinketh the protestation may be iustified before all Christendome when the Articles shal be seene That the Legats hauing proposed those Articles against the intention of his Holinesse he ought not to referre himselfe to their discretion hereafter nor to cause his Ambassadors to returne vntill he had ful assurance that those Articles should not be spoken of any more which being done he will command them to goe againe to the Councell Concerning the citation and sentence the King gaue order to Henry Clutia The French King taketh part with the Queene of Nauarre Lord d'Oysel to tell the Pope that his Maiestie had vnderstood to his great displeasure that which he did not beleeue by the fame which was spread vntill he had seene a copie of the monitories affixed in Rome that the Queene was so proceeded against as that hee was bound to defend her First in regard the cause and danger was common to all Kings who therefore were obliged to protect her and the rather because she was a widow and his obligation was the greater in respect of the neere kinred hee hath with her by both lines and by agnation with her husband who died but a little before in the warre against the Protestants leauing his sonnes Pupils Therefore hee could not abandon her cause following the examples of his ancesters and the rather because hee ought not to indure that any should make warre against his neighbours vnder colour of religon adding that it was not pious to put the Kingdomes of Spaine and France lately ioyned in friendship in danger of a bloody warre for this cause He said moreouer that the Queene hauing many Fees in France shee could not by the rights and priuiledges of that Kingdom be compelled to appeare either in person or by Proctor adding many examples of Princes and Popes who haue proceeded with due and lawfull moderation Hee touched the forme of the citation by Edict a thing not heard of in former times inuented by Boniface the eighth and as too hard and vniust moderated by Clement the fifth in the Councell of Vienna He said that such citations could by no meanes take place but against the inhabitants to whom the accesse is not secure and that the Queene remayning in France a great iniurie was done to him and the Kingdome by vsing that forme as also was done by exposing to prey and granting to the Vsurpers the Fees she holdeth in France the right whereof belongeth to him And euery one marueiled hee said that his Holinesse who did fauour so affectionately the cause of King Antonie while he liued in being his mediator with the King of Spaine would now oppresse his children and widow But he complained most of all that so many Kings Princes and cities hauing departed from the Church of Rome with in fourtie yeeres hee had not so proceeded with any other which shewed well that he did it not for the good of her soule but for other ends Hee wished his Hol. to consider that power was giuen to Popes for saluation of soules not to depriue Princes of their States nor to order any thing in earthly possessions which hauing beene formerly attempted by them in Germanie did much trouble the publike quiet Hee intreated the Pope to reuoke all his Actes against the Queene protesting that in case hee would not hee would proceede to those remedies which his predecessours haue vsed Hee complained also of the cause of the Bishops and commanded his Ambassador And with the Bishops that declaring vnto him the ancient examples the liberties and immunities of the French Church and the authoritie of the Kings in causes Ecclesiasticall he should pray the Pope not to make any innouation Monsieur d' Oisel performed this office with great vehemencie and after many treaties with the Pope obtained of him to speake no more either of the Queene or of the Bishops But in Trent the Session being ended and matters well agreed on betweene the Legates and Loraine and the businesse imparted to the principall Papalins Otranto Taranto and Parmaâ— as also to the Emperours Ambassadours The Card of Loraine publisheth y e desseigne to finish y e Councell Loraine began to publish their deseigne that the Councel might bee finished with one Session more Hee sayd hee could not bee in Trent at Christmas that himselfe and all the French Bishops must depart before that time that hee desired to see the Councel ended and was loath to leaue so honourable an assembly but that hee could not otherwise doe beeing commanded by the King The Imperialists also did publish in the Councell that the Emperour did desire the dispatch and that the King of the Romanes did write that his desire was it should bee finished by Saint Andrewes day or at the longest in the beginning of the next moneth by all meanes And indeede that King not to please the Pope but because it was his opinion did sollicite the conclusion For beeing to hold a Diet hee was not willing his Father should haue Ambassadours in the Councell and said that if that were shut vp the affaires of Religion in Germanie would bee in farre better case The greater part of the Fathers were glad to heare this and Morone making a Congregation in his house the fifteenth of Nouember of the Legates two Cardinals and fiue and twenty Bishops the principall of euery Nation hee proposed that the Councell hauing beene assembled for the necessities of Germanie and France and now the Emperour King of the Romanes Cardinall of Loraine and all Princes desiring that it should bee finished they would speake their opinion concerning the concluding of it and the manner Loraine sayd it was necessary to finish it not to hold Christendom in suspence any longer to shew the Catholikes what they ought to beleeue and to take away the
731 732 The Decree is read for sauing the Popes authoritie which was neuer mentioned before 812 The Popes authoritie whether it be necessary to confirme the Decrees of the Councell 812 Pope onely must interprete the Decrees of the Councell of Trent 818 Portugal Ambassadour is receiued in Congregation 476 Preaching claymed by the Regulars as belonging to them wich is denied by the Prelats 161 167 Precedence is claimed by Don Diego the Spanish Ambassadour before the Cardinall of Trent 114 117 By the Duke of Florence before the Duke of Ferrara 443 Princes of the blood in France haue precedence of the Cardinals 449 The Prelates in Trent differ about precedence 467 and so doe the Ambassadours of Portugal and Hungarie 480 Likewise the Bauarian and Venetian Ambassadors differ about precedence 501 and so doe the French and Spanish Ambassadors in Trent 663 In Rome 713 and againe in Trent 727 728 729 Predestination is discussed 210 211 c. Presidents sent by the Pope did neuer gouerne Councels before that of Constance 137 They gaue auricular voyces in Trent 616 Presidents named for the second reduction of the Councel in Trent 310 For the third reduction 444 445 The Presidents onely doe giue audience to the Ambassadours 553. Two new Presidents 681 Presidents of Councels what authority they haue 707 Priesthood and the decree concerning it 738 The Anathematisme belonging to it 739 Prince of Conde is imprisoned 436 Prince of Orange marrieth a daughter of the Duke of Saxonie 456 Proctors sent by the Vice-roy of Naples to giue voyce in Councel for all the Cleargie of that kingdome 118 The Pope decreeth that none shall giue voyce by Proctor 118 The Proctors of the Arch-bishop of Mentz are about to leaue the Councel 122 Prohibition of Bookes is discoursed on by the author 472 Protestants make a conditionall submission to the Councell 274 A consultation how they are to be receiued in Councel 367 Protestant Diuines of Wittenberge and Strasburg come to Trent 374 Fifty thousand Protestants were executed in the Low-Countreys within a short space 413 The Protestants assemble in Noremburg and the Pope sendeth Nuncii vnto them 439 Protestations of Doctors that they refer themselues to the Church are but words of complement and of good manners 249 Protestation of the Emperour against the Councell of Bolonia 279 280 Another Protestation in Rome before the Pope 281 Which the Pope saith the ambassadour did make without commission from his master 282 The ambassadour protesteth againe 284 The French K. protesteth against the Councell in Trent 319 The intended protestation of the French ambassadour about precedence 730 731 Prouerbe in Trent very blasphemous about the bringing of the holy Ghost from Rome 497 Another prouerbe in Councell Wee are fallen from the Spanish Scab to the French poxe 640 A kinde of prouerbe made in France concerning the authoritie of the Councell 822 Purgatorie is spoken of 799 Q. QVeene Mary gouernesse of the low Countreys fauoureth the Protestants 89 Queene mother of France refuseth a Spanish armie to assist her against the Hugonots 648 Writeth to the Pope and Cardinall of Loraine 712 Is complained of by the Pathers for being ruled by the Chastillons and other Hugonots in France 776 Queene of Scotland writeth to the Councell of Trent 703 Queene of England should haue beene proceeded against in Councell but the Emperour would not fuffer it 727 Queene of Nauarre is cited to Rome for Lutheranisme 780 And is defended by the French King 794 795 R. REformation made by Cardinall Campeggio in the Diet of Noremberg 32 33 c. A reformation made in Rome vnder Paul the third was suppressed 79 A reformation of the Court of Rome is set on foot and much discussed 83 84 The Emperour would haue Reformation handled before Doctrine 202 It is wholly recalled by the Pope to be handled in Rome but the Prelates will not yeeld 254 255 A reformation of the Clergie published by the Emperour 292 A reformation made in Councell is complained of by the Priests 343 Another is made in Rome of small matters onely 505 Twentie points of reformation are proposed by the Emperours Ambassadours 513 Nine points of reformation 532 538 The chiefe points of reformation are omitted 568 Reformation is mainely promoted in Councell by the Imperialists and Spaniards 588 The free speeches in Councell concerning reformation doe trouble the Legats 595 600 The reformation of Princes how it began 617 Articles of reformation proposed in Councell by the French-men 650 652 The Pope thinketh that a reformation will not reduce the heretickes 700 A reformation of Cardinals is mainely promoted but vanisheth quickely 726 A reformation proposed by the Imperialists 751 752 The reformation of Princes is deferred 760 An hundred Prelates doe combine to promote it 766 It is declared at large 769 770 The Emperour distasteth it and the French ambassadour de Ferrieres maketh an oration against it 771 772 The Decree of the generall reformation 808 809 c. The reformation of Princes 811 812 c. Regulars are complained of by the Prelats and defend themselues 169 They begin to mutine about their exemptions 761 Their reformation 806 Religion is changed in England 295 384 421 Religion is changed in Denmarke 84 Religion is changed in the Palatinate 148 398 Religion is changed in Scotland 426 451 Reputation is the chiefest ground of the Papall greatnesse 29 Residence is treated of 191 216 217 c. Whether it be de iure diuino 218 219 The Cardinall of Monte will not suffer that question to be decided 232 The question is set on foot againe 486 487 c. It causeth great feare in Rome 502 Is disputed on againe 505 510 The disputation of it is diuerted by the Legates 550 Residence is decreed 723 736 The reformation of it is decreed 739 Richard of Vercelli dieth with griefe because he was in disgrace with the Legats for speaking freely in Councell 566 569 Rites of the Roman Church are diuers 548 Rome is taken by the Colonnesi 41 And by the Dutch-men and Duke of Borbon 43 Rota in Rome which is the greatest Court of iustice there reiecteth a cause of the Bishop of Segouia assisting in Councel for suspicion of heresie because he did not second the Popes designes 678 S. SAcraments in generall are handled 234 235 c. How they doe containe and cause grace 237 A decree of reformation is made concerning them 245 and Anathematismes 248 Safe-conduct is required by the Protestants to goe to the Councell 316 The Contents of it 341 It is disliked by the Protestants 343 344 The Councell refuseth to alter it 369 Santa-Croce the Legate is threatned by the Emperour to bee cast into the riuer Adice 202 Schisme in the Councell some remaining in Trent and others being gone to Bolonia 269 274 Scotland shaketh off obedience to the Pope 426 451 Session the first held in Trent Deocin 13. an 1545. 130 The second Ian. 7. 1546. 139 The third Feb. 4. 1546.
keepe secret amongst learned men and that it was rather disputable then decided Therefore that himselfe also who stedfastly beleeued it in his conscience notwithstanding had so carried it in his writings that none but the most learned men could draw it from his words which doctrine beeing divulged and authorized there would be danger that Card. Caietan disswaded the Pope from making a decree concerning Indulgences euen learned men would conclude that the Popes grant profited nothing but that all oughtt to be attributed to the quality of the worke which would absolutely diminish mens hote desires to purchase Indulgences and the esteeme of the Popes authority The Cardinall added that after hee had exactly studied this subiect by the command of Leo at the time when these contentions began in Germanie and written a full tract thereof being Legat in Ausburg the next yeare he had occasion to examine and treat of it more diligently speaking with many and discussing the difficulties and motiues which troubled those Countryes and in two conferences which hee had with Luther in that City he disputed that matter at large which hauing well digested he doubted not but that he might say with asseueration without danger of errour that there was no other way to giue remedy to the scandals past present and to come then by bringing backe those things to their first beginning That it is a cleare case that howsoeuer the Pope may free the faithfull from any punishment by the meanes of Indulgences yet to him that readeth the Decretals it plainely appeareth that an Indulgence is an absolution from penance imposed in confession onely Wherefore causing the disused penitentiary Canons to be obserued again and imposing conuenient penance euery one would euidently see the necessity and vtility of Indulgences and would earnestly seeke them to free themselues from that great burthen of penance and the golden age of the Primitiue Church would returne againe in which the P relates had absolute command ouer the faithful onely because they were held in continuall exercise with penance whereas now being become wanton they would shake off from them the yoke of obedience The people of Germanie who buried in idlenes giue care to Martin for preaching Christian liberty if they were curbed with penances would thinke no more of this innouation and the Apostolical Sea might fauour therein whosoeuer would be thankefull to it in that behalfe 55 This opinion pleased the Pope as grounded vpon authority and whereunto he saw not what opposition could be made He caused it to be proposed Who was willing to imbrace his opinion in the Penitentiarie Court to finde a meanes and forme how to put it in practise first in Rome and then in all Christendome For this cause diuers assemblies were made by the deputies for the reformation together with the Penitentiaries to treat of the manner how to vse it But so many difficulties did crosse it that in conclusion Lorenzo Puccio a Florentine Cardinall of Santi Quatro who was Datarie to Pope Leo and as hath been said a diligent minister But was disswaded by Lorenzo Puccio to find out money and was now chiefe Penitentiary related to the Pope with a generall assent that the proposition was thought impossible and that when proofe thereof should be made in stead of curing the present diseases farre geater would be stirred vp That the Canonicall punishments were grown into disuse because they could no longer be supported for want of the ancient zeale Wherefore for him that would bring them backe it was necessary he should make the same zeale and Charity in the Church to returne againe That this presentage was not like vnto those that were past in which all the Constitutions of the Church were receiued without thinking any more of them whereas now euery one will be a iudge and examine the reasons Which if it happen in things that bring with them no burden at all or very little how much more must it be expected in a thing that would bee most heauy It was true that the remedie was fitted for the disease but that it was too strong for the body that was sicke and insteed of curing would kill it and that in place of regaining Germany Italy would first bee lost and that estranged much more The Cardinall added mee thinkes I heare one say as S. Peter did Why do they tempt God laying vpon the Disciples shoulders that which neither we nor our fathers haue been able to beare That his Holynes should remember that famous place of the Glosse alleadged by him in his fourth booke vpon the Sentences that concerning the value of â—ndulgences the complaint is both old and doubtfull That hee should consider the foure Opinions all Catholique and yet so different as that Glosse doth Fowre very different opinions about Indulgences and all Catholique recite Whereby it is manifest that this matter in these times requireth silence rather then any further discussion 56 These reasons sanke deepe into Adrians mind and made him not know what to doe and hee was perplexed so much the more because he found no lesse difficulty in other things which in his secret purpose hee meaned to reforme In the matter of dispensations for marriage the taking away of many prohibitions against contracting matrimony betweene certaine persons which seemed superfluous and hard to bee obserued whereunto hee was much inclined and it would haue beene a great ease to the people was blamed by many as a thing that weakened the sinewes of discipline and the continuing of them made the Lutherans say that they were onely to get money To restraine the dispensations to certaine qualities of persons was to giue new matter to the pretendants to alleadge that in spirituall things and in whatsoeuer belonged to the ministery of CHRIST there was no difference of persons To take away pecuniary expences for these things that could not be but by rebuying the Offices which Leo sold the buyers whereof were gainers by this Which also hindered the abolishing of Regresses Accesses and Coadiutories and other deuices vsed in the collation of Benefices which had the appearance if not rather the essence of Simony To rebuy the Offices was impossible in regard of the great charges which must bee made and alwayes continued And that which most troubled his mind was that when he was resolued to take away any abuse there wanted not some who tooke vpon him to maintaine with colourable shew that the thing was good or necessary With these doubts the Pope was grieued vntill Nouember desirous to make some notable prouision to giue the world a taste of his minde who was resolute to remedy all the abuses before hee began to treat in Germany 57 At length Franciscus Soderinus Cardinal of Preneste called Cardinal of Volterra The counsell of Franciscus Soderinus in whom he put most confidence though afterward he was so far in his disfauour that he cast him into prison made him come
Emperours Ambassadours two yeeres since and that still they desired a lawfull Councell as they were sure that all godly men did and that they would goe to it as many times hath beene determined in the Imperiall Diets But for the Councell which the Pope hath appointed to bee in Mantua they hoped that the Emperour would not breake the decrees of the Diet nor his owne promises so often made vnto them that the Councell should bee celebrated in Germany and that they saw not how there could bee any danger there seeing that all the Princes and Cities obey the Emperour and are so well gouerned that all strangers are receiued and entertained with all humanity But that the Pope should prouide for the securitie of those that went to the Councel they could not see how especiall considering what things haue happened in the precedent age That the Christian Commonwealth hath neede of a godly and free Councell and that to such a one they haue appealed And whereas the Nuncio sayd that they ought not to treat of the manner and forme first it signified nothing but that there should bee no libertie and that all should bee referred to the Popes power who already hauing so often condemned their religion the Councell cannot bee free if hee shall bee Iudge That the Councell is not the tribunall of the Pope and Priests onely but of all the orders of the Church not excluding the Seculars That to preferre the Popes power before the authoritie of the whole Church is an vniust and tyrannicall opinion That the Pope defending the opinion of his owne men yea with cruell edicts making himselfe a party to the cause it is iust that the manner and forme of the processe should bee determined by the Princes The Kings of England and France sent Ambassadours to the assembly of The King of England and the French King send Ambassadors to Smalcalda Francis Sforza dieth Smalcalda the French King who had a disseigne to make warre in Italy Francis Sforza Duke of Milan beeing now dead desired them not to accept of any place for the Councel without the aduise of him and of the King of England and that they would accept of none without them The King of England aduised them to be aware that they called not such a Councel where in stead of moderating the abuse they should more establish the Popes authority and desired them to approoue his diuorce On the other side they dealt with him to receiue the Augustan confession Which things being treated of in diuers assemblies had no conclusion at all But Vergerius in the beginning of the yeere 1536. returned to the Pope to 1536 relate the effect of his Ambassage Hee deliuered in summe that the Protestants 1536 PAVL 3. CHARLES 5. HENRY 8. FRANCIS 1. would not receiue any Councell except it were free and in a fitte place within the confines of the Empire grounding themselues vpon the Emperours promise and that of Luther and his complices there was no hope at all nor any other way to be thought of but to oppresse them with warre Vergerius for his reward had the Bishopricke of Capo d'Istria his owne Countrey and was sent by the Pope to Naples to make the same relation to the Vergerius returneth and deliueceth to the Pope the effect of his negotiation He is rewarded and sent to the Emperour Emperour who hauing beene victorious in Africa was passed into the kingdome to settle the affaires thereof The Emperour hearing the narration of the Nuncio went to Rome Hee had priuate conference with the Pope concerning the affaires of Italy and the pacification of Germanie The Pope according to Vergerius counsell said there was no meanes to bee vsed but warre But the Emperor seeing the time not ripe as yet to reape from thence The Emperour goeth to Rome to conferre with the Pope that good fruit as others were perswaded he might and himselfe also intangled in Italy without possibility of being free but by yeelding Milan which he resolued by all meanes to make his owne whither all his actions did principally tend alleaged for a reason to deferre that warre that it was more necessary to defend Milan from the French men On the other side the Pope whose thoughts were wholly bent to make an Italian Lord of that State and therefore proposed the warre of Germanie not so much to suppresse the Lutherans as hee said openly as to diuert Caesar from possessing Milan which was his principall end though secret replyed that himselfe and the Venetians what by armes and what by treaties would more easily make the King desist in case his Imperiall Maiestie did not meddle The Emperour hauing discouered the inward thoughts of the Pope The Pope and Emperor haue contrary ends and dissemble one with another with as much dissimulation made shew hee was perswaded and inclined to the warre of Germanie yet hee said that it was fit to iustifie the cause well that the whole world might not be against him and to shew by intimating a Councell that hee had first vsed all other meanes The Pope was not sory that being necessarily to intimate a Synode it should be done in a time when in regard the French King had inuaded Sauoy and Piemont all Italy would bee set on fire with warre whereby an apparent pretence was giuen him to enuiron the Councell with armes vnder colour of custody and protection He The Emperor is puffed vp with the African victorie shewed himselfe to bee contented so that such conditions were set downe which might not derogate from the authority and reputation of the Apostolique Sea The Emperour who by reason of the victory atchieued in Africa was lifted vp in minde and swollen with vast thoughts beleeued hee should make an end of the warre in Lombardy within two yeeres at the most and that hauing immured the King of France beyond the mountaines hee might apply himselfe to the affaires of Germany without any impediment His meaning was the Councell should serue him for two things First to bridle the Pope in case during the warre of Italy hee should according to the custome of other Popes put himselfe on the French side when that should bee the weaker to counterpoise him that was victorious Secondly to reduce Germany to his obedience which was the marke he shot at But for the Popes obedience hee esteemed it but an accidentall thing For the place Mantua pleased him and for the rest hee cared not what condition the Pope might adde considering that when the Councell were assembled he should be able to change whatsoeuer pleased him not Therefore he concluded that he was contented with any condition so that the Councell might bee celebrated alledging that he hoped to perswade almost all Germanie to consent vnto it Wherefore the resolution was established by the Pope and the whole colledge of Cardinals A resolution established for calling the Councell Therefore the Emperour entering into the publike
patience because another was in fault and not himselfe and because hee could not resolue so suddenly vpon a conuenient Citie hee deserred the celebration thereof vntill the first of Nouember the same yeere At that time the King of England published a manifest in his owne name and of his nobilitie against the Popes Conuocation as by a person that had no power in a time when Italie was set a fire with warre and in a place not secure adding that hee much desired a Christian Councell but that to The King of England opposeth the Councel by a publique manifest the Popes he would neither goe nor send Ambassadours hauing nothing to doe with the Bishop of Rome or his Edicts more then with the edicts of any other Bishop That the auncient Councels were called by the authoritie of Kings which custome ought now the rather to be renewed because the defect of the Court of Rome are called into question That it was not vsuall with Popes to breake their faith which himselfe had more cause to consider then others beeing most bitterly hated by him for hauing denyed him authoritie in his Kingdome and the reuenew which was payd him That to blame the Prince of Mantua because hee will not receiue so many people into his Citie without a garrison is to mocke the world as also to prorogue the Councel vnto Nouember not saying in what place it shall be celebrated And if the Pope choose the place without doubt it will be in his owne State or of some Prince that is obliged to him Therefore it being impossible that any man of iudgement should hope for a true Councel the best way was for euery Prince to reforme Religion at home concluding in the end that if any man could giue him better directions hee would not refuse to follow them The care of reforming the Court was committed to 4. Cardinals but nothing was done which made the Italians suspect the Popes actions In Italy also there was a generall disposition to interpret the Popes actions in the worser sense and it was spoken freely that though the Duke of Mantua were blamed yet he was not the cause why the Councell was not called whereof there was a manifest argument because the Pope had published a Bull for reformation of the Court and committed the care thereof to foure Cardinals at the same time which notwithstanding was buried in silence though neither the Duke nor any bodie else hindered it from beeing in his power and hauing proposed it immediately after it was assumed to the Papacie it was not so much as spoken of for three yeeres after The The reformation is set on foot againe Pope to withstand these defamations resolued to set the businesse on foote againe first reforming himselfe the Cardinals and the Court that none might obiect against him nor make bad construction of his actions and he elected foure Cardinals and fiue other Prelates whom he so much esteemed that the yeere following hee made foure of them Cardinals giuing charge to those nine to collect the abuses which deserued amendment and withall to adde the remedies by which they might quickly and easily be remooued and to reduce all to a good reformation The Prelates made the collection as the Pope commanded and committed it to writing The fountainâ— of the abuses of the Court. In the beginning they proposed for the fountaine and source of all the abuses the Popes readinesse in giuing eare to flatterers and his facility in dispensing with Lawes with neglect of the Commandement of Christ not to receiue gaine for spirituall things And descending to particulars they noted twenty foure abuses in the administration of Ecclesiasticall matters and foure in the speciall gouernment of Rome they touched the ordination of The particular abuses Cleargie men Collation of Benefices Pensions Permutations Regresses 1538 PAVL 3. CHARLES 5. HENRY 8. FRANCIS 1. Reseruations Pluralitie of Benefices Commendoes Exemptions deformation of the regular order ignorance of Preachers and Confessors libertie of printing pernicious Bookes the reading of them toleration of Apostates Pardoners And Passing to dispensations first they touched that for mariage of those that are in orders for marriages in degrees forbidden dispensations granted to Symoniacall persons facilitie of graunting Confessionals and Indulgences dispensation of vowes licence to bequeath by will the Church-goods commutation of wils and testaments toleration of harlots negligence of the gouernement of hospitals and such other things which they exactly handled expounding the nature of the abuses the causes and originall of them the consequences of the euils which they carry with them the meanes to redresse them and to keepe hence forward the body of These things are set downe at large in the 12. Booke of Sleidan the Court in Christian life a worke worthy to be read and which deserued to be set downe word by word if it had not beene too long The Pope hauing receiued the relation of these Prelats caused many Cardinals to consider of it and after that he might resolue what to doe proposed it in the Consistory Fryar Nicholas Scomberg a Dominican Cardinall of S. Sistus alias of Capua shewed in a long discourse that that time comported The Cudinall of S. Sistus would haue no reformaton at al made not any reformation at all First hee put them in mind of the malice of man which being stopped in one course findeth a worse and that it is better to tolerate a knowen euill which because it is in vse is not so much marueyled at then by redressing that to fall into another which being new will appeare greater and be more reprehended Hee added that it would giue occasion to the Lutherans to bragge that they had inforced the Pope to make that reformation and aboue all he considered that it would bee a beginning to take away not onely the abuses but the good vses also and to endanger the whole state of religion For by the reformation it would be confessed that the things prouided against were deseruedly reprehended by the Lutherans which would be a great abetting to their whole Cardinall Caraffa desireth the reformation doctrine On the other side Iohn Peter Caraffa Cardinal Theatino shewed that the reformation was necessarie and that it was a great offence to God to leaue it and answered that it was a rule in Christian actions that as euill is not to be done that good may follow so no good of obligation is to be omitted for feare that euill may ensue The opinions deliuered were diuers The Pope comandeth the remonstrance of the Prelats to be concealed but a copie of it is sent into Germany by Cardinall Scomberg The King of Denmarke becommeth a Protestant and the finall conclusion was not to speake any more of it vntill another time and the Pope commanded that the remonstrance of the Prelats should be concealed But Cardinall Scomberg sent a copie thereof into Germanie which some thought was done
iusticed they should doe their businesse with too much feare Notwithstanding the Pope forsooke not his resolution but found a temper neuer vsed by any of his predecessors to lift vp the thunderbolt with his hand and to threaten to shoote yet to hold it without flinging it abroad and so to satisfie the Cardinals the Court and others and not to put the Papal authoritie in hazard Therefore he framed a Processe and most seuere sentence against that King the thirtieth of August 1535. and withall suspended the publication during his pleasure Yet secretly he let the copie goe into the hands of some that hee knew would cause it to bee deliuered to the King dispersing the rumor of the Bull that was framed and the suspension with fame that very suddenly hee would remooue the suspension and come to publication yet with deseigne neuer to proceede so farre And though hee wanted not hope that the King either for feare of the excommunication framed or by the inclination of his people or by the satietie of punishments vsed against those that disobeyed his Decree would induce himselfe or by the mediation of the Emperour or French King when by reason of the occurrences of the world hee should bee constrained to vnite himselfe with either of them would bee induced to yeeld yet he was principally mooued by the forenamed cause that he might not shew the weakenesse of his weapons and more confirme the King in his separation But in the end of three yeeres hee changed his purpose by reason of the prouocation which the King seemed to vse against him by sending out manifests against all his callings of the Councell and by opposing his actions though without particular offence of his person and lastly by hauing prosecuted cited condemned S. Thomas of Canterbury for a traitour to the The King of England senteneeth S. Thomas Bec 〈…〉 kingdome with confiscation of goods whom Alexander the third canonized in the yeere 1171. for being slaine in defence of the Ecclesiasticall power and liberty whose solemne feast the Church of Rome doth annually obserue which sentence was executed by taking the bones out of the graue which were publikely burned by the hangman and the ashes sprinkled in the riuer putting his hands into the treasures ornaments and reuenues of the Churches dedicated to him which was to touch a secret of the Popedome of farre greater importance then the matter of the Councel Whereunto ioyning some hope which hee conceiued from the conference with the French King which was that he would assist the malecontents of England so soone as hee was free from the warres with the Emperour the 17. of December he brandished the thunder-bolt of excommunication made three yeeres before and opened his hand to cast it forth which all this while was readie to doe it The causes alleadged were in substance these The diuorce obedience The causes of the excommunication and the punishments taken away the death of the Cardinall of Rochester and the proceeding against S. Thomas The punishments to the King were depriuation of his Kingdome and to his adherents of whatsoeuer they possessed commanding his Subiects to denie him obedience and strangers to haue any commerce in that kingdome and all to take armes against and to persecute both himselfe and his followers granting them their states and goods for their prey and their persons for their slaues But how much the Popes Briefe was esteemed and his commandements The excommunication was generally contemned obserued the leagues confederations peaces treaties which by the Emperour French King and other Catholique Princes were made with that King doe euidently declare In the beginning of the yeere 1539 new controuersies being raised in 1539 Germanie about religion and perhaps by men ofbad intentions who vsed it but for a pretence there was an assembly held in Francfurt whither the An assembly is helde in Francfurt about religion Emperour sent a commissioner and after long disputation there it was by his consent concluded the 19. of April that there should bee a conference in Noremberg the first of August to create quietly and louingly of Religion 1539 PAVL 3. 1. C 〈…〉 15. HENRY 8. 3. F 〈…〉 where on the one side and the other besides the Doctors other persons of wisedome were to be present sent by the Emperour King Ferdinand and other Princes to superintend at the colloquie and deale betweene the parties and what was determined by common consent should be signified to all the orders of the Empire and ratified by the Emperor in the next Diet. The Catholikes would haue the Pope intreated to send also some person to the conferent 〈◊〉 but the Protestants thought it contrary to their protestation and therefore it was not done This newes of the assembly being arriued at Whereat the Pope was much offended Rome the Pope was offended as well because there should be a treatie about Religion in Germanie as because it derogated from the credit of the Councell intimated though hee cared very little to haue it celebrated and more particularly because there was a dispute to admit of one to bee sent by him and in the end his authoritie wholly reiected Therefore hee suddenly dispatched into Spaine the Bishop of Monte Pulciano whose principall message was to perswade the Emperour not to confirme yea rather to annihilate the Decrees of that Diet. The Nuncio had a great and long instruction first to complaine grieuously He sendeth a Nuncio to the Emperor of the demeanor of Iohn Vessalius Archbishop of London his Commissary who forgetting his oath made to that Sea and infinite Benefits receiued from the Pope and the instruction giuen him by the Emperour had consented to the demands of the Lutherans with preiudice of the Apostolique Sea and dishonour of his imperiall Maiestie That London was corrupted with gifts and promises the Citie of Ausburg hauing giuen him 250. thousand Florins of gold and the King of Denmarke promised him 4. thousand Florins yeerely out of the fruits of his Archbishoprique of London which was taken from him That he thought to take a wife and forsake the Church A Citie in Denmarke and had neuer entred into holy orders The Nuncio had commandement to shew to the Emperour that if the things which London had graunted were confirmed by him they would shew that hee was not a sonne of the Apostolique Sea and that all the Catholique Princes of Germanie complained thereof and were of opinion that his Maiestie would not confirme them Hee gaue order also to propose vnto him his interests concerning the Dutchie of Ghelderland and the election of the King of the Romans to moue him the more putting him also in minde that hee could not haue Germanie at his disposition by tolerating the Lutheran heresies as London and others did perswade For it is a thing long since knowen that principalities cannot in likelihood be preserued where Religion is lost or where two religions are suffered
laboured to incite the Pope against him and to haue money from him for the warre The Pope seruing himselfe vpon this occasion was wholy set vpon the gaining The Pope seeketh to gaine Milan of Milan for his Nephewes wherein hee was assisted by Margarite bastard daughter to the Emperour married to Octauius Farnese the Popes Nephew and in that respect made Dutchesse of Camerino The Pope promised the Emperour to combine with him against the French King to make many Cardinals of his nomination to pay him for some yeeres 150000. crownes leauing also in his hands the Castles of Milan and Cremona But because the Imperialists required a million of ducats for the present and another million vpon short dayes of payment nothing could bee concluded and in regard the Emperour could not longer tarrie it was agreed to continue the treatie by meanes of the Popes Ministers who should follow the Emperour Caesar shewed he was satisfied with the Councell that by the sending of Legats and assistance of those few Prelats the Catholiques of Germany at the least had knowen his ready mind and because the impediments might be imputed to the French King he concluded that the remedie He mistrustes the Emperour and turneth to the French King was not to be thought vpon vntill it did appeare how the warre proceeded They parted with great demonstrations of mutuall satisfaction yet the Pope mistrusted the Emperour and from that time turned his mind toward the French King But while he was thus doubtfull the league betweene the Emperour and the King of England against France was published which constrained the Pope wholly to alienate himselfe from him For hee saw how much that league preiudiced his authoritie being contracted with one excommunicated anathematized by him cursed destinated to eternall damnation a schismatique depriued of his Kingdome and dominions whose confederation A league betweene the Emperour and King of England made with whom soeuer was void against whom also all Christians Princes were bound by his commandement to take armes and which most imported that still remaining more contumacious and openly despising his authoritie The Pope was much offended with the league this euidently shewed to the world that the Emperour bare no respect vnto him neither spirituall nor temporall and gaue example to all to make no account of his authoritie And the affront seemed to him the greater because Clement who might easily haue temporized in that cause to please the Emperour and for his interests had proceeded against that King who otherwise was well affected and deserued well of the Apostolike Sea To weigh downe these offences the Pope put in the other ballance that the French King had made so many lawes and edicts before named to preserue religion and his authoritie Vnto which was added that the Parisian Diuines the first of August assembling the people by the sound of a Trumpet published fiue and twentie heads of Christian doctrine proposing the bare conclusions and determinations without adding reasons perswasions or grounds but onely prescribing as it were by authoritie what they would haue beleeued which were printed and sent through all France confirmed by the Kings letters vnder most grieuous punishments against whosoeuer spake or taught other wise with another new Decree to make inquisition against the Lutherans These things the rather pleased the Pope because he knew the King did them not so much for the reason related before that is to iustifie himselfe to the world that hee made not warre with the Emperour to fauour the Lutherans doctrine nor to hinder their extirpation but principally to please him and for reuerence of the Apostolicall Sea But the Emperour knowing the Popes complaints answered that the The Emperors answere to the Popes complaints French King hauing made a League with the Turke to the preiudice of Christians as the siege of Nizza in Prouence made by the Ottoman Armie guided by Polinus the Kings Abassadour and the spoiles taken in the riuers of the Kingdome well shewed it was lawfull for him to vse for his defence the helpe of the King of England a Christian though he acknowledge not the Pope as also by the same Popes leaue himselfe and Ferdinand vsed the assistance of the Protestants more auerse from the Apostolike Sea then that King that the Pope vnderstanding the League of the French King with the Turke should haue proceeded against him But hee saw well what difference was made For the Turkisharmie which had so much damnified all the Christians wheresoeuer it went passed friendly by the Popes riuers yea going to Ostia to take in the fresh water on S. Peters day at night for which all Rome was in confusion the Cardinall of Carpi who commanded in the Popes name that was absent put them out of feare being secure by the intelligence which he had with the Turkes The warre and these complaints put to silence the treaties about the 1544 PAVL 3. 〈◊〉 CHARLES 〈◊〉 HENRY 〈…〉 FRANCIS 〈◊〉 councel for this yeere which the next 1544 returned into the field began in the Diet of Spira where the Emperour rehearsing the paines which he formerly took to remedy the discords in religion finally the care diligence vsed in Ratisbon be put them in mind how it not being then possible to compose the controuersies all was finally referred to a general or National Councel 1544. The treaty a 〈…〉 both the Couâ—cell began againe in the Diet of 〈…〉 or a Diet and that afterwardes the Pope at his instance had intimated the Councel where himself resolued to be in person would haue performed it if the war of France had not hundered him But now in regard the discord in religion remaineth the same is accompained with the same inconueniences it is not time to deferre the remedy any longer for which he gaue order they should consider and propose to him what way they thought to be best The businesse of religion was much considered on But because the affayres of the warre pressed them more it was referred to the Diet which was to bee celebrated in December and in the meane space a Decree was made that the Emperour should giue charge to some honest and learned men to write a forme of reformation and that all the Princes should doe the same that all being conferred together that might bee determined in the Diet by common consent which was to be obserued vntil the future generall Councell to be held in Germany or vntill a Nationall In the meane space that all should remaine in peace without raising any tumult for Religion and the Churches of the one and the other should enioy their goods This Recesse did not generally please the Catholikes but some of them because they inclined to the Protestants opinion approoued this middle way Those that were not contented seeing their number to be small resolue to endure it But the warre went on still and the Popes disdaine conceiued for the league with
