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
fornication and to confine the dispensutions also with in the limits which shall be spoken of in reciting the Decrees There was some contention also about the ninth poynt in which Superiours Whether one may be forbid or forced to marry are forbidde to force their subiects to marry with threats and punishments naming the Emperour and Kings Gulielmus Cassodorus Bishop of Bacellona opposed and saide that it could not bee presupposed that great Princes would meddle in mariages but for great causes and for the publique good that threats and punishments are then bad when they are vsed contrary to order of law but penall precepts conformable to the law are iust and can not bee reprehended If there be any case he said in which the Superiour may iustly command a mariage he may force the celebration of it by penall commands alleading also that it is a thing decided by the Diuines that iust feare doth not cause an inuoluntary action Hee desired that lawfull causes might be excepted and those Superiours only comprehended in the Decree who doe compell against iustice and order of the law saying that many cases may occurre in which the necessity of the publique good doth require the celebration of a mariage which hee that would say that a prince could not command and cause by compulsion to bee celebrated should offend against the law of God and man To this reason he added an example that in the yeere 1556. the second of Ianuary Paul the 4. sent a monitorie to Dame Ioan of Arragon wife of Ascanius Columna that she should not marry any of her daughters without his leaue or if she did the matrimony though consummated should be void which that most wise and sincere Pope would not haue done if Princes had not power to marry their subiects in case of the publique good In the point of not mentioning Princes he was followed by many and the name of the Emperour Kings and Princes was taken away But for the residue hee was much opposed with this reason onely that Matrimony is an holy thing in which the Secular power hath no authority and if there be any lawfull cause to compell any to marry it must be done by the Ecclesiasticall power onely The relation of the monitory of Paul raised a great wispering in the Congregation and afterwards gaue matter of diuers discourses Some sayd he did it not as Prince but as Pope and that he had reason to doe it in regard Ascanius Columna being a traytor vnto him he would not haue him get new adherences by mariage of his daughters by which hee might bee confirmed in his contumacie Others said that the Pope as Vicar of CHRIST hath no traitors intemporall matters and that the opinion of those who thinke that mariages may be made void by Apostolique authority is not well grounded except it bee by course of law or generall canons but not for particular persons and that for this neither reason can be brought nor example found Some denied that one might ground himselfe vpon such actions of popes which shew rather how farre the abuse of their power can stretch then how farre the lawfull vse thereof is extended And there was no lesse difficulty because the Decree did comprehend fathers mothers and other domesticall Superiours who might compell their children especially daughters to marry and it was considered that to come to excommunication in cases of this kind was very hard Yet those who before had defended that children were bound to obey their Fathers in this particular did maintaine it A temper was proposed that hauing first commanded politique Superiours vpon paine of excommunication domesticall Superiours should bee admonished not to compell their children against their will But the same men still opposed and said it was not iust to take from fathers that power which God hath giuen them And in the end it was resolued to take this part quite away But the bishop of Barcellona and some few besides were not of the same opinion as to say that as the authority of fathers and other domesticall Superiours ouer mariages was manifest or at the least not to bee doubted and therefore not to bee spoken of so the same consideration ought to bee had of the authoritie of Politique Superiours The Congregations assembled to discusse this point beeing ended the last whereof was the last of Iulie they beganne to speake priuately of secret mariage And both parties continuing in their owne opinions some said that the difficulty doth presuppose a doctrine of faith and therefore cannot bee determined beeing contradicted by a notable number This troubled them much who desired they should bee made voide and thought that they were wholly barred from all possibility to obtaine it At this time a difficulty arose though priuate yet very contentious A difficulty about censuring the Archbishop of Toledo For the Deputies concerning the Index hauing giuen the worke of Bartholomeus Caranza Arch-bishop of Toledo to some Diuines to bee perused and they hauing related that nothing worthy of censure was found in it the Congregation did approoue it and made publique faith thereof at the petition of his Agent But because the booke and the authour were vnder the censure of the Inquisition of Spaine the Secretary Castellunne complained to the Count of Luna and the Count to the Fathers of that Congregation desiring a retractation The father 's not inclining to reuoke the Decree because they thought it iust the bishop of Lerida either mooued by the Count or for some other cause beganne to speake against it and to taxe it alleadging places of the booke which by a bad interpretation did seeme to deserue censure and which was more touched the iudgement and conscience of those Bishops The Arch bishop of Prague the chiefe of that Congregation in defence of himselfe and his colleagues complained to the Legates desiring they would shew themselues in the businesse and protesting not to assist in any publique act vntill the Congregation had due satisfaction The Cardinall Morone interposed and made peace with these conditions that no other copie of the faith made should bee giuen and that Lerida should giue satisfaction of words to the Congregation and to Prague in particular and that all should bee forgotten on both sides And the Count of Luna with vnresistable entreaties got the testimonie out of the hands of the Agent of Toledo and so this stirre was appeased The Legates gaue the Articles of reformation to the Ambassadours in number thirty eight that they might commend to their consideration what pleased them before they were giuen to the Fathers to bee discussed which 38. Articles of Reformation Articles were diuided and one halfe allotted for the next Session and the other for the Session following for the reasons which shall bee related hereafter The Count of Luna perswaded the other Ambassadours to demaund that deputies might be elected for euery Nation to consider what was fit to be reformed because the modell
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
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
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.
in those negotiations Hauing therefore collected so many things as may minister vnto me sufficient matter for a narration of the progresse I am resolued to set it downe in order I wil relate the causes and managings of an Ecclesiasticall Conuocation by some for diuers ends and by diuers meanes procured and hastened by some hindered and deferred for the space of 22. yeeres and for 18. yeeres more sometimes assembled sometimes dissolued alwayes celebrated with diuers intentions and which hath gotten a forme and conclusion contrary altogether to the deseigne of them that procured it and to the feare of those that with all diligence disturbed it a cleere instruction for vs to referre our selues to God and not to trust in the wisedome of man For this Councell desired and procured by godly men to reunite the 1500 ALEXAND 6. MAXIMILL 1. HENRY 7. LEVVIS 12. The conclusion of this Councell was contrary to the opinion of all men Church which began to bee diuided hath so established the Schisme and made the parties so obstinate that the discords are become irreconciliable and being managed by Princes for reformation of Ecclesiasticall discipline hath caused the greatest deformation that euer was since Christianity did begin and hoped for by the Bishops to regaine the Episcopall authority vsurped for the most part by the Pope hath made them loose it altogether bringing them into greater seruitude on the contrary feared and auoided by the Sea of Rome as a potent meanes to moderate the exorbitant power mounted from small beginnings by diuers degrees vnto an vnlimited excesse it hath so established and confirmed the same ouer that part which remaineth subiect vnto it that it was neuer so great nor so soundly rooted It will not be inconuenient therefore to call it the Iliade of our age in the explanation whereof I will exactly follow the truth not being possessed with any passion that may make me erre And hee that shall obserue that I speake more copiously of some times and more sparingly of others let him remember that all fields are not equally fruitfull nor all graines deserue to be kept and that of those which the Reaper would preserue some eare escapeth the hand or the edge of the sickle that being the condition of euery haruest that some part remaineth to be gleaned after But first I must call to minde that it hath beene a most ancient custome in the Church of Christ to compose the differences of Religion and to reforme The originall cause progresse of Synods the corrupted discipline by the conuocation of Synods So the first which began in the life time of many of the holy Apostles whether the conuerted Gentiles were bound to obserue Moses law was composed by a meeting in Hierusalem of foure Apostles and of all the faithfull which were in that Citie by which example in the occurrences which incidently sprung vp in euery prouince for the space of 200. yeeres and more afterwards the Bishops and chiefest of the Churches assembled themselues together to qualifie and end them that being the onely remedy to reunite diuisions and to accord contrary opinions But after that it pleased God to giue peace vnto his Church by exciting Constantine to fauour religion as it was more easie for many Churches to communicate and treate together so also the diuisions became more common And whereas before the differences went not out of a city or at the most out of a Prouince now by reason of the liberty of meeting together they extended themselues ouer the whole Empire Wherefore also it was necessary that the Councels which were the vsual remedie should be assembled from places more distant Whereupon a Councell of the whole Empire being congregated in those times by that Prince it had the name of the holy and great Synod and a litle after was called the general Oecumenical Councel though not assembled from all parts of the Church a great part whereof extended it selfe beyond the bounds of the Romane Empire but because the vse of that age was to call the Emperour Lord of the whole habitable earth howbeit the tenth part thereof was not subiect vnto him By which example the like Councels were called by Constantine his successors in other occurring differences of Religion And though the Empire was diuided into the Easterne and Westerne notwithstanding the affaires thereof being managed A new deriuation of the name of generall Councels vnder a common name the Conuocation of Synods throughout the whole continued still 7 But after that the East was so diuided from the West that there remained no more communion in the Soueraignty and after that the East was for the most part possessed by the Saracens and the West parted amongst many Princes the name of an Vniuersall and oecumenicall Councell was no more deriued from the Roman Empire but amongst the Grecians from the assembly of the fiue Patriarkes and in these countreys of ours from the vnitie and communion of those Kingdomes and States which obeyed the Pope in causes Ecclesiasticall And the assembling of these hath beene continued not to appease the dissentions about Religion principally as before but either to make warre in the Holy-land or to compose Schismes and diuisions of the Church of Rome or else for controuersies betweene the Bishops and Christian Princes 8 In the beginning of the 16. centurie of yeeres after the natiuitie of our 1500 Sauiour Christ there appeared no vrgent cause to celebrate a Councell neither was there any likely to happen for a long space For the complaints of many Churches against the greatnesse of the Court seemed absolutely to be appeased and all the countreys of the Westerne Christians were in the communion and obedience of the Church of Rome Onely in a small part that is in that tract where the Alpes are ioyned with the Pyrences there were some remainders of the olde Waldenses or Albigenses In whom notwithstanding Waldenses in the Alpes there was so great simplicitie and ignorance in learning that they were not fit to communicate their doctrine vnto others besides their neighbours conceiued so sinister an opinion of their impietie and obscenitie that there was no danger that the contagion could spread any further 9 In some Cantons also of Bohemia there were some few who maintained Picards in Bohemia the same doctrine euen remnants of those whom the Bohemians call Picards whose increase could not be feared for the same reason 10 In the same Kingdome of Bohemia there were some followers of Iohn Hus which were called Calistini or Subutraque who except that particular Calistial in Bohemia that in the holy Communion they ministred the Cup vnto the people in other things differed not much from the doctrine of the Church of Rome But these also were not esteemed considerable aswell for their small number as because they wanted learning neither did it appeare that they desired to communicate their doctrine nor that others were curious to