the people to nothing but to giue money The onely remedie for these disorders is to take away all the priuiledges and to restore to the Bishops the charge to teach and preach and to elect those for their fellow labourers whom they shall know worthy of that ministery and disposed to exercise it with charity On the contrary side the Generals of the Regulars and others saide An Apologie of the regular orders that the Bishops and Curates hauing wholly abandoned the office of a Pastour so that for many hundreds of yeeres the people remained without Sermons in the Church and without the doctrine of Diuinitie in Schooles God had raised the begging orders to supplie these necessary ministeries into which notwithstanding they intruded not themselues but entred by the graunt of the Supreame Pastour vnto whom it principally appertaining to feede all the flocke of CHRIST it cannot bee saide that men deputed by him to supplie the defects of him that had the care of the flocke and did aband on it haue vsurped the office of another But it may bee say de that if they had not vsed that charitie there had now remained no signe of Christianitie Now that they haue applyed themselues more then three hundred yeeres to that holy worke with such fruit as appeareth they haue prescribed those functions and made them their owne by a lawfull title giuen by the chiefe Pastour the Bishop of Rome and that the Bishops haue no lawfull right vnto them nor can alleadge the vse of antiquity to regaine that office which so many hundred yeeres since they haue forsaken That they haue a desire of gayning for themselues or their Monasteries is a meere calumnie because the almes are gathered onely for their necessary foode and apparell and the residue being spent for the worship of God in masses buildings and ornaments of Churches turneth to the benefit and edification of the people and not to their owne profit that the seruices done by their orders to the holy Church and doctrine of Diuinitie which is no where to bee found but in their Cloisters deserue the continuance of that charge which others are not able to exercise The Legates importuned by both parties by the Councell of their most The Legats relate this difference to Rome and expect an answere inward friends resoluted to relate to Rome and expect an answere The Pope referred it to the Congregation where presently it was seene whither the pretence of the Bishops tended that is to make themselues so many Popes in their Diocesses For when the Popes priuiledge and exemption should bee remooued and euery one should depend on them and none on the Pope all cause of going to Rome would cease They considered that the Popes The Deputies in Rome take part with the Mendicants for reasons of Policie haue anciently had for a principall secret to preserue the Primacie giuen them by CHRIST to exempt the Bishops from the Arch-bishop the Abbats from the Bishops and so to oblige men to defend him That it is a cleere case that after the sixe hundredth yeere the Primacie of the Apostolike Sea hath beene vpheld by the Benedictine Monkes exempted and after by the Congregations of Clunie and Cistercium and other monasticall assemblies vntill God raised the Mendicant orders by which it hath beene maintained vntill now Wherefore to take away their priuiledges were directly to oppugne the Papacie and not those orders to remooue the exemptions were a manifest depression of the Court of Rome because they should want meanes to keepe a Bishop within compasse that hee exalt not himselfe too high Therefore that the Pope and Court were compelled by necessitie to maintaine the Friars cause But to doe these things smoothely they considered also that it was necessary to conceale this reason and they resolued to answere the Legates that by all meanes they should preserue the state of The Popes answere the Regulars and cause the Bishops to surcease setting before them the excessiue number of the friars and the credit which they haue with the people and aduise them to take a moderate course and not make a Schisme by desiring too much That it was iust they should receiue some satisfaction but they should also bee content to giue it and when they came to the point they should grant any thing concerning the Pardoners but should doe nothing concerning the Friars without communicating it to the Generalls and should giue the Bishops some satisfaction which might not take away the priuiledges That they should doe the like for the Vniuersities because it was necessary that both these and those should depend on the Pope and not on the Bishops After these letters came to Trent those of the Councell had three diuers endes For the other particulars proposed in these two matters by those who were not interested either to fauour or disfauour the exemptions were but little considered of For the Lectures some proposed the restitution of the ancient vse when Monasteries and Canons cloisters were but Colledges and Schooles Whereof some remainder appeareth in many Cathedral Churches where there is the dignitie of a Schooleman Head of the readers with a Prebend These men now doe not performe the duetie and indeede are vnable All thought it honest and profitable to restore the Diuinitie Lecture in Cathedral Churches and Monasteries For the former they thought it easie to make prouision by committing the care of the execution thereof to the Bishops but for the latter very difficult The Legates opposed the Superintendencie of Bishops euen in this also though it were ouer Monkes onely not Mendicants for feare of leauing a gate open to them to meddle with priuiledges granted by the Pope But Sebastianus Pighius Auditor of The inuention of the Auditor of the Rota the Rota found a temper for this that the superintendencie should be giuen to the Bishops as Delegates of the Apostolique Sea The inuention pleased because it was in fauour of the Bishops without derogation of the priuiledge for the Bishop was to superintend not as Bishop but as the Popes Delegate And this gaue a paterne to accommodate other difficulties one in giuing authoritie to the Metropolitans ouer Parishes vnited to Monasteries not subiect to any Diocesse another in giuing power to Bishops ouer exempted Preachers who faile and serued also very much in the Decrees of the Sessions that were after The Canonists proposed that the Schoole subtiltie was not fit in these Politique reasons to vphold the Popes authoritie times and that it beseemed rather naturall things and Philosophie that these new Lectures should bee introduced to handle the Sacraments and the authority of the Church as Turrecremata Augustinus Triumphus after them S. Antoninus and others haue done with great fruit But the Fryars contradicting and opposing that this doctrine was as necessary as that they found a temper and ordered that the Lecture should bee for exposition of the Scripture and that the matter
head inueighed seuerely against the Canons and wrote vnto them reprehending them for introducing a dangerous nouitie without reason or example of antiquitie that there want not places to praise the Virgin who cannot be pleased with a presumptuous nouitie mother of rashnesse sister of superstition daughter of lightnesse The next age had Schoole-Doctors of both the orders Franciscan and Dominican who in their writings refuted this opinion vntill about the yeere 1300. when Iohn Scot a Franciscan putting the matter into disputation and examining the reasons did flie to the omnipotencie saying that God had power to free her from sinne or to cause sinne to remaine in her onely for an instant or for a certaine time that God onely knoweth which of these three is true yet it is probable to attribute the first to Marie in case it bee not repugnant to the authoritie of the Church and of the Scripture The doctrine of this famous Diuine was followed by the Franciscan order But in the particular of the conception seeing the way layd open they affirmed absolutely for true that which hee had proposed as possible and probable vnder this doubtfull condition if it bee not repugnant to the Orthodoxe Faith The Dominicans did constantly resist and followed Saint Thomas one of their order famous for his learning S. Thomas is canonized by Pope Iohn the 22 to disgrace the Franciscans and for the approbation of Pope Iohn the two and twentieth who to depresse the Franciscans who did for the most part adhere to the Emperour Lewis of Bauaria excommunicated by him did canonize that Doctour and his doctrine The shew of pietie and deuotion made the Franciscan opinion generally more accepted and more tenaciously receiued by the Vniuersitie of Paris which was in credite for eminent learning and after long ventilation and discussion was afterwards approoued by the Councell of Basill which forbade to preach and teach the contrarie This tooke place in those Countreys which receiued the Councell Finally Pope Sixtus the fourth a Franciscan made two Bulles in this matter one in the yeere one thousand foure hundred seuentîe sixe approouing a new Office composed by Leonard Nogarola Protonotarie with Indulgences to him that did celebrate it or assist the other in the yeere one thousand foure hundred eightie three condemning the assertion as false and erronious that it is heresie to hold the conception or a sinne to celebrate it excommunicating the Preachers and others who noted that opinion of heresie or the contrarie because it was not as yet decided by the Church of Rome and the Apostolike Sea But this did not appease the contentions which betweene the two orders of Friars still waxed sharper and were renewed euery yeere in December so that Pope Leo the tenth thinking to giue a remedie by deferring the controuersie made letters bee written vnto diuers But afterwards he had more important cogitations by reason of the nouities of Germanie which in these contentions wrought that which happeneth in States that the Citie being beleaguered the factions doe cease and all ioyne against the common enemie The Dominicans grounded themselues vpon the Scripture the doctrine of the Fathers and the most ancient Schoole-men where not one iot was found in fauour of the others but they alleadged for themselues miracles and contentment of the people Iohn of Vdine a Dominican Friar sayd either you will that Saint Paul and the Fathers haue beleeued this exemption of the Virgine from the common condition or not If they haue beleeued it and yet haue spoken generally without euer making mention of this exception imitate them also now But if they haue beleeued the contrarie your opinion is a nouitie Ierolamus Lombardellus a Franciscan Friar sayd that the authoritie of the present Church was no lesse then that of the Primitiue if the consent of that in those times made men speake without exception the consent of this which appeareth in celebrating the Feast throughout ought to induce vs not to omit it The Legate wrote to Rome of the marueilous agreement of all against the Lutheran doctrine and the resólution taken to condemne it and sent a copie of the Anathematismes framed giuing aduise withall of the contention raised about the conception Whereunto it was answered from Rome that by no meanes they should meddle with a matter which may cause a schisme betweene Catholikes but should striue to reconcile the parties and giue The Pope commandeth that the contention about the conception should be omitted for feare of making a schisme them both satisfaction and aboue all to preserue in strength the briefe of Sistus 4. The Legates hauing receiued the order did by themselues and by the wiser sort of Prelates perswade both parties to lay aside the contentions and apply themselues ioyntly against the Lutherans They were on both sides contented to be silent so that their opinion were not preiudiced yet the Franciscans said that the Canon was against them if the Virgin were not excepted and the Dominicans that they were condemned if shee were It was necessary to finde a way how it might bee declared that shee was neither comprehended nor affirmatiuely excepted which was by saying they had no intention either to comprehend or except her Afterwards at the great instance of the Franciscans the others were content it should bee sayd onely they had no meaning to comprehend her And to obey the Pope it was added that the constitutions of Sistus 4. should be obserued While these things are handled in Trent the Diet being assembled in Ratisbon The Diet of Ratisbon the Emperour shewed great displeasure that the Colloquie was dissolued without fruit and required that euery one should propose what hee thought fit to appease Germanie The Protestants desired that the difference of Religion might bee composed according to the Recesse of Spira by a nationall Councell saying it was more fit then a generall because by reason of the great difference in opinions betweene Germanie and other Nations it is impossible to auoyde the raising of a greater contention and whosoeuer will enforce Germanie to change opinion must first slay many thousands of men which would be a dammage to the Emperour and a ioy to the Turkes The Emperors ministers answered that his Maiestie was not the cause why the Decree of Spira was not executed and that it was knowen vnto all that to make so necessarie a peace with the French King hee was constrained to yeeld to the Pope in matters of Religion that the Decree was fitted to the necessities of that time which being changed it was also necessarie to change opinion that in National Councels somtimes maners are amended but Faith and Religion neuer handled that in Colloquies one hath to doe with Theologues who for the most part are vntractable obstinate so that with them one cannot come to such moderate counsels as is necessary that none loued Religion more then the Emperor who would not swarue one iote from that which
perseuere without the speciall assistance of GOD or cannot with it 23. That the iust cannot sinne or can auoyde all veniall sinnes without a speciall priuiledge as the Church holdeth of the Virgin 24. That iustice is not preserued and increased by good workes but that they are fruits onely or signes 25. That the iust sinneth mortally or venially in euery worke 26. That the iust ought not to expect a reward for his good workes 27 That there is no mortall sinne but infidelity 28 That grace being lost faith is lost also or that the faith remayning is not true nor of a Christian 29 That man sinning after baptisme cannot be lifted vp by the grace of God or may recouer it by faith onely without the Sacrament of penanace 30. That euery fault and punishment is wholly remitted to euery penitent man there remaning no temporall punishment to bee indured in this life or in Purgatorie 31. That the iust sinneth if hee doe good onely in hope of an eternall reward 32. That the good workes of the iust are the gifts of God and are not withall the merits of the iustified 33. That this doctrine is derogatory to the glory of God and merits of CHRIST or that their glory is not made more illustrious by it When I had made this short narration of the Decree I began to thinke it superfluous seeing all the decrees of that Councel are printed in one volume The authors reason why he rehearseth the decrees though they be printed in a volume apart and in euery mans hands and that in the composition of the Actes that follow I might referre my selfe to that booke and I was about to teare this leafe But considering that some might desire to reade the whole continuation in one booke only and that if any thought it better to see the originall hee might omit this mine abbreuiation I resolued not to change but to obserue the same stile in the matters following and the rather because I am grieued when in Zenophon and Tacitus I see the narration of things most knowen to their times omitted which remaineth vnknowen to mee because there is no meanes to know it againe and I hold it for a maxime that one ought neuer to referre himselfe to another Therefore I come to the summe of the Decree of reformation Which did containe in substance 1. That the Synod being willing to The Decree of reformation amend the depraued manners of the Clergie and people thought fit to begin with the gouernours of the greater Churches Therefore trusting in God and his Vicar on earth that that charge shall be giuen to worthy men exercised from their youth in Ecclesiasticall discipline it doth admonish them to performe their duety which cannot bee executed without residing in the place where it is to bee done Yet many leauing the flocke and care of the lambes wander in Courts and apply themselues to secular businesse Therefore the Synod doth reuiue all the ancient Canons against non-residents and doth constitute besides that euery gouernour of a Cathedrall Church of what title or preeminencie soeuer who shall remaine sixe moneths together out of his Diocesse without a iust and reasonable cause shall lose the fourth part of the reuenues and if he perseuere sixe moneths more shall lose another fourth part and the contumacie increasing the Metropolitane vpon paine of not entring into the Church for three moneths shall delate him to the Pope who by his supreame authoritie may inflict greater punishment or prouide the Church of a more profitable Pastor And if the Metropolitan shall likewise offend the most ancient Suffragan shall bee bound to denounce him 2. But others inferiours to Bishops tyed to residence either by law or custome shall be compelled thereunto by the Bishops abrogating euery priuiledge which giueth a perpetuall exemption from residing But dispensations granted for a time for a reasonable cause true and prooued before the Ordinary shall remaine in force and the Bishop as Delegate of the Apostolike Sea shall take care that a sufficient Vicar bee prouided for the charge of soules with a conuenient portion of the reuenues notwithstanding any priuiledge or exemption 3. Beside that no Clerke by personall priuiledge or regular dwelling out of the Monasterie by priuiledge of his order shall bee exempt from beeing punished if hee offend or visited or corrected by his Ordinary 4. Likewise that Chapters of Cathedrall and other Collegiate Churches shall not by vertue of exemption customes oathes and agreements bee freed from the visitation of their Bishops and greater Prelates when there shall be neede 5. In fine it did ordaine that no Bishop might exercise Pontificall actes in the diocesse of another by pretence of priuiledge without his leaue and The next Session to bee held the third of March. onely ouer his subiects And the day of the next Session was appointed the third of March. In Rome the Decree of faith ministred no matter of discourse in regard it was not new as well because it had beene seene and examined publikely as hath beene sayd as because all men knew that the Germane opinions were to bee condemned But the Court Bishops who had beene afraid a long time of the Article of residencie which was handled did rest content assuring themselues that the Decree of the Councell could worke no greater effect then the Popes Decretals had done before But the inferiour The inferiour Courtiers are discontented with the reformation Courtiers were discontented seeing the Bishop had power to compell them They lamented their owne misery who were to serue all their life to gaine their liuing and after so much paines taken for a reward must be confined in a village or by a base Canonry subiected to a greater slauery in obeying the Bishops who will not onely keepe them as it were tied to a stake but with visitations and pretence of corrections will bring them to a miserable subiection or hold them in perpetuall vexations and charge But elsewhere and especially in Germanie when the Decrees were seene The Decrees are censured in Germany that of faith was more spoken of which must bee read ouer and againe with much attention and speculation because it could not bee vnderstood without a perfect knowledge of the inward motion of the mind and without knowing in whom it is actiue in whom passiue things most subtile and for the diuers appearance they make euer accounted disputable all the doctrine of the Councel turning vpon this hinge whether the first obiect of the will worke vpon the will or the will vpon the obiect or whether they bee both actiue and passiue Some pleasant wits said that if the Astrologers not knowing the true causes of the celestiall motions to salue the appearances haue inuented Eccentriques and Epicicles it was no wonder if the Councell desiring to salue the appearances of the super-celestiall motions did fall into excentricitie of opinions The Grammarians did not cease to admire and scoffe
displeased with the answere giuen him that is that the Decrees made and to be made are receiued and that the manner vsed euer since the Apostles time is obserued That he will auoid all negligence in prouiding for the Church and if Caesar will be diligent let him keepe himselfe within the limits prescribed to him by the lawes and Fathers The functions of them both being distinct will be profitable to the Church And concerning the Translation whether it were lawfull or no he called the cause to him and deputed 4. Cardinals 〈◊〉 Burgâ—is Poole and Crescentius to heare it commanding euery one that vntill it was ended they should attempt no nouitie giuing the terme of a mo 〈…〉 to the Fathers of Bolonia and Trent to produce their reasons And he 〈…〉 ed this decree to be Written by the Secretary of the Consistory in the accustomed iudiciall forme of the Court inhibiting the Prelats of Bolonia and Trent to innouate any thing while the cause depended The Imperialists did laugh extreamely at the Popes distinction of protesting against the Pope and before him But Diego made a new Protestation saying hee had a speciall mandate from the Emperour to protest as he had done The Popes inhibition beeing receiued in Bolonia and no more assemblies of Bishops or Congregations of Diuines being made all departed by little and little except the Popes stipendaries who could not doe it with their honour Those of Trent mooued not according to the Emperours wil that Don Diegâ— makâ—th a new protâ—station they might keepe there some signe of the Councell and hold the Catholikes of Germany in hope and the Protestants in their dutie and that their promise to obey the Councel of Trent might not be voyd there being none at al. The Pope caused his answere giuen to Mendoza to come to the knowledge of the Fathers of Trent and expected fifteene dayes that some ouerture would be made by him of them that he should be Iudge as hee had desseigned But seeing nothing succeeded he wrote a Briefe to the Cardinall Pacceco The Pope wriâ—eth to the Fathers in Trent by way of câ—â—ation and to the Arch bishops and Bishops of Trent in manner of a citation in which hauing deliuered the causes which mooued him to intimate the Councell and the impediments and delayes which happened in calling it and the ioy he had to see it begun which was increased by the happie proceeding hoping that in a short time prouision would bee made against the euils of the Church hee added that he receiued as much sorrow from the contrary encounters so that vnderstanding the departure of his Legates and maior part of the Bishops from Trent some remayning still there hee was grieued for that it might hinder the progresse of the Councell and giue fcandall to the Church This being as well knowen to them as to him hee marueiled why if the Translation of the Councell seemed iust vnto them they went not in company with the others if vniust why they made not their complaint to him That it was a cleere case whereof they could not bee ignorant that they were bound to doe the one or the other either of which if it had beene embraced would haue taken away all occasion of scandal That he could not choose but write to theÌ„ with griefe that they were defectuous in the one or the other and that hee was sooner aduised by the Emperour of their complaints then by any of them so much as by letter or messenger and that for this negligence he had more cause to complaine of the Cardinall who was more obliged by reason of his Cardinalitie But because that which they should haue done was preuented by Caesar who hath complained by his Ambassadour that the Translation is void and vnlawfull he doth readily offer vnto them that which should not haue beene denied if they had made the case kowen that is to heare their complaints and take knowledge of the cause And though he ought to presuppose that the Translation is lawfull yet to doe the part of a iust iudge hee willingly offereth to heare them and their reasons which they shall bring to the contrary that herein hee would hold and esteeme of the Spanish Nation and of their persons not suffering the great presumtions to preuaile which ought to bee had against them Therefore hauing by aduise of the Cardinals called the cause of the Translation of the Councell vnto him and giuen commission to some of them to relate it in Consistory all that pretend interest being cited and the Prelates of Bolonia and Trent inhibited to attempt any thing while the cause dependeth as was contained in the writing whereof he sent them a copy desiring to conclude the cause as soone as may be he commandeth them that pretending the Translation to be of no force they send three at the least well instructed to assist in iudgement and to alleadge their pretensions and to render their presence as soone as may bee concluding that the presentation of the Briefe to the Cardinall or to two or three of them affixed at the Church doore of Trent shall bind them all as if it had beene personally Who answere thus intimated to euery one The Pope sent also to those of Bolonia to intimate the same Decree who sent immediatly to Rome But the Cardinall Pacceco and the other Spaniards in Trent who were in number thirteene hauing first sent to know the Emperours mindâ— answered the Popes letter the three and twentieth of March thus in substance That they trusted in his benignitie and wisedome which will easily know that in contracting the Translation in being silent in remayning in that Citie they thought of nothing lesse then of offending his Holinesse yea that the principall cause why they dissented was because a matter of so great weight was handled without his knowledge wherein also they desired that so small account should not be made of the Emperour That it seemed cleere to them that the Translation would not bee well expounded nor easily approoued by his Holinesse whom they prayed not to beleeue that the Emperour had preuented their complaint exacted by his Beatitude because they had complained first to him but that hee did it of his owne motion who thought the protection of the Church belonged to him that they should neuer haue thought that his Holinesse would haue desired to haue beene assisted by them to whom they beleeued an absolute account was giuen by his Legates in regard what they spake was in publike and written by Notaries that it seemed enough for them to deliuer their opinion and then to bee silent Therefore they did not beleeue their presence was necessarie in ought else That if there bee any defect yet their plaine meaning is cleare That they thought it enough to dissent from the Translation and for modestie and humilitie not to trouble his Holinesse whom they supposed would not bee wanting to performe what hee thought fit for
Councell of Pauia alone without the presence of any Prelate THE FOVRTH BOOKE OF THE HISTORY OF THE COVNCELL OF TRENT THe Legat and Nuncij being come to Trent accompanied The PresideÌ„es of the Councell and some Prelats striue in Trent with some Prelats who followed them from Rome and some other beeing arriued who hauing been 〈…〉 llcited by the Pope came thither a little after they assembled the foresayd day with the wanted Ceremonies in the vsuall place played within the Cathedrall Church which was not pulled downe where the Archbishop of Torre sang Masse and the Secretary read the Popes Bull of the Conuocation and the 〈◊〉 of the Presidents and hee that sayd Masse read the Decree interrogatorily Pleaseth the Fathers that according to the Popes letters the Councell of Trent should be resumed and prosecuted And all hauing giuen their voyces hee sayd againe Please it you that the next Session The next Session is appointed for the first of September be held the first of September next Whereunto all agreed And the Cardinall Prime President concluded by the consent and in the name of all the Synode that the Councell is begun and shall bee prosecuted Nothing else was done that day nor the next though the Prelats were often assembled in the Legats house because the Congregations had no forme there being no Diuines Onely the thing dispared in 〈◊〉 were read to make the deliberation of that winch was to bee handled more 〈◊〉 especially in matter of reformation which was esteemed to bee of the greatest moment In the ende of the moneth the Pope sent 〈…〉 to the The Pope sendeth a Nunciâ— to the Suisses Suisses who before had beene the Nuncio of Pope Paul to that nation principally to prouide that the French King might not haue Souldiers from them and to obtaine of them a leule the affaires of Parma And vpon that occasion hee wrote vnto them the seuen and twentieth of May that as hee had taken the name of Iulius the second so affectionate to them so hee would follow his example in louing them and vsing 〈◊〉 assistance which he had begun to doe by taking a guard of their Nation for the safety of his owne person and another for Bolonia Now the Councel being intimated and begun in Trent the first of May hee prayed them to send their Prelates against the first of September when the second Session shall bee held The French King sought to perswade the Pope by Termes his Ambassadour that hee had vpon good reasons taken vpon him the defence of The French King excuseth to the Pope his protection of Parma Parma praying him to bee contented with it and to shew him that doing otherwise and preferring warre before peace hee should not onely damnifie Italieâ— but hinder the prosecution of the Councell â—or cause it to dissolue And that though 〈◊〉 did not fall out yeâ— in regard no French Bishop could goe thither it could not with reason bee called a generall Councell The Pope offered to doe any thing elâ—e which the King should desire and after many discourses it beeing represented to him that the King could by no meanes retire and that in case his Holinesse would not bee neutrall but make himselfe the Emperours minister by whom the King was certaine that hee was guided his Maiestie would bee forced to vse those remedies of reason and fact which his ancestors haue vsed against partiall Popes the Pope grew angry or fained to be so and answered that if the King tooke Parma His Holinesse is angry from him hee would take France from the King and if the King did take from him his obedience hee would take from the King the commerce of all Christendome and â—he spake of force let him doe the worst he could if of Edicts and prohibitions and such things hee let him know that his pen paper and inke were not inferiour But though the Pope spake so high yet hee was afraid and therefore to excite the Emperour hee signified vnto him by his Nuncio the Bishop of Imola whome hee had sent in place of the Archbishop of Siponto all these discourses with the French and afterwards tolde him that in Rome there was doubt of another sacke in regard of so many rumours of the Turkes and French-men and feare of Nationall Councels Therefore there was neede of Armes to preuent these attempts and to defend themselues when neede required The King seeing it was impossible to perswade the Pope wrote a publike The French King maketh preparation for a Nationall Councel from which and from the protection of Parma he is disswaded by the Pope letter to all the Bishops of his Kingdome as well in France as elsewhere commanding them to bee at their Churches within sixe moneths and to put themselues in order there for a Nationall Councell and the letter was presented to those also who were in Rome neither durst the Pope hinder them for feare of doing them and his owne reputation more hurt But he sent Ascanius della Câ—rna his nephew into France to disswade the King from the protection of Parma to make him vnderstand that Octauius Farnese being his Vassall hee should by no meanes endure to be contemned by him in regard it would bee an eternall infamy and an example to others not to acknowledge him for Pope That his inclination to France and his Maiesty was great and his minde auerse from those who were emulous of him and that this is knowen to the whole world Yet the foresaid respect is so potent that if his M tie would not giue a remedy it were enough to make him cast himselfe into the armes of him that he would not His instruction also was that if the King would not be perswaded to this he should pray him to consider well how great inconueniences a Nationall Councell would draw after it and that it would be a beginning to giue his Subiects licence whereof hee would repent him and would presently cause this bad effect to hinder the generall Councell which would be the greatest offence could be done to God and the greatest damage to faith and the Church He prayed him to send an Ambassadour to Trent assuring him he should receiue all honour and respect from the Presidents and all the Prelats who were his Holinesse friends Wherunto if hee did not condescend but perseuere in maintaining the Edict hee should for taking away all scandall propose to him a temper to declare that his meaning was not to hinder the generall Councell by that Edict The King hearing the Ambassage shewed also that his honour did constraine But he continueth firme in his resolution him to continue the protection of the Duke and to maintaine the Edict but with such words as made it plaine hee was displeased with the distastes giuen him and that hee had a desire to right himselfe And to answere the Pope hee sent the Lord of Monluc the Elect of Bourdeaux to him not
and vnder their iudgement and hee wrote to those Priests who of their owne braine had reconciled some that they should giue an account to the people The goodnesse and charitie of the Bishops made their opinion for the most part to be followed and by little and little was cause that the Church charitie waxing colde not regarding the charge layd vpon them by CHRIST did leaue the care to the Bishop and ambition a witty passion which doth insinuate it selfe in the shew of vertue did cause it to be readily embraced But the principall cause of the change was the ceasing of persecutions For then the Bishops did eâ—ect as it were a tribunall which was much frequented because as temporall commodities so suites did encrease The iudgement though it were not as the former in regard of the forme to determine all by the opinion of the Church yet it was of the same sincerity Whereupon Constantine seeing how profitable it was to determine causes and that by the authoritie of Religion captious actions were discouered which the Iudges could not penetrate made a Law that there should lye no appeale from the sentences of Bishops which should bee executed by the secular Iudges and if in a cause depending before a secular tribunall in any state thereof either of the parties though the other contradict shall demand the Episcopall iudgement the cause shall be immediately remitted vnto him Here the tribunall of the Bishop began to be a common pleading place hauing execution by the Ministerie of the Magistrate and to gaine the name of Episcopall iurisdiction Episcopall audience and such like The Emperor Valence did enlarge it who in the yeere 365. gaue the Bishops the care ouer all the prizes of vendible things This iudiciall negotiation pleased not the good Bishops Possidonius doth recount that Austin being imployed herein sometimes vntill dinner time sometimes longer was wont to say that it was a trouble did diuert him from the things proper vnto him and himselfe writeth that it was to leaue things profitable and to attend things tumultuous and perplexed And Saint Paul did not take it to himselfe as being not fit for a Preacher but would haue it giuen to others Afterwards some Bishops beginning to abuse the authoritie giuen them by the law of Constantine that law was seuentie yeeres after reuoked by Arcadius and Honorius and an ordination made that they should iudge causes of religion and not ciuill except both parties did consent and declared that they should not be thought to haue a Court. Which law being not much obserued in Rome in regard of the great power of the Bishop Valentinian being in the Citie in that yeare 452. did renew it and made it to be put in execution But a little after some part of the power taken away was restored by the Princes that followed so that Iustinian did establish vnto them a Court and audience and assigned to them the causes of Religion the Ecclesiasticall faults of the Clergie diuers voluntary iurisdictions also ouer the Laitie By these degrees the charitable correction instituted by CHRIST did degenerate into domination and made Christians loose their ancient reuerence and obedience It is denyed in words that Ecclesiasticall iurisdiction is dominion as is the secular yet one knoweth not how to put a difference betweene them But S. Paul did put it when he wrote to Timothie and repeated it to Titus that a Bishop should not be greedy of gaine nor a striker Now on the contrary they make men pay for processes and imprison the parties as is done in the secular Court But the Westerne Countries being separated and an Empire made of Italy France and Germany and a kingdom of Spaine in these foure Prouinces the Bishops for the most part were made Counsellors of the Prince which by the mixture of spirituall and temporall charges caused their iurisdiction to encrease exceedingly Before 200. yeeres were past they pretended absolutely all iudicature criminall and ciuill ouer the Cleargie and in some things ouer the Laitie also pretending that the cause was Ecclesiasticall Besides this kinde of Iudicature they inuented another which they called mixt in which the Magistrate or the Bishop might proceed against the secular which of them tooke the cause in hand first whereby in regard of their exquisite diligence neuer leauing place to the secular they appropriated all vnto themselues and those which remained out of so great a number were comprehended in the end by a generall rule established by them as a ground of faith that euery cause is deuolued to the Ecclesiasticall Court if the Magistrate will not or neglect to doe iustice But if the pretensions of the Cleargie were contained within these bounds the state of Christian Common wealthes were tolerable The people and Princes when they saw it mount to these vnsupportable termes might with Lawes and statutes haue brought the iudgements to a sufferable forme as formerly vpon occasion hath beene done But that which put Christendome vnder the yoke tooke from it in the end all meanes to shake it from the necke For after the yeere 1050. all the causes of the Cleargy being appropriated to the Bishops and very many of the Laitie vnder title of spiritualitie and almost all the rest vnder the name of a mixt iudicature and placing themselues aboue secular Magistrates vpon pretence of iustice denied they came to say that the Bishop had that power to iudge not by the grant or conniuency of Princes or by the will of the People or by custome but that it was essentiall to the Episcopall dignitie and giuen to it by CHRIST And though the Lawes of the Emperours remaine in the Codes of Theodosius and Iustinian in the Capitulars of Charles the great and Lewis the Deboneere and others of later Princes of the East and West which doe all shew plainely how when and by whom this power hath beene graunted and all Stories as well Ecclesiasticall as prophane doe agree in declaring the same grants and customes adding the reasons and causes yet so notorious a trueth hath not had such power but that a contrary affirmation onely without any proofe hath been able to ouercome it which the Canonists haue so farre maintained as to publish those for heretikes who doe not suffer themselues to bee hoodwinckt And not staying heere they adde that neither the Magistrate nor the Prince himself can meddle in any of those causes which the Clergie hath appropriated because they are spirituall and of spirituall things the Laiques are vncapeable Yet the light of trueth was not so put out but that learned and godly men in those first times did oppose that doctrin shewing that both the Premisses of that discourse were false that the Maior that is that the Laiques are vncapeable of spiritual things was absurd and impious For they are adopted by the heauenly Father called the sonnes of God brothers of CHRIST partakers of the Kingdome of heauen made worthy of Diuine grace Of