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
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
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
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
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
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
England did waxe greater for that the Emperour had neuer The Popes disdaine against the Emperour is increased assented to any of those maine and ample matches offered him by the Cardinall Farnese whom he sent Legate with him into Germany concerning the grant of the Dutchie of Milan to the Familie of the Farnesi and that being to assist in the Diet of Spira he would not suffer the Cardinall Legate to follow him thither for feare of offending the Protestants And finally considering the Decree made in the Diet so preiudiciall to him and the Apostolique sea he was more offended because hee saw his hopes lost and his authoritie and reputation much diminished and iudged it necessarie to shew he was sensible of it And though on the other side hee considered that his partie in Germany was weakened and was counselled by his most inward friends to dissemble yet finally beeing assured that by declaring himselfe openly against Caesar hee did more straitly binde the French King to maintaine his reputation hee resolued to begin from wordes to take occasion to passe to deeds as the coniunctures should comport And the fifth of August he wrote a great long letter to the Emperor the substance whereof was That hauing vnderstood what decrees were made The Pope writeth a long angry letter to the Emperour in Spira his duty and fatherly charitie did inforce him to tell him his opinion that he might not follow the example of Ely the Priest whom God seuerely punished for his too much indulgence towards his sonnes That the Decrees of Spira were dangerous for the Emperours soule and extreamly troubled the Church that hee should not violate the rules obserued by Christians which command that in the cause of religion all should bee referred to the Church of Rome and yet hee not esteeming the Pope who onely by the law of God and man hath power to call Councels And to decree in spirituall matters was willing to thinke of assembling a Generall of Nationall Councell and hath suffered Idiots and Heretiques to iudge of religion hath made decrees concerning sacred goods restored to honour the rebels of the Church whom he had condemned by his owne Edicts that he is willing to beleeue that hee hath not done these things by his owne inclination but by the pernicious counsell of those that beare ill will to the Church of Rome and that he complaineth of this that he hath yeelded vnto them that the Scripture is full of examples of the wrath of God against the vsurpers of the office of the High Priest of Vzza Dathan Abiron and Core of King Ozias and others That it is not a sufficient excuse to say the Decrees are but temporary vntill the Councel onely For though the thing done be holy yet in regard of the person that did it it not belonging to him it is wicked That God hath alwayes exalted those Princes that haue beene deuoted to the sea of Rome Head of all Churches Constantine the Theodosij and Charles the Great and contrarily hath punished those that haue not giuen due respect vnto it Examples hereof are Anastasius Mauritius Constan◠the 2. Pilip Leo and others and Henry the 4. was for this cause chastised by his owne sonne as also Fredericke the 2. by his And not Princes onely but whole Nations haue beene punished for it the Iewes for putting to death Christ the Sonne of God the Grecians for hauing many wayes contemned his Vicar which things he ought the more to feare because he is descended from those Emperours who haue receiued more honour from the Church of Rome then they haue giuen it That he commendeth him for desiring the amendment of the Church but withall doth aduise him to leaue the charge thereof to him to whom God hath giuen it That the Emperour is a Minister but not a Gouernour nor an Head He added that hee desired the reformation and hath declared it often by intimating the Councel whensoeuer any sparke of hope hath appeared that it might be assembled and though in vaine vntill then yet hee had not beene wanting to his duety desiring much a Councel which is the only remedy against all mischiefes as well for the generall good of Christendome as the particular of Germany which hath more neede thereof That it hath beene intimated already though deferred vntill a more commodious time by reason of the warres That it belongeth to the Emperour himselfe to giue way that it may bee celebrated by making peace or deferring the warre while matters of religion are handled in the Councel That hee should obey these fatherly commandes exclude from the Imperiall Diets all disputes about religion and referre them to the Pope ordaine nothing concerning Ecclesiasticall goods reuoke the grantes made to the rebels against the Sea of Rome otherwise to performe his owne duety that he shall be forced to vse greater seuerity against him then hee would THE HISTORIE OF THE COVNCELL OF TRENT THE SECOND BOOKE THe Warre betweene the Emperour and the French The Emperor is wholly incliued to peace which was cōcluded the 24. of September King lasted not long For the Emperor saw plainely that while he was busied in that and his brother in the other against the Turke Germanie so much increased in libertie that the Imperiall name would not be esteemed within a short time and that so long as hee made Warre in France he imitated Esops dogge who following the shadow lost both it and the bodie Whereupon he hearkened to the propositions of peace made by the French men with designe not onely to be freed from that impediment but by the Kings meanes to accommodate the Turkish affaires and applie himselfe vnto Germanie The foure and twentieth of September the peace was concluded betweene them and amongst other things they both capitulated to defend the old Religion and to labour for the vnion of the Church and reformation of the Court of Rome from whence all the dissensions are deriued and that for this purpose the Pope should ioyntly be requested to call the Councell and the French King should send to the Diet of Germanie to perswade the Protestants to accept it The Pope was not afraide of the capitulation for the Councell and reformation of the Court being assured that whensoeuer they began that enterprise by reason of their diuers ends and interests they would not long agree neither did he doubt but that the designe being to be executed by a Councell he would so accommodate euery treatie that his authoritie should be amplified But he thought that in case he should call the Councell at their request the world would imagine he was constrained which would bring much dishonour to his reputation and incouragement to him that designed the moderation of the Papall power Therefore not expecting to be preuented by any of them and dissembling The Pope dissembleth his suspicions the suspicions conceiued against the Emperour euen those that were most important which the peace made
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
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
great reason to exempt from originall sinne none but him For vnto him the promise of the Redeemer was made CHRIST is euer called the seed of Abraham and Abraham the Father of CHRIST and of all that beleeue a paterne of the faithfull These be greater dignities then to beare CHRIST in the belly according to that diuine answere that the Virgin was more blessed in hauing heard the word of GOD then in hauing borne CHRIST and giuen him sucke And he that will not for preheminencie except Abraham but onely esteeme for sound the ancient reason that CHRIST IS without sinne because he was borne of the holy Ghost without the seed of man will say it is better to follow the councell of the wise man and containe ones selfe within the bounds set downe by the Fathers They added that the world was much bound to the Councell for being contented to say that it confesseth and thinketh that concupiscence remaineth in the baptized or else men would be compelled to deny to feele that which they do In the decree of reformation it was expected that order should haue been taken with the schoole-men and Canonists with these for giuing diuine proprieties to the Pope euen to call him God attributing vnto him infallibilitie and making the same tribunall of both saying also that he is more mercifull then CHRIST with the Schoole men who leauing the Scripture or making it all doubtfull haue made Aritostles Philosophy the foundation of Theologie euen making a question whether there be a GOD and disputing of it on both sides It seemed strange that it was vnknowen vntill then that to preach was the office of Bishops that the abuse of preaching vanities or any thing but CHRIST was not remooued that prouision was made against the open merchandizing of Preachers vnder the name of almes Newes beeing come of these decrees to the Emperours The D 〈…〉 es a 〈…〉 in the Emperors Court Court it was taken in ill part that light matters not required by Germany were handled and that in matter of faith the disputes were awaked by the decree For the controuersie of originall sinne being almost agreed in the Colloquies from the Councell from whence composition was expected a decree did proceed against the things accorded and it was written in the Emperours name to his Ministers in Trent that they should promote the reformation and endeauour that the controuersie of faith should be deferred vntill the Protestants came whom the Emperour was perswaded hee could bring thither or at least vntill the Prelates of Germany did arriue who would put themselues into the iourney so soone as the Diet was ended But they talked but a little while of these affaires of the Councell because other accidents happened which drew all mens eyes and mindes vnto them For in Rome the 26. of Iune the Cardinall of Trent concluded a league The Cardinall of Trent concludeth a league the 26. of June betweene the Pope and the Emperour against the Protestants betweene the Pope and Emperor against the Protestants of Germanie the treaty whereof was begun the yeere before in Wormes by Cardinall Farnese as hath been said and afterwards continued by other Ministers The causes alleadged and the conditions were because Germany had a long time perseuered in heresie for remedie whereof the Councell was assembled in Trent and already begun whereunto the Protestants refusing to submit the Pope and Emperour for the glory of GOD and safetie of Germanie doe agree The causes and capitulations of this league that the Emperour shall take armes against those that refuse it and reduce them to the obedience of the holy Sea and for this the Pope shall lay in Venice an hundred thousand crownes in trust beside the hundred thousand laid there all ready to spend in this vse onely and shall send to the war at his owne charges twelue thousand Italian foote and fiue hundred light horse for sixe moneths shall giue the Emperour for this yeere halfe the rents of the Churches of Spaine and power to alienate of the reuenewes of the Monasteries of those kingdomes to the valew of fiue hundred thousand crownes that during the sixe moneths the Emperour shall not make an accord with the Protestants without the Pope who also shall haue a certaine portion of whatsoeuer is gained by the war and if the war continue longer new capitulations which shall seeme fit to both parties shall be treated on and place shall be left for other to enter into the league bearing part of the charges and receiuing part of the profits There was one capitulation apart which was kept secret concerning the French Kings that if any Christian Prince during the warre did mooue latines against the Emperour the Pope should bee bound to persecute him with spirituall and temporall forces A few dayes after the Pope wrote to the Suisses inuiting them to assist The Pope writeth to the Suissès him first shewing in ample termes his beneuolence towards them and the griefe he felt for that some of them had ostranged themselues from his obedience and thanking God for those who perseuered and commonding them all for that in this difference of religion they keep themselues in peace whereas in other places diuers tumults did arise for the same cause he added that to prouide against them hee had ordained the Counsell of Trent hoping that no man would refuse to submit himselfe and hee was assured that those amongst them who vntill then 〈◊〉 in the Apostolicall obedience will obey the Councell and the others not conteinneth Hee inuited them also to come thither complayning that many in Germanie who are called Princes did proudly disdaine and despise the Councell whose authoritie is rather Diuine then humane This hath compelled him to thinke of force and Armes And because it hath happened that the Emperour hath made the same resolution hee hath beene constrained to ioyne With him and assist him with his owne and the Churches power to restore religion by warre That hee was willing to signifie his purpose and minde vnto them that they may ioyne their prayers with him render the auncient honour to the Church of Rome and assist him in so pious a cause But the Emperour made shew he vndertooke the warre not for religion The Emperor would not haue it thought that this war is made for religion but for matters of State for that some denied him obedience plotted with strangers against him and refused to obey the Lawes vsurped the possessions of others especially the Churches going about to make Bishoprikes and Abbacies hereditarie and that hauing prooued diuers gentle meanes to reduce them they euer became more insolent On the other side the Protestants laboured to make manifest to the And the Protestants shevv the contrary world that all proceeded from the instigation of the Pope and of the Councell of Trent They put the Emperour in minde of the Capitulations which he swore in Frankfurt when hee was