liberty and the Protestant Preachers are recalled The Diet is deserted yeare in many parts betweene diuers Princes and Cities of the Empire But the Cities recalled their Preachers and Doctors of the Augustan Confession and restored the Churches Schooles and exercise of Religion and though in regard of the banishments and persecutions against the Doctours and Preachers there remained but few of them and those concealed vnder the protection of the Princes yet as if they had risen againe there wanted not to furnish all places The warre hindred the assembling of the Diet disseigned and deferred it from one yeere to another vntill February 1555. whereof wee will speake in the fit place THE FIFT BOOKE OF THE HISTORY OF THE COVNCELL OF TRENT THe Pope now freed from many cares by the dissolution of the Councell thought fit to preuent all occasions of relapse and proposed in Consistory the necessity to reforme the The Pope maketh a great shew that hee will reforme the Church Church He said he had reduced the Councel to Trent for this end which hauing not succeeded according to his desire in regard of diuers accidents of warre first in Italy then in Germany it was meete to doe that in Rome which in Trent could not be done Hee appointed therefore a great congregation of Cardinals and Prelates to consider of the businesse Hee sayd hee elected many that resolutions might bee more mature and haue greater reputation though his ende was thought to bee that by reason of the multitude more impediments might arise and so all might come to nothing And the euent was iudge For the Reformation was handled in the beginning with great heate afterwards it went on for the space of many moneths very coldly and at the last was buried in silence And the suspension of the Councell in The suspension of y e councel made for two yeeres lasteth ten stead of two yeeres did continue tenne verifying the maxime of the Philosophers that the causes ceasing the effects doe cease also The causes of the Councell were first the great instances of Germanie and the hope conceiued by the world that it would cure all the diseases of Christendome But the effects that were seene vnder Paul the third did extinguish The causes of the two Conuocations of the Councel the hope and shew to Germanie that it was impossible to haue such a Councell as they desired Of the second reduction of the Synode there was another cause which was the great desire of Charles the Emperour to put Germanie vnder his yoke by meanes of Religion and to make the Empire hereditarie by causing his sonne to succeede him and so to erect a Monarchie greater then any since the Roman euen then that of Charles the great For this the victories hee had obtained was not sufficient 1553 I 〈…〉 3. 〈…〉 CHARLES 〈…〉 EDWARD 〈…〉 HENRY 〈…〉 neither did hee thinke hee could supply what was wanting by new forces onely but supecting the people vnto him by Religion and the Princes by treaties hee had conceiued a vast hope to immortallize his name This was the cause why hee was so earnest with Iul 〈…〉 for the second Conuocation of the Councell and of his effectuall persâ—asions not to call them violent Charles vseth meanes to make the Empire hereditary to the three Electors to goe thither and to the Protestents with whom hee had power to send their Druines But while the Councell was celebrated Charles hauing put all Christian Princes in iealousie found the first encounters in his owne house For Ferdinand though hee seemed formerly to haue consented to make the Empire common to them both as it was to Marcus and Lucius with equall authority an example followed by Dioclesian and many others afterwards and then to labour that Philip should bee chosen King of the Romanes to succeed them wherein Charles had employed But cannot effect it his sister the Queene of Hungary to perswade him to it for the aduancement of their house yet better aduised by his sonne Maximilian hee began to change his opinion To effect this businesse already set on foote Philip was called by his father that hee might bee knowen to the Electors in the Diet of Ausburg in the yere 1551. which made Ferdinand retire himselfe the foresaid Queene to goe thither to make peace betweene the brothers But Maximilian fearing that his father out of his good nature would yeeld leauing the gouernment of the Kingdomes of Spaine which the Emperour had giuen him in the hands of his wife the Emperours daughter returned suddenly into Germanie by whose perswasions Ferdinand remained constant in his purpose and Charles had nothing from the Electors but good words By this opposition the Emperours edge was abated who sent his sonne backe into Spaine without hope euer to obtaine the consent of Maximilian And afterwards being compelled by the foresaid warre to make an agreement despairing of his sonnes succession he layd aside all thought of restoring the ancient Religion in Germany and by consequence all care of the Councel though he continued many yeeres after in the Empire And the Court did care for it as little because none did desire it But diuers accidents then happened Which causeth him to lay aside all care of Religion and of the Councel which though they seemed to make the suspension perpetuall yet in the secret prouidence of God did minister causes for the third Conuocation which the continuation of the story requireth should not bee passed ouer in silence in regard the knowledge of the causes doeth helpe much to penetrate the effects which happened after that the Councell was resumed The Pope seeing that the people of his obedience did not so much esteem him by reason of the alienation of Germany did imitate Eugenius the fourth 1553. who maintained the reputation which the Councell of Basill tooke from How y e Pope maintained his reputation him by a shew of Grecians and a shadow of Armenians and the late example of his predecessour Paulus 3. who when the contentions were hoâ—e betweene him and the Emperour for the translation of the Councell to Bolonia for which the people also did distaste him receiued with many ceremonies on Steuen by the name of Patriarke of Armenia the greater with one Archbishop and 2. Bishops who came to knowledge him for the Vicar of CHRIST and generall commander of the Church and to render him obedience According to these examples Iulius did receiue with much publike solemnitie one Simon Sulâ—akam elect Patriarke of all the people which are betweene Euphrates and India sent from those Churches to be confirmed by the Pope successour of Peter and Vicar of CHRIST Hee ordained him Bishop and gaue him the Patriarchall Robe with his owne hands in the Consistory and sent him backe to his home that the Churches might not suffer in his absence accompanied with some religious men who vnderstood the Syriaque tongue All the discourse was not
by Cardinall Dandinus the Popes Minister with himselfe that hee should not part out of Italie so soone saying that as yet an Apostolique Legate could not goe into England with honour But the Letter of Dandinus not taking effect and Poole beeing in his iourney as farre as the Palatinate hee sent Diego Mendoza to stop him by authoritie It seemed strange to the Cardinall and hee complayned that the Popes Legation was hindered with the damage of Christianitie and of the Kingdome of England and ioy of Germanie Therefore the Emperour not to giue so much matter of talke made him goe to Bruxels and entertayned him in Brabant vntill the marriage was ended and all things accommodated as hee would and for colour imployed him to treate a peace betweene himselfe and the French King In the beginning of the yeere 1554. the Emperour sent Ambassadours 1554. into England to make the conclusion and the Queene proceeding to fauour the olde Religion did the fourth of March publish other Lawes restoring the Latine tongue into the Churches forbidding married men to exercise holy Functions and giuing order to the Bishops not to make them sweare who were to bee receiued into the Clergie as Henrie had appointed that the King was supreme Head of the Church of England and that the Pope had no superioritie there but was Bishop onely of the Citie of Rome Shee ordayned also that the forme of Prayer instituted by Henrie where amongst other things God is prayed to deliuer that Kingdome from sedition conspiracie and tyrannie of the Pope should be razed out of all the Bookes of Rites and forbid to bee printed In April another Parliament was held in which consent was giuen to the contract of marriage where the Queene proposed the restitution of the Popes supremacie which shee could not obtaine because the Nobilitie did resist who considered not that they did vainely denie this demaund which was vertually contayned in their assent to the marriage Philip Prince of Spaine arriued The celebration of the marriage in England the eighteenth of Iuly and on Saint Iames day the Nuptials were celebrated and hee receiued the title of the King of Naples and did consummate the Matrimonie In Nouember there was a new Parliament in which Cardinall Poole was restored to his Honour and Countrey and two were sent to inuite and accompany him with whom hee passed into the Island and arriued at London the three and twentieth of Cardinall Poole commeth to London with the crosse carried before him And maketh an Oration in the Parliment Nouember with a siluer Crosse carryed before him At his first entrie into the Parliament hee made a discourse in English before the King Queene and Orders of the Kingdome Hee thanked them very much that hee was restored to his Countrey saying that in exchange he was come to restore them to the Countrey and Court of Heauen of which they were depriued by departing from the Church Hee exh 〈…〉 them to acknowledge the errour and receiue the benefit which God by his Vicar had sent them The discourse was very long and artificiall and the conclusion was that hee had the Keyes to bring them into the Church which they had shutte by making Lawes against the Apostolique Sea which when they did reuoke hee would open the doores vnto them The Cardinals person was well accepted and an apparant assent was giuen to his Proposition though the Maior part did secretly abhorre the qualitie of a Popes Minister and were grieued to come vnder the yoke againe But they had suffered themselues to bee carried so farre that they knew not how to returne The next day the re-vnion with the Church of Rome was decreed in The manner of the re-vnion with the Church of Rome Parliament and the manner was thus set downe That a Supplication should bee made in the Parliaments name wherein it should bee declared that they were very sorrie for hauing denyed obedience to the Apostolique Sea and for hauing consented to the Decrees made against it promising to endeuour heereafter that all those Lawes and Decrees should bee abolished and beseeching the King and Queene to intercede for them that they may bee absolued from the crimes and censures and receiued as penitent children into the bosome of the Church to serue God in obedience of the Pope and Sea of Rome The last of Nouember Saint Andrewes day their Maiestics the Cardinall and whole Parliament beeing assembled the Chancellour asked the generalitie whether they were pleased that pardon should bee demanded of the Legate and whether they would returne to the vnitie of the Church and obedience of the Pope supreme Head thereof and some saying yea and the others holding their peace a Supplication was presented to their Maiesties in the name of the Parliament which beeing publiquely read they rose to desire the Legate who mette them and shewed himselfe willing to giue them satisfaction and causing the authoritie giuen him by the Pope to bee read hee discoursed how acceptable to God the repentance of a sinner was and how the Angels did then reioyce for the conuersion of that Kingdome and all being on their knees imploring the mercie of God hee absolued them which beeing done hee went to the Church with all the multitude to giue thankes to God The next day an Ambassage was destinated to the Pope to render him obedience Ambassadors are appointed to goe to the Pope for which were named Anthony Browne Vicount Mountacute Thomas Thirlby Bishoppe of Ely and Edward Cerne who had formerly beene Ambassadour in Rome for Henrie the eight and was now to bee resident there againe in that charge Aduice heereof came to Rome For which Processions are made in Rome quickly for which many Processions were made not onely in that Citie but thorow out all Italic to giue thankes to God The Pope approoued what his Legate had done and sent a 〈◊〉 the foure and twentieth of December alleadging in the â—â—ll for a cause that like the Father of the familie hauing recouered his prodigall sonne it was meeâ—e that hee should not onely-shew â—othesticall ioy but generally inuite all to the same Iubilie and hee praysed and extolled the action of the King Queene and people of England The Parliament continued vntill the midst of Ianuarie 〈◊〉 and to the ancient Edicts of the Kings to punish heretickes and of the Iurisdiction of Bishops were renewed the Primacie and all prehertinences of the Pop restored all contrary Decrees made within twentie yeeres last past 〈◊〉 would Henrie as by Edward abolished the penall Lawes against heretickes reuiued and many were burned especially Bishops who would perseuere in the reformation abolished It is certaine that one hundred seuentie and sixe persons of qualitie were burned that yeere for Religion besides many of the common sort which gaue but little content to that people who also were displeased that Martin Bucer and Paulus Fagius dead foure yeeres before were cited and condemned as if
Many are burned in England for Religion they had beene liuing and their bodies digged vp and burned an action commended by some as a reuenge of what Henrie the eight had done against S. Thomas by others compared to that which the Popes Stephanus the sixth and Sergius the third did against the Corps of Pope Formosus Many also were at the same time burned in France for Religion not And in France also without the indignation of honest men who knew that the diligence vsed against those poore people was not for pietie or Religion but to satiate Which was done to satiate the couetousnesse of Diana Valentina the couetousnesse of Diana Valentina the Kings Mistris to whom he had giuen all the confiscations of goods made in the Kingdome for cause of Heresie It was wondred also that those of the new reformation should meddle with blood for cause of Religion For Michael Seruetus of Tarragona made a Diuine of a Physician renewing the old opinion of Paulus Samosatenus and Marcellus Anciranus that the word of God was not a thing subsisting and therefore that Christ was a pure man was put to death for Michael Seruetus is burned in Geneua it in Geneua by Counsell of the Ministers of Zuric Berne and Schiaffusa and Iohn Caluin who was blamed for it by many wrote a Booke defending that the Magistrate may punish Heretickes with losse of life which Doctrine being drawen to diuers sences as it is vnderstood more strictly or more largely or as the name of Hereticke is taken diuersly may sometime doe hurt to him whom another time it hath helped At that time Ferdinand King of the Romanes published an Edict to all The King of the Romanes publisheth an Edict against all innouation in Religion the people subiect vnto him that in points of Religion and Rites they should not innouate but follow the ancient customes and particularly that in the holy Communion they should bee content to receiue the Sacrament of bread onely Wherein though many persons of note the Nobilitie and many of the Cities made Supplication vnto him that at the least the Cup might bee granted them saying that the institution was of Christ which might not bee altered by men and that it was the vse of the old Church as was confessed by the Councell of Constance promising all submission and obedience in all other things praying him not to burthen their consciences but to accommodate his commandement to the orders set downe by the Apostles and of the Primitiue Church yet Ferdinand perseuered in his resolution and answered them that his commandement was not new but an ancient institution vsed by his Ancestors Emperours Kings and Dukes of Austria and that the vse of the Cup was a nouitie brought in by curiositie or pride against the Law of the Church and consent of the Prince Yet hee moderated the rigour of the answere saying that the question being of a point that concerneth saluation hee would thinke of it more diligently and answere them in fit time but that in the meane while hee expected from them obedience and obseruation of the Edict Hee published also a Catechisme the fourteenth of And a Catechisme August made by his authoritie by some learned and pious Diuines 1555 PAVL 4. CHARLES 5. MARY 〈◊〉 HENRY 2. Which gaue distaste to the Court of Rome commaunding all the Magistrates of those Countries not to suffer any Schoolemasters to reade any but that either in publique or in priuate because by diuers Pamphlets which went about Religion was much corrupted in those Countryes This constitution distasted the Court of Rome because it was not sent to the Pope to bee approoued by his authoritie nor came foorth in the name of the Bishop of the Countrey the secular Prince assuming the office to cause to bee composed and to Authorize Bookes in matter of Religion especially by name of Catechisme to shew that it belonged to the secular power to determine what Religion the people should follow and what refuse The two yeeres of the suspension of the Councell being expired they treated in the Consistorie what was fit to bee done For although the condition in the Decree was that the Councell should be of force againe when the impediments were remooued which did still continue by reason of the warres of Siena Piemont and others betweene the Emperour and the French King yet it seemed that any man of an vnquiet Spirit might say that those impediments were not sufficient and that it was vnderstood that the Councell was on foote againe so that to free themselues from those dangers it might be good to make a new declaration But wiser men It is resolued in Rome not to speak of the Councell though the two yeeres of suspension were ended gaue counsell not to mooue the euill while it was quiet while the world was silent while neither Prince nor People demaunded the Councell lest by shewing they were afraid they might excite others to require it This aduice preuayled and made the Pope resolue neuer to speake more of it In the yeere 1555. there was a Diet in Ausburg which the Emperour 1555. A Diet. 〈◊〉 had in Ausburg to compose the differences in Religion had intimated principally to compose the controuersies of religion in regard this was the fountaine of all the troubles and calamities of Germanie with the losse not onely of the liues of many thousands of men but of their soules also Ferdinand began the Diet in the Emperours name the fifth of Februarie where hee shewed at large the lamentable spectacle of Germanie in which men of the same Baptisme Language In which Ferdinand maketh an Oration and Empire were distracted by so various a profession of Faith there arising new Sects euery day which did shew not onely small reuerence towards God and great perturbations of mens mindes but was cause also that the multitude knew not what to beleeue and that many of the principall Nobilitie and others were without all faith and honestie making no conscience of their actions which tooke away all commerce so that now it could not bee sayd that the Germanes were better then the Turkes and other barbarous people for which causes God hath afflicted it with so great calamities Therefore it was necessarie to take in hand the businesse of religion Hee sayd a generall free and pious Councell was formerly thought the onely remedie For the cause of Faith beeing common to all Christians it ought to bee handled by all and the Emperour imploying all his forces heerein did cause it to bee assembled more then once But there was no neede to say why no fruit came by it it beeing well knowen to all that were present Now if they desired to prooue the same remedie againe it was necessary to remooue the impediments which did 1555 MARCDILVS 〈◊〉 CHARLES 5. MARY HENRY 2. hinder them from attaining the wished end But if by reason of the accidents
learned men Inhabitants of Rome whom himselfe did know were named and others put themselues forward to receiue this honour The Court was full of the expectation But dieth be fore anything was effected hauing sat but 22. dayes of many nouities which were all buried in silence because Marcelius first weakened by the paines he tooke in the long great ceremonies as hath bin said afterwards taken with an apoplexie dyed the last day of the month the other astrologicall predictions of his father and his owhe which were extended a yeere after that time being not verefied The Cardinals being assembled againe in the Conclaue hee of Ausburg assisted by Morene made great instance that among the capitulations which the Cardinals were to sweare vnto one should bee that the future Pope should by counsell of the Colledge call an other Synod within Two cap 〈…〉 lations one to cal another S◠councel within two years another not to make aboue 4. Cardinals within two years Iohn Peter Caraffa called Paul the 4 41◠created Pope two yeeres to finish the reformation begun to determine the controuersies of Religion that remained and to finde a meanes to cause the Councell of Trent to bee receiued in Germany And the Colledge of the Cardinals beeing full it was capitulated that the Pope should not create more then foure within two yeeres The three and twentieth day of the next Moneth Iohn Peter Caraffa who called himselfe Paulus Quartus was created the Imperialists resistng as much as they could For he was thought not to be the Emperours friend in regard of the old distastes which he receiued in the King of Spaine his Court where he serued eight yeares in the life time of the Catholique King Ferdinand and because the possession of the Archbishoprique of Naples was denyed him a few yeares before by the common inclination of the Barons of that Kingdome Whereunto was added the seueritio of his manners which made Of whose seueritie the Court is afraid the Court fad and put it in geater feare of reformation then it formerly had in the treaties of the Councell The strictnesse of his life concerning his person and familie he laid aside immediately after his creation For being demaunded by his Steward what diet hee would haue prouided for him hee answered such as befitteth a Prince and would be crowned with greater pompe then was vsuall affecting in all his actions to keepe his degree with magnificence and to appeare stately and sumptuous To his Nephewes and kinsmen hee was as indulgent as any of his Predecessors He affected to hide his seueritie towards others by shewing the greatest humanitie but within a short time hee returned to his owne naturall disposition Hee tooke it for a great glory that the three English Ambassadours The English Ambassadors are receiued in the first cōsistory after the coronation dispatched in the time of Iulius entred Rome the firstday of his Papacie and the first consistorie after the Coronation was publique The Ambassadours were brought into it who prostrating themselues at the Popes feete did in the name of the Kingdome acknowledge the faults committed relating them all in particular for so the Pope would haue it confessing they had beene vngratefull for so many benefits receiued from the Church and humbly crauing pardon for it The Pope did pardon them tooke them vp from the ground and imbraced them and to honour their Maiesties who sent them gaue the title of a Kingdome to Ireland graunting them this dignitie by the authoritie which the Pope hath from God being placed ouer all Kingdomes to supplant those that are contumacious and to build new Men of iudgement who then knew not the true cause of that action thought it a vanitie not seeing The Pope giueth to Ireland the title of a kingdom what profit either of authoritie or honour it might bring to a King to haue many titles in the Countrey which hee possesseth considering that the most Christian King is more honoured by the onely title of King of France then if his State were diuided into as many Kingly titles as hee hath Prouinces Neither did it then seeme a fitte time to say hee had power from God to build vp and ouerthrow Kingdomes But those that knew the true cause did not thinke it vaine but a secret vsually practised a long time Henrie the Eight after his separation from the Pope made Ireland a kingdome and called himselfe King of England France and Ireland which title continued by Edward was assumed by Marie and her Husband The Pope so soone as hee was created entred into a resolution that the title of Ireland should not bee vsed by those Princes affirming constantly that it belonged onely to him to Which was taken before without the consent of any Pope giue the name of a King But it seemed hard to enduce England to quit that which two Kings had vsed and the Queene not thinking much of it had continued Therefore hee found a temper that is to dissemble the knowledge of what Henry had done and himselfe to crect the Island into a Kingdome that so the world might beleeue that the Queene Popes haue often giuen that which they could not take frō the possessors had vsed the Title as giuen by the Pope not as decreed by her Father And the Popes haue often giuen that which they could not take from the possessors and to auoyd contentions some haue receiued their owne goods as gifts and some haue dissembled the knowledge of the gift or of the pretence of the giuer In the priuate discourses betweene the Pope and the Ambassadours hee found fault that the Church goods were not wholly restored saying that by no meanes it was to bee tolerated and that it was necessarie to render all euen to afarthing because the things that belong to God can neuer bee applyed to humane vses and hee that withholdeth the least part of them is in continuall state of damnation That if hee had power to grant them hee would doe it most readily The Pope commandeth the restitutiō of Church goods in England for his Fatherly affection which hee beareth to them and for the experience hee hath of their filiall obedience but his authoritie was not so large as that hee might prophane the things dedicated to GOD and let England bee assured that this would bee an Anathema and an contagion which by the iust reuenge of God would alwayes hold the Kingdome of England in perpetuall infelicitie He charged the Ambassadours to write thereof immediatly and was not content to speake of it once but repeated it as often as there was occasion Hee said also plainely that the Peterperce ought to be payd as soone as might bee and that according to the And the payment of Peter pence custome hee would send a Collector for that purpose that himselfe had exercised that charge three yeeres hauing beene sent into England for that end wherein hee was much edified
this respect another accident was as grieuous as the former But more with the capitulations of the peace of Cambray that is the peace made at Cambray the third of Aprill betweene the Kings of France and Spaine which was well confirmed by the marriages of the daughter of Henry to the King of Spaine and of his sister to the Duke of Sauoy In which peace amongst other capitulations it was agreed that both the Kings should make a faithfull promise to labour ioyntly that the Councell should bee celebrated the Church reformed and the differences of religion composed The Pope considered how goodly a shew the title of reformation and the name of a Councell did make that England was lost and all Germany also partly by the Protestants and partly by his difference with Ferdinand that these two vnited Kings were much offended by him the Spaniards by deedes and words the French by words at the least there remayning none to whom he might haue refuge that the Cardinals were wearie of his gouernement and his people not well affected in regard of the incommodities of the warre and the taxes layd vpon them These cogitations did so afflict the old Pope that hee was vnfit to rule Hee could not holde the Consistories so often as hee was woont and when hee did holde So that hee became vnfit to rule them hee spent the most part of the time in speaking of the Inquisition and exhorting the Cardinals to fauour it as beeing the onely way to extinguish heresies But the two Kings did not agree to procure the Councell for any ill will or interests which either of them had against the Pope or Papacie but to prouide against the new doctrines which did exceedingly increase being willingly heard and receiued by all men of conscience and which was of more The progresse of the reformed religion and y e meanes vsed to suppresse it importance the male-contented and those who were desirous of innouations put themselues on that side and did dayly vnder pretence of religion make some enterprises as well in the Low Countries as in France in regard those people did loue their libertie and had commerce with Germanie as bordering vpon it In the beginning of the troubles some seedes were sowed which that they might not take roote the Emperour Charles the fifth in the Low Countries and the French King in his Kingdome made many Edicts and commanded diuers executions whereof wee haue spoken in their due places But after that the number of the Protestants did increase in Germanie and the Euangeliques did multiply amongst the Suisses and the separation was made in England by reason of the often warres betweene the Emperour and French King either partie was forced to call Auxiliaries out of these three Nations who publikely professing and preaching the Reformed religion in their quarters by their example and by other meanes diuers of the people became of their opinion It is certaine that this compelled Charles the Emperour to attempt the bringing in of the Spanish Inquisition seeing that other remedies did not preuaile though hee was partly forced to desist for the causes before related And Henry the French King gaue the Bishops authoritie to punish heretiques a thing neuer vsed before in that Kingdome And although in the Low Countries from the first Edict of Charles vntill this time of the peace there were hanged beheaded buried aliue and burned to the number of fifty thousand and very many put to death in France In the Low Countries 50000 were executed for religion in a short time and very many in France yet both places were then in worse case then euer This made the Kings to thinke ioyntly of finding a remedie by the great perswasion of the Cardinall of Loraine for the French and of Granuel Bishop of Arras for the Spaniards who being in Cambray from October vntill Aprill with other Deputies of the two Kings to treate a peace did conferre particularly amongst themselues how that doctrine might be rooted out and were afterwards the chiefe instruments of whatsoeuer did happen in both States The cause they Whereof the Cardinall of Loraine and Granuel Bishop of Arras were causes alledged to be the zeale of religion and the seruice of their Princes but it was vniuersally beleeued that it was rather ambition and a deseigne to enrich themselues by the spoyles of those who were to be condemned The peace beeing made the King of Spaine to begin to giue some order not being able to bring in the Inquisition openly thought to doe it obliquely The King of Spaine erecteth Bishoprickes in the Low Countries that hee might more easily bring in the Inquisition by the Bishops But there beeing but two Bishopricks in the Low Countries Cambray and Vtrect and the residue of the Clergie subiect to the Bishops of Germanie and France and those two Bishoprickes also subiect to forraigne Arch-bishops to whom appeales could not be denied so that he could not worke his will by meanes of them hee thought fit to free all that Clergie from the subiection of Bishops who were not his subiects and to institute three Arch-bishoprickes in those Countries Meclin Cambray and Vtrect and to erect into Bishoprickes Anwerp Balduck Gant Bridges Ipre S. Omar Namur Harlem Middleburgh Lewarden Groninghe Ruremond and Dauenter annexing vnto them for reuenewes some rich Abbies Hee caused the Pope to approoue all this by his Bull dated the ninth of May the same yeere The pretence for doing of this was that formerly those Countries beeing not much inhabited did not neede a greater number of Bishops but now the multitude of people and dignitie of the Cities did require they should bee honoured with Ecclesiasticall titles Yet the Nobilitie and Comminalty did imagine it was an art to bring in the Inquisition in which opinion they were confirmed when they saw the Popes Bull. For according to the vse of Rome to enlarge their power or profit in euery bargaine he alledged for a cause of that new institution that that Countrey was compassed and as it were besieged by Schismatiques who did not obey him the Head of the Church so that the true faith was in great danger by the fraudes and insidiations of the Heretiques if new and good Gardians were not placed ouer them This occurrence made the Nobilitie to adhere together and to thinke how to make resistance before there was meanes to compell them by force of armes Which maketh the Nobility to combine and refuse to pay tribute They resolued therefore not to pay tribute vntill the Spanish Souldiers were remooued out of the Countrey and began to incline more to the new opinion and to fauour it which caused the other troubles which shall bee spoken of But the French King desirous to make prouision that the Lutheran sect The French King entreth into the Mercuriall should not more encrease in the Kingdome vnderstanding that some of the Counsellors of the Parliament were infected with
it in a Mercuriall so they call the iudicature instituted to examine and correct the actions of the Counsellors of Parliament and Iudges of the King held in Paris the 15. of Iune where they were to treate of Religion after the Congregation was assembled entred in person Hee said hee had established peace in the whole world by the marriages of his sister and daughter that hee might prouide against the inconueniences bred in his Kingdome about Religion which ought to bee the principall care of Princes Therefore vnderstanding they were to treat of this subiect hee exhorted them to handle Gods cause with sinceritie And hauing commaunded them to prosecute the things begun Claude Viole one of them spake much against the manners of the Court of Rome and the bad customes growen to bee pernicious errours which haue caused the new sects Therefore it was necessary to mitigate the seuere punishments vntill the differences of religion were remooued and the Ecclesiasticall discipline amended by authority of a Generall Councell the onely remedie for these euils as the Councels of Constance and Basil haue iudged commanding that one should bee celebrated euery ten yeeres His opinion was followed by Ludouicus Faber and some others Anne du Bourg did adde that many villanies were comitted condemned by the Lawes for punishment whereof the rope and fire were not sufficient as frequent blasphemies against God periuries adulteries not onely secret but euen cherished with impudent licence making himselfe to be plainely vnderstood that hee spake not onely of the Grandies of the Court but of the King himselfe also adding that while men liued thus dissolutely diuers torments were prepared against those who were guilty of nothing but of publishing to the world the vices of the Church of Rome and desiring an amendment of them In opposition of all this Egidius Magister the prime President spake against the new sects concluding that there was no other remedie but that which was formerly vsed against the Albigenses of whom Philippus Augustus put to death sixe hundred in one day and against the Waldenses who were choked in the caues whither they retired to hide themselues When all the voyces were giuen the King said he had now heard with his owne eares that which before was told him that the contagion of the Kingdome doth hence arise 1559 PIVS 4. FERDINAND PHILIP 2. ELIZABETH HENRY 2. And coÌ„mandeth some of the Counsellors of Parliament to bee imprisoned that there are in the Parliament who doe despise the Popes authoritie and his that he well knoweth they are but few but the cause of many euils Therefore hee exhorted those who are good subiects to continue in doing their duety and immediatly gaue order that Faber and du Bourg should be imprisoned and afterward caused foure more to bee apprehended in their houses which did much daunt those who embraced the new religion For the Counsellors of Parliament in France beeing reputed most sacred and inuiolable who notwithstanding were put into prison for deliuering their opinion in publike Assembly they concluded that the King would pardon none But examples of great feares are alwayes ioyned with others of equall boldnesse 15â—9 The Reformatists hold a Synod in Paris For at the same time as if there had beene no danger at all the ministers of the Reformed for so the Protestants are called in France assembled in Paris in the suburbes of Saint German made a Synode in which Franciscus Morellus the chiefe man amongst them was President ordayning diuers constitutions of the manner of holding Councels of remoouing the domination in the Church of the election and office of Ministers of censures of marriages of diuorces of degrees of consanguinitie and affinitie that throughout all France they might not onely haue an vniforme faith but discipline also And their courage did increase because the fame of the seuerity vsed in France comming into Germanie the three Electors and And are encouraged by the intercession of the Protestant Princes of Germanie other Protestant Princes sent Ambassadours to the King praying him to proceede with pietie and Christian charitie against the professors of their Religion guiltie of nothing but of accusing the corrupted manners and the discipline peruerted by the Church of Rome which had bene done more then an hundred yeeres since by other godly Doctors of France For that Kingdome beeing now in quiet the differences of Religion may easily bee composed by the disputation of able men desirous of peace who may examine their confession by the rule of holy Scripture and of the ancient Fathers suspending in the meane time the seueritie of the sentences which they will receiue as a thing most gratefull and remaine much obliged to him for it The King gaue a courteous answere in generall wordes promising Which did them no good to giue them satisfaction and to send one expresly to signifie so much vnto them Yet he remitted nothing of the seueritie but after the Ambassadours were parted hee deputed foure Iudges of the body of the Parliament in the causes of the prisoners with the Bishop of Paris and the Inquisitor Antonie de Mocares commaunding them to proceede with all expedition The Pope vnto whom all these things were knowen as hee was much discontented with the progresse of the new doctrine in the States of both the Kings so hee was pleased that those Princes did thinke of it and mooued them by his Nuncij and by their Ambassadours residing with him to doe so still But hee would not haue any other meanes then that of the Inquisition which he thought the onely remedie as he said vpon all occasions iudging that the Councell would doe as formerly it had done that is reduce all into a worse state While he was possessed with these cogitations and weake of body the King of France died the second of Iuly by a wound in the eye running at Tilt for which hee seemed very sorrowfull and was so indeede For although hee suspected and with reason the intelligence betweene the 1559. PAVL 4. FERDINAND ELIZABETH FRANCIS 2. Henry the second dyeth the second of Iuly two Kings yet hee had still hope to separate them But the one being dead he saw he was at the discretion of the other alone whom he more feared because he was more offended by him and was of a more close nature hard to be sounded Hee feared also that in France a gate would be set wide open to let in sectes which might bee confirmed before the new King could get so much wisedome and reputation as was necessary to oppose so great difficulties Hee liued some few dayes afflicted with these cogitations but now laying aside all hopes which had vntill then kept him aliue hee died the eighteenth The Pope Iyeth the 18. of August recommending to the Cardinals nothing but the office of the Inquisition of August recommending to the Cardinals nothing but the office of the Inquisition the onely meanes as he said to
should euacuate those bad humors which did trouble it Therefore he was to exhorâ— the King to ioyne with him in this good worke promising that hee would â—dâ—ee the King of Spaine and the Duke of Sauoy to doe the like The Pope gaue the bishop Commission also to negotiate the same thing with the Duke of Sauoy as he passed He wrote to the King of Spaine and â—ealt with him by his Nuncio that he would labour to diuert his cofin from the Nationall Councell which would be hurtfull to France and a bad example for Spaine and worse for the Low Countreys The Duke of Sauoy hearkened to the proposition of the warre of Geneua promising to employ himselfe wholly in it so that those two Kings would bee content to assist him and that the warre were to bee made by him and for him For that Citie belonging to his Dominion it was not iust in case it were wonne that any should possesse it but himselfe Therefore if his Holinesse would come to the effect it was necessary to make a league with plaine capitulations lest some great inconuenience might arise if either the Kings should not agree or himselfe should bee abandoned after he had prouoked the Suisses against him who would vndoubtedly defend the Citie For Geneua the King of Spaine considered that France would not permit it should bee in the hands of any but French-men which was not good for his seruice in regard of the vieinity of the Franche Countie Therefore hee answered that hee thought it not a fit time to make attempt But for the Nationall Councell of France he was perswaded it would bee a dangerous example to his States Therefore hee dispatched away Antonio di Toledo Prior of Lions to signifie to the French King that the celebration of that Councell would bee very hurtfull in regard of the diuision which might arise the kingdome being infected Hee prayed him not to goe on heerein The King of Spaine disswadeth y e French King from the Nationall Synode and sayd that nothing mooued him to make this request but onely his loue to him and his zeale to the glory of God Hee left to his consideration besides the contentions which it might cause within his kingdome the pernicious example which other Prouinces would take and the preiudice it would bring to the Generall Councell which was to bee held and was the onely remedy for all the euils and diuisions of Christendome that it would shew there was not so good intelligence betweene the Emperour and them as should bee and would make the Protestants waxe proud in preiudice of the publique cause Hee added that hee wanted not force to represse the insolencies of his Subiects and if hee would make vse of the forces of him the King of Spaine hee would very willingly employ them in this case and his owne person also if there were neede that his Subiects might not boast they had brought him to any indignitie whereof he was to consider much now in this beginning of his reigne Hee gaue commission also to his Ambassadour that if hee could not obtaine this hee should for the same and other reasons negotiate a suspension of it for as long a time as he could and should treate with the Cardinall of Lorayne who as hee vnderstood had a great hand in this Councell that as a Prince of the Church and as hauing a great part in the gouernement of that Kingdome hee was bound to consider the dammage which might redound to it and all Christendome He caused also the same request to be made to the Duke of Guise the Constable the Queene mother and to the Marshall Saint Andrew Hee gaue him commission also to aduise the Duchesse of Parma and Vargas his Ambassadour at Rome of whatsoeuer hee did Likewise hee gaue the Pope aduice of the earnest request he had made by one expresly sent and of the need that King had of assistance To this he added the necessitie in which himselfe was the Turkes hauing taken from him the yeere before twenty Gallies twenty fiue And demandeth of the Pope a Subsidie from the Ecclesiastikes round Ships and the fortresse of Gerbe which forced him to increase his Armie He therefore requested his Holinesse to grant him a large Subsidy of the Churches and Benefices of his Kingdomes The proposition of assaulting Geneua was not well taken in France because The French men are distasted with the proposition of assaulting Geneua it would make the Hugonots so the Reformatists are called suspicious and vnite themselues Besides none going to that warre but the Catholiques the Kingdome would bee left open to the opposites And to prouoke the Suisses protectors of that Citie seemed not good in regard of the seruice they might doe that Crowne Therefore they answered the Nuncio onely thus that while so great confusion did afflict the Kingdome within it was impossible to apply themselues to matters abroad But for the Nationall The French Kings answer concerning the Nationall Synode Councell the same answere was giuen to Toledo and the Nuncio that the King was resolued to keepe himselfe and the kingdome in the Catholique vnion that hee would make a Nationall Councell to separate himselfe but to vnite to the Church those that went astray that a Generall Councell would more please and in likelyhood be more profitable if his vrgent occasions would suffer him to expect the time which must needes be very long that the Nationall Councell which hee desireth shall depend on the Apostolique Sea and the Pope which shall cease when the Generall shall be assembled and shall incorporate with it And that his deedes may answere to his words hee desired the Pope to send a Legate into France with power to assemble the Bishops of the Kingdome and to settle the affaires of Religion The Pope cast foorth the Proposition to make warre against Geneua not so much for the hatred hee bare to that Citie as the Seminary of the Zuinglian Preachers in France or for feare of some innouation in Italy as to prolong the treatie of the Generall Councell For if the warre had beene kindled it would haue lasted a yeere at the least and in the meane while the Councell would haue beene forgotten or a good forme would haue beene found for it But now seeing that his proposition did not take effect and that the French did still perseuere in their resolution for a nationall Synode hee thought it necessary not to deferre his determination for the generall and to stop the French-men with this and with some grant of what they desired Hee conferred hereof with the Cardinals which were most intimate Maketh the Pope hasten the General Councell with him and particularly about the place which seemed of most importance because in conclusion the Councell doth produce effect according to the minde of him that is strongest in the place where it is celebrated Hee would faine haue proposed Bolonia or some other of his owne