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
the artifice of that proposition which is in the fifth Chapter Neque homo ipse nihil omnino agat which they sayd was not intelligible and without example For if the Synode would signifie Etiam homo ipse aliquid agat it might say so plainely as is fit to doe in matter of faith where the more simple expression is the better and if they would vse an elegancie they might say Etiam homo ipse nihil agat But the word omnino beeing interposed that speech is incongruous and without sence as all are which haue two negatiues that cannot be resolued into an affirmatiue For to resolue that one must say Etiam homo ipse aliquid omnino agat which is incongruous and not to bee vnderstood what aliquid omnino may signifie heere For it would say that a man hath an action in a certaine kinde which in another kinde is no action The Fathers were defended by saying that to examine the forme of Speech so seuerely was nothing but to cauill Whereunto they replyed that a gentle interpretation was due vnto vsuall formes of speach but that it is a publique vtility to discouer the artifice of him that leauing the cleere and vsuall phrases inuenteth those that are incongruous and containe in them contradiction to cauill and to play on both sides Those that vnderstood Theologie said that the doctrine that a man may alwayes refuse diuine inspirations was contrary to the publike and ancient prayer of the Church Et ad te nostras etiam rebelles compelle propitius Uoluntates Which is not fit wee should say is a vaine desire but that it is made by faith as S. Iames saith and granted by God to his elected They added that one could no more say with S. Paul that it commeth not from man which doth separate the vessell of wrath from those of Gods mercie that which separateth being that humane Non nihil omnino Many did consider that place of the seuenth Chapter where it is sayd Iustice is giuen by measure according to the good pleasure of God and the disposition of the receiuer both which things cannot bee true For if it pleased God to giue more to him that were lesse disposed it would not bee by measure of the disposition and if it bee by the measure of that there is alwayes the motiue by which God worketh and doeth not vse his good pleasure They marueiled that those were condemned who sayd that the Precepts of God were impossible to bee kept seeing that the same Councell in the Decree of the second Session exhorteth the faithfull assembled in Trent that repenting confessing and communicating they should obserue the Commaundements of God Quantum quisquis poterit Which modification would bee impious if the iustified could keepe them absolutely and they noted that the same word Praecepta was there to take away all cauill Those that were read in the Ecclesiasticall Story sayd that in all the Councels held in the Church from the Apostles time vntill now there were neuer so many Articles decided as in this Session onely in which Aristotle had a great part by hauing exactly distinguished all the kindes of causes which if hee had not done wee had wanted many Articles of Faith The Polititians also though they ought not to examinematters of Religion but simply follow them yet found matter of discourse in this Decree For seeing in the tenth Chapter the Obligation of obeying the Commandements of GOD and the Church and the same replied in the twentieth Canon they were scandalized because there was no mention of Obligation to the commandements of Princes and Magistrates They said that obedience vnto these is more plainely set downe in the Scripture that the old Law is full of it that the doctrine is cleere in the new Testament expressed and handled at large by CHRIST himselfe by Saint Peter and Saint Paul That there is found an expresse Obligation to heare the Church but none expresse to obey it Hee is obeyed who commandeth of his owne power and hee is heard who doeth promulgate that which belongeth to another man Neither were these men satisfied with the excuse that the commandements of Princes are included in those of God and that obedience is due vnto them because God hath commanded they should bee obeyed But they replyed that by this reason the Church rather ought to bee omitted and said that the Church was expressed and the Princes passed ouer in silence to breede according to the ancient scope of the Ecclesiastiques that pernicious opinion that men are bound to obey them for conscience sake and Princes and Magistrates onely for feare of temporall punishments and that otherwise their commandements may be transgressed without respect and so to cause euery gouernment to be hated accounted tyrannicall and subuerted and by describing the subiection vnto Priests to be the only principall way to gaine heauen to draw all iurisdiction to themselues and by consequence all authority The Decree of reformation was said to bee a meere illusion For to trust in God and the Pope that prouision should bee made of persons worthy to gouerne the Churches belongeth rather to him that prayeth then to him that reformeth To renew the ancient Canons with one word onely and one so generall was more to confirme the disuse of them but if they would restore them in earnest they should remooue the causes which haue buried them in silence giue them strength by penalties and deputation of those that should put them in execution and should vse other meanes which doe reuiue and preserue Lawes In fine it was said to haue done nothing but establish that one might bee absent all the yeere by loosing halfe the reuenewes or rather one was taught how hee might not reside eleuen moneths and more without any punishment by interposing those thirty dayes or fewer in the midst of the other time of the yeere and that the Decree was wholly destroyed with the exception of iust and reasonable causes which no man is so simple as not to find being to haue Iudges for whom it will be profitable not to haue residencie practised This place requireth that mention should bee made of a particular accident which then begun though it ended not vntill after foure moneths belongeth wholly to the present Session maketh knowen what the Councell was and in what estimation it was had by those that assisted in it For the vnderstanding whereof I will repeat that Friar Dominicus Soto who had as hath been sayd a great part in the Synod in framing the Decrees of originall sinne and iustification hauing noted all the opinions and reasons vsed in Soto and Catarinus publish Bookes one againâ— another concerning the meaning of the Councell and the Fathers are much diuided those discussions thought to communicate them vnto the world and to draw the words of the Decree to his owne meaning printed a booke containing the whole together and did intitle it De natura gratia and did dedicate
it is a cause for that the effect doeth follow not by any vertue of its owne but by the promise of God to giue grace at that time as the merite is cause of the reward without any actiuitie This they prooued not onely by the authoritie of Scotus and Saint Bonauenture their Diuines but by Saint Bernard also who saith that grace is receiued by the Sacraments as a Canon is inuested by the booke and a bishop by the ring The reasons were expounded on both sides with great prolixitie and sharpenesse And they censured one another The Dominicans said that the other opinion was neere to Lutheranisme and the others that theirs being impossible gaue occasion to the heretikes to calumniate the Church Some good Prelates desired though without effect to make peace saying that in regard they agreed in the conclusion that the Sacraments conteine and are cause of grace it did little import in what manner and that it was better not descending to particulars to stand in the generall But the Fryars replied that they spake not of words but of establishing or annihilating the Sacraments There would neuer haue been an end if the Legate Sancta Croce had not giuen order that they should passe to that which remained and that afterwards they should returne to examine whether it were necessary to decide the point or to leaue it The Legates called vnto them the generals of the orders and prayed The Legates vse meanes to represse the dangerous libertie of the Fryars them to cause the Fryars to treat with modestie and charitie without partialitie to their owne sect shewing they were called to speake against heresies and not to make new arise by disputes And they wrote thereof to Rome shewing how dangerous the libertie was which the Friars did assume and to what it might come And they told the Pope that a moderation was necessary For there being a fame spred of those dissensions and censures which one partie pronounced against the other it must needs raise scandall and small reputation of the Councell It was thought fit to omit the fifth Article as decided in the former Session But Friar Bartholmew Miranda called to minde that Luther by that paradox of his that the Sacraments doe not conferre grace but by exciting faith drew also a conclusion that those of the old and of the Euangelicall law are of equall vertue which opinion was to bee condemned as contrary to the doctrine of the Fathers and the Church all hauing said that the olde Sacraments were onely signes of grace but the new conteine it and cause it No man did contradict the conclusion but the Franciscans proposed that it should not bee sayd of the old Law but of Moses Law in regard that Circumcision it selfe did cause grace but it was not a Mosaicall Sacrament for CHRIST also said it was not of Moses but of the Fathers and also because other sacrifices before Abraham did conferre and cause grace The Dominicans replyed that Saint Paul sayd plainely that Abraham had receiued the Circumcision onely for a signe that hee being the first vnto whom it was giuen it is as much as to say it was instituted onely for a signe And the questions of the manner of conteining and causing grace returned into the field Friar Gregorie of Padua said hereupon that it was a cleere case in Logique that things in the same kinde haue identitie and difference among themselues If the old Sacraments and ours had onely difference they would not all bee Sacraments but equiuocally if onely identitie they would bee absolutely the same thing Therefore they must beware to put difficultie in plaine matters for some diuersitie of wordes and that Saint Augustine had sayd that these and those are diuers in the signe but equall in the thing signified And in another place that they were diuers in the visible species but the same in the intelligible signification and that else where he puts a difference that those were promissiue and these demonstratiue which another doth expresse in another terme that those were prenunciatiue and these contestatiue Whence it plainely appeareth that they agree and differ in many things which no sensible man can deny and therefore it was wisedome not to put that Article in the beginning neither was it to any purpose to touch it in the present Decree Another opinion came forth that the opinion of the Lutherans and Zuinglians was to bee condemned without descending to the particulars For they say there is no difference betweene the old and new Sacraments but in the Rites But it hath beene shewed that there are other differences and therefore they are to be condemned for this onely without descending to shew what those differences are But the sixt was censured by the Dominicans who said it was proper to the Euangelicall Sacraments to giue grace and that the old did not giue it but onely by the vertue of deuotion and that this was the opinion of Saint Thomas They alleadged for a principall ground the determination of the Florentine Councell that the Sacraments of the old Law did not cause grace but did figure that it must bee giuen by the passion of CHRIST But Because S. Bondaenture and Sootus did maintaine that the Circumcision did conferre grace Ex opere operato Scotus adding that immediatly after the sinne of Adam a Sacrament was instituted in which a grace was giuen to babes by vertue of it that is Ex opere operato the Franciscans said the Article was true and could not be censured and that if as Saint Thomas said children before CHRIST were saued by the fathers faith the state of Christians was worse For now the fathers faith doth not helpe the children without Baptisme and Saint Austine saith that the childe that is caried by the father to be baptized if hee die in the way is damned So that if faith onely did then suffice the condition of the sonnes of Christians is now worse In these difficulties many did propose that the Article as probable should bee omitted To leaue out the seuenth and eighth there was a great agreement But in Concerning the Character imprinted by the Sacrament the ninth of the Chalacter Friar Dominicus Soto endeauoured to declare that it hath foundation in the holy Scripture and hath euer bin held in the Church for an Apostolicull Tradition and though the name hath not been vsed by the Fathers yet the thing signified is most ancient Others did not grant him so great a scope because it did not appeare that Gratian or the Master of the Sentences had made any mention thereof Yea Iohn Scotius said that it was not necessary by the words of the Scripture or of the Fathers to affirme it but onely by the authority of the Church a thing vsuall with that Doctor to denie things with a kinde of courtesie It was worth the knowing what thing they meant it should be and where situated in such multiplicity of Schoole-opinions some