Cities promising to goe thither in person but saw it would bee ill construed by the world He was resolued not to accept of any Citie beyond the Mountains no not to heare any proposition of it The Cardinall Pacceco proposed Milan and he condescended so that he might haue the Castle in his hands during the time of the Councell which was to referre himselfe to an impossible condition He thought also vpon some of the Venetian Cities but the Republique excused it selfe lest they should make the Turkes suspicious of whose forces they were then afraid When hee had considered all he found no fitter place then Trent For the Councell hauing been held there twice before euery one had experience of what was good and what bad in that place Who after consultation thinketh Trent the fittest place for the assembly and therefore would more easily consent to goe thither then elsewhere And there was also some appearance of reason for it because the Councell celebrated by Iulius was not finished but suspended Hee thought to satisfie the French men by sending Cardinall Tornon into France not in qualitie of a Legate but with power when he was there and saw there neede to assemble And sendeth Card. Tornon into France to hinder a Nationall Synod there some of the Prelats of the Kingdome such as the King and himselfe thought fit but not all that there might be no appearance of a Councell and to treate with these but to resolue of nothing There were also two other accidents of no lesse consideration which thrust the Pope forward to speake more plainely of a Councell one farre off but imported the losse of a Kingdome the other concerned one person onely but was of great consequence The Nobilitie of Scotland who had a Scotland reuolteth from the Pope long time made warre to chase the French men out of the Kingdome and to take the gouernment out the handes of the Queene Regent and had euer encountred many difficulties in regard of the great succours sent her by her sonne in law the French King to maintaine the kingdome for his wife finally that they might quite free themselues they resolued to ioyne with the English and incite the people against the Regent To this end they gaue way to libertie of religion to which the people was inclined By this meanes they brought the Frenchmen into great straits and the old religion was little esteemed for which the Pope was blamed because the world thought that if the Councell had beene begunne all popular commotions would haue beene stopped The other accident was that the King of Bohemia had a long time held intelligence with the Protestant Electors and Princes of Maximilian is not without cause thought to be a Protestant Germanie and was formerly suspected for it by Paul the fourth so that hee could not refraine to obiect to the Emperour in priuate discourse which hee had with Martin Gusman his Ambassadour that his sonne was a fauourer of heresie The same suspicion continuing in the Court after the death of Paul the Pope caused the Count of Arco to tell him that if he would not liue as a Catholique hee would not confirme him King of the Romanes yea would depriue him of all Dominion Notwithstanding this aduice came afterwards to Rome that hee entertained a Preacher and heard him often who had brought in the vse of the Cup in diuers places but not in the Citie and the King himselfe sayd hee could not receiue it otherwise which although he put not in practise yet those words gaue the Pope great suspicion especially because almost in all places of Germanie the Communion of Which two accidents incite the Pope to call the Councell quickly the Chalice was vsed by all that would and none hindered the Priests to minister it For all these former respects the Pope was resolute to make this great iumpe The third of Iune he called the Ambassadours of the Emperour of Spaine Portugal Polonia Venice and Florence who appearing all before his Holinesse except the Ambassadour of Polonia that was sicke hee complained first that hee could not call the French Ambassadour for feare of some question of precedencie which was a cause to hinder the publique benefit of consulting on the common affaires of Christendome but those two Kings being cousins it was necessary they should resolue to accommodate the difference Wherein hee declareth his purpose to all the Ambassadors residing with him for the good of the Christian Common-wealth and especially of their owne Kingdomes Then hee said that the cause why hee had called them was the celebration of the Councell which hee was resolued to bring to effect remoouing all difficulties which Princes for their owne ends might set on foote that the place should be Trent which hauing pleased twice could now be denied by none in regard it was not a new place and the Councell celebrated there onely suspended Therefore taking away the suspension the Councell is open as before and many good Constitutions hauing been made there it would not be fit to call them in question by making shew of calling a new Councell He added that it was necessary to doe it quickly because things grew worse euery day as appeared in France where they treated of a Nationall Councell which hee neither would nor could endure because Germanie and euery Prouince would doe the like that hee would giue order to his Nuncij with the Emperour Kings of France and Spaine to treate hereof with their Maiesties and did now intimate the same to all them that they might send their Princes word of it For although he could both resolue and execute of him selfe yet hee thought fit to doe it with their knowledge that they might put him in minde of some things for the common benefit and reformation of the Church and send Ambassadours to the Councell and fauour it by treating with the Protestants Hee added that hee did beleeue that some of the Princes of Germanie would goe thither in person and that he was sure the Marquisse of Brandeburg would Vargas made a long answere relating what had been done in former Councels He discoursed of the manner of celebrating Councels and then descended to the place and spake of what was done in Trent where himselfe was present He distinguished Generall Councels from Nationall much condemning that which was intimated in France The Ambassadour of Portugall commended the Popes purpose and promised the obedience of his Master The Venetian sayd that in times past neuer any better remedie was found then Councels and thanked GOD for inspiring his Holinesse to doe so pious a worke which was for the preseruation of Religion and benefit of Princes who could not hold their States in peace in change of Religion The Florentine Ambassadour spake in the same manner offering all assistance from the Duke The Pope wrote to his Nuncio in Germany France But alwyes vttereth something that may crosse it and Spaine in
against with more seueritie mitigating the punishment of those who assemble without Armes onely for Religion instructing and admonishing them and to this purpose to cause the Prelates to reside hoping that by these remedies all will bee prouided for without either Generall or Nationall Councell The voyces beeing not vniforme a Decree was made the 27. of that moneth that there should bee an assembly of the States at Meaux the tenth of December and if the Generall Councell shall not be called suddenly as the Pope hath made shew the Bishops shall assemble the 13. of Ianuary to treat The Decree of this Assembly of celebrating a Nationall in the meane while the punishments for cause of Religion were suspended except against those who tooke Armes The Pope enformed of the resolution of the assembly of Fountainbleau wrote to Cardinall Tornon to hinder the meeting of the Bishops and if hee could not returne to Rome And the three and twentieth of September hee called the Ambassadours and told them the neceseitie of the sudden celebration of a generall Councell in regard of the determination of the Frenchmen to call a Nationall which though he had giuen order to Cardinall Tornon to hinder yet hee did not hope it could be done But hee saw Causeth the Pope to make shew that hee is resolued to call the Councel suddenly a necessitie to celebrate the generall Councell that it might not bee sayd that the Nationals were called for want of it Therefore that hee must needes open the Councell of Trent taking away the suspension that the place was most fit beeing betweene Germanie and Italie though others propose Spire Triers and other places which hee would accept if they were secure beeing readie to goe to Constantinople if hee might with safetie that one could not trust those who want faith that no Catholike could bee secure in those places no not the Emperour himselfe that if they refuse Trent they may finde places in the Dukedome of Milan the Kingdome of Naples in the State of Venice of the Duke of Sauoy or Florence Concerning the reuocation of the things already decided it was not to bee mentioned that hee would neither reuoke nor confirme them but referre all to the Councell which with the assistance of the holy Spirit will determine whatsoeuer it shall please God Hee did much ruminate vpon the Nationall Councell of France saving that Germanie would follow the example and that some stirres would bee raised in Italie if order were not taken that they would submit the Papacie to the Councell and whatsoeuer belongeth to it But his resolution was this Pro fide religione volumus mori Desiring the Ambassadours to speake their opinion the Emperours Ambassadour sayd it was better to take time in regard the Emperours affaires would not permit him to consent The Pope seeming to bee angry the Ambassadour added that it was good first to winne the mindes of the Princes of Germany The Pope answered more angerly that there Wherein he is contradicted by the Emperours Ambassadour onely was now no time to doe it and the Ambassadour replying that he feared that by this meanes the heretiques would bee incited against Italy the Pope said aloud that GOD would not abandon his owne cause and that he should bee assisted by the Catholique Princes with men and money for his defence The Spanish Ambassadour commended the Popes purpose and said that his King would not faile to fauour him and that to this end hee had already sent Antonio di Toledo into France The Ambassadours of Portugall Venice and others offered the fauour and assistance of their Princes and in the ende the Pope gaue them order to signifie his intention and so dismissed them Afterwards hee receiued answere from Cardinall Tornon that hauing tried all meanes hee was not able to remooue the King nor any of his Councell nor could hope for any better successe hereafter yea that hee saw all things to waxe worse The King of Spaine hauing sent to the Pope the finall answere giuen to Toledo wrote withall that the French King excused himselfe that without a Nationall Councell hee could not remedie the disorders of his kingdome and that it was no maruell if to withstand inconueniences Princes doe that alone which they should doe together with the Pope This letter troubled his Holinesse thinking hee did inferre that hee might doe the same also himselfe in Flanders It was afterwards discouered that the Popes purpose was if hee could not absolutely auoyd the Councell to deferre it at the least vntill he had set in order his domesticall affaires For being to hold a Synod it was necessary to giue a good example in the meane space and spend excessiuely in maintaining poore Prelats and officers and The Popes secret purpose was to auoid or deserre the Councell other things necessary for the Synode which would consume all the reuenewes and the businesse it selfe also would take vp all his time so that hee could not take care of his house But hee resolued though against his will not to deferre the Conuocation any longer Whereupon the twentieth of But maketh a contrary resolution against his will October hee held a Congregation of Cardinals in which hee gaue them an account of the answere of the French King to Toledo of the King of Spaine his letter to him and of the negotiation of the Cardinall Tornon adding a new aduertisement sent him out of France that although the generall Councell were opened they would not goe thither if the Protestants did not consent to receiue it These things put them in a great confusion and all feared that though the generall Councell should proceede yet France would And is much troubled with the occurrences of Trance make the Nationall whence by consequence an alienation from the obedience of the Apostolique Sea would arise and an example to the residue of Christendome to doe the like either with or without the consent of their Princes Some thought much of the Protestation made to the Cardinall of Trent that hee should not bee too liberall in offering that Citie but remember that the Emperour is Lord of it without whose consent hee neither can nor ought to dispose of it in such a businesse who had declared himselfe alreadie that by all meanes hee would first make a Diet. They were also much troubled with that which D. Antenio di Toledo wrote that all the Grandies yea the Bishops themselues did fauour the new opinions to settle and augment their owne estates Notwithstanding all this all the Cardinals except the Cardinall of Ferrara were of opinion to open the Councell remoouing the suspension The Pope said the Councell should begin at Saint Martins tide and considering the imminent dangers and the hopes to ouercome them he His comfort is that the losse will be greater to the French King then to the Apostolike Sea resolued himselfe and did comfort also the Cardinals and his other dependants
not stop the eyes and eares of the world that they should not see and heare their differences and that if they would make shew of vnion where they were at variance they should bee conuinced of vanitie and lying and after many contentions they remained without agreement in that point For the Councell some thought fit to refuse it absolutely and others were of opinion to send Ambassadours to make offer that they would goe to a free and Christian Councell and to propose the exceptions of the suspicion of the Indges of the inconueniencie of that place and others often times proposed to shew they did not refuse the authoritie of a lawfull Councell and that the vnion of the Church was not hindered by them but by the ambition of the Coure of Rome which would make the Germane Catholiques more fauourable 〈◊〉 them And they concluded to make petition to the Emperour in this forme The two Nuncij arriuing in Austria at the same time found the Emperour To which place y e Popes two Nuncij are sent by the Emperor with three Ambasdors of his owne at Vienna who gaue them counsell to go both immediately to Nâ—umburg in Saxenie where the Protestants were assembled in a Diet and to treate as modestly with them as was possible taking care not to exasperate or offend them For if they went to each of them into their owne States they would bee posted from one to another and would neuer haue any certaine answere and when they had both performed this office ioyntly they might diuide themselues and god apart to whom they were sent He put them in mind of the Conditions with which the Protestants did formerly condescend to the Councell that if mention were made thereof againe they might bee prepared to replie in the Popes name what they thought fit The Emperour sent three Ambassadours of his owne to goe with them to the Assembly and the King of Bohemia did recommend them to the Duke of Saxonie that they might goe securely The Emperours Ambassadours hauing had audience at the Diet exhorted the Princes to assist in the Councell and to put an end to the 〈◊〉 of Germanie The Princes after they had consulted together thanked Caser and concerning the Councell said they would not refuse it if the word of GOD were to beiudge if the BB. were released of their oaths made to the Pope and the Sea of Rome and if the Protestant Theologiâ—es might have 〈◊〉 But seeing that the Pope admitteth no Bishops to be in the Councell but such as are sworne vnto him against which they The Protestants answer to the 〈◊〉 Ambassdor haue alwayes protested they could hardly agree vnto it that they were willing presently to represent so much to the Emperour with all respect deferring their absolute answere vntill the Princes then absent were informed Afterwards the Popes Nuncij were brought in who hauing commended the Popes 〈◊〉 and Religion in reuiuing the Councel to extiâ—pate 〈◊〉 in regard there are as many Religions and Gospels as there are Doctors said he had sent â—â—inuite them to helpe forward so laudable an enterprise promising that all should be handled with Christian Charitie and that their voyces shall be freeâ— They presented also the Popes Briefes written to each of them The next day all the Briefes sealed as before were sent backe and the Nuntij called And to the Popes Nuntij to receiue an answere which was to this effect That they did not acknowledge any iurisdiction of the Bishop of Rome that there was no cause to reueale their pleasure concerning the Councell to him who had no power either to call or hold it that they had deliuered their minde and determination to the Emperour their Lord that to the Nuncij who were nobly descended in a Common-wealth which they loued they offered all good office The Protestants doe intimate another assembly to begin in April and would doe more if they had not come from the Pope Thus they did end the assembly and did intimate another to begin in April to finish the 〈◊〉 of vâ—iting themselues together The Nuncio Delphinus deliuered his Ambassage in diuers Cities as he returned The negotiation of Delphinus The Senate of Noremberg answered that they would not forsake the Augustan Confession not accept of the Councell as not hauing the conditions required by the Protestants The Senates of Argentine Francfort Ausburg and Vlma answered in the same manner Comendone parting from the Of Comendone Diet went to Lubec from whence he sent to Frederic King of Denmarke to demand his Safe conduct to come to him to deliuer to him the Popes Ambassage and inuite him to fauour the Councell Hee answered that neither Christian his father nor himselfe had euer any thing to doe with the Pope and therefore hee cared not to receiue any Ambassage from him Both the Nuncij had a fauourable answere from the Prelates Princes and Cities Catholique with promise of deuotion to the Pope but concerning the Councell they sayd they were to treate with the Emperour it being necessary to consult together for feare of the Lutherans Ierolamus Martinengo sent to Of Martinengo the Queene of England for the same cause beeing in Flanders receiued commandement from her not to passe the Sea and although the King of Spaine and Duke of Alua did make earnest entreaty that hee might bee admitted and heard commending the cause of that Legation that is the vnion of all the Christian Church in a generall Councell yet the Queene did perseuere in her first resolution answering that she could not treat with the Bishop of Rome whose authority was excluded out of England by consent of Parliament Canobius when hee had deliuered his Ambassage to the King of Polonia by whom he was well receiued could not goe into Moscouia by reason of the warre betweene that Prince and the King But going into Prussia hee was answered by that Duke that he was of the Augustan Confession and could not consent to a Popish Councell The Suisses assembled in a Diet at Bada heard the Popes Nuncio and receiuing the Briefe one of the Burgomasters of Zuric And of Canobius did kisse it The Pope aduertised hereof could not choose but tell it to all the Ambassadours residing with him with much ioy But hauing consulted The Pope reioyceth that his Bull was kissed by a Burgomaster of Zuric of the businesse concerning the Councell the Catholiques answered that they would send thither and the Euangeliques that they would not accept of it The negotiation of the Nuncij in Neumburg beeing published in Rome there was a whispering against the Pope for sending Ministers to the Diet of the Protestants wherein hee excused himselfe that it was not by his order but by the Emperours to whose direction he did deferre the Nuncij for which hee did not blame him in regard hee did not care for nice points of honour but onely for doing of good The
Emperour hauing consulted The Emperor excepteth against the Bul of the Councell with his Diuines concerning the Bull of the Councell wrote to the Pope that as Ferdinand hee could totally adhere to the will of his Holinesse and bee content with any forme of the Bull and endeauour that all Germanie should submit themselues to him but as Emperour hee could say nothing vntill he was enformed what was done by the Nuncij and his Ambassadours who went to the Diet of the Protestants in Neumburg Hee was almost secure that if the Pope had not declared that the conuocation of the Councel was not a continuation but a new Indiction or that the points already decided might bee reuiewed and handled againe the Bull would haue been accepted The French King wrote to his Ambassadour in Rome the last of Ianuary And so doth the French King that there were some things to bee reformed in the Bull before hee could receiue it For although the word Indictio was vsed in the title yet in the body of it there were words which did signifie the remoouing of the suspensions of the Councell already begun which Germanie suspecting would vndoubtedly require an interpretation of them which would draw the Councell in length and not giuing the Emperour satisfaction and them would cause so many diuisions in Christendome and so many difficulties that it would be a Councell in shew onely without fruit or profit That for his part he was pleased that Trent should bee the place nor made any difference whether it were a new Indiction or a continuation in regard his Holinesse was willing as hee was told by Nicheto that the determinations already made may be disputed and examined againe wherein as the reall performance would giue satisfaction to all so to take away feare and secure euery one it was necessary to declare so much before hand taking care to satisfie the Emperour by all meanes without whom no good successe of the Councell could bee hoped for Hee sayd that if all this were not performed hee would as the purpose of his brother was call a Nationall Councell which was the onely remedy for the necessities of his Kingdome Hee gaue order to his Ambassadour also to complaine to his Holinesse that his brother hauing procured with such earnest entreaty the opening of the Councell yet no honourable mention was particularly made of him in the Bull the reason whereof euery one knew to bee because hee would not name the French King immediately after the Emperour Notwithstanding all these respects the King to promote the businesse of Religion wrote at the same time to the Prelates of his Kingdome to prepare themselues to goe to the Councell and to bee there at the time of the Conuocation of which letter he sent a copie to Rome The Rope was aduertised by his Nuncio that the King spake against the To whom the Pope answereth Bull by instigation of the Cardinall of Loraine and after hee heard the Ambassadours proposition he answered That hee maruelled that the King who doeth not acknowledge any superiour would subiect himselfe to the discretion of another Prince not referr himselfe to the Vicar of CHRIST to whom it belongeth to moderate whatsoeuer doeth concerne Religion saying that his Bull was approoued by all others and had no neede of reformation and that he was resolued it should stand as it did That for naming the French King he had not thought of it and that the Cardinals to whome the composition of it was committed thought it sufficient to name the Emperour and all Kings in generall otherwise naming one in particular it would haue beene necessary to haue done the like in all the rest that himselfe tooke care onely of the substance of the Bull leauing all the rest to the Cardinals This answere did not satisfie the Frenchmen who thought their preeminence was not to be passed ouer in generall termes in regard as well of their greatnesse as of their merits towards the Apostolique Sea In the end the Pope gaue them contentment saying hee could not haue his eye vpon all things but would be carefull not to commit any errour hereafter Yet he made no great account of that kingdome seeing that without any respect of his authoritie they intermedled in things properly belonging to him as in pardoning heretiques and ordering things Ecclesiasticall though reserued The Pope doeth not esteem France to himselfe For the States assembled in Orleance in Ianuary did ordaine that the Bishops should be elected by the Clergie with the assistance of the Iudges of the King twelue of the Nobilitie and as many of the people that no money should be sent to Rome for Annats that all Bishops and Curates should reside personally vpon paine of loosing the fruits of their Benefices that in euery Cathedrall Church a Prebend should bee reserued for a Reader in Diuinity and another for a Schoolmaster that all Abbats Abbesses Priors and Prioresses should be subiect to the Bishops notwithstanding any exemption that nothing should bee exacted for administring the Sacraments for Burials or other publique functions that Prelates should not vse censures but for publique faults and scandals that women should not make profession to be of any religious order before the age of twenty yeeres nor men before the age of fiue and twenty vntill which time they might dispose of their goods to whom they pleased except to the Monastery that the Ecclesiastiques should not receiue Legacies or any thing left vnto them or giuen them by last will And other things also were ordained for better reformation of the Church and of the Clergie which though they were not then published yet the Nuncio sent them to the Pope and those that gouerned France thought it sufficient to giue satisfaction in shew onely to those that required a reformation not caring that any thing should be executed But on the contrary the Kings Diuines in Spaine did not approoue the Bull because it did not plainely say it was a continuation of the Councell already begun yea they thought though the affectation of ambiguity were manifest that it was plainely a new intimation and some of them held that The King of Spaine excepteth against the Bull. it might be drawen from the words of a cleare consequence that the Determinations made already in Trent might be reexamined which they said was dangerous would embolden the Protestants and might cause a new diuision amongst the Catholiques The King would not publish or receiue the Bull vpon pretence that the words were ambiguous and that it ought to be expressed plainely that it was a continuation of the Councell and that the things already determined might not bee called into question but the And is angry with the â—ope for receiuing the Ambassador of the K. of Nauar in the Kings hal true cause was for that the King of Nauarre hauing sent the Bishop of Cominges to tender his obedience to the Pope according to the custome
in France Prelates was put in order in which howsoeuer the Ambassadour assured the Pope that nothing should bee spoken of doctrine nor any thing preludiciall to his authority but onely a course set downe how to pay the Kings debts to prouide against some abuses and to consult what was to bee handled in the generall Councell yet his Holinesse was not satisfied yea was of opinion that they thought that to prouide against abuses was to hinder the profits of the Court and that to consult of the Councel was to ioyne with the Spaniards whereof hee had some intelligence in the point of the supreame power of the Councell euen ouer the Pope And by reason of the dissentions betweene the Grandies of the Court spread also ouer all the Prouinces because euery one sought to increase his faction there being a great liberty of speaking the professours of the new religion were plainely discouered and protected by the greatest about the King with much indignation of the Catholiques Whereupon there were contentions and discords throughout the whole Kingdome calling one another in scorne Papists and Hugonots the Preachers making the people tumultuous and euery one hauing diuers ends He plainly saw that if the Catholike partie had not all the same ayme some great inconuenience would arise for preuenting whereof and to crosse those desseignes he thought it necessary to haue a Minister there a man of authoritie and not a French man who would haue more interest in the kingdome then in the seruice of the Apostolique Sea and resolued to send a Legatethither And casting his eye vpon all the Cardinals hee made choice Into which Kingdome he sendeth for Legate the Cardinall of Ferrara of Ferrara in whom all necessary qualities did concurre singular wisedome dexteritie in negotiations nobility of birth being allied to the Royall house of France brother in law to the Kings great Aunt daughter of Lewis the 12 and so neere a cousin to those of Guise the Dukes wife being the Cardinals neece that they could not chuse but fauour him in regard of their neerenesse in blood He gaue him foure particular Commissions to fauour the Catholiques and oppose the Protestants to diuert the Nationall Synode and And giueth him foure commissions assembly of the Prelates to sollicite the going of the Prelates to the Councell and to cause an abrogation of the constitutions made in matters Ecclesiasticall While the Legate was preparing to goe there fell our an accident which made the Kings neerest friends feare the Catholiques as much as the Protestants For the fourteenth of Iuly Arthurus Defiderius was apprehended A supplication sent out of France into Spaine neere to Orleans who was sent into Spaine with a Supplication written in the name of the Clergie of France in which they demaunded the assistance of that King against the Protestants because they could not bee suppressed by a boy and a woman with other more secret instructions in cipher to be imparted to his Maiestie This man being imprisoned and interrogated of the confederates discouered some whom it was dangerous to make knowen for which cause they resolued to proceede no further but condemned him to make honourable satisfaction to teare the supplication and to bee perpetuall prisoner in the Monasterie of the Carthusians But many of his confessions being divulged the Kings Counsel thought fit to giue the other partie some satisfaction Whereupon the King did prohibite the names of Hugonotes and Papists ordaining that no man vnder pretence of discouering the Congregations for religion which were forbid should enter with The King maketh an ocdination in fauour of the Protestants many or few into another mans house that those who were in prison for religion should be set at libertie and that those which fled since the time of Francis the first might returne and repossesse their goods in case they would liue like Catholiques or if they would not might sell them and goe to another place The Parliament of Paris did oppose and said it was a kinde of grant of libertie of religion which was neuer knowen in France that the returne of the fugitiues would cause great troubles and that the libertie to sell their goods and goe to another place was against the lawes of the Kingdome which doe not giue leaue to carry foorthany great quantitie of money But notwithstanding all these oppositions the Edict was executed so that the Protestants being increased in number and making more and greater assemblies then they were wont the King with the Queene and Princes went into the Parliament to prouide a remedy by the mature counsel of men skilfull in matters of State and Iustice The Chancellour said they were not to speake of Religion but of making prouision against dayly tumults which did arise by the meanes of it lest being made licontious by raising of stirres they might lay aside all obedience to the King There were three opinions 1. To suspend all punishments against the Protestants vntill the decision of the Councell 2. That they should bee capitally proceeded against 3. That they should bee punished by the Eclesiasticall Court forbidding their Congregations either publike or priuate and liberty to preach or administer the Sacraments but after the Romane fashion In conclusion they tooke a middle course and made an Edict which is called the Edict of Iuly That all should abstaine from doing iniuries and liue in peace The Edict of Iuly that the preachers should not rayse tumults vpon paine of death that none should preach or administer the Sacraments but according to the Romane Rite that the Ecclesiastiques should bee iudges of heresie that if the person guilty were deliuered to the Secular power no greater punishment should bee inflicted then banishment and this to continue till a Generall or National Councell did determine otherwise that all those who haue mooued any tumult for the cause of Religion should be pardoned liuing hereafter in peace and like Catholiques Afterwards treating how to accommodate the controuersies it was ordained that the Bishops should meete in Poisi the tenth A Colloquie is ordained at Poisi of August and that the Protestant Ministers should haue a Safe Conduct to come thither This was contradicted by many of the Catholiques who thought it strange dishonourable and dangerous to put the Religion of their predecessours receiued vntill that time to compromise and in hazard In which the Card of Loraine vndertaketh to confute the heresiques But they yeelded at the last because the Cardinall of Loraine promised largely that hee would confute the heretiques and take the burden vpon himselfe wherein hee was assisted by the Queene who knowing his desire to make ostentation of his witte was willing to giue him satisfaction The Pope had newes at once of these two Edicts in which hee found some thing to commend and something to blame Hee commended the Parliament for maintaining the cause of religion and blamed it because they had ordered it contrary
of the Dutch Prelates would come to Trent and a doubt made also in regard of the Colloquie instituted that the French-men would treat onely amongst themselues and that the Councell would consist of noen but Italians except some few Spaniards the Italians were of opinion that a few of them would serue the turne so that many of them vsed meanes to the Pope to bee excepted who told them plainly that he was assured that all the Vltramontans would come The Italians desire to be excused from going to the Councell but cannot obtaine leaue of the Pope full of hopes to subiect the Popedome to the Councell which being the common interest of Italie whereby it is preferred before other Nations they ought to goe all thither for the publike defence that hee would not exempt any but rather take all hope from them saying that they might bee assured thereof seeing how diligent he was in sending the Legats thither For besides the Cardinall of Mantua and Scripando hee had sent Stanislaus Osius Cardinall of Varmia The next day hauing published the Emperours letters hee called a generall congregation of all the Cardinals though it were Sunday Hee treated of many particulars concerning the beginning and progresse of the Councell and promised to assist the poore Prelats with money but vpon condition they should goe thither and allowed them but eight daies to begin their iourney He shewed how necessary the Councell was in regard Religion was banished or endangered in some place euery day And he spake the truth For in Scotland in an assembly of all the Nobilitie of The Roman Catholike religion is banished out of Scotland the kingdome it was constituted that there should be no more exercise of the Romane Catholique Religion In August the Prelats did assemble in Poist where they treated of the reformation of the Cleargie without making any conclusion Afterwards the Protestant Ministers being come in number foureteene who were called and secured by a safe conduct amongst whom Peter Martyr a Florentine who came from Zuric and Theodore Beza who came from Geneua were the chiefe they gaue a petition to the King which had foure parts 1. That The Colloquie of Poisi in France the Bishops might not be Iudges in that businesse 2. That the King with his Counsellours would preside 3. That the controuersies might be decided by the word of God 4. That that which was agreed on and decreed might be written by Notaries elected by both parties The Queene would haue one of the foure Secretaries of the King to write and graunted that the King should preside but so that this should not bee committed to writing alledging that it was not fit for them nor profitable for the King considering the present times The Cardinall of Loraine desired the Kings presence in the publique assembly that it might be more frequent and adorned to make ostentation of his worth promising himselfe a certaine victorie Many of the Diuines perswaded the Queene not to suffer the King to bee present that those tender cares might not be enuenomed by pestiferous doctrine Before the parties were called to the combat the Prelats made a procession and did all communicate except the Cardinall Chastillon and fiue Bishops The other protested one to another that they meant not to handle points of doctrine nor matters of faith The second of September they began in presence of the King Queene Princes of the blood and the Kings Counsellors together with sixe Cardinals and fortie Bishops The King as he was instructed made an exhortation that being assembled to remedie the tumults of the kingdome and to In which the King speaketh biterely correct the things that were amisse he desired they should not depart before all differences were composed The Chancellor spake more at large to the same purpose in the Kings name and said particularly that the disease being And the Chancellor at large vrgent did require a present cure that the remedie which could bee expected from the Councell besides that it would bee slow would proceede from men who being strangers know not the necessities of France and are bound to follow the Popes will that the Prelates present knowing the needs of the kingdome and neere in blood are more fit to execute this good worke that although the Councell intimated by the Pope were held yet the like of this hath beene done at other times and is not without example that in the time of Charles the great many Councels were held at once and that many times the error of a generall Councel hath bin corrected by a National as Arianisme established by the generall Councel of Arimini was condemned in France by a Councel called by S. Hilarie He exhorted all to ayme at the same end and the more learned not to contemne their inferiors nor these to enuie those to auoid curlous questions not to bee auerse from the Protestants who were their brethren regenerate in the same Baptisme worshippers of the same CHRIST Hee exhorteth the Bishops to treat with them courteously seeking to reduce them but without seueritie considering that much was attributed to them in that they were suffered to be Iudges in their owne cause saying that this did constraine them to proceede with sinceritie and that in so doing they should stop the mouth of their aduersaries but transgressing the office of iust Iudges all would be invaine and to no purpose The Cardinall Tornon rose vp and hauing thanked the King Queene and Princes for the assistance they affoorded to that assembly said that the Chancellors propositions were of great importance and not to bee handled or answered vpon the sudden and therefore desired they might bee committed to writing the better to deliberate vpon them The Chancellor did refuse and the Cardinall of Loraine did vrge it The Queene perceiuing that this was required by the two Cardinals to The Queene mother commandeth Beza to begin draw the businesse in length gaue order to Beza to speake Who hauing prayed on his knee and recited the profession of his faith complained that they were accounted turbulent and seditious perturber of the publique peace though they had no other end then the glory of GOD nor desired to assemble themselues but to serue him and obey the Magistrates appointed by him Then he declared in what they do agree with the Church of Rome and in what they dissent he spake of faith good workes of the authoritie of Councels sinnes of Ecclesiasticall discipline obedience to Magistrates and of the Sacraments and entring into the matter of the Eucharist hee spake Who sheweth too much heate with such heate that he gaue but ill satisfaction to those of his owne partie so that he was commanded to conclude And hauing presented the Confession of his Churches and desired it might bee examined he made an end The Cardinall Tornon full of disdaine rose vp and said that the Bishops euen forcing their consciences had consented to heare these new