him vpon whom they were conferred by whose death the vnion was vnderstood to bee dissolued ipso facto and the benefices returned to their first state So they shewed the world their excellent inuentions conferring a benefice which was but one in shew but many in deed as one confessed hee had stollen a bridle concealing it was vpon a horse head which hee stole with it To remedy pluralitie it was necessary to remooue the abuse of these three pretences This the wiser sort of Prelates vnderstanding agreed vniformely at the first propose to inhibite all of what condition soeuer to haue more then three benefices And some added when two amount not to the vallew of foure hundred ducats of gold and that if one were worth so much no man whatsoeuer should haue any more nor more then three though they were not worth so much Of this there was much disputation and A dispute about the remedy of Pluvalitie much more when Aluise Lipomano Bishop of Verona proposed that this decree might touch them also who were now possessors of more who without exception of any should bee constrained to renounce those that were supernumerary within sixe moneths if they were in Italy and within nine if in other places which if they did not they should bee depriued without any further declaration notwithstanding the benefices were Vnited or commended or possessed by any othertitle To this opinion the Bishop of Feltre did adhere but did moderate it by distinguishing Dispensations Commendaes and Vnions saying that some were made for the good of the Churches and some in fauour of the possessor desiring that the former should remaine in force and the other should be regulated The Bishop of Lanciano did not admit this distinction saying that hee that would make a lasting law must not put exceptions into the body of it in regard the malice of man is apt to inuent them and to free themselues from the rule The Byshop of Albenga made a long oration to shew that good lawes doe regulate Lawes ought to looke forward onely and not backward the future onely and that hee who not containing himselfe within the bounds of reason will amend that which is past doth euer raise tumults and in stead of reforming make a greater deformation that it were strange to depriue men of their possessions and perswade them to be content Hee added that he foresaw that if such a Decree were made either it would not be receiued or if it were would cause colourable and simoniacall resignations and greater mischiefes then plurality could For hereafter the prouision seemed vnto him superfluous for no man beeing to haue more benefices but by the Popes dispensation it sufficed that he was resolued not to dispence In that Congregation amongst many tragicall exclamations made by diuers men Bernardus Dias Byshop of Calabora said that the Church of Vicenza was so disordered as all men knew that it required rather an Apostle then a Bishop taxing the Cardinall Ridolfi who possessed that Bishopricke besides many other benefices not gouerning it nor hauing the Episcopall order neuer seeing it nor knowing any thing but the rents And euery one spake against the inconuenience that famous Churches should neuer see their Bishops because they were imployed in other Bishoprickes or more beneficiall dignities Some said that the Pope onely might prouide against this and were of the opinion of Albenga that he alone might make the reformation This pleased the Legates as well for the Popes dignity as to free themselues from taking paines in this matter which in regard of the varietie of opinions and interests they thought would bee of an hard digestion hoping that when they had gone so farre as to leaue this reformation to the Pope they should easily leaue also vnto him the point of residencie which was as hard to be concocted for that it was popular and drew with it the regaining of the Episcopall authoritie and iurisdiction Therefore the Legates being in hope that it might bee obtained especially if it were proposed as a thing done not to bee done they presently sent the Pope word of it who was glad of the newes because both the Court and himselfe were doubtfull where the attempts and designes of the Prelates might end And thinking fit to strike the yron while it was hote hee made a greater stride then the Legates would haue had him and dispatched a Bull by which hee recalled vnto himselfe the whole businesse of the Reformation But in Trent whilst an answere was expected from Rome they proceeded in the treatie begun and made a draught of the Decree that no man should haue more then one Bishoprike and hee that had more should quit the rest that heereafter whosoeuer shall obtaine many inferiour incompatible Benefices shall bee depriued without further declaration and hee that formerly hath possessed more then one shall shew his dispensations to the Ordinarie who shall proceede according to the Decretall of Innocentius 4. Ordinarij In giuing their voyces vpon these points many desired to haue dispensations forbid The shewing of the dispensations Of dispensations for Pluralitie and the proceeding according to the Decree of Innocentius pleased but few because it was a kinde of approbation of them all and an increasing of the mischiefe For Innocentius saith that if the dispensations bee found good they shall bee admitted if there bee any doubt recourse shall bee had to Rome in which case no man doubted but that any of them might bee doubted of and receiue a declaration at Rome conformable to the grant Many feared that when they were examined and approued there remayning no doubt the abuse would bee confirmed and therefore would haue had them prohibited absolutely Others sayd they haue alwayes beene in the Church and were necessary and that all was in vsing them well Marcus Vigerius Bishop of Sinigaglia was of an opinion which if it had beene receiued and beleeued would easily haue reformed the whole Clergie Hee sayd the Synode might remooue all inconueniences by declaring that a lawfull cause was necessary for a dispensation and that whosoeuer doeth otherwise grant it doeth sinne and cannot bee absolued but by reuoking it and that hee who obtaineth it is not secure in his conscience notwithstanding the dispensation and continueth in sinne vntill hee quitteth the Benefices so gotten This opinion wanted not contradictors For some stood vp and said that hee who granteth licence of Pluralitie without a lawfull cause doth sinne yet the dispensation is good and the dispensed is secure in his conscience though hee knew the vnlawfulnesse of the cause And the difference continued many dayes these saying that it was to take all authoritie from the Pope and those that the Popes authoritie stretched not so farre as to make that euill should not bee euill From this they went to another doubt whether Pluralitie was forbid by the Law of A doubt moued by what law Plurality is forbid God or of man Those