determination to the Cardinals exhorting them to consider that it did not stand with the honour of the Apostolike Sea nor of that Colledge to receiue rules and reformations from others and that the condition of the times when all crie out for reformation not vnderstanding what The Pope promiseth to make a reformation in the Court. it is did require that in regard of the glorious name thereof it should not bee refused that in this contrariety of reasons the best temper was to make by way of preuention a reformation of his owne accord which would not serue to that purpose onely but win commendations also by making himselfe an example to others that for this cause hee would reforme the Penitentiary and Datary principall members of the Court and afterwards consider of smaller matters and he deputed cardinals for one and the other charge He discoursed of the causes why the opening of the Councell could And hastneth the opening of the Councell no longer be deferred For it being discouered that the Vltramontans haue bad ends and disseignes to abate the absolute power which GOD hath giuen to the Pope of Rome the more time they haue to thinke on it the more their plots will encrease and that there is danger that by time some of the Italians may bee gained also that therefore it is the safest way to vse expedition and that if the great expences which are made in maintaining the Prelats be not quickly ended the Apostolike Sea will not bee able to beare them Afterwards he gaue the crosse of the Legation to the Card. Altemps with order to put himselfe in readinesse and to bee in Trent at the opening of the Councell if it were possible The cause why hee reuoked the order giuen at the departure of Cardinall Simoneta to open the Councell at his arriuall was the instance of the Emperours Ambassador in Rome that the Ambassadours of his Master might bee present at it But afterward hauing aduertized his Holinesse that they would be in Trent before the midst of Ianuary hee earnestly entreated the Marquis of Pescara whom the King of Spaine had sent Ambassadour to the Councell to bee in Trent and assist at the opening of it Hee solicited the Venetians also to send their Ambassage beeing carefull that that ceremony should passe with reputation Notwithstanding he wrote to the Legats to open the Councell so soone as the Ambassadors of the Emperour and of the forenamed Princes were arriued and that if they came not by the middest of the moneth they should deferre it no longer And in this coniuncture the yeere 1561 did end THE SIXT BOOKE OF THE HISTORY OF THE COVNCELL OF TRENT THe Legats 1562 PIVS 4. FARDINAND ELIZABETH CHARLES 9. in conformitie of that which the A generall congregation is hel the 15. of April in which two great controuersies did arise Pope had last commanded the fifteenth of Ianuary made a generall Congregation in which the Cardinall of Mantua as prime Legate made a discourse to shew how necessary and fit it was to open the Councell and exhorted the Prelates to promote so sacred and pious a worke with fastings almes and frequent Masses Afterwards the Bull of the Legation was read dated the tenth of March which was in generall termes with the vsuall clauses that he sent them as Angels of peace to preside in the Councell which was to begin at Easten After this three other Briefes were read The first dated the fifth of March and was a facultie to the Legates to giue leaue to the Prelates and Diuines to reade during the time of the Councell bookes prohibited The second dated the three and twentieth of May that the Legates should haue facultie to absolue those who would secretly abiure for cause of heresies The third was dated the last of december in which the Pope to take away all controuersie which might happen betweene the Prelates about precedencie doth command that the Patriarkes should haue the first place the Archbishop the second and the Bishops the third regarding onely the time of the promotion not the dignitie of the Sea or of the Primacie whether true or pretended This being read Friar Bartholomew de Marâ—iri Archbishop of Braga in One about precedence of the Prelates Portugall exclaimed that the Councell should begin with doing iniurie to the principall Churches of Christendome saying that his Sea which had the Primacie of Spaine should by this sentence be made inferiour not onely to three Archbishopricks subiect vnto him but also to the Archbishop of Rosano who hath no Suffragan and to the Archbishops of Nissia and Antiuari who haue not any residencie and scarce any Christians to gouerne that it is not equitable to make one law for ones selfe and another for others and to pretend the preseruation of ones owne right and to depriue others of theirs He spake so earnestly that the Legats were troubled and did hardly pacifie him though they caused a declaration to bee written that the Popes meaning and theirs was that no man should gaine or lose any right by that Decree neither in 〈…〉 possission but that euery Primate whether true or pretended should after the Councell remaine in the same state in which hee was before The Archbishop beeing with much adoe appeased the other Spaniards made request that the opening of the Councell Another whether this Conuocation of the Councell should be a continuation of the old or a new Councell might be declared to be a continuation of that which was begun vnder Paul and prosecuted by Iulius le 〈…〉 any one might cauill that it was a new Councell The Bishop of Zante who had been in Germany and knew how that action would be calumniated and how distastfull to the Emperour replied that as the things already determined ought not to bee questioned but held as decided so to declare so much now without necessitie would cut off all hope from the Emperour and French King to finde such a coniuncture as that the Protestants would submit themselues to the Councell and assist in it The Legats especially Mantua and Varmiense did second the opinion of the Bishop with many discourses and much was spoken on both sides very bitterly and the Spaniards sayd they would protest and returne yet after many consultations they finally agreed to desist from their instance not to oppose the Emperour the French King the Dutchmen and Frenchmen nor to giue matter of complaint to the Protestants so that no words were vsed to signifie it was a new Councell or to preiudice the continuation The Cardinals promised in the Popes name that his Holinesse would confirme whatsoeuer was done in Trent in the two precedent Councels though this were dissolued without conclusion The Spaniards were content and after long discoursing it was concluded that a forme of words should be vsed A decree for opening the Councell to signifie that the Councell did begin to be celebrated all suspension being remoued which
could not without danger and assistance of money thinke of Councels and some sayd that there beeing a diuision of the Protestants it was good to let them alone and not to name them alleadging that it was dangerous to mooue in a body ill humours which were at quiet To giue a Safe Conduct to English men which neither they nor any of them doe require would bee a great indignitie They were content it should bee giuen to the Scots because the Queene would demand it but so as that the demaund should first bee made For France there was a doubt made whether the Kings Counsell would take it well or not because it would bee thought to bee a declaration that the King had rebels Of Germanie none could doubt because it had beene formerly graunted to them and if it were graunted to that Nation alone it would seeme that the others were abandoned Many thought fitte to grant it absolutely to all Nations but the Spaniards did oppose and were fauoured by the Legates and others who knew the Popes minde to the great indignation of those who thought that an inference might bee made that the Councell was not aboue the Inquisition of Spaine In the ende all difficulties were resolued and the Decree framed with three parts In the first a Safe Conduct was giuen to the Germans iust word by word as it was made in the yeere 1552. In the second it was sayd that the Synod doeth giue Safe Conduct in the same forme and words as it was giuen to the Dutchmen to euery one who hath not communion of faith with her of euery Nation Prouince Citie and place where any thing is preached taught or beleeued contrary to that which is beleeued in the Church of Rome In the third it was sayd that although all nations The Decree of the Safe Conduct doe not seeme to be comprehended in that extention which hath been done for certaine respects yet those who repent and returne to the bosome of the Church are not excluded of what nation soeuer they be which the Synod desireth should be published to all But because it must be maturely consulted on in what forme the Safe Conduct must bee giuen them they haue thought fit to deferre that point vntill another time thinking it sufficient for the present to prouide for the securitie of those who haue publiquely abandoned the doctrine of the Church The Decree was presently printed as was fit it being made onely to bee published Yet the Synode did not keepe promise to consult of the forme of the Safe Conduct to be giuen to those of the third kinde and in printing of the body of the Councell this third part was left out leauing it to the speculation of the world why they did promise to prouide for those also and publish it in print with a desire to haue all men know it and afterwards not to do it and labour to conceale that which then they did desire to manifest The Emperours Ambassadours sollicited the Legates to make the reformation and to write to the Protestants exhorting them to come to the Councell as was done to the Bohemians in the time of the Councell of Basil The Legats answered that for these fourty yeeres all both Prince and people haue desired reformation yet neuer any part thereof was handled but themselues did crosse and hinder it so that they haue been constrayned to abandon the worke that now they will endeauour to make a generall reformation of all Christendome but for one particularly for the Clergie of Germanie which doth most neede it and which the Emperour doeth principally expect they saw not how they could make it seeing that the Dutch Prelats were not come to the Councell and for writing to the Protestants in regard they haue answered the Popes Nuncij with such exorbitant vnseemelinesse they could not but expect that they would make a worse answere to the Letters of the Synod The eleuenth of March the Legates proposed twelue Articles in the generall Twelue Articles to be discussed Congregation to bee studied and discussed in the next Congregations 1. What prouision might bee made that Bishops and other Curates may reside in their Churches without beeing absent but for causes iust honest necessary and profitable for the Catholique Church 2. Whether it bee expedient that none be ordained but vnto a title of some Benefice in regard many deceits are discouered which arise from ordination to a title of the Patrimony 3. That nothing be receiued for Ordination either by the Ordainers or their Ministers or Notaries 4. Whether it ought to bee granted to the Prelates that in the Churches where there are no dayly distributions or so small as that they are not esteemed they may conuert one of the Prebends to that vse 5. Whether great Parishes which haue need of many Priests ought to haue many titles also 6. Whether small Benefices with Cure which haue not a competent reuenue for the Priest ought to be reformed making one of many 7. What prouision is to be made concerning Curates ignorant and of a bad life whether it be fit to giue them coadiutors or able Vicars assigning them part of the reuenues of the Benefice 8. Whether power ought to bee giuen to the Ordinarie to incorporate into the mother Churches ruinated Chappels which for pouertie cannot be rebuilt 9. Whether it ought to be granted to the Ordinary that hee may visite Benefices held in Commenda though they be regular 10. Whether secret marriages which shall bee contracted hereafter ought to be made voyd 11. What conditions ought to bee assigned that a marriage may not bee esteemed secret but contracted in the face of the Church 12. What prouision ought to be made concerning the great abuses caused by the Pardoners After these the point following was giuen to the Diuines to bee studied One Article more concerning clandestine mariages and discussed in a Congregation appointed for that onely Whether as Euaristus and the Lateran Councell haue declared that clandestine or secret marriages are reputed not good both before the Iudge and in estimation of the Church so the Councell may declare that they are absolutely voyd and that secrecie ought to bee put amongst the impediments which doe make a Nullitie in the marriage In the meane space it beeing The Protestants of Germany treate a leaâ—ue and raise Souldiers discouered that the Protestants of Germanie did treate a league and make some leuies of Souldiers the Emperour wrote to Trent and to the Pope also that the Councell might surcease vntill it did appeare whither the motion did tend For this cause and because of holy dayes the residue of this moneth was spent in ceremonies onely The sixteenth day Franciscus Ferdinandus d'Aualos Marquis of Pescara The Spanish Ambassadour is receiued an oration is made in his name Ambassadour of the Catholique King was receiued in a generall Congregation and his Mandate being read an Oration was made on his name
This bred a suspicion in the Spaniards and French-men and the French Ambassadour exhorted him to desist from making prouisions of warre for feare of disturbing the Councell The Pope answered that the English men and Protestants of Germanie hauing declared themselues that they will assist the Hugonots of France it was not fit for him to be vnprouided that the world was full of heretiques and therefore it was necessarie to protect the Councell as well by force as by authoritie The Spanish Ambassadour went not the same way but confirming that the proceedings of the protestants were to bee suspected promised him all ayde and assistance in his Kings name which hee did to hinder the making of a league in Italie which would neuer haue beene pleasing in Spaine The Pope accepted the offer and vnderstanding at the And is pleased with his Legates same time the vnion of his Legats and how zealous they were to doe him seruice was much consolated And hee sent them word that they should hinder all speach concerning residence if it were possible or if they could not should make vse of pluralitie of voyces but aboue all that they should dispatch 〈…〉 ckely that they might conclude it before the comming of the French men and the assembling of the Dietin Germany that the Emperour for the great desire hee hath to make his sonne King of the Romanes may not suffer himselfe to be perswaded by the Protestants to propose in Councell something more preiudiciall then those things which haue been proposed already The French Ambassadours after they had often made a modest request The request of the French Ambassadors that their Prelates might be expected did the tenth of August present it in writing The tenor whereof was That the most Christian King resoluing to obserue and reuerence the Decrees of Councels which represent the vniuersall Church doth desire that the Canons of this may be receiued by the aduersaries of the Church of Rome of which those who are not separated haue no neede and hee thinketh that those which are to bee made will be more acceptable if the Session bee prorogued that vnto so great a multitude of Italian and Spanish Prelates the French Bishops may be added of whom in the ancient Councels of the Church great account hath beene made The cause of their absence which they the Legates haue heard before and iudged necessarie will cease quickely as it is hoped and in case it should not yet they will arriue before the ende of September because they are so commanded by the King And hereby it will come to passe also that the Protestants for whose sake the Councell was intimated who say euery day that they will bee present in it will haue lesse cause to complaine because they cannot require more maturitie in this weightie businesse nor accuse them for too much precipitation They demaunded that while their Bishops were expected that none might thinke that the King did designe that by this meanes the Councell should be idle or dissolue they would treat onely concerning manners and discipline and the two points remaining in matter of the Communion of the Cup. They added this last clause not to displease the Imperialists who had hope to obtaine it in that Session The Legats hauing consulted answered in writing that the prelats of France were before the Councel was opened expected almost sixe moneths and after it was begun which was principally done in regard of France they deferred to handle any matter of weight sixe moneths more into which because they are now entred it is not conuenient to desist because they could not so doe without dishonouring the Councell and much incommodating so many Fathers but to prolong the day of the Session was not in their power to grant without consent of the Fathers and therefore that they could not expect from them a more determinate answere The French-men then desired that it might be granted to them to make their proposition in the Congregation But the Legates answered that before it had been tolde them and all the other Ambassadours that they might negotiate with none but the Legates and that it was formerly decreed in that same Councell that Ambassadours might not publiquely speake in Congregation but onely the day in which they are receiued and their Mandate is read This made the French-men complaine much to the Bishops and especially to the Spaniards and to say it was a great absurdity that the Ambassages should be addressed to the Synod and the Mandats presented to it and yet they might not treate with it but with the Legats onely as if they were Ambassadours to them who are but Ambassadors themselues as the Pope who sendeth them is a Prince and as hee is a Bishop and the first Bishop they are but Proctors of one who is absent and haue beene alwayes so esteemed in ancient Councels They alleadged the example of the Councels of Nice Ephesus Chalcedon Trullus of the second of Nice also and that the breach betweene the Pope and the Councell of Basil was because they pretended to change this ancient and laudable institution That this was a kinde of grieuous seruitude in the Councell that they could not be heard and an iniurie to Princes who could not treate with those with whom they were to manage the affaires of their states that the Decree alleadged by them was not shewed and that it was fit to see it and to know from whom it proceeded For if the Legates for the time being did make it they did extend their authoritie with great exorbitancie if the Synode it was necessary to examine how and when For it was an intolerable inconuenience which was done in the beginning of this last Conuocation of the Councell that the Legates with a few Italian Prelats who came from Rome onely should make a Decree and practise it with rigour that nothing may bee proposed but by the Legates so that the way is barred to all Princes and Prelates to bee able to propose a good reformation which would bee for the seruice of God but in stead of that the doctrine controuersed with the Protestants is handled in their absence without any benefit of the Catholiques who doe not doubt of it and aliening the Protestants by condemning them before they are heard And their complaynts were renewed when they were enformed from Monsieur de l'Isle Ambassadour of their King in Rome that by the Kings order hee had made the same request to the Pope that the French Bishops might bee expected all September and that his Holinesse had referred it to the Legates Lansac sayd it was a thing worthy of eternall memorie The Pope referred it to the Legates the Legates cannot doe it without the Synode and that cannot heare them and so the King and the world are deluded The eleuenth of August the Bishops began to giue their voyces concerning the Decrees in matter of the Sacrifice and almost all did lightly and vniformely passe
for the deferring of it Wherefore though the time was past they came to the Legates and told them they had a new commission from the King to make request that they would labour in the reformation and for points of doctrine expect the comming of his Prelates adding that if the matter of Order and Matrimonie were disputed by the Diuines and handled by the Prelates no more points of doctrine would remaine and the comming of the Frenchmen would bee to no purpose Wherefore then request was that they would be pleased to deferre them vntill the end of October imploying themselues in the meane space in the matter of reformation or one day in that and another in matter of doctrine not deferring as they had done all the matter of reformation vntill the last dayes immediatly before the Session so that there scarce remained time so much as to see the Articles much lesse to consult vpon them The Legates answered that their propositions did desire to be weighed well To which the Legates answered and that they would be carefull to giue them all possible satisfaction demanding a copie of their instructions that they might resolue the better The Ambassadours gaue them a writing of this tenour That the King hauing seene the Decrees of the sixteenth of Iuly concerning the Communion Sub vtraque and deferring two Articles in the same matter and those proposed in the Congregations concerning the sacrifice of the Masse howsoeuer hee commendeth that which is done yet he cannot conceale that which is generally spoken that is that the matter of discipline and manners is either quite omitted or slenderly handled and the controuersed points in Religion in which all the Fathers doe agree hastily determined Which although hee thinketh to bee false yet hee desireth that the propositions of his Ambassadours may bee expounded as necessary to prouide for the good of Christendome and the calamities of his Kingdome And hauing found by experence that neither seuerity nor moderation hath beene able to reduce those who are separated from the Church hee thought fit to haue recourse to the Generall Councell which hee hath obtained of the Pope that hee was sory that the tumults of France did hinder the comming of his Prelates that hee saw well that the constancie and rigour in continuing the forme begunne by the Legats and Bishops was not fit to reconcile peace and make an vnity in the Church that his desire was that nothing might bee done to aliene the mindes of the aduersaries now in the beginning of the Councell but that they may bee inuited and in case they come receiued as children with all humanitie hoping that by this meanes they will suffer themselues to be taught and brought backe to the bosome of the Church And because all that are in Trent doe professe the same Religion and neither can nor will make doubt of any part thereof hee thinketh the disputation and censure in poynts of religion to bee not onely superfluous but impertinent for the Catholiques and a cause to separate the aduersaries the more For hee that thinketh they will receiue the Decrees of the Councell in which they haue not assisted doeth not know them well neither will any thing bee done by this meanes but arguments ministred of writing more Bookes Therefore the King thinketh it better to omit the matter of Religion vntill the other of Reformation bee well set in order and that this is the scope at which euery one must ayme that the Councell which now is great and will bee greater by the comming of the Frenchmen may produce fruit Afterwards the King demandeth that in regard of the absence of his Bishops the next Session may bee put off vntill the end of October or the publication of the Decrees deferred or a new order expected from the Pope to whom hee hath written labouring in the meane while in the matter of Reformation And because he vnderstandeth that the ancient libertie of Councels is not obserued that Kings and Princes or their Ambassadours may declare the necessities of their States his Maiestie demandeth that their authoritie may bee preserued and all reuoked which hath been done to the contrary The same day the Emperours Ambassadours came to the Legats requiring The petition of the Emperors Ambassadors that the Articles sent by his Maiestie and presented by them might bee proposed and were very earnest that the points of doctrine might bee deferred vntill the comming of the Frenchmen and that the reformation may bee seruiceable not onely for the whole Church but for the Church of euery particular Kingdome their desire was that two of euery Nation might bee deputed to put them in minde of that which did deserue to bee proposed and discussed in Councell The Legats made a common answere to them both that they could not alter without great preiudice the order set downe which was to handle Doctrine and Reformation both together and if they should that other Princes would oppose but to content them they would ordaine that the Diuines and Prelates should examine the matter of Order onely and afterwards handle some poynts of Reformation obseruing still the former vse that euery one of what condition soeuer may put them the Legats in minde of what they thinke necessary profitable or conuenient which is a greater liberty then to haue two deputed for euery nation and afterwards they would treat of Matrimonie The Ambassadours being not one iote contented the Legats sent all their demands to the Pope The Frenchmen complained to all men of this austeritie and for that the Pope had lately commanded other Prelats to goe to the Councell that hee might exceed in number which the Papalins themselues did not like should bee done so openly and iust when the newes was spread of the comming of the French-men desiring to be secured by a maior part yet so as not to haue it knowne for what cause it was done But the Pope did of set purpose proceede 〈◊〉 openly that the Cardinall of Loraine might know that his attempts would be in vaine and so resolue not to come or that the Frenchmen might take some â—easion to make the Councell dissolue Neither was the Pope oâ—â—ly of 〈…〉 pinion but all the Court fearing some great preiudice by the Cardinals desseignes which howsoeuer they might not succeede a thing which they could scarce hope hope 〈…〉 yet his comming onely would hinder prolong and disturbe the Councell Ferraâ—â— told Loraine his kinseman 〈◊〉 his iourney would bee of no moment and of small reputation to himselfe in regard hee would arrâ—ue after all was determined and Biancheto a familiar friend of the Cardinall of Armignac who also had credit with Loraine 〈◊〉 as much to them both and the Secretary of Seripando who had 〈…〉 ritie 〈◊〉 the President Ferrier â—olde him the same all which was though too bee do 〈◊〉 by commission from the Pope or to please him at the least But tâ—â—ir care of the actions of the
and maketh a speach with the Ambassadours Lansac and de Ferrieres He presented the Kings letters directed to the Councell and then made a long discourse to shew his inclination to serue the Apostolique Sea promising to communicate all his designes to the Pope and to them the Legates and not to desire any thing but to the good satisfaction of his Holinesse Hee said hee would not bee curious in vnprofitable questions adding that the two controuersies of the institution of Bishops and of residence which were spoken of euery where had diminished the authority of the Councell and taken away the good opinion the world held of it For his owne part he professed hee was more inclined to the opinion which doeth affirme them de iure diuino yet though it were certainely true hee saw no necessitie or opportunitie to proceede to the declaration thereof that the end of the Councell ought to bee to reunite those to the Church who were separated that himselfe had beene at a parley with the Protestants and had not found them so different but that they may bee reduced if the abuses were taken away and that no time is more fit to win them then this because it is certaine they were neuer so vnited to the Emperour as now that many of them and in particular the Duke of Wittemberg was willing to assist in Councell but it was necessary to giue him satisfaction by a beginning of reformation in which the seruice of GOD did require that their Excellencies should imploy their labour hee shewed the desire of the King that fit remedies might bee applied to the necessities of his people seeing that as he had warre now with the Hugonotes so if the abuses were not prouided against hee should haue more to doe with the Catholiques whose obedience will bee quite lost that these were the causes why his Maiestie had sent him to the Councell Hee complained that of all the money which the Pope promised to lend the King he could receiue but fiue and twentie thousand crownes disbursed by the Cardinall of Ferrara in regard of the limitations put in the Mandats because they could not be exacted but vpon certaine conditions to take away the Pragmatikes of all the Parliaments of the kingdome a thing of so great difficultie that there was no hope euer to receiue one pennie In the end hee said hee had brought new instructions to the Ambassadours and therefore when hee had spoken to the Synode in the Kings name in the first congregation he would afterwards only deliuer his suffrage as an Arch-Bishop not medling with the affaires of the kingdome but leauing the care thereof to them The Legats answered without consultation as euery one thought good The answere of the Legats commending his pietie and deuotion towards the Apostolike Sea and offering to impart all their affaires vnto him They shewed what patience they vsed in suffering the libertie or rather the licence of Prelats in their speeches who went vp and downe and mooued new questions but now his excellencie being ioyned with them they doubted not but by his aduice and assistance they might be able to represse this great boldnesse and compose the differences risen and proceede heereafter in so comely a manner that the world might receiue edification which before had conceiued a bad opinion that the euill will of the Protestants was too much knowne who when they shew themselues not auerse from concord then it is to bee doubted that they inuent new occasions of greater difference that it is certaine that they haue demanded a Councell because they thought it would bee denied them and at the same time when they required it they indeauoured by all meanes to hinder it as now those who are assembled in Francfort laboure that it may not proceede and vse meanes to the Emperour to interpose some impediment that they hate the very name of the Councell as much as of the Pope neither haue they formerly made any other vse of it then to couer and excuse their apostacie from the Apostolike Sea that there was no hope of their conuersion and therefore meanes only was to bee vsed to preserue the good Catholikes in the true faith They commended the pietie and good intention of the king and shewed the desire of the Pope for reformation and what hee had done to reforme the court not regarding the diminution of his owne reuenues and that hee had alwaies written to the Councell that they would labour in the same businesse whereunto themselues the Legates were much inclined and disposed but were hindred by the contentions of the Prelates which consumed almost all the time that if in France there bee danger to loose the obedience of the Catholikes it is a matter to bee treated of with his Holinesse Concerning the loane of money they saide the paternall charitie of the Pope towards the King and Kingdome was so great that they might bee assured that the conditions were put in for pure necessitie And after diuers complements they concluded that on Munday hee should bee receiued in the generall congregation to declare to the Fathers the occasion of his comming and to reade vnto them the Kings letters The Legates were troubled with these wordes of the Cardinall that hee would not meddle with the affaires of the Kingdome but leaue them to the Ambassadours which were not conformeable to those which Lansac and de Ferrieres had vttered a little before saying they were glad of the Cardinals comming because they should be eased of all paines all being as they said to depend vpon his Honourable Lordship They concluded that they were to take heede of those dissimulations and the rather because Cardinall Simoneta had receiued certaine aduice from Milan that the French Abbots lodged in Saint Ambrose said they would ioyne with the Spaniards Dutch-men and Vltramontanes and treat of matters which would not please the Court. Besides the French-men were heard to say in all their discourses that time was not to bee lost in questions but the reformation to bee spoken of that they ought to begin with taking away pluralitie of Benefices and that the Cardinall would bee the first to leaue them to giue example that dispensations are to bee giuen gratis that the Annates preuentions and small dates ought to be remooued and onely one prouision made for a Benefice amplifying also the matter that the Pope had a most excellent occasion to gaine immortall glory by making the foresaid prouision to satisfie Christian people and to vnite and appease them by prouiding against these abuses and inconueniences and that in recompense they would pay vnto his Holinesse an halfe Tenth that they were come thither resolute not to depart before they had attempted to make all these prouisions how long soeuer they taryed there that in case they saw they could not preuaile they would make no clamour but returne quietly into France and make the same prouisions at home The Legats also had
fit to dissemble it Hee sent into France fourtie thousand Crownes the residue of the hundred thousand which hee promised And hee caused Sebastianus Gualterus Bishop of Viterbo and Ludouicus Antinori to goe to Trent who hauing bin in France had some acquaintance with some of those Prelats and had made themselues knowne to the Cardinall vnder colour to honour him And hee wrote to this Cardinall and to Lansac letters full of complement and confidence Yet they thought that these men were sent to discouer the Cardinals intention and to obserue his proceedings and the rather because they had receiued aduice from Rome that the Bishop had exhorted the Pope not to be so much afraid in regard the Cardinall also would finde difficulties and impediments more then he beleeued hee should and said that himselfe would make more to arise The 22. of Nouember the Cardinall resolued to enter into the Congregation the day following and it was agreed that the Kings letters should be read and himselfe make a speach But Loraine proposed also that the Ambassadour de Ferrieres should make another To this the Legates did not consent because if this had beene once permitted both hee and all other Ambassadours would still bee desirous to speake and propose with danger of making greater confusion but concealing this cause they said that neither in this Councell nor vnder Paul or Iulius it was euer permitted to Ambassadours to speake in Congregation but onely when they were first receiued and that without the Popes consent they could not yeelde to such a nouitie But Loraine answered that the Kings letter and the instruction beeing new it might bee called a new Ambassage and that the first entrance After many answeres and replies Loraine hauing giuen his word that they should not desire to speake any more the Legates to giue him satisfaction and that hee might not haue cause of open distast were contented Therefore the next day the Congregation beeing assembled the Kings letter was read with this inscription To the most holy and most reuerend Fathers assembled in Trent to celebrate the sacred Councell In which hee said that it hauing pleased God to call him to the Kingdome it hath pleased him also to afflict him with many warres but hath so opened his eies that howsoeuer hee be yong hee knoweth that the principall cause of the euils is The French Kings leters the diuersitie of religion By meanes of which diuine illumination in the beginning of his Kingdome hee made instance for the celebration of the Councel in which they were then assembled knowing that in them the ancient Fathers haue found the most proper remedies to the like infirmities and that he was grieued that being the first to procure so good a worke hee had not beene able to send his Prelates with the first the causes whereof beeing notorious hee thought hee was sufficiently excused and the rather because the Cardinall of Loraine was now arriued accompanied with other Prelats That two principall causes hath mooued him to send that Cardinall the first his owne great and frequent instance to haue leaue to satisfie his duty in regard of the place he holdeth in the Church the second because being of his Priuie Councell and exercised from his youth in the most important affaires of the Kingdome he knoweth the necessity thereof better then any other and whence the occasions doe arise so that he will be able to make a relation vnto them conformable to the charge which is giuen him and demand in his name the remedies which are expected from their wisdome and fatherly affection as well for the tranquillity of the Kingdome as for the generall good of all Christendome Hee beseeched them to proceede herein with their wonted sincerity that they may come to an holy reformation and that the ancient lustre of the Catholique Church may appeare in the vnion of all Christendome in one religion which will bee a worke worthy of them desired by the whole world recompenced by God and commended by all Princes In conclusion for the particulars hee referred himselfe to the Cardinall praying them to beleeue him in whatsoeuer heâ— should say vnto them on his part After this the Cardinall spake In the begining hee shewed the miseries The speech of the Cardinall of â—oraine of the Kingdome deplored the warres the demolitions of Churches occisions of religious persons conculcation of the Sacrament burning of the libraries images and reliques of Saints ouerthrowing of the monuments of Kings Princes and Bishops and expulsion of the true Pastours And passing to ciuill matters hee shewed the contempt of the Kings Maiestie vsurpation of his rents violation of the lawes and seditions raised amongst the people He attributed the cause of all this to the corruption of manners to the ruine of Ecclesiasticall discipline and negligence in repressing heresie and in vsing remedies instituted by God Turning to the Ambass of Princes he told them that that which they doe now behold at leasure in France they shall find at home when it will be too late to repent if France tumbling downe with its owne weight shall fall vpon places neere vnto it He spake of the vertue and good disposition of the King the counsels of the Queene and King of Nauarre and of the other Princes but said the principall matter was expected from the Synode whence the peace of God which passeth all vnderstanding ought to come That the most Christian King being assured hereof in regard of his obseruance towards that Synod and of his sorrow for the differences of religion did demand two things of them The first that they would auoyd new discords new and vnprofitable questions and cause a suspension of Armes amongst all Princes and States that scandall may not bee giuen to the Protestants and occasion to beleeue that the Synode doth more labour to incite Princes to warre and to make confederations and leagues then to keepe the vnity of peace That King Henry hath first established it and then Francis continued it and that the present King vnder age and his mother haue alwayes desired it which how soeuer it hath vnhappily succeeded yet they might feare that the accidents of the warre would bee more vnfortunate For all the states of the Kingdome beeing in danger of shipwracke one cannot helpe another Hee therefore desireth that some account may bee held of those who are gone astray from the Church pardoning them as much as may be done without offending God and holding them for friends as much as is possible euen as farre as vnto the Altars The second request common to the King with the Emperour and other Kings and Princes was that a reformation of maners and of Ecclesiasticall discipline should bee handled seriously wherein the King did admonish and coniure them by CHRIST our LORD who will come to iudgement that if they meant to restore the authoritie of the Church and retaine the Kingdome of France they would not balance the incommodities
religion cannot be concluded in the Councel the conditions of Passau may remaine inuiolable as also the peace of religion made in Ausburg in the yeere 1555. may continue in strength and force and euery one bound toobserue it 10. That concerning the foresaid conditions a fit and sufficient caution be giuen The Emperour hauing receiued the writing promised to labour for concord and to vse meanes that the Councell may be celebrated where they cannot refuse with reason to assist so that on their part they would lay aside hatred and passion which are contrary to Christian peace And to this end hee offered to goe in person to Trent and resolued to passe to Ispruc so soone as the Diet was ended where beeing distant from Trent but foure small dayes iourney he might in a short time effect whatsoeuer was necessary But in Councell the Prelats hauing made an end of giuing voyces concerning the Institution so much discussed no resolution was made because the Legates did expect it from Rome But they gaue foorth the Canon of Residence hauing first imparted it to the Cardinall of Loraine which was as was sayd before without the declaration whether it was de iure diuino or no but with rewards and penalties And Loraine giuing his voyce first said it was necessary to grant power to the Bishops to absolue from cases reserued In caena Domini which he protested hee spake not to diminish the authoritie of his Holinesse but because hauing seene in France that no transgressour thereof did care to goe or send to Rome for absolution he thought it worse both for the soules of the people and for the dignitie of the Apostolique Sea to leaue them in those censures Hee added also that hee thought it not fit so to tye Bishops to residence that they might not bee absent for iust causes which were to be referred to the iudgment of his Holynesse Hee said moreouer that the publike emploiments in the affaires of Kingdomes and republikes were to bee accepted because they seeme not to be aliene from the Episcopal charge especially in Kingdomes where the Ecclesiasticall order is a member of the State as in France and the Kingdomes of Spaine also The Cardinall was very prolixe and howsoeuer he repeted often that Residence was necessary and that it was fit to make prouision for it yet hee interposed so many exceptions and excuses that in the end no man could iudge whether he would haue any constitution to be made for it or no. The Legates imparted the Articles of reformation for the future Session to the Ambassadors also according to promise before they were proposed in Congregation which were all for remedies of the abuses in the Sacrament of Order And therefore the French Ambassadours and Bishops met in the house of Loraine to consider of them and deputed foure Bishops to examine whether any thing was contained in them preiudiciall to the priuiledges of the French Church or whether any thing might bee added for the seruice of their Countrey and withall they gaue order to the Ambassadour de Ferrieres to collect in Congregation of the same Bishops all the reformations formerly proposed in Trent vnder Paulus and Iulius and in the present Councell also and in the Congregation of Poisi to make an abstract of them and adding vnto them those which were contained in the Kings instructions and whatsoeuer seemed good vnto them besides should compose Articles for all Christendome and France especially But the Imperialists seeing that none of the Reformations mentioned by them were proposed called together all the Ambassadors Prague spake vnto them and told them that much time was consumed in Councell with doing of nothing that the Legates had often promised to handle Reformation and yet they were entertained with speculations or with prouisions against small abuses that it was time to make an effectuall instance that they would begin to handle important and vrgent matters and that if all would ioyne in requesting the execution of so many promises made by the Pope and the Legates there might be hope to obtaine All consented but when they came to particulars they were so different that they could not agree but in the generall onely to demand a Reformation Whereupon it was resolued that Prague in deliuering his voyce should desire it in the name of all and so he did And in the matter of residence he said in few words that the entertainments being taken from the Prelates which they enioy in the Courts of Rome and other Princes any Decree would suffice The opinion of the Arch-Bishop of Otranto was that the Decree of the said Councell vnder Paul the third was sufficient adding onely the Popes Bull dated the fourth of Sept. 1560. Others demanded that the causes of absence which the Synode deemeth to be lawfull should be expressed because the greatest difficultie is like to arise vpon this point The Bull named by Otranto did containe a command of personall residence vnder the penalties declared by the Councell and foure graces to those which reside That is that they may not be cited to the Court but with Commission signed by the Pope That they shall be free from all impositions ordinary and extraordinary though imposed at the petition of Princes That they may exercise iurisdiction against euery Secular Clerke or Regular dwelling out of his Cloyster That no appeale may lye from their sentences but onely from the definitiue Others were content with the Decree as it was porposed by the Legates but with some alteration all fit for their owne respects which were as many as there were persons Some required that the declaration de iure diuino might be made And there was a fourth opinion that although it be de iure diuino yet it was not fit to make declaration thereof The Cardinall of Loraine assembled the French Prelates to dispute vpon this poynt who concluded vniformely that it was de iure diuino The Bishop of Angiu was the first that gaue his opinion so and all the rest did follow him But in the generall Congregation of the Synode the Prelates were vnspeakeably tedious whereof the Cardinall of Loraine complained to the Legates desiring to haue those matters dispatched that they might come to the reformation repeating the words so often vsed that if satisfaction be not giuen them in Trent they will take it at home Frier Albertus Duimius Bishop of Veglia alledging that the point of Residence The suffrage of the Bishop of Veglia concerning residence was discussed in the Councell vnder Paul the third and the decision deferred vntill another time said that therefore it was necessary to see the reasons then alledged by the Prelates that now they had giuen their voyces without alledging reasons which himselfe would not doe esteeming reasons more then authoritie and multitude of opinions And then he began to recite all the reasons for proofe that it is de iure diuino and to resolue the contrary He insisteth much vpon the
King refused to goe thither to oppose his person against the ill disposition of the people and the dessignes of the Grandies as Granuel the chiefe in that Gouernment had giuen him counsell For that wise King knew how dangerous it was to be contemned to his face and doubted that in stead of gaining Flanders hee should make it more contumacious and in the meane while loose Spaine But he thought The Queene mother resuseth the Spanish armie that by subduing the Frenchmen who rebelled against their King hee might make an absolute prouision against the contumacie of his owne Subiects And therefore he offered the Queene great assistance of men and money sufficient to subiect the whole Kingdome vnto her But the Queene refused the men and demanded the money knowing that if she had receiued a Spanish armie she should haue beene forced to gouerne France not according to her owne intrests but of the King of Spaine Yet taking a middle course she receiued sixe thousand men with which and with her owne forces conducted by the Constable and the Duke of Guise the battell was made the seauenteenth day aforesaid in which three thousand Hugonots and fiue thousand Catholiques were slaine and the Generals on both sides Conde and the Constable taken prisoners Neither of the armies was discomsited by venue of the Lieutenants on both sides Guise for the Catholiques and Colignie for the Hugonots The Queene did make Guise the Generall which did not deterre Collignie from maintaining his armie preseruing the places he possessed and making some progresse also For this victorie for so it was called though it deserued not the name thankes were giuen to God in Trent by all the Fathers assembled together making a procession singing a Masse Franciscus Belcarrus Bishop of Metz made an Oration also in which relating all the storie of the confusions of France since the death of Francis the second and the successe of the last warâ—e Solemnities are vsed in Trent for the victory in France hee gaue the praise of all that was well done to the Duke of Guise only Hee said Martin Luther was cause of all those troubles who though but a little sparke had raised a great fire first in Germanie and afterwards in all the Prouinces of Christendome except Italie and Spaine Hee exhorted the Fathers to assist the Christian common-wealth because they onely were able to extinguish that flame Hee told them that this was the sixe and twentieth yeere since Paul the third began to heale this disease by intimating the Councell there which was first deferred then dissembled and finally celebrated with diuers factions vntill it was transferred to Bolonia where there were many dilations and greater contentions and more bitter factions then before Afterwards it was recalled to Trent and by reason of the warres dissolued Now that they were come to the last there was no more place for dissimulation because the Councell would either reconcile the whole world or cast it headlong into an infallible ruine Therefore it was fit that the Fathers should not regard their priuate interests nor haue particular designes nor speake in fauour of others in regard the cause of religion was in question which will be vtterly ouerthrowne if they cast their eye vpon any thing besides This libertie of speach hee tempered with flatterie first towards the Pope then towards the Emperour kings of the Romanes and of Polonia He passed to the commendations of the Queene Mother of France and of the King of Portugal and in the end exhorted them to reforme the Ecclesiasticall discipline The Cardinall of Loraine hauing receiued newes of the imprisonment of the Prince was very glad particularly for the honour of his brother and desired the more to returne quickly into France to assist him in the Court and in the Kings Councell and to raise himselfe also one degree higher in regard Nauar and the Constable to whom hee was neccessarily to yeeld were both taken away The Pope was full of suspicion for the iourney to Ispruc which the Emperour The Pope is troubled that the Emperour will goe to Ispruc had published thinking hee would not goe thither without great designes and without assurance to effect them Hee beleeued hee had secret intelligence with France and Spaine but knew not to what ende but onely in generall that it was a plot against him Therefore hee resolued to goe in person to Bolonia to send eight or tenne Cardinals to Trent to make greater alliance with the Italian Princes and to confirme the Prelates his adherents in Councell vntill bee could finde some occasion to dissolue or suspend it And â—o hinder all treaties in Trent of reforming the Court hee laboured much himselfe in that businesse Hee reformed the Rota publishing a Briefe dated the seuen and twentieth of December in which he ordained that no Auditâ—r should proceede to a definitiue howsoeuer the case might be plaine before he made the proposition to the whole Colledge without 1563 PIVS 4. FEâ—â—INAND ELIZABETH CHARLES 9. PHILIP 2. consent of the parties that the sentences propounded in writing should be produced within fifteene dayes that the causes of the Auditors themselues or of their kinsfolke vnto the second degree or of any of their familie shall not bee heard in the Rota that the parties shall not bee forced to receue an Aduocate that no decision shall bee made against those which bee printed except two thirds of the voyces doe consent that they shall bee bound to remit euery cause which seemeth to bee criminall In the same Bull hee made also a taxe for moderation of fees Hee reformed likewise by other Bulls published the first of the next Ianuarie the signature of iustice the tribunals of Rome the office of the Friscall Aduocate ordaining what fees they should haue But the vsuall extorsions were so farre from being redressed by those prouisions that by transgressing the new orders they learned to violate the olde which were in some vse The Courtiers in Rome thinking the Catholikes in France had gotten an absolute victorie and that the Hugonots were reduced to nothing were exceeding glad For beleeuing that France had obtained that by Armes which it expected from the Synode and there being no further regard to bee had of Germanie which protested against it they thought that all causes of holding the Councel were ceased so that it might be suspended or deferred and them selues deliuered from feare which had increased euery weeke by reason of the nouities which happened in Trent But the Pope made no great matter of it For being informed that the Catholike forces were not augmented nor the Hugonots diminished and that this battell would giue occasion to treate a peace which could not bee without his preiudice nor without giuing matter of more nouities in Trent hee was more afraide and troubled then before And the yeere 1562. ended thus a congregation in Trent hauing beene helde the thirtieth of the moneth in which it was
resolued to prolong the Session and appoint a day for it within fifteene dayes The yeere 1563. began in Councell with the presentation of the articles of reformation made by the French Ambassadours which seemed very hard to the Legates and all the Papalins especially in those particulars in which 1563 The Articles of reformation they would haue the Rites of the Roman Church altered and in which the emoluments and profits which the Apostolike Sea receiued from other Churches were touched The Ambassadors added the vsuall Appendix not to call it a protestation that if their propositions were not imbraced they would prouide for their necessities in France The Legates were sure the Pope would bee vexed heerewith in regard of the promise made vnto him that they would not treat in Councell of the Annats and other pecumarie Rites but friendly compose the matter with him Therefore they thought it necessarie to send them to him by a Prelate and to informe The Bishop of Viterbois sent to the Pope his Holinesse And they elected the Bishop of Viterbo as being well instructed in the affaires of France where hee had beene Nuncio many yeeresand in the designes of the Cardinall and French Prelates of the Councell with whom hee had conuersed since their arriuall The Cardinall of Loraine informed heereof perswaded them to doe so and himselfe gaue him instructions to speake with the Pope The Bishop was so nimble that howsoeuer the Cardinall held that hee was sent vnto him for a spie and an obseruer yet hee carried himselfe so well that he gained the confidence of him and the Ambassadours without losing that which the Pope and Legates had in him The Prelate went with instruction to represent to the Pope all the difficulties which the Legats found and to bring backe a resolution how they should gouerne themselues in euery particular Hee had instructions from Loraine to desire his Holinesse to take in good part that which was desired by the King for the necessitie of his Kingdome and by them to execute the commands of his Maiestie and to offer his endeuours to accommodate the differences of the institution of Bishops and of residence which held the Councell employed in small matters The Emperours ministers seeing the Reformation of the Frenchmen and considering the Proheme thought they were noted to haue but small authoritie They complained to the Legates that the Articles of reformation mentioned by the Emperour and by them had not been proposed though they had giuen copies of them sent them to Rome and spread them throughout Trent desiring they may bee put together with those of the Frenchmen The Legats excused themselues in regard of the libertie which the Emperour by letters and themselues by word of mouth had giuen them to propose and omit what seemed them good adding that they did expect a fit time and that indeede the Frenchmen had not found a good coniecture while the differences of the two Canons doth continue which giueth much trouble to his Holinesse The Amdassadours were not so satisfied saying there was a great difference betweene omitting all and a part and betweene deferring whiles in the meane space things are concealed with due respect and diuulging them and putting them in derision And Simoneta replyed that it was hard to discerne which were fit to bee proposed but easie to know which were to bee omitted in the end they were content to expect what the Pope would say to the French propositions so that afterwards theirs might bee proposed The French Prelates had consented in generall termes to the Articles belonging to Rites and to the grieuances of Bishops which in their secret thoughts they did not approoue because they beleeued that in the discussion of them they should haue the Spaniards and many of the Italians their opposites but seeing they were sent to Rome they were afraid that the Pope opposing those which touched his reuenues would yeeld to the others and by composition be content to giue way to those which were preiudiciall to them to auoyde others which concerned his owne interest For this cause they made secret practises with the other Prelats perswading a moderation which being done after the French fashion without much caution was knowne to the Ambassadours Therefore Lansac assembled them all and reprehended them sharpely for daring to oppose the will of the King Queene of the whole councell and of the Kingdome Hee exhorted them not onely not to labour against but to promote the Kings determination And the admonition was very rigorous But before wee relate the negotiation in Rome it will not bee amisse to declare the substance of the French proposition which presently was printed in Ripa and Padua and conteined That the Ambassadours had determined long since in performance of the Kings command to propose to the Councell the things conteined in that writing but the Emperour hauing proposed almost the same things not to importune the Fathers they had expected to see what the Pope would resolue concerning the propositions of his Imperiall Maiestie Now hauing receiued a new commandement from the King and seeing the instance of the Emperour deserred longer then they thought they resolued not to make any more delay not desiring any thing singular or separate from the residue of Christendome and that the King expecting that esteeme should bee held of his propositions doth notwithstanding referre the iudgement and knowledge of them all to the fathers The points were foure and thirtie 1. That Priests The French propsitions should not bee ordained before they were old and had a good testimonie of the people that they had liued well and that their carnalities and transgressions should bee punished according to the Canons 2. That holy Orders should not bee conferred at the same time when the inferiour were but that euery one should bee approoued in these before hee ascended to those 3. That a Priest should not bee ordained before hee had a Benefice or ministerie according to the Councell of Chalcedon at which time a presbyterall title without an Office was not heard of 4. That the due function should bee restored to Deacons and other holy Orders that they may not seeme to bee bare names and for ceremonie only 5. That the Priests and other Ecclesiasticall Ministers should attend to their vocation not medling in any office but in the diuine ministery 6. That a Bishop should not be made but of a lawfull age manners and doctrine that hee may teach and giue example to the people 7. That no Parish Priest should bee made but of approued honestie able to instruct the people celebrate the sacrifice administer the Sacrament and teach the vse and effect of them to the receiuers 8. That no Abbat or Conuentual Prior should bee created who hath not studied diuinity in some famous Vniuersity and obtained the degree of Master or some other 9. That the Bishop by himselfe or by other preachers as many as are sufficient according to the
all contentions they would labour for the seruice of God and to end the Councell quickly Hee spake of Bulls of offices and Benefices conferred vpon some of the kinsmen of some Prelats and a Referendariship to the Secretarie of the Portugal Ambassadour and a very great pension to the sonne of the Spanish Secretary and diuers promises to others according to their pretensions But to the Cardinall of Loraine he made great complements in the Popes name shewing that hee had confidence in him onely for a sudden and a good end of the Councell The comming of the Bishop of Asti the Ambassadour of the Duke of The Legates vse perswasions to the-Card of Loraine by the B. of Sinigaglia Sauoy gaue a fit occasion to reassume the Congregations in which the Legats designing after they had receiued him to renew the proposition of the Canons they sent the Bishop of Sinigaglia to the Cardinal of Loraine to pray him to finde a meanes that the french-men might bee satisfied The Bishop shewed him that those words to gouerne the Church Vniuersall were vsed in many Councels that the other that they were assumed into part of the care Who answereth were vsed by S. Bernard a writer much commended by his exce 〈…〉 The Cardinall answered that the whole world was a spectator of the actions of the Councell that the opinions and voices of euery one were knowne that one ought to beware what he saith that writings had beene sent out of France against the opinions maintained in Trent in the questions that were handled that many complained of him that hee proceeded with â—do much respect especially in that matter and in that other of residence that hee 〈◊〉 not beene so earnest as he ought for the declaration that they are de 〈◊〉 diuino that by a word vsed by an Author one cannot presently conclude what his meaning was because the antecedents and consequents must bee considered which may inferre a contrarie sence that the wordes doe not trouble him but the sence which they would cano 〈…〉 that to say the Pope hath authoritie to gouerne the Church vniuersall could not bee admitted by the French men by any meanes that if it were proposed againe the Ambassadours would protest in the name of the King and of the twentie French Prelates from whom they should alwayes haue authoritie to doe it that this would bee a preiudice to the opinion which is generally helde in France that the Councell is aboue the Pope Sinigaglia relating these things to the The French opinion is that y e Councell is aboue the Pope Legates in presence of many Italian Prelates assembled to consult vpon this matter made them feare that it was impossible to reduce the French-men The comming of Martin Guzdellun of whom wee spake before which Martin Guzdellun coÌ„plaineth that the Councell is not free happened at the same time gaue great courage to the Spaniards who hauing seene the passages of one day said hee vnderstood plainly that the Councell was not free He praised Granata and said the King had a very good opinion of him and that if the Bishop like of Toledo were voide hee would bestow it vpon him Things being thus managed sunday the last of Ianuary came when the generall congregation was intimated to receiue the Ambassadour of Sauoy who made a short speach to shew the dangers in which The Ambassadour of Sauoy is receiued in Congregation the state of his Prince was by the vicinitie of the heretikes and what charge hee was put vnto he exhorted them to finish the Councell quickly and to thinke of some meanes to make the contumacious receiue the Decrees thereof and offered all the forces of his master In the answere made the pietie and wisedome of that Duke was commended and ioy giued the Ambassadour of his comming As the congregations continued so the dissentions increased and many demanded that the Decree of residence composed by the two Cardinals should bee proposed But the Legats seeing such variety of opinions after long consultation amongst themselues and with the Prelates their friends resolued it was not a time to make any decision but necessarie to interpose so great a delay that the humors might coole of themselues or some meanes might bee found to compose the differences by prolonging the time of the Session And to make Loraine agree to it they went all to his house to impart their purpose vnto him and to demand his counsell and assistance He complained of the conuenticles and that they sought by vnlawfull meanes to giue the Pope that which belongeth not vnto him and to take froÌ„ Bishops that which is giuen them by CHRIST he said he did not like the deferring of the Session so long though he was coÌ„ 〈…〉 to yeeld vnto then but prayed them that in regard this was done to moderate 〈…〉 ens minds they would indeauor effectually to curbe those who were vnquiet and ambitious In the congregation of the third of Februarie Mantua proposed that in regard Lent was neere and that the holy dayes and feasts of Easter would follow quickly they would deferre the Session vntill after that time and in the meane while in the congregations handle the reformation belonging to holy Order and the matter of the Sacrament of mariage But the proposition had much contradiction The French and Spaniards almost all were earnest that a short prorogation should bee determined and the matter of Order together with its reformation defined before they treated of Matrimonie to which opinion also some Italians did adhere Others desired that the Session should bee helde with the things decided alreadie and in particular that the Decree of recidence composed by the Cardinals should bee established and some added that it was a great indignitie to the Councell to haue the Session so often deferred shewing there was a desire to violence the Fathers by wearinesse to consent to those opinions which they did not beleeue in their conscience and therefore that it ought to bee held and matters to bee resolued by the maior part Some did not forbeare to say that the distinction of Session and generall congregation was not reall and that in regard No real difference between a Session and a general congregation the persons and the same number were in both that ought to bee helde for decided in the one which was determined in the other After great contention the dilation vntill the two and twentieth of Aprill was concluded by the maior part the others still contradicting The Cardinall of Loraine howsoeuer hee seemed to consent only to content the Legates yet hee was willing in regard of his owne interest and that for foure causes To know whether the Pope would recouer his health To haue commoditie to treat with the Emperour To vnderstand the Catholike Kings mind And to see the successe of the affaires of France that hee might resolue what to doe vpon better ground The next day the French
said that howsoeuer the Orientall Church and the Occidentall did differ in regard this did admit to Priesthood and holy Orders continent persons onely and that did admit maried men yet no Church did euer grant that Priests might marie and that this is so by Apostolicall tradition not by reason of vow or of any Ecclesiasticall constitution and therefore that absolutely they were to bee condemned for heretiques who say it is lawfull for Priests to marie though they restraine not themselues to the West nor make mention of vow or law of the Church And others said that no disp 〈…〉 could bee granted for Priests to marry for any cause whatsoeuer Some said that matrimonie was forbidde to two sorts of persons for two causes To secular Clerkes in regard of holy Orders by Ecclesiasticall law to regulars in regard of their solemne vow That the prohibition of mariage by constitution of the Church may bee taken away by the Pope or in case that remaine in force still the Pope may dispense with it They alleadged the examples of those who haue bene dispensed with and the vse of antiquitie that if a Priest did marry the mariage was good but the man was separated from the Ministery which hath continually beene obserued vntill the time of Innocenntius the 2. who first of all the Popes ordained that there should bee a nullity in the mariage But with those who are bound to continencie by solemne vow this beeing de iure diuino they said the Pope could not dispense They alleadged Innocentius the third who affirmed that the obseruation of chastity and the abdication of the proprietie of goods doth so cleaue to the bones of Munkes that the Pope cannot dispense therein Then they added the opinion of Saint Thomas and of other Doctors who affirme that the solemne vow is a consecration of the man to God and that because no man can make a thing consecrated to returne to humane vses no man likewise can make a Munke to returne to the power of marrying and that all Catholique Writers doe condemne Luther and his sectaries of heresie for saying that Munkship is an humane inuention and doe affirme that it is by Apostolicall tradition whereunto the opinion that the Pope may dispense is directly contrary Others did maintaine that the Pope might dispense euen with these also and marueiled at those who granting the dispensation of simple vowes did deny that of solemne as if it were not most cleare by the determination of Boniface the eigth that euery solemnity is de iure positiuo making vse also of the examples of things consecrated to prooue their opinion For as a thing consecrated remaining so cannot bee imployed in humane vses but yet the consecration may bee remooued and the thing made prophane whereby it may lawfully returne to a promiscuons vse so a man consecrated to Munkship remaining so cannot marry but the Munkship and consecration arising from the solemnity of the vow which is de iure positiuo being remoued hee may without any hinderance liue as others doe They brought places of Saint Austin by which it doth manifestly appeare that in his time some Munkes did marry And howsoeuer it was thought they offended in it yet the mariage was lawfull and Saint Austin reprehendeth those who did separate them They said moreouer it was necessary to dispense with Priests or to take away the precept of continencie And the Duke of Bauaria hauing sent to Rome to demaund of his Holinesse the Communion of the Cup requested also that married men might haue leaue to preach vnder which name all the Ecclesiasticall ministery was vnderstood exercised by Parish-Priests in the cure of soules Many reasons were alleadged to perswade the graunt which were resolued into two scandall giuen by incontinens Priests and want of continent persons sit to exercise the ministerie And the famous saying of Pope Pins the second was in the mouth of many that Priests were by the Occidentall Church forbid to marry for good reason but there was stronger reason to restore mariage to them againe Those of the contrary opinion said that it is not the part of a wise Physician to cure one disease by causing a greater that if Priests are in continent and ignorant yet the Priest-hood is not to bee prostituted to 〈…〉 d 〈◊〉 And here many Popes were alleadged who did not permit it because they said it was impossible to attend to the flesh and to the spirit and that 〈◊〉 〈◊〉 was a carnall estate that the true remedie was to make prouision of continent and learned persons by education by diligence by rewards and punishments and in the meane time not to ordaine any but mâ—n of an approoued life and for doctrine to cause Homilies and Catechismes to bee printed in the Dutch and French tongues composed by learned and religios men to bee read to the people out of the booke by the 〈…〉 learned Priests by which meanes the Parish Priests though vnsufficient might satisfie the people The Legates were blamed for suffering this Article to be disputed as being dangerous because it is plaine that married Priests will turne their affections The principal reason why Priests are forbid to marry and loue to their wiues and children and by consequence to their house and Country so that the strict dependance which the Cleargie hath on the Apostolike Sea would cease and to grant mariage to Priests would destroy the Ecclesiasticall Hierarchie and make the Pope to bee Bishop of Rome onely But the Legats excused themselues that to please the Bishop of Fiue Churches who had made this request in the name of the Duke of Bauaria and of the Emperor also to make the Imperialists not to be so earnest in the matter of reformation which was of more importance they were forced to yeeld to this disputation The French-men perceiuing it was the more common opinion that the mariage of Priests might bee dispensed with consulted together whether it were fit to demaund a dispensation for the Cardinall of Borbon as Loraine and the Ambassadours had commission Loraine was of opinion that it was not fit saying that without doubt the Councell would hardly be perswaded that the cause was reasonable and vrgent in regard it was not necessary he should haue posterity the King being young there being two Brothers and other Princes of the blood Catholikes and for gouerning during the minoritie of the King hee might doe it remaining in the Cleargie that in regard of the differences betweene the French and Italians about reformation and the authoritie of the Pope and Bishops their opposities would diligently oppose this demaund that it was better to go to the Pope or expect a better occasion and that it was sufficient for that time to prouide that no doctrine should be established in preiudice of it Some thought that Loraine did not like in his priuate opinion that Borbon should marry in regard it might cause an emulation or diminution of his house
not performe its duty and that which is expected from it by so holy and necessary a reformation to call a Nationall hauing first giuen satisfaction to GOD and men by continuall perswasions vsed to the Fathers and the Pope to obtaine of them a remedy against the common euill that to effect this with greater ease he had dispatched the Lord of Oysel to the Catholique King and the Lord d' Allegres to the Pope and commanded Birague that after he had performed his charge with the Fathers of the Councell he should passe to the Emperour to try if by meanes of these Princes bee might gaine so great a benefit It is certaine that the Pope was much distasted with the peace as well for the preiudice of his authority as because it was concluded without his knowledge hauing made so great contributions to the war But the King of Spaine was displeased more For beeing by his souldiers a party in the warres and the victory and hauing spent so much hee thought all was lost and that it was not iust to conclude a peace without him to the preiudice of religion which hee vndertooke to defend and maintaine especially hauing so great interests therein in respect of the damage hee did receiue in the gouernment of the Low Countries it beeing plaine that euery prosperity of the Hugonots in France would encourage the people of Flanders and strong then them more in their contumacie For these reasons the Catholique Ambassadour in France made great complaints which was the principall cause why these extraordinary Ambassages were sent to Rome and into Spaine to make knowen that the King and his Councel were not induced to make this accord by their owne will but by meere necessity and for feare that grosse Armies would bee sent out of Germany to the Hugonots which as was reported were prepared about Strasburg and in other places For those Dutch men who had made warre in France beeing returned home loaden with spoiles they inuited others to goe thither and make themselues rich Neither were they without feare that the Princes of the Empire would vpon that occasion assay to 〈◊〉 Monte 〈◊〉 〈◊〉 and other Cities of the Empire and that the Queene of England would assist 〈◊〉 Hugonots more potently then she had done to possesse some other places 〈◊〉 already shee had possessed Haure de Grace But besides this principall end of both the Ambassages d'Oysel was afterwards to make a proposition for translating the Councel from Trent to Constance Wormes Ausburg or some other place in Germany and to represent to the King that in regard it ought to bee celebrated for the Dutch English Scottish and part of the French-men and other Nations who were resolute not to adhere to nor euer to accept that of Trent it was in vaine to continue in that place Conde was author of this negotiation who hoped by this meanes if it did succeed to strengthen his party by vniting it to the interests of so many Kingdomes and Princes and to weaken the Oatholiques by promoting difficulties against the Councell of Trent But it did not take effect For the King of Spaine hauing heard the proposition which I say by way of anticipation that I may not returne to this matter did perceiue what the aime was and made a full answere that the Councell was assembled in Trent with all the solemnities with consent of all Kings Princes and at the instance of Francis the French King that the Emperour had superiority in that City as in the others that were named and might giue full security to all in case the former Safe conduct were not sufficient that hee could not choose but fauour it in the place where it was and accept the determinations thereof And hee aduised the Pope of all assuring him hee would neuer change that resolution The French men in Trent thought it superfluous to make instance to the Fathers as the King had commanded before the returne of Morone it being generally resolued that all Conciliary actions should bee deferred vntill then But the Emperour had not dispatched that Cardinall and informed Loraine at the same time that for diuers accidents and because the propositions were of the weight and importance as that they did deserue mature deliberation and consultation he had not beene able as yet to giue a resolute answere but hee hoped it should bee such as to make all men know that his actions were answerable to his desire to see the affaires of the Councell set straight for the common benefit Therefore notwithstanding the occasions and vrgent necessities of his other Prouinces hee resolued to continue his residence in Isprue to fauour the liberty of the Councell by his presence vntill hee had hope to see some good fruit This delay did not please Morone not that the Emperour should referre as hee did all the negotiations to the Diuines and Counsellors and both hee and the Pope did doubt that the answere would be deferred vntill he had heard Birague who as they were informed was to propose the translation of the Councel into Germany to giue satisfaction to the Hugonots whereunto the Pope was resolute not to consent as well by his owne inclination as in regard of the instance made vnto him by the Colledge of Cardinals and all the Court. And he maruelled at the humor of the French-men who demanded reformation and a translation at the same time and desired to haue a supply from the Clergie for payment of the Kings deâ—ts and yet would make shew to be fauourers of the Church But the truth was that the French-men being assured they could obtaine nothing fit for their 〈…〉 ce so long as the Italians did make the maior part beganne to despaire and to hold no esteeme of the Councel while it remayned in Trent Therefore they tooke from the Diuines sent by the King their publique allowance and gaue them all leaue either to depart or 〈…〉 ine there so that almost all went away one after another The two Benedictines remained vntill the ende who were â—haintained by chest Monasteries as also Hugonius whom the Papalins caused to be lodged and defrayed in the Monastery and gaue him fifty crownes euery three moneths Loraine hauing 〈…〉 ed the allâ—gations sent by the Pope to the Emperour and made a conâ—ure vpon them sent it to his Maiestie 〈◊〉 thought The conâ—ure of 〈…〉 vpon the 〈…〉 allegations he had done all secretly but Hagonots had not onely discoured it but giuen a copie to the Legates who expecting Morone shortly wrote by order from the Pope to the Bishops departed from Trent that they should returne to resume the actions of the Councel In the meane while a congregation was made the tenth of May to reade the letters of the Queene of Scotland presented by the Cardinall of Loraine in which she declared that shee did submit herselfe to the Councell made mention of her succession to the Kingdome of England promising that in case it
did happen she would subiect both those Kingdomes to the obedience of the Apostolique Sea The letters beeing read the Cardinall made an cloqnent Oration to 〈…〉 use the Queene for sending neither Prelates nor Ambassadouts to the Councell because they were all heretiques and promised that she would neuer vary from the true Religion For answere thankes were giuen in the name of the Synode Some laughed because the negotiation was as if it had been of a priuate person not of a Prince and maruelled that she had not so much as one Catholique subiect to send But the wiser sort did beleeue this was begged and extotâ—ed from her because shee was able to doe like a Prince in regard shee had euer many Catholiques about her The Secretarie of Loraine was returned whom he sent to Rome to cleere him of the imputation that he was a Head of a faction whom the Pope receiued with demonstration of loue and seemed to beleeue his exposition and wrote to the Cardinall that he was content that the contentious matterâ— should be omitted the doctrines of Order and Residence not spoken of but the reformation onely treated on Loraine imparting this letter to 〈…〉 that order might be taken to begin was deferred vntill the returne of Morone where with hee was distasted as if he had been mocked by the Pope And ioyning this with the aduice which came vnto him that Morone speaking with the Emperour of the libertie of the Councell sayd that himselfe and the French Ambassadours did hinder it more then others he complained vpon euery occasion to all with whom hee spake that the Councell had no libertie and that not onely the resolution of euery litle particular was made aâ— Rome but that the Fathers and especially the Gardinall M 〈…〉 and himselfe were not thought worthy to know what was commaunded by the Pope that they might conforme themselues to the will of his Ho 〈…〉 and that it was 〈◊〉 that so many 〈◊〉 should bee disparched from Trent to Rome by the Legaâ—s for euery shall 〈…〉 and sometimes 〈…〉 concerning the same matter and yet it could heuer be kno 〈…〉 what resolution or answere came from the 〈…〉 The 〈…〉 hereat because the things went so apparant and publike that they could neither be denied no◠〈◊〉 Loraine full of these â—ll satisfactions beeing called the 〈…〉 consultation to treat of begining the Congregations because Morone had w 〈…〉 would bee in Trent within eight dayes 〈…〉 t parties steel a good while without speaking one word afterwards entring into complements they 〈…〉 from another without talking of the bus 〈…〉 sse The Proctor 〈…〉 the French Prelats who remained in the Kingdome being 〈…〉 in Trent they dessired the Ambassadours that they might bee admitted in Congregation which 〈◊〉 refusing Lansae replied that they La 〈…〉 spor 〈…〉 had doth anded it in reuerence not because they did acknowledge the Legats for Iudges and that hee was resoliue that the difficulty should be proposed in Councell This made the Legats aâ— per their perpose to expect Morone and appointed a Congregation for the fourteen the of May to handle the abuses 〈…〉 Where Loraine giuing his voice 〈…〉 the first point which The Cardinal of Lorain in deliuering his susâ—rage afterwards was taken away for the causes which shall bee related hereafter spake at large of the abuses 〈…〉 ring in that matter And that hee right more 〈…〉 gh against the disorders of Rome he begain with France not spâ—ring the King he could 〈◊〉 the Concordate said that the distribution of the Benefites of the Kingdome which ought 〈◊〉 belong to the Chapters was diuided betweene Pope 〈◊〉 and King F 〈…〉 scareely forbearing to say as the prey is diuided amongst Hunters He disliked that the King and Princesâ— all the nomination of Prelatures and that Cardinals did possesse Bishop 〈…〉 also the vaccord lately made by the King with the Hugonots But leauing France hee sayd that Rome was the fountaine whence all di 〈…〉 that no Cardinall was without a Bishopricke yea without 〈…〉 how 〈…〉 charges were incompatible that the inuention of Commendaes Vnions for life administrations by which against all law many Benefic 〈…〉 with appearance that hee had but 〈…〉 was 〈…〉 king of the Maiestie of GOD. Hee often allead 〈…〉 that place of Saine P 〈…〉 Take heede of errours for God is not mocked and one shall reape only that which hee hath soâ—ed Hee spake much against dispen 〈…〉 by which the strength of all lawes is taken away as also against many other abuses and with such cloquened that hee spent the whole Congregation His discourse was not 〈…〉 taken by the Papalins Simoneta did openly treats with 〈◊〉 Preiats 〈…〉 said he spake like the Lu 〈…〉 and God grant that hee were not of their opinion wherewith Lo 〈…〉 was 〈…〉 to the Pope In the Congregations following one thing 〈◊〉 ordinary 〈◊〉 of memorie was spoken except 〈…〉 obliquely vsed by those who had vn 〈…〉 by Loraine In this inter iâ— Cardinall Morone had his dispatch in writing from the Emperour very generall termeâ— that bee would defend the authoritie of Is thought to speake like a Lutheran and Hope against heretikes 〈…〉 would remaine at 〈◊〉 and passe further that the 〈…〉 noâ— to be made without 〈◊〉 of the King 〈…〉 for 〈◊〉 〈…〉 because being done on the sudden 〈…〉 much matter of discourse 〈…〉 manie that bee would â—est satisfied with the proceeding in 〈…〉 vpon the 〈◊〉 conditions that the reformation 〈…〉 Trent and that euery one might propose desiring they would presently begin to handle the Articles exhibited by him and France Concerning this negotiation of the Cardinall and of the answere made I haue related what I haue found registred in publike monuments but I ought not to omit the fame then diuulged in Trent and beleeued by men of the greatest vnderstanding that the Cardinall had treated with the Emperour and with his sonne King of the Romans more secret matters and shewed them that in respect of the diuers The secret negotiation of the Cardinall Morone with the Emperor ends of Princes and Prelats and of their diuers and important interests which were contrary it was impossible the Councell should haue such an end as some of them did desire Hee told them that in the matter of the Chalice marriage of Priests and of the vulgar tongue things desired by his Maiestie and the French King neither the King of Spaine nor any Prince of Italie would euer consent that in matter of reformation euery sort of persons would remaine in their present state and reforme others whence it commeth that euery one demandeth reformation and yet when any Article thereof is proposed more doe oppose then fauour it that euery one thinketh of himselfe onely and doth not consider the respects of another that euery one would haue the Pope a minister of his designes not thinking whether others will remaine offended for it for whom it
Actes and that they may not be published without it and a copy thereof giuen vnto him After this the French Ambassadors did protest also that if they should set in any other place then next to the Ambassadors of the Emperour and before the Ambassadors of other Kings which their Predecessors haue alwayes held and namely in the Councell of Constance and the Lateran they should bee wronged and if the new place in which the Ambassador of his Catholike Maiestie did set should bring any preiudice to them or to the Orators the Fathers of the Councell representing the Church vniuersall should reduce them to the ancient order or giue them the Euangelicall admonition But the Fathers holding their peace and the Emperors Ambassadours saying nothing whose interest is common with those of France because they sit next vnto them and so preserue the ancient possession of their King the French Ambassadours in regard of the amity and alliance betweene the Catholike and most Christian Kings demanded nothing but that the Fathers of the Councell would declare that the Count his fact could not preiudice the ancient prerogatiue and perpetuall possession of his most Christian Maiestie and register this in the Actes The Oration was made in the name of the Count by Petrus Fontidonius a Diuine who said in substance That the end of the Councell drawing neere his Catholike Maiestie had sent that Ambassadour to shew himselfe readie to doe for it that which Martianus the Emperour did in the Councell The Oration made in his name of Chalcedon that is to maintaine and defend the trueth declared by the Synode to pacifie the tumults and to conduct to an happie ende that Councel which his Father Charles the fifth Emperour hath protected in its birth and growth for the cause whereof hee hath made most difficult and dangerous warres and which his Vncle the Emperour Ferdinand doeth maintaine that his King hath omitted no office of a Catholike Prince that it might be called and celebrated that he hath sent the Prelats of Spaine and most learned Doctors besides that hee hath preserued religion in Spaine that he hath hindered the entrance of heresie at all the passages of the Pirenies nor suffered it to passe to the Indies whither it hath laboured to penetrate to infect the rootes of Christianitie springing in that new world that by meanes of that King faith and puritie of doctrine doeth flourish in that kingdome so that the holy mother the Church when shee seeth other Prouinces infected with errours taketh great consolation that Spaine is the holy anchor for refuge of all her calamities Hee added would to GOD that other Catholike Princes and Christian common-wealthes would imitate the seueritie of that King in bridling the Heretikes that the Church might bee deliuered from so many miseries and the Fathers of Trent from the care of celebrating the Councell that his King maried with Mary Queene of England for no other ende then to reduce that Island to the true religion Hee repeated the late assistance sent to the King of France adding that by the vertue of his Souldiers though but few sent for defence of religion the victorie inclined to the Catholike partie Hee saide the King desired the establishment of the doctrine of religion and the reformation of manners Hee commended the Fathers because in the handling of these two they would not separate the one from the other howsoeuer great instance was made vnto them to cause them to omit the doctrine and proceed in the reformation only He said the Kings desire was they should examine well the petition more pious then circumspect of those who say that some thing ought to bee graunted to the protestants that being ouercome with kindnesse they may returne to the bosome of the Church saying that they haue to doe with persons who cannot bee bowed neither with benefits nor with pittie Hee exhorted the Fathers in the Kings name to proceede in such sort as to shew they haue a greater care of the Maiestie of the Church then of the desires of those that wander and that the Church hath alwayes vsed this grauitie and constancie in repressing the boldnesse of her enemies not to grant them so much as that which it honestly might He said the King desired that superfluous questions might be omitted and concluded that the Fathers being assembled to doe so good a worke as to cure the diseases which afflict Christendome if this were not effected posteritie would blame none but them and wonder that being able they would not also bee willing to apply the remedie Hee praised the vertues of the Ambassadour and the glorie of his house and so ended Answere was made in the name of the Synode that in their griefe for the common miseries they receiued consolation hearing the pietie of the Catholike K. related and aboue all that his promise to defend the Decrees of the Councell was most acceptable which the Emperor and other Christian Kings and Princes being willing to doe also the Synod was stirred vp to take care that The answere her actions may be answerable to their desires as it hath done already both by their own inclination and by the exhortation of the Pope alwaies imploying themselues in the emendation of maners and in the explication of the Catholike doctrine that it gaue the King many thanks as for his singular affection towards religion and good will towards the Synod so for sending such an Orato from whom they did hope for honour and assistance The Oration displeased all the Ambassadours because it was a manifest reprehension of all Princes for not imitating the Catholike King and they complained thereof to the Count who answered that those wordes did as much displease him yea that he gaue order to the Doctor to leaue them out and not to speake them by any meanes and that he would be sensible of his disobedience The French-men in Rome blamed much those in Trent for The French-men in Rome complaine of the Cardinall of Loraine consenting to the place giuen to the Spanish Ambassador They saide that Loraine for his owne interests and to gratifie the Catholike King had done this great preiudice to the Crowne of France as also because hee had counselled the Pope not to grant the King the alienation of 100000. crownes of Ecclesiasticall goods as he demanded They added that in all things he aymed only at his owne interests and therefore because neither he nor his brother did manage the money he did not care though the King should receiue none at all But the difference for precedence was not as yet well ended For howsoeuer there was a place found for the Spanish Ambassadour in the congregations the same could not bee giuen him in the Sessions Where-vpon the Legates wrote to the Pope to haue order how to gouerne themselues After the Spanish Ambassador was receiued Loraine parted to meet with the Card. of Ferrara who being arriued in Piemont found the affaires
himselfe of those affaires and returne assoone as was possible seeking to giue the Pope all satisfaction and to make him his friend and for matters of the councell not to thinke on them more then his conscience and honour did compell him Shee added that hee should haue the same authoritie in the kingdome as hee had before and therefore should hasten his returne The Queenes letters came to Rome and Trent in the end of May which as they were very gratefull to the Pope and made him beleeue he should see a good end of the Councel so an other accident did much displease him For in France consultation beeing had how to pay the debts of the Crowne the Ecclesiasticall goods are aliened in France without the Popes leaue Decree for aliening the valew of one hundred thousand crownes of Ecclesiasticall immooueable goods was confirmed by the Kings Edict and sentence of the Parlament This raised a great tumult of the Priests who said their priuiledges and immunities were violated and that sacred things could not bee aliened for any cause whatsoeuer without the authority and decree of the Pope To pacifie which noise the Ambassadour desired his Holinesse to giue his consent alleadging that the King was exhausted by the last warres deseigning to put his affaires in order that hee may beginne as his purpose euer was since the making of the peace to reunite all the Kingdome in the Catholique religion and that hee might be able to force whosoeuer should oppose he meant to impose a subsidie and to cause the Clergie to contribute their part also whereunto the Church was so much more bound then others by how much her interests were more in question that all beeing considered nothing was found to bee more easie then to supply that necessity with the alienation of some few Ecclesiasticall reuenues wherein he desired the consent of his Holinesse The Pope answered that the demand was painted foorth with a faire pretence Which maketh the Pope angry of defending the Church but was the onely way to ruine it for the auoiding whereof his securest course was not to consent to it And howsoeuer some might thinke that the French would proceed to execution without him yet he was of opinion that leaue would not haue beene demanded in case they could haue found buyers without it thinking that none would dare to aduenture their money fearing as the affaires of the world are vncertaine a time might come in which the Ecclesiastiques would resume their rents and not restore the price Therefore hauing proposed the businesse in Consistory by the deliberation of the Cardinals he resolued not to consent but by diuers excuses to shew it was impossible to obtaine that demand at his hands Loraine bearing an irreconciliable hate to the Hugonots not so much for religion as for faction which himselfe and his house had alwaies with them beeing assured it was impossible to reconcile friendship was much displeased that the matters of the peace did proceed For his returne into France hee thought fit to consider very well when and in what manner it ought to bee and for his particular affaires hee thought it necessary to hold good intelligence with the Pope and Court of Rome and with the Ministers of Spaine also more then formerly he had done Therefore he beganne from that day not to be so seuere in procuring the reformation and to shew greater reuerence to the Pope and to haue good correspondence with the Legats But besides the trouble for the demand of the alienation the Pope had another of no losse weight For hauing often promised the French Ambassadour Agreat difference in Rome about precedence betweene the French and Spanish Ambassadours to giue him his due place at Whitsontide and desiring to performe it he assembled some Cardinals to find a meanes to giue the Spanish Ambassadour satisfaction The courses were proposed one to giue him place vnder the Deacon on the left hand another vpon a stoole at the top of the Deacons bench But these did not take away the difficulty For there remained still matter of our currencie in bearing the traine of his Holinesse and giuing water for his hands when hee did celebrate the Masse and in receiuing incense and the pax The difficulty of the traine and the water did not presse the 〈…〉 because the Pope was not to celebrate and the Emperours Ambassadour was to bee there For the incense and the pax a temper was found that they should be giuen to all on the right side euen to the Ambassadour of Florence also who was the last and then to those on the left The French was not content with this and said that the Pope had promised him his place and that the Spaniard either should not come or should stand vnder him and would depart from Rome if this were not performed And it pleased the Spanish Ambassadour as little whereupon the Pope sent him word that he was resolute to giue the French Ambassadour his place The Spaniard answered that if the Pope were resolute to doe him that grieuance hee would read a writing to him The Cardinals who treated with him in the Popes name shewed him it was not good to doe so before his Holinesse had seene it lest not being knowen before some inconuenience might arise The Ambassadour was vnwilling to giue it but in the end was content Which the Pope hauing read was very angry at the forme of words which The Protestation of the Spanish Ambassador he said were impertinent Finally he was brought into the Popes Chamber with foure witnesses where he read his protestation on his knees which did containe That the King of Spaine ought to precede the French King in regard of the antiquity power and greatnesse of Spaine and of the multitude of his other Kingdomes by which he is the greatest and most potent King of the world because the Catholike faith and Church of Rome haue euer beene defended and preserued in his states that if his Holinesse will declare or hath declared in words or writing in fauour of France the grieuance and iniustice was notorious Therefore he in the name of his King doeth contradict all declaration of precedence or equality in fauour of France as frustrate and void against the notorious right of his Catholique Maiestie and if it hath beene made there is a nullity in it being done without knowledge of the cause and citation of the party and that his Holinesse doing this will because of great inconueniences in all Christendome The Pope answered admitting the Protestation Si and in quantum excusing himselfe for the citation omitted because hee gaue nothing to the French men but preserued the place in which he had euer seen◠them next the Emperors Ambassadours but offered notwithstanding to commit the cause to the Colledge of Cardinals or to the whole Rota adding that he loued the King and would doe him all the good offices he could The Ambassador replied that his
instructed in Christian doctrine that to omit antiquitie the Schoole-men and greater part of the Canonists haue constantly said that the dispensations of Prelates are good Claue non errante and not otherwise Hugonius also did offer to prooue that assertion that there is the same tribunall of CHRIST and of the Pope to bee impious and scandalous making mortalitie equall to immortalitie and corruptible iudgement of man to the incorruptible iudgement of GOD and that it did proceede from ignorance that the Pope is that seruant which is set ouer the familie of CHRIST not to performe the office of the Master of the familie but onely to distribute to euery one not arbitrarily but that which is ordained by the Master that he was amazed that Christian cares could endure to heare that the whole power of CHRIST is imparted to any They all spake some censuring one some another of the Iesuites assertion But the Cardinall told them that it would be no small matter if they could obtaine that in the publike Decrees of the Councell way might not bee giuen to that doctrine at which it was conuenient that all should ayme to which end they should more easily come if the matter were passed ouer in silence and suffered to dye in obliuion which by contradiction might doe some preiudice to the trueth They were pacified yet not so but that in their priuate meetings they spake of it very much But the Legates did so accommodate the two Articles of the Institution of Bishops and of Residence with generall tearmes that they The Decrees of the Institution and of Residence gaue satisfaction to both parties and to Loraine also But hauing consulted on them with the Popish Diuines and some Canonists Prelates these sayd that they did admitte an interpretation preiudiciall to the authority of the Apostolique Sea and the vses of the Court The Bishop of Nicastro who had often contended in this matter in fauour of Rome sayd plainely that by that forme of speach it was inferred that all iurisdiction of Bishops did not proceede from the Pope but a part of it immediatly from CHRIST which was by no meanes to bee endured Other Papalins maintained the same and made a bad interpretation of all if it were not plainely sayd that Bishops haue all iurisdiction from the Pope Therefore the Legates sent the Articles thus reformed to the Pope not so much that they might bee examined in Rome as because in a matter of so great importance they would propose nothing without the Popes knowledge The Cardinals deputed for these affaires hauing seene and examined them did iudge that the forme was sufficient to make all Bishops in their Diocesses equall to the Popes And the Pope reprehended the Legates for sending them because hee knew that the maior part in the Councell were good Catholikes and deuoted to the Church of Rome and in confidence hereof was content that the propositions and resolutions should bee determined in Trent without his knowledge Notwithstanding hee thought he ought not to consent to any preiudiciall thing for feare of giuing bad example to them and beeing a cause that they also should assent vnto it against their conscience At this time they had another very hard negotiation also For the King A difficultie whether the King of the Romanes ought to promise obedience to the Pope of the Romanes being to send Ambassadours to giue him an account of his election would not doe as other Emperours and Kings had done who hauing no cause to make difficultie did promise and sweare whatsoeuer the Popes would haue them But hee hauing respect not to offend the Princes and Protestants of Germanie would first know what words must bee vsed The consultation hereof being committed in the Cardinals they resolued that hee must demaund confirmation of the election and sweare obedience according to the example of all other Emperours Whereunto he answered that they were deceiued and that hee would consent to nothing which might preiudice his successors as the actions of his predecessors were alleadged against himselfe and that it was to confesse he was Vassall And he proposed that his Ambassadour should vse these wordes that his Maiestie will performe all reuerence deuotion and duty to his Holinesse and the Apostolique Sea with promise not onely to preserue but to enlarge as much as hee can the holy Catholique faith This negotiation continued this whole yeere without agreement and finally in Rome they thought they had found a temper for it proposing that hee should sweare obedience not as Emperour but as King of Hungarie and Bohemia because it could not bee denyed they sayd that King Steuen did giue the kingdome to the Apostolique Sea in the yeere of our LORD 1000 acknowledging to receiue it from the sayd Sea and making himselfe vassall and that Vladâ—slaus Duke of Bohemia did receiue from Alexander the second power to weare a miter binding himselfe to pay an hundred markes of siluer euery yeere These things being considered of in Germanie because there was no proofe of them but the bare affirmation of Gregorie the seuenth were derided and answere was made that they desired more fresh examples and more certaine and more lawfull titles Messengers went to and fro with diuers propositions answeres and replyes of which we will now relate the issue that wee may returne no more to them Which was that twenty moneths after Count Elfestain Ambassadour of that King arriued in Rome with whom the same treaties were renewed to demaund confirmation and sweare obedience Hee answered that the Oration which he was to recite punctually was in writing and that hee had commission not to alter one iote The Pope therefore proposed the businesse to the Cardinals in a generall Congregation who after long consultation concluded that howsoeuer the confirmation were not demaunded nor obedience promised yet in the answere to the Ambassadour it should bee sayd that his Holinesse did confirme the election supplying all defects thereof de facto de iure and did receiue the Kings obedience without saying it was demanded or not demanded promised or not promised This ceremony gaue but small content to the Pope and lesse to the Colledge of Cardinals But to returne to the time whereof I write the Pope was to answere the frequent instances made vnto him by the Ambassadours resident in Rome and by the Count of Luna in Trent for abrogation of the Decree of Propouentibus Legatis And beeing satiated with this trouble hee wrote to the Legates that the suspension of it should bee proposed in Congregation But Morone answered the Ambassadours who vrged the Popes order that rather then hee would condescend vnto it hee desired that his Holinesse would remooue him This answere being giuen without participation of the other Legates and many other things resolued by him alone Morone is thought to take too much vpon 〈◊〉 by the other Legates put them in a iealousie that hee tooke too much vpon him saying that
ab oue the Pope that Saint Peter had learned to abstaine from wordly matters whereas this his successor and no imitator did pretend to giue and to take honours from Kings that by the diuine Nationall and ciuill Law account was held of the Eldest sonne both in the life time and after the death of the father but Pius doth refuse to preferre the eldest King before those who were borne long after him that GOD in respect of Dauid would not diminish the dignitie of Solomon and Pius the fourth with out respect of the merites of Pipin Charles Lewis and of other Kings of France doeth pretend with his decree to take away the prerogatiues of the successors of those Kings that against the Lawes of GOD and man without any knowledge of the cause hee hath condemned the King taken his most ancient possession from him and pronounced against the cause of a pupil and widow that the ancient Popes when a generall Synod was celebrated haue neuer done any thing without approbation thereof and Pius hath without that Councell which representeth the Church vniuersall taken away the possession of the Orators of a King a pupill not cited sent not to him but to the Synod that to the end prouision might not bee made against it he hath vsed diligence to conceale his decree commancing the Legats vpon paine of excommunication to keepe it secret that the Fathers should consider whether these be the facts of Peter and other Popes and whether they the Ambassadours are not forced to depart from the place where Pius hath left no place for Lawes nor so much as any print of libertie of the Councell in regard nothing is proposed to the Fathers or published if it be not first sent from Rome that they did protest onely against that Pius the fourth adoring the Apostolike Sea and the Pope and the Church of Rome refusing onely to obey this man and to esteeme him the Vicar of CHRIST that they will alwayes haue in great veneration the Fathers but seeing that whatsoeuer is done is not done in Trent but in Rome and that the Decrees published are rather of Pius the fourth then of the Councell of Trent they will not receiue them for the Decrees of a generall Synod In conclusion he commanded the Prelates and Diuines in the Kings name to depart and to returne when GOD should restore the due forme and libertie to generall Councels and the King receiue his due place But there was no occasion to protest For the Count considered finally that howsoeuer the Spanish party was greater in number of Prelats then the French yet because the dependants of the Pope who at the first were on this side when they vnderstood the will of his Holines would now knowing that a dispatch was made to Rome for this cause thinke fit he should desist vntill the answere and the new order came and therefore ioyne with the French his side would prooue to bee the weaker Therefore inclining to a composition and all the other Ambassadours and the Cardinall Madruccio interposing after many difficulties they agreed that neither Incense nor the Pax should be giuen in the publique ceremonies vntill the answere of the King of Spaine did come This accord displeased the Popes dependants who would haue beene glad of that occasion to interrupt the progresse of the Councell as also those who beeing weary of Trent and nor seeing how the Councell could either proceed or be ended desired the interruption as the lesser euill that the discords might not increase It is certaine that the Pope himselfe receiuing aduice of this composition did take it ill in regard of the same feare that the discords may not bee made greater and some euill enâ—de And the Spanish ministers in Italy did all blame the Count for letting slippe so fauourable an occasion for the seruice of the King This controuersie being composed the Legats intent vpon the celebration How the difficulties in the points for the next Session were remooued of the Session because the time approched consulted what might 〈◊〉 done to remooue the differences Loraine proposed the omission of the two articles that is of the Institution of Bishops and of the authority of the Pope as things wherein the parties were to passionate and concerning Bishos to say nothing but what concerneth the power of Order To some of the Papalins this seemed a good remedie but to others not who said that this would bee attributed to the Pope as if the forme last composed did not please him and the Princes would wonder why his Holines should not rest content hauing the same power giuen him which Saint Peter had which would haue giuen matter of discourse to the heretiques Besides the Spaniards would take occasion to haue little hope hereafter to agree together in any thing whence infinite difficulties would arise in other matters also Moreouer there might bee a doubt whether it could be effected because it was probable that many of the Fathers Would require that those Articles should bee declared The Cardinall of Loraine offered that the Frenchmen should not require it and so to labour with the Spaniards that they also should be content adding that in case the Legats would doe the like with the Italians who doe with too much passion oppose the others all would bee composed And very fitly order camefrom the Emperour to his Ambassadours to vse all meanes that the authoritie of the Pope should not bee discussed in Councell which his Maiestie did because hee saw the maior part was inclined to enlarge it and feared that something might bee determined which might make his concord with the Protestants more difficult The Ambassadours hauing treated with the Legats in conformitie hereof as also with Loraine and other principall Prelates did cause this Article to bee omitted as also that other of the Institution of Bishops But first they made many consultations about it admitting vnto them the Prelates which were of greatest note and had most followers sometimes more sometimes fewer that they might so dispose of matters as that all might rest contented and the Decrees of the prouisions made against the abuses were giuen sorth Concerning the first point which was of the election of Bishops the Ambassadors of Spaine and Portugall did sharply oppose this particular that the Metropolitans should examine the persons promoted to Bishoprikes whereof much hath beene said before saying that this was to subiect the Kings to the Prelats their subiects because authoritie was indirectly giuen them to reiect the Kings nominations The French Ambassadors beeing demanded what their opinion was made shew they did not câ—re whether it were decreed or not Whereupon the Popish Prelats who thought it as diminution to the Popes authoritie sayd that all that point might bee omitted especially because in the fift Session sufficient prouision was made in that matter But others opposing hotely a conclusion was made by common consent that it should bee deforred vntill the next
Fathers were admonished to put vp in writing to the deputies the abuses obserued by them in the matter of Matrimonie The voyces beeing all giuen concerning the Anathematismes two Articles were proposed the promotion of married persons to holy Orders and the making voyde of clandestine marriages For the former the Fathers Two new Articles concerning married Priests and secret mariages did vniformely and without difficultie agree on the negatiue and the Arch-bishop of Prague and the Bishop of Fiue Churches who perswaded them to thinke better on it were scarcely heard But the other of clandestine marriage did not passe so For one hundred thirty and sixe did approue the making it voyd fiftie seuen did contradict and ten would not declare themselues The Decree was composed according to the opinion of the Maior part that howsoeuer clandestine mariages were good so long as the Church did not make them voyde and therefore the Synod doth anathematise him that thinketh the contrarie yet the Church hath alwayes detested them And now seeing the inconueniences the Synod doth determine that all persons which hereafter shall either marrie or betroth themselues without the presence of three witnesses at the least shall bee vnable to contract and whatsoeuer they doe therein shall be voide And another Decree followed commanding the Banes but concluding that if there were a necessitie to omit them the mariage might be made so that it were in presence of the Parish Priest and of fiue witnesses at the least publishing the Banes afterwards vpon paine of excommunication to him that should contract otherwise But that great number which would make void the secret mariages was diuided into two parts some following the opinion of those Diuines who grant power to the Church to make the persons vncapable and some those who say it may make the contract voide And the Legates themselues did differ Morone was content with any resolution so that they might dispatch Varmiense thought that the Church had no power herein and that all mariages celebrated in what manner soeuer with consent of the persons contracting are good Simoneta said that the distinction of the contract of Matrimonie from matrimonie it selfe and the giuing of power to the Church ouer the one and not ouer the other seemed to him sophisticall and chimericall and was much inclined not to make any innouation Concerning the abuses of Matrimonie many Prelates considered that the causes to hinder mariages and to make them voyde though they were contracted were so many and happened so often that there were but few not subiect to some of those defects and which was more persons did contract ignorantly either not knowing the prohibition or the fact or by forgetfulnesse in whom after they knew the trueth many perturbations and scruples did arise as also suits and contentions about the legitimation of the issue and the dowries The impediment of kinred contracted in baptisme was particularly alleadged for a very great abuse because in some places twenty or thirty men were inuited for God-fathers and as many women for God-mothers betweene all which by Ecclesiasticall constitution a spirituall kinred doth arise who oftentimes not knowing one another do ioyne in marriage Many thought fit to take away this impediment not because it was not well instituted at the first but for that the cause of the institution beeing ceased the effect ought to cease also They considered that the gossips were then sureties to the Church for the faith of the children baptized and therefore were bound to instruct and chatechize them according to their capacitie by which meanes they conuersed often and familiarly with them and their parents as also the gossips amongst themselues by which meanes a certaine relation did arise betweene them which was a cause to be reuerenced and sufficient to prohibite marriage as all other causes to which reuerence ought to bee borne But afterwards when vse bad abolished whatsoeuer was reall herein and the God-father did seldome see his God-childe and had no care at all of his education the cause of reuerence ceasing the relation ought not to haue place Likewise the impediment of Affinitie by fornication nullifying marriages vntill the fourth degree it beeing a matter of secrecie did ensnare many who vnderstanding the trueth after the mariage were filled with perturbations For kinred of Consanguinity and Affinity it was said that the same account beeing now not made of it as formerly was and amongst great personages scarce memorie kept of the fourth degree that might bee omitted also Wherein there was much disputation Some thought that as seuen degrees of kinred did hinder marriage for many hundred yeeres and Innocentius the third tooke away three of them at once restrayning the impediment vnto the fourth alleadging very common reasons that there are foure Elements foure humours of mans body so it appearing now that foure cannot bee obserued without many inconueniences the impediments may bee more iustly restrayned to the third Others contradicted and sayd that so they might hereafter proceede further and at the last come to that of Leuiticus which would cherish the opinion of the Lutherans and therefore did conclude that it was dangerous to innonate Which opinion after much examination did preuaile Some thought that the impediment of fornication beeing secret ought wholly to beetaken away But they preuailed not because there appeared an inconuenience in regard that many things which first are secret are published afterwards Many were of opinion that no nouitie should bee made in these prohibitions but power granted to Bishops to dispence and maintained that it was better to giue it to them then to the court because they knowing better the merits of the fact and the causes may exercise distributiue iustice more exactly herein They sayd the court of Rome doth often giue dispensations to persons not knowen who obtaine them by deceipt and that diligence cannot be vsed in regard of the distance of the Countreys besides the world beeing scandalized thinking they are not giuen but for money that imfamie ought to be taken away The Spaniards and French-men laboured effectually herein but the Italians said they did it to make themselues all Popes and not to acknowledge the Apostolique Sea and that the difficultie of sending to Rome and negotiating the expedition with paines and cost was profitable because by that meanes few marriages were contracted in degrees prohibited whereas if by granting power to Bishops there were aâ—facility herein the prohibitions would in a short time come to nothing and so the Lutheranes would gaine their opinion Here upon a common inclâ—natioâ— grew that none should bee dispensed with in these prohibitions but for a very vrgent cause into which opinion those who could not preuaile for the Bishops did enter also thinking it was more for their credit if that which was forbid to them were not granted to others After many discourses in the Congregations it was resolued to restraine spirituall kinred and affinity by mariage and
giuen by the Legates made for the interests of Rome could not be fitted to other countreys But the Cardinall of Loraine and the French and Portugall Ambassadours contradicted alleadging that euery one might speake his opinion concerning the Articles proposed and propose others if there were cause so that there was no need to giue this distast to the Pope and the Legates who could not endure to heare speach of Nations in Councell And the Imperialists comming to this opinion also the Count retired but said that diuers considerations ought to bee had concerning those which were proposed The Cardinall of Loraine counselled the Legats to facilitate the businesse and to take away those points which might seeme to cause contradiction adding that the fewer matters were handled the better it would be whereat Varmiense seeming to wonder Loraine asked him whether hee marueiled The Card of Loraine excuseth the change of his minde because hee saw not in him that heate and desire of reformation as hee had made demonstration of at other times and he added that his desire was the same and had the same disposition of minde to imploy all his force therein but that experience hath taught him that not onely nothing perfect or ordinarie can bee done in Councell but that euery enterprise in that businesse turneth to the worst He perswaded also the Count of Luna not to seeke to hinder the reformation totally but if there were any thing which did not fully satisfie him hee should make the partcular knowen and hee would labour that contentment should be giuen him The Emperours Ambassadours first of all gaue their answere in writing the one and thirtieth of Iuly in which they said that desiring a generall reformation in the head and members and hauing read the Articles exhibited they had added some things and noted others desiring they might be corrected accordingly and discussed by the Fathers And because the Emperour with the Ambassadours of many Princes did hold a Diet in Vienna to handle many things concerning the Councell they hoped they would take it in good part if hauing receiued a new commandement from his Maiestie they should present other considerations also and that for the present they added eight Articles to those proposed by them 1 That a serious and The Imperialists adde 8. Articles more durable reformation of the Conclaue might bee made in Councell 2. That alienation of Ecclesiasticall goods without the free and firme consent of the Chapter might be prohibited and especially in the Roman Church 3. That Commendaes and Coadiutories with future succession might bee taken away 4. That Schooles and Vniuersities might be reformed 5. That the Prouinciall Councels may bee inioyned to correct the Statutes of all the Chapters as also that authoritie may bee giuen to reforme Missals Breuidries Agends and Graduals not in Rome onely but in all Churches 6. That Lay-men may not bee cited to Rome in the first instance 7. That causes may not bee remooued from the Secular Court to the Ecclesiasticall vpon pretence of iustice denyed before the trueth of the supplication bee knowen 8. That Conseruators may not bee giuen in prophane matters And concerning the Articles exhibited by the Legates they noted many things part whereof as being but of small weight it will not be amisse to omit Those of importance were That Cardinals might bee chosen out of all Nations that the Vniuersall Bishop might bee created by Electors of all Countreys That the prouisions against Pensions Reseruations and Regresses should bee extended not onely to the future but to those also that are past That the kissing of the Gospel should not be taken from the Emperour and Kings who ought to defend it That it may be declared what secular affaires are prohibited to Ecclesiastiques that that which is determined in the decree of Residence may not be crossed That in the Article of not laying taxes vpon the Ecclesiastiques the cause of Subsidie against the Turkes and other Infidels may be excepted The proposition though it were of hard digestion did not so much trouble the Legats as the doubt mooued that some extraordinary demaund for change of Rites receiued by the Church of Rome and relaxation of Precepts de iure Positiuo might come from the Diet in Vienna The third of August the Frenchmen gaue their obseruations the essentiall whereof were That the number of Cardinals might not exceed foure and The articles exhibited by the French-men twentie and that no more might be created vntill they were reduced to that paucitie That they may bee elected out of all Kingdomes and Prouinces That there may not be two of one Diocesse nor more then eight of one Nation That they may not bee lesse then thirtie yeeres of age That the nephew or brother of the Pope or of any Cardinall liuing may not bee chosen That Bishoprickes may not bee giuen them that they may the better assist the Pope and that their dignitie being equall their reuenew may bee equall also That none may haue more then one Benefice and that the difference vnknowen to the good ages of the world of Benefices simple and with cure compatible and incompatible may be taken away and that hee that hath two at this present may choose and keepe one only and that within a short time That resignations in fauour may be quite taken away That it may not bee prohibited to conferre Benefices onely vpon those who haue not the language of the Countrey because the Lawes of France forbid all strangers without exception to haue Offices or Benefices in the Kingdome That the criminall causes of Bishops may not be iudged out of the kingdome in regard of the ancient priuiledge of France that none may bee iudged out of the Kingdome neither voluntarily nor by compulsion That power may bee restored to Bishops to absolue from all cases without exception That to take away suits for Benefices preuentions resignations in fauour mandats expectatiues and other vnlawfull wayes to obtaine them may be remooued That the prohibition that the Clergie may not meddle in secular matters may be expounded so that they may abstaine from all functions which are not holy Ecclesiasticall and proper to their order That the Pensions alreadie imposed may be taken away and abrogated That in causes of Patronage the ancient institution in France may not be changed to giue sentence in the possessorie for him who is in the last possession and in the petitorie for him who hath a lawfull title or a long possession That the lawes of France concerning Ecclesiasticall causes may not bee preiudiced that the possessorie may beiudged by the Kings Iudges and the petitorie by the Ecclesiastiques but not out of the Kingdome That none may be assumed to bee Canon in a Cathedrall Church before he be fiue and thirtie yeeres old That for the Article containing the reformation of Princes the Clergie may bee first intirely reformed in this Session and that which belongeth to the dignity
which compasse the will of him that is to prouide hath a large field In the third Article there was some difficulty about the visitation of Arch-bishops These alleadged the Canons and ancient customes that the Suffragans did sweare obedience to the Metropolitans and were wholly subiect to their visitation correction and gouernement and would not consent that their authoritie should be preiudiced and amongst these the Patriarke of Venice was exceeding warme On the contrary the Bishops especially those of the Kingdome of Naples laboured to mainetaine the custome by which they differ not in authority but in name onely But the number of the Bishops being great and of the Arch-bishops small and the Legates and Papalins fauouring those that these might not by granting authoritie and reputation by their subiection exempt themselues more from subiection to the Court they would obtaine nothing but one word onely of satisfaction that is that they were not forbid to visit when there was cause approoued by the Prouinciall Councell Whereof the Arch-bishops did complaine and say it was iust nothing For there beeing one Arch-bishop in the Prouinciall Councel and many Bishops it is certaine that the cause would neuer bee approoued The sixt Article was concerning the exemption of Chapters of Cathedrals from Episcopall authoritie in which the Spanish Bishops and in contemplation of them the Count of Luna hauing great interest many restrictions ampliations were made but not such as did content the Prelats howsoeuer they were often changed and in the end deferred vntill another Session as shall be said The thirteenth Article concerning Pensions spake generally that no Benefice should be burthened with greater Pensions then of the third part of the fruits or of their value conformeable to that which was vsed when the Pensions began This seem 〈◊〉 conuenient to the Cardinall of Loraine because there are some very rich benefices which could not be said to be burthened if they should pay two thirds and others so poore that they cannot beare any pension at all And therefore he said that this was not a iust distribution and that it was better to prohibite that Bishopriques of a thousand crownes and benefices of an hundred should be burthened and concerning the others to say nothing This opinion preuailed to the great content of the Legates and Papalins for the absolute power which was left to the Pope in good Benefices Those who demaunded a moderation of the pensions of reseruations of fruits formerly imposed of accesses and regresses made many and long discourses But the difficultie compelled euery one to bury all in silence for the confusion and disorders which were foreseene would ensue For all would haue excused themselnes that they would not resigne their Benefices without those conditions and those especially who had payd composition to the Chamber for the obtaining of such graces would haue complained that the graces should bee taken from them and the money not restored the restitution wereof was a thing impossible Finally euery one thought it enough to prouide for the future without thinking of that which is past The fourteenth Article which did detest and forbid all payment of part of the fruits for the collation prouision or possession did much please the French men They saide the payment of Annats was taken away by those words And indeed he that doth consider and examine them cannot giue them any other sence howsoeuer the euent hath shewed that they haue not been so vnderstood in Rome In the seuenteenth in which pluralitie of Benefices is forbid and dualtie granted when one is not sufficient some desired an addition that they should not be distant aboue a dayes iourney that the incumbent might make part of his residence in each of them But they could not obtaine it neither did they much labour foreseeing that that addition as also the whole Article would not bee executed but against those of the poorer sort onely The eighteenth howsoeuer it did please in that it did restore in effect the prouision of Benefices with cure to Bishops yet the French-men did oppose against the forme of the examination because it did seeme to binde the Bishops hands to strait Their reason was that by that concourse too open and to publike a way was giuen to ambition that antiquitie made profession to giue benefices to him that refused them whereas by this new manner they would not only procure them but professe themselues to be worthy of them In the nineteenth the Bishop of Conimbria spake at large against the Expectatiues or Aduowsons because they did make the incumbents death to bee desired and sometimes procured And for mentall Reseruations hee sayd they were fraudes and neere thefts and that it was better to leaue to the Pope the whole collation of all Benefices then to vse such vnworthy Artifices as was to giue vertue to a secret thought not published and to leaue a suspicion that it was not a reseruation in the minde but an inuention after the fact But Simoneta crossed his discourse saying that it was good to reprehend abuses for which no prouision was determined that it might be procured but seeing a common disposition to the remedie and the Decree composed alreadie it was sufficient to establish it by consenting without multiplying words of reprehension ambitiously when there was no neede The eleuenth of September the French Ambassadours receiued letters from the King of the eight and twentieth of August in which hee signified that hee had receiued the Articles imparted to them by the Legates and did see that matters were farre from the hope hee conceiued because to establish these was to pare the Kings nayles and to make those of the Ecclesiastiques The French King writeth to Trent concerning the Reformation of Princes longer Which because hee would not endure hee commanded to represent to the Fathers with wisedome dexteritie and courage that as euery Prince so long as the Councell doth proceed aright is bound to fauour it with all heate of zeale so to couer the sore which causeth the present euils and to make a greater with the preiudice of Kings is farre from that which was expected That he saw how lightly they passed ouer the reformation of the Clergy who onely haue giuen the scandals to those that haue separated themselues from the Romish Church and how they assume authoritie to take away the rights and prerogatiues of Kings to breake their Constitutions and Customes prescribed by time out of minde to anathematize and excommunicate Kings and Princes all tending to sowe disobedience sedition and rebellion of subiects against their Soueraignes whereas it is manifest to the whole world that the power of the Fathers and of the Councel extendeth onely to the reformation of the Clergie without touching matters of State or of Secular power and iurisdiction which is wholly distinct from the Ecclesiasticall and that alwayes when the Fathers and Councels haue presumed to handle such things Kings and Princes haue
to propose to the Pope a conference betweene his Holinesse the Emperour and the King of Spaine and the King her sonne in whose traine her selfe would be The proposition did not displease the Pope because it might serue him to finish the Councell but hee thought the execution was impossible And he promised to send Nuncij to the Emperour and King of Spaine to this end and appointed the Bishop of Vintimiglia for Spaine whom hee therefore recalled from Trent and the Bishop of Ischia for the Emperour To the Cardinall of Loraine he made excessiue demonstrations of honor lodged him in the palace a thing vnusuall went publiquely to visite How the cardinall of Loraine was treated in Rome him in his lodging Their discourses were partly about the Conference though the Cardinall did not thinke it feasable They treated about the sale of a 100000. crownes which whether the Cardinall did promote or draw backe was not discouered But the Pope hauing vpon a new instance made by the French Ambassadour answered that he did referre it to the Councell many thought it to be an excuse inuented by Loraine But the principall businesse was about finishing the Synode which the Pope thought to be of greatest importance and knew to bee most difficult Wherein there was great confidence betweene them For the Cardinall discouered to him that his interests were turned the same way and that since the death of his brothers he saw plainely that there was no meanes to maintaine Religion in France and his house but his coniunction with the Apostolique Sea The Pope promised to make Cardinals at his instance and gaue him such words as shewed an intention to make him his Successour in the Popedome and that they might haue more credite he made shew that the greatnesse of that Cardinall was profitable for the endes hee had in ayming at some matter of great moment And the conclusion of his discourses to euery one was We must shut vp the Councell prouide money and afterwards that will happen which shall please GOD. The Pope told the Cardinall that as often as he heard of the discords and delaies which some did plot he thought to suspend the Councell but changed his opinion for feare of the scandall which the world would take which knew not the trueth and that sometimes he thought this the greatest euill that could occurre and sometimes iudged it lesse then the danger in which his authoritie was which was the marke at which the Princes Bishops and all sorts of persons did shoot but finally that it was necessary to lay aside all respects and come to this resolution The Cardinall disswaded him shewing that this was not a medicine to cure the euill but to deferre it onely with greater danger because hee would in a short time haue new demands to restore it and plots would be laid by those who were not satisfied with him and that to suspend was as difficult as to finish it For there was no need to alleadge causes for this it being sufficient to bring things to the conclusion and so to ende whereas the suspension did require an allegation of the cause whereof euery one would speake his opinion that it was more honourable to finish then to suspend it and hee vsed other reasons which made the Pope know that his counsell was good and faithfull And afterwards he aduised him to deale plainely with the King of Spaine Therefore calling the Ambassadours of that King hee complained in grieuous termes saying that he had called the Councell vpon hope and promise that the affaires of the Papacy would haue beene fauoured by his Maiestie to whom he had giuen all imaginable satisfaction and would giue him more according to his demands if the impediments caused by the Councel were taken away that he had not demanded any fauour of his Maiestie and his Ministers but the ending of the Councell for the seruice of GOD and the publike good and therein was ill vsed though it was rather a losse to the King then a benefit Therefore hee was forced to hold esteeme of him by whom he was esteemed and to cast himselfe into the armes of those that would assist him And he dispatched also a Currier to the King with a letter of his owne hand complaining of the offices done by his Ambassadour and Prelats in Trent contrarie to his Ministers in Rome each party saying hee doth the commission of his Maiestie Hee shewed that it was conuenient for the seruice of GOD of the Apostolike Sea and of his Maiestie that the Councell should end and in conclusion he desired him to declare himselfe plainely whether he would assist him heerein or not The Cardinall did counsel him also not to be auerse from granting to the Emperour the Cup and marriage of Priests by which meanes he should gaine both him and the king of the Romans not to consent onely to the ending of the Councell but to be fauourable and to promote it He told him likewise that it was necessary to omit the reformation of Princes because it would prolong the businesse more then any thing besides After the departure of Loraine nine French Bishops parted from Trent and returned home so that there remained but eight besides sixe who went with the Cardinall to Rome This departure caused an opinion that they were recalled and that there was a purpose at the perswasion of the Hugonots to recall the others that the end of the Councell approaching no French men might bee present when they should bee anathematized The Legates to facilitate the difficulties of secret mariage caused the Diuines who were maintainers and opposers of it to make a publike disputation This was neuer done before in any occurrence and then did so little good that euery one was more confirmed in his owne opinion After this to reassume the Congregations and to handle the reformation they gaue foorth the residue of the Articles the last of which was the reformation of Princes being forced thereunto by the mutinie of the Prelats Of which matter concerning Princes hauing often made mention and now being come to a place in which it is necessarie to recite it for the vnderstanding of the things that follow it must bee knowne that it did containe a propheme with thirteene Articles and a very pregnant Epilogue the substance whereof was That the Synode besides the things constituted concerning Ecclesiasticall persons hath thought fit to correct the abuses of the Seculars brought in against the immunitie of the Church hoping that the Princes will be content and cause due obedience to be rendred to the Clergie And therefore it doth admonish them to cause their magistrates officers and temporall Lords to yeeld that obedience to the Pope and constitutions of the Councell which themselues are bound to performe And for facilitation heereof it doth renew some things decreed by the holy Canons and Imperial The Articles of the Reformation of Princes lawes in fauour of Ecclesiasticall immunitie which
principall points were That they might say to the Fathers as the Ambassadours of the Iewes did to the Priests Ought wee also to continue fasting lamenting That there are more then 150. yeres part since the most Christian Kings haue demanded of the Popes a reformation of the Ecclesiasticall discipline that for this end only they haue sent Ambassadors to the Synods of Constance Basil and the Lateran to the first of Trent finally to this second What their demands were Iohn Gerson Ambassadour in that of Constance the Orations of Petrus Danesius Ambassadour in the first of Trent of Guido Faber and of the Cardinall of Loraine in this second doe testifie in which nothing was demanded but the reformation of the manners of the ministers of the Church and notwithstanding this they must still fast and lament not seuentie yeeres but two hundred and GOD grant they be not three hundred and many more And if any should say that satisfaction hath beene giueth them by Decrees and Anathematismes they did not thinke that this was to satisfie to giue one thing in payment for another If it shall bee said that they ought to bee satisfied with a great bundle of reformations proposed the moneth before they had spoken their opinion concerning that and sent it to the King who had answered that he saw few things in it befitting the ancient discipline but many things contrary That that is not the plaster of Isaias to heale the wound but of Ezekiel to make it raw though healed before That these additions of excommunicating and anathematizing Princes was without example in the ancient Church and did make a way to rebellion and all the Articles concerning the reformation of Kings and Princes haue no ayme but to take away the libertie of the French Church and offend the Maiestie of the most Christian Kings who by the example of Constantine Iustinian and other Emperours haue made many Ecclesiasticall lawes which haue not onely not displeased the Popes but they haue inserted some of them in their Decrees and iudged Charles the Great and Lewis the ninth principall authors of them worthy of the name of Saints He added taht the Bishops had with them gouerned the Church of France not only since the times of the Pragmatique or Concordate but foure hundred yeeres and more before the booke of the Decretals and that these lawes haue beene defended and renewed by the later Kings since that the Decretals substituted in place of them haue derogated from them in the times following That the King beeing now of age would reduce those lawes and the libertie of the French Church into obseruation because there is nothing in them contrarie to the doctrine of the Catholique Church to the ancient Decrees of Popes nor to the Councels of the Church vniuersall Hee said moreouer that those lawes doe not prohibite Bishops to reside all the yeere and to preach euery day not onely nine moneths and in the feasts as was decreed in the last Session nor forbid them to liue in sobrietie and pietie and hauing the vse onely and not the benefit of the reuenues to distribute them or rather to render them to the poore who are owners of them And hee proceeded in naming other things of the Councel with the like ironicall manner that hee seemed to iest at them Hee added that the power giuen by GOD to the King the lawes of France and the libertie of the French Church haue alwayes forbid Pensions Resignations in fauour or with Regresse pluralitie of Benefices Annats Preuentions and to litigate for the Possessorie before any but the Kings Iudges or for the propriety or other cause ciuill or criminall out of France and forbid also the hindering of appeales as from abuse or to hinder that the King Founder and Patron of almost all the Churches of France may not make vse of the goods and reuenues though Ecclesiasticall of his Subiects for instant and vrgent necessitie of the Common-wealth Hee said afterwards that the King marueiled at two things One that they the Fathers adorned with so great Ecclesiasticall power in the ministerie of GOD assembled onely to restore Ecclesiasticall discipline not regarding this should binde themselues to reforme those whom they ought to obey though they were stiffenecked Another that they should think they can and ought without any admonition excommunicate and anathematise Kings and Princes which are giuen by GOD to men which ought not to bee done to any ordinary man though perseuering in a most grieuous offence He said that Michael the Archangel durst not curse the Deuill or Micheas or Daniel the most wicked Kings and yet they the Fathers were wholly conuersant in maledictions against Kings and Princes and against the most Christian if hee will defend the lawes of his ancestors and the liberty of the Gallicane Church His conclusion was that the King did desire them not to decree any thing against those 〈◊〉 or if they should that hee commanded his Ambassadors to oppose the Decrees as 〈…〉 they did oppose them But if 〈…〉 ting the Princes they would attend seriously to that which al the world expectch it would bee most 〈◊〉 〈…〉 ble to the King who did command them the Ambassador 〈…〉 to 〈◊〉 that 〈…〉 hee spake in the Kings name Afterwards hee did 〈…〉 the heauen earth and the Fathers to consider whether the Kingâ— demand were iust whether it were honest for them to make orders for themselues throughout the whole world whether this were a â—â—me to take compassion not vpon the Church nor vpon France but vpon themselues the Fathers their dignity reputation and 〈…〉 s which cannot do preserued but by the Arts by which they were gained in the beginning that in so great confusions they must bee wary and not cry when CHRIST commeth sâ—nd Vs into the heard of 〈◊〉 that if they would restore the Church to the ancient reputation comp 〈…〉 the aduersaries to repentance and reforme Princes they should follow the example of Ezekias who did not imitate his father nor his first second third and fourth grand-father who were vnperfect but went higher to the imitation of his perfect ancestors so it was not fit at that time to respect the next predecessors though very learned but to ascend as farre as Ambrose Augustine and Chrysostome who ouercame the heretiques not by arming Princes to the warre themselues in the meane while picking their nailes at home but with prayers good life and sincere preaching For they hauing framed themselues first like Ambrose Austine and Chrysostome will make the Princes also to become Theodosii Honorij Arcadij Valentiniani and Gratiani which he said they hoped for and praied God it might bee so and here hee ended The Oration when it was pronounced did anger very much not onely the Papalins but the other Prelates more and French-men also Is censured and when it was ended there was such a whispering that it was necessary to finish the Congregation Some did taxe it
Canons And they imployed the Emperours Ambassadours to perswade the Count to be content with it by which meanes that difficultie also was ouercome The declaration of Propenentibus Legatis did remaine For which not being able to find a temper they tolde the Count that hee should propose a forme how he would haue it done Wherein hee excusing himselfe they deputed three Canonists to treat with him and to find a meanes that might please him so that it were not to alter the way prescribed by the Pope But The Card of Loraine returneth to Trent and hasteneth the end of the Councell the Cardinall of Loraine came fitly for that occasion who being parted from Rome with instruction and conclusion of all things and hauing tooke Venice in his way to perswade the Ambassadours to returne before the end of the Councell and now arriued in Trent caused with his desteritie the Count to approoue that manner by which that difficultie so much agitated receiued an end with satisfaction of all and it was made the one and twentieth Article of reformation proposed in the Congregation of the ninth of Nouember held for this purpose and approoued with small resistance After this the second Article was taken away which being done all the Articles were read ouer againe and the suffrages briefly deliuered In which Loraine to salue his honour said that howsoeuer he desired a greater reformation yet knowing that in the beginning one could not come to the last remedies hee assented to the Decrees not iudging them sufficient but hoping that the Pope either by bringing the old Canons into vse or by celebrating other generall Councels would adde a perfection It is worthy of memorie that in this Congregation hee made a long digression He maketh an Oration in 〈◊〉 of the Pope in forme of an encomiasticall Oration of the Popes good will of his desire to see the Church reformed the Episcopall degree restored to its ancient dignitie and the Councell ended with the fruit of all Christendome The Arch-Bishop of Granata when it was his turne to speake brake out into the Popes commendation also attributing as much vnto him as the other but added that either the Pope did iudge that he could not doe as he would or had not authority to make his ministers and dependants to execute his will Here I must make a great mutation of stile For whereas in the former narration I haue vsed that which is proper to describe varietie of minds and opinions The state of the Councel is quite altered one crossing the designes of another and delayes of resolutions interposed framing my selfe to declare the counsels of diuers sometimes contrary amongst themselues hereafter I must make relation of one aime only and vniforme operations which seeme rather to flie then run to one only end whereof I can giue but one cause not to repeate it in all places that is the ioynt resolution to precipitate the Councell Therefore to speake simply I must say that Letters came from the Pope with resolution that the Councell should bee ended though with distast of the King of Spaine because hee had meanes to make an agreement with him that they should establish the Decree of secret marriage with as much vnion as was possible but yet to doe it though the same opposition should continue that for the reformation of Princes and restitution of Ecclesiasticall iurisdiction and libertie they should not descend to any particular but renew the ancient Canons and without Anathemaes that if any difficultie did arise concerning the other Articles they should reserue it for him who would make prouision therein referring them for the residue to the Cardinall of Loraine who was fully informed of his whole will whom they ought to beleeue Afterwards hee sent a forme in what sort they should finish the Councell which did containe that all things done vnder Paul and Iulius should be confirmed and declared that they were all done in this one Councell and that in all things the authoritie of the Apostolike Sea should be preserued that of the things decreed the Popes confirmation should be demanded that all the Fathers should subscribe and after them according to the example of the ancient Emperours there should be a subscription of the Ambassadors that the Princes might be bound to the obseruance of the Decrees and to persecute with Armes those of the contrary religion leauing it in the power of them the Legats together with Loraine to adde diminish or alter according to opportunite All which things were kept most secret vntill after the Councel that they might 〈…〉 the better as shall be said The eleuenth of Nouember came in which the Session was held with the vsuall ceremonies Voyces beeing to bee giuen in the matter of clandestine mariage Cardinall Varmiense who held it a matter of 〈◊〉 and thought the Church had no authoritie ouer it would not bee 〈…〉 sing himselfe that in a matter of positiâ—â— law be thought 〈…〉 The Session 〈…〉 deliuer his minde freely though the contrarie were 〈…〉 hee should bee forced to say for satisfaction of his 〈…〉 Synod could not make that decree which might haue â—used same distates such as hee was not willing to giue Francis Richarâ—â— made the Sermonâ— in which hee admonished the Fathers that this most holy Synod hauing beene in trauaile these two yeeres and euery one beeing in expectation of what it will bee deliuered it was not fit it should produce 〈…〉 〈…〉 childe because the worlde doth expect a sound and perfect issue For effecting hereof it was conuenient to imitate the Apostles â—â—yrs and Primitiue Church making them a patterne whence to take the 〈…〉 of the infant which is to come into the world These were hee said doctrine religion and discipline all which beeing degenerated in these times must bee restored to their ancient integritie And that this is it which hath been expected so long and is expected still The ceremonies being ended the letters of Madam Regent of Flanders concerning the sending of 〈◊〉 Prelates to the Councell were read as also the Mandates of the Duke of Florence and of the grand Master of Malta Afterwards the doctrine and the anathematismes of matrimonie were read by the Masse Bishop to which all consented The Articles of reformation of Matrimony beeing read to the first of the annullation of the clandestine Cardinall Morone said that it Varietie of opinions about clandestine mariages pleased him if it pleased the Pope Simoneta said it did not please him but referred himselfe to the Pope Of the others sixe and fifty did absolutely denie and all the rest did approoue it Afterwards the Decrees of reformation were read And beeing come to The Decrees of reformation the fift of the criminall causes of Bishops perceiuing the Kingdomes where the inquisition is were excepted a great commotion was raised amongst the Fathers the Lombards and Neapolitans saying confusedly that that exception was neuer proposed in
a nullitie in the profession shall not bee heard after fiue yeeres from the first day thereof and shall alleadge the cause before the Superiour and Ordinarie before hee depose the habit and none shall goe to a more large religion nor haue leaue to weare the habit secretly 20. The Abbats and Heads of the Orders shall visit the Monasteries subiect vnto them though but by Commenda and the Commendataries shall be bound to execute the Ordinations and in those Priors and Superiours who haue spirituall gouernement shall bee created by the Chapters or visiters of the Orders 21. That the Synode doeth desire to restore discipline in all Monasteries but seeth it is impossible in regard of the stiffenecked and difficult age yet they will not omit to vse meanes that hereafter prouision may bee made therein and doe hope that his Holinesse as farre as hee shall see the times will comport will prouide that a Regular professed person shall bee made gouernour of Monasteries commended and those that shall bee vacant hereafter shall not bee conferred but vpon Regulars and those who haue Monasteries in Commenda and are Heads of Orders if prouision bee not made within sixe moneths of a Regular successor they shall make prouision or quit the place otherwise the Commendaes shall bee vacant And in the prouision of Monasteries the qualitie of euery one shall bee expressed by name otherwise the prouision shall bee accounted surreptitious 22. That it shall bee vnderstood that all Regulars are subiect to these Decrees notwithstanding any priuiledge though by foundation commanding Bishops and Abbats to execute them immediatly and praying and commanding Princes and Magistrates to assist them as often as they shall be required The reading of the generall reformation did presently follow which The generall reformation after an exhortation to Bishops for exemplary life modestie in apparell and food and frugality doth forbid 1. That they shall giue to their kinred or any of their family any part of the reuenues of the Church except they bee poore extending the same to all beneficed persons secular or regular and also vnto Cardinals 2. That the Bishops shall in the first Prouinciall Councell receiue the Decrees of this Synod of Trent promise obedience to the Pope Anathematize the heresies condemned and euery Bishop promoted hereafter shall doe the same in the first Synod and all beneficed men who are to assist in the Diocesan Synode shall doe the same therein Those who haue the care of Vniuersities and studies generab shall endeauour to make the Decrees to be receiued in them and the Doctours to teach the Catholique faith in conformitie of them and shall take a solemne oath herein euery yeere And for those which are immediatly subiect to the Pope his Holinesse will haue care that they be reformed in the same manner by his Delegats or as hee shall thinke fit 3. That howsoeuer the sword of excommunication is the sinew of Ecclesiasticall discipline profitable to keepe men in obedience it is to be vsed with sobriety and circumspection hauing found by experience that it is more contemned then feared when it is denounced rashly for a small cause Therefore it shall not be denounced by any but by the Bishop for things lost or stollen who shall not grant it at the perswasion of any secular authority whatsoeuer though a Magistrate And in iudiciall causes in which a reall or personall execution may bee made they shall abstaine from censures and in ciuill belonging in what manner soeuer to the Ecclesiasticall Court they may vse pecuniary punishments or proceed by distraining of goods or imprisonment of the parties themselues with their executors or others and in case they be not able to execute really or personally they may proceed to excommunication And the same shall be obserued in criminall causes The secular Magistrate shall not prohibite the Ecclesiasticall to excommunicate or reuoke excommunication vpon pretence that the Decree hath not beene obserued The person excommunicated shall not onely not be receiued to participate with the faithfull but if he perseuere in the censures he may be proceeded against as suspected of heresie 4. It doth giue power to the Bishops in the Diocesan Synods and to the Heads of the Orders in the generall Chapters to ordaine for their Churches that which shall bee for the honor of God and benefite of them when there shall be an obligation to celebrate so many Masses by testamentarie legacies that they cannot bee performed or that the almes is so small that none can bee found to performe the charge but with condition that memory be alwaies made of those parties deceased who haue left the legacies 5. That in the collation or any other disposition of Benefices no derogation bee made to the qualities conditions and charges required or imposed in the erection or foundation or by any other constitution otherwise the prouision shall bee accounted surreptitious 6. When the Bishop not in time of visitation doth proceed against the Canons the Chapter shall elect two in the beginning of euery yeere by whose councell and consent the Bishop shall proceed in all the acts and the voyces of both shall bee as one and in case they both dissent from the Bishop a third shall bee elected by them who shall determine the controuersie and if they cannot agree the third man shall bee elected by the next Bishop But in causes of concubinaries or other more hainous the Bishop may receiue information alone proceed to retention and for the residue shall obserue what is ordained The Bishop shall haue the first seate in the quire Chapter or other publique places and shall choose his place The Bishop shall preside in the Chapter except in cases belonging to him or his which authority shall not bee communicated to his vicar and those who are not of the Chapter shall in causes Ecclesiasticall be all subiect to the Bishop and where Bishops haue more iurisdiction then the aforesaid the Decree shall not haue place 7. Heereafter no regresse or accesse to any Ecclesiasticall benefice shall bee granted and those which be granted already shall neither bee extended nor transferred and herein the Cardinals shall be comprehended also Coadiutors with future succession shall not be made in any Ecclesiasticall benefices whatsoeuer and if in Cathedrall Churches or Monasteries it shall be necessary to doe it the cause shall first be knowen by the Pope and the due qualities shall concurre 8. All beneficed men shall vse as much hospitality as their reuenue will giue them leaue and it doth command those who haue the gouernement of Hospitals vnder what title soeuer to exercise it as they are bound by the reuenues deputed hereunto and if persons of that sort as the institution doth require be not found in the place the reuenues shall be conuerted to a pious vse as neere as can be to that as shall seeme good to the Bishop with two of the Chapter And those who will not giue
satisfaction in this charge of hospitality may be compelled though they be Laikes by censures and other remedies to performe their duety and shall be bound to the restitution of fruits in court of conscience and such gouernements shall not begiuen hereafter to any for longer time then three yeeres 9. The title of Patronage shall be shewed to be authenticall by foundation or donation or by presentations multiplied time out of mind or by some other lawfull manner But in persons and communities in whom vsurpation is vsually presumed the proofe shall be more exact and time immemoriall shall not suffice except presentations of fiftie yeeres at the lest bee authentically shewed and that they haue all taken effect Other sorts of Patronages shall be vnderstood to be abrogated except those of the Emperour Kings possessours of Kingdomes and supreme Princes and of generall studies The Bishop may refuse to admit those that are presented by the Patrons if they be not fit and the Patrons shall not meddle with the fruits neither shall the right of Patronage be transferred against the canonicall ordinations and the vnions of simple benefices to those which haue right of patronage if they haue not really taken effect shall wholly cease and the benefices shall be reduced to liberty and those that haue beene made within fourtie yeeres though they haue beene executed shall be reuiewed by the Bishops and if any defect be found shall be made void and likewise all Patronages shall bee reuiewed made within fourty yeeres for augmentation of dowrie of the Church or for building it anew and if they shall not bee found to bee for the euident vtility of the benefice they shall bee reuoked and that shall bee restored to the Patrons which is due vnto them 10. That in Prouinciall Councels or Diocesan foure persons at the least shall bee elected endowed with fit qualities to whom Ecclesiasticall causes shall bee committed which are to bee delegated by the Legates Nuncij or Apostolique Sea and all other delegations shall bee thought to bee surreptitious 11. Money shall not bee receiued before hand for Ecclesiasticall goods in preiudice of the successours nor Ecclesiasticall iurisdictions rented out neither shall the Farmours of them haue power to exercise them and the farming of Ecclesiasticall things though confirmed by the Pope done within thirtie yeares for a long time that is for twenty nine or more yeares ought to be iudged by the Prouinciall Synod to haue bin done with dammage of the Church 12. Those who are bound to pay tenthes shall pay them hereafter to whom they are intirely obliged and he that with holdeth them ought to bee communicated and not to be absolued before restitution And it exhorteth all to whom God hath giuen wealth to impart some of it to Bishops and Priests who haue poore Churches 13. Whereas the fourth of the funerals was vsually paid vntill within these forty yeeres vnto the Episcopall or Parish Church and was afterwards graunted to pious places it shall bee restored to them againe 14 It doeth forbid all Clearkes to keepe Concubines or any suspected women at home or abroad which if they forbeare not to doe after admonition they shall bee depriued of the third part of their Ecclesiasticall rents of all after the second admonition and suspended also from administration of the Sacraments and in case they perseuere they shall be depriued of all Benefices and made vncapable of any other vntill they shall bee dispensed with and if after they haue forsaken them they shall returne they shall bee excommunicated also and the cognition of these causes shall belong onely to Bishops summarily But Clearkes not beneficed shall bee punished with imprisonment suspension or inhabilitie And if the Bishops themselues shall fall into the like errour and not amend after admonition giuen by the Prouinciall Synod they shall bee susspended and if they perseuere they shall bee delated to the Pope 15 The sonnes of Clearkes not borne of lawfull matrimony shall not haue any Benefice or ministery in Churches where their fathers haue or haue had a Benefice nor haue any Pensions in Benefices which the fathers either haue now or haue had and if at any time the father and sonne shall bee beneficed in the same Church the sonne shall bee bound to resigne within three moneths prohibiting also resignations which the father shall make to another that hee may resigne his owne to his sonne 16. Benefices with cure shall not bee conuerted into simple Benefices and in those which are conuerted already if the perpetuall Vicar hath not a conuenient rouenue it shall bee assigned to him at the pleasure of the Bishop 17. Whereas some Bishops carry themselues basely towards the Ministers of Kings men of preheminence and Barons as well in the Church as without and not onely giue them place with too much indignity but serue them in person the Synod detesting this and reuiuing the Canons concerning the Decorum of Episcopall dignitie doeth commaund Bishops to forbeare this and regard their Decree both in Church and without remembring they are Pastors and also commaundeth Princes and others to giue them honour and reuerence due to fathers 18. The Canons shall be obserued indistinctly by all and shall not bee dispenced but for a cause heard with maturity and without cost 19. The Emperour Kings and Princes who shall grant duell betweene Christians shall be excommunicated and depriued of the dominion of the place in which the duell is committed if they hold it from the Church and the Combattants and Iudges of the combat shall bee excommunicated haue their goods confiscated and be perpetually infamous and if they die in the duell they shall not bee buried in any sacred place and those who giue them counsell either in iure or in facto or perswade them to the duell and the lookers on shall bee excommunicated 20. In The reformation of Princes the end the Article of Ecclesiasticall libertie or reformation of Princes which had beene so much examined was read In it the Synod doeth admonish secular Princes hoping they will grant to the Church the restitution of her rights reduce their Subiects to reuerence the Cleargie and not permit their officers and inferiour Magistrates to violate the immunitie of the Church and Ecclesiasticall persons but that together with themselues the Princes they will be obedient to the constitutions of the Pope and of Councels determining that all constitutions of generall Councels of the Apostolike Sea in fauour of Ecclesiasticall persons and libertie shall bee obserued by all admonishing the Emperour Kings Republiques Princes and all to reuerence the things that belong to Ecclesiasticall right and not to suffer them to be violated by inferiour Lords their Magistrates or Ministers that the Clerkes may reside and performe their dutie without impediment and with edification of the people After this a Decree was read neuer mentioned A Decree concerning the Apostolike Sea neuer mentioned before in any Congregation by which
the Synod doth declare that in all the Decrees of reformation made vnder Paul Iulius and Pius in the Councel with what words or clauses soeuer it shall be vnderstood that the authoritie of the Apostolike Sea is excepted and preserued Being not able to dispatch all the day being farre spent the residue was deferred vntill the next morning according to a determination made in the The Decrees of Indulgences finishing the Councell and of demanding the Popes Confirmation c. generall Congregation in which the Congregation was made before day howsoeuer newes was come that the Pope was better and out of danger of death The decrees of Indulgences finishing the Councell and demaunding confirmation were read and approued by all After dinner the Session was held in which the decree of Indulgence was read containing in substance That CHRIST hath giuen authoritie of granting them to the Church and hath vsed the same from all antiquitie And therefore the Synod doeth teach and command that the vse of them ought to bee continued as profitable for Christian people and approoued by Councels and doeth anathematize those that shall say they are vnprofitable and that the Church hath not power to graunt them And to preserue the ancient custome and prouide against abuses it doeth commaund that all those offices of Pardonmongers be abolished and for the other abuses it doth command the Bishops that euery one shall collect all of his owne Church and propose them in the Prouinciall Synod to be referred to the Pope who will take order therein Concerning fasts difference of meates and obseruation of feasts it exhorteth Bishops to obserue the precepts of the Roman Church and for the Index howsoeuer it was finished in regard the Synod hath not time to iudge of it it doth ordaine that it shall be carried to the Pope and referred to his censure and the same shall bee done concerning the Catechisme Breuiaris Missall It published also mother decree that by the places assigned to Ambas it shall be vnderstood that no man is preiudiced In the end it prayeth the Princes to vse meanes that the decrees of the Councell be not violated by the heretickes but receiued and obserued by them and by all in which if any difficultie or necessirie of declaration shall arise the Pope calling The Decrees of the two former conuocations are recited those whom he shall iudge fit from the places where the difficultie is or calling generall Councels or by some other meanes will make prouision Afterwards all the decrees of reformation made in this Councell vnder Paul and Iulius as well of faith as of reformation were recited For the last thing the Secretarie going into the midst did interrogate whether the Fathers were pleased that an end should bee made of that Synod and in the name of it of the Legats and Presidents a confirmation demaunded of Pope Pius the fourth of all things decreed vnder Paul Iulius and his Holinesse And they answered not one by one but all together Placet Cardinall Morone as chiefe President granted to euery one that was present in the Session or had assisted in the Councell a Plenary Indulgence and blessed the Councell The Councel is ended And a plenary Indulgence is giuen and dismissed them all saying that after they had giuen thanks to GOD they might goe in peace It was an ancient custome in the Orientall Churches to handle the matter of Councels in a publique meeting of all and vpon occasion popular acclamations did often happen and sometimes tumultuous which notwithstanding did conclude in concord And in the end the Bishops transported with ioy for the vniforme determinations did passe to acclamations in praise of the Emperours who had assembled and fauoured the Councell in commendation of the doctrine declared by the Councell in prayers to The custome of Acclamations is imitated in Trent GOD for his continuall diuine assistance to the Church for the welfare of the Emperours and for the health and prosperitie of the Bishops which were not premeditated but as the spirit did excite some Bishop more zealous to breake out fitly into some one of these conceipts so the common concourse did cry with him This was imitated in Trent yet not giuing place to the extemporary spirit of any but meditating what should bee proposed and answered and repeating it out of a paper The Cardinall of Loraine Wherein the Card. of Loraine was chiefe tooke vpon him to bee the chiefe not onely to compose the acclamations but to thunder them out also which was generally construed for a lightnesse and vanitie not beseeming such a Prelate and prince to doe an office which did belong rather to the Deacons of the Councell then to so principall an Archbishop and Cardinall The Cardinall roaring and the Fathers answering A long life for his Holinesse and eternall felicitie for Paul and Iulius were prayed for likewise eternall memory for Charles the fift and for the Kings protectors of the Councell long life for the Emperour Ferdinand and for the Kings Princes and Repuqligues many thanks were giuen to the Legats and Cardinals and long life wished vnto them life and happy returne to the Bishops and the faith of the holy general Synod of Trent was commended as the faith of S. Peter of the Fathers and of the Orthodoxe An Anathema An excommunication of heretiques in generall onely was denounced against all Hereticks in generall in one word onely not specifying either ancient or moderne The Fathers were cōmanded vpon paine of excommunication to subscribe the Decrees with their owne hand The next day being Sunday was spent in this and to doe it in order there was as it were a congregation And the subscriptions were of foure Legats two The number of those that suscribed Cardinals three Patriarkes fiue and twentie Archbishops 268. Bishops seuen Abbats nine and thirty Proctours of men absent seuen Generals of Regular orders And howsoeuer it had beene determined that the Ambassadours should subscribe after the Rathers yet a contrary resolution was then taken for two respects One was that the French Ambassadour being not The ambassadors did not subscribe for two causes there if the subscriptions of the others should be seene and not his it might bee thought a manifestation that the French-men would not receiue the Councell The other because the Count of Luna had said that hee would not subscribe absolutely but with reseruation because his King had not consented to the ending of the Councell And the Legats published that it not being the custome that the Decrees should bee subscribed by any that hath not a deliberatiue voice it would bee a thing vnusuall if the Ambassadours should In Rome when the Pope fell sicke all fearing his life there was much 〈◊〉 Popes 〈…〉 e made 〈◊〉 confu 〈…〉 the 〈◊〉 confusion in the Court. For neuer hauing knowen a Pope die in time of a Councell they were very fearefull what might happen They had