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
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
Saint Iames did vnderstand the ancients for age and not the Priests ordained by the Bishop But if any maruaile why it is said in the first head of the doctrine that 14. Articles of reformation are handled in which the Presidents of the Synod the Bishops haue diuers ends this Sacrament is insinuated by CHRIST our Lord in Saint Marke and published in Saint Iames whereas the antecedence and consequence of the words did require that it should not bee sayd insinuated but instituted hee may know that it was first so written but a Diuine hauing obserued that the Apostles who anoynted the sicke of whom Saint Marke speaketh were not Priests because the Church of Rome holdeth that Priesthood was conferred vpon them onely in the last Supper it seemed a contradiction to affirme that the Vnction which they gaue was a Sacrament and that Priests onely are ministers of it Whereunto some who held it to bee a Sacrament and at that time instituted by CHRIST did answere that CHRIST commanding them to minister the Vnction made them Priests concerning that acte onely As if the Pope should command a simple Priest to giue the Sacrament of Chrisme he made him a Bishop for that acte Yet it was thought too dangerous to affirme it absolutely Therefore in stead of the word Institutum they put Insinuatum Which word what it may signifie in such a matter euery one may iudge who vnderstandeth what Insinuare is and doeth apply it to that which the Apostles then did and to that which was commanded by Saint Iames and to the determination made by this Councell But in matter of reformation as hath beene said fourteene Articles were proposed all belonging to Episcopall iurisdiction whereof when they had vnderstood the opinion of the Canonists in the particular Congregations and read all in the generall they came to frame the Decree Herein the ayme of the B B was to increase their authority to recouer that which the Pope had vsurped from them and of the Presidents to grant as little as they could But both parties did proceede cunningly and made shew to regard onely the seruice of God and the restitution of the ancient Ecclesiasticall discipline The Bishops thought they were hindered in executing their office For when they did suspend any from exercise of their orders or Ecclesiasticall degrees and dignities for causes knowen to themselues or did refuse to let them passe to higher degrees all was retracted by a Licence or Dispensation gotten at Rome which caused a disreputation of the Bishops damnation of soules and a totall ruine of discipline Concerning this the first head was made that such Licences and Restitutions should not bee offorce But the President for the honour of the Apostolique Sea would not haue the Pope named nor the chiefe Penitentiarie nor any ministers of the Court from whom such Licences were wont to bee obtained The titular Bishops did also hinder them who beeing depriued by a Decree published in the sixt Session of power to exercise the pontificall office in the Diocesses without leaue of the proper Bishop did retire themselues into a place exempt from all Bishopriques admitting those to holy orders who were before reiected as vnfit by their owne Bishops which they did by vertue of a priuiledge to ordaine any that offered himselfe vnto them This was prohibited in the second head but with this moderation that for reuerence of the Apostolike Sea mention should not bee made who granted the priuiledge And consequently in the third head power was giuen to the Bishops to suspend for what time they pleased any one ordained without their examination or with licence by facultie giuen by whomsoeuer These things the wiser sort of Bishops knew to bee of small weight because the Canonists doe hold that 344 Licences Priuiledges and Faculties granted by the Pope are neuer comprehended in generall words without speciall mention bee made of them But not beeing able to obtaine more they were content with this hoping that time might open them a way to proceede further It was also decreed in the same sixth Session that no secular Clerke by vertue of personall Priuiledge nor Regular dwelling out of the Monasterie by vigor of the Priuiledge of his order should bee exempt from the correction of the Bishoppe as Delegate of the Apostolike Sea Which some thinking not to containe the Canons of Cathedrall Churches and other Collegiate dignities who not by priuiledge but by ancient custome or by sentences put in execution or by Concordates with the Bishops established and sworne were in possession of not beeing subiect to Bishops and others also restraining it onely to visitation it was ordained in the fourth head that concerning secular Clerkes it should bee extended to all times and all sorts of excesses and declared that none of the things aforesayd should withstand Another disorder as great did arise because the Pope did grant a Iudge at the election of the supplicant to whosoeuer did seeke it by the ordinary meanes vsed in Court with authoritie to defend protect and maintaine him in possession of his rights and to remooue the molestation giuen him extending also this fauour to all his domestiques And this sort of Iudges were called Conseruators who did stretch their authoritie in place of defending the supplicant from molestations to withdraw him from iust corrections and also at their instance to molest and trouble the Bishops and other ordinary Ecclesiasticall superiours with censures The fifth point made prouision against this disorder ordaining that Conseruatorie graces should not helpe any body nor free him from inquisition accusation and conuention before the Ordinary in criminall and mixt causes and in ciuill also in which hee is plaintife and in other causes if the Conseruator bee suspected or difficultie arise betweene him and the Ordinary who is competent Iudge that arbitrators shall bee chosen according to the forme of the Law and that Conseruatory letters which comprehend domestiques shall bee extended but vnto two who doe liue at the charge of the Master of the familie and that these and the like graces shall not continue aboue fiue yeeres and that the Conseruators shall not haue Tribunals But the Synod did not meane to containe in this Decree Vniuersities Colledges of Doctours and Schollers places of Regulars and Hospitals Concerning which exception when this point was handled there was very great contention it seeming to the Bishops that against all right the exception was larger then the rule because the number of Doctors Schollers Regulars and Hospitalaries is greater then of all others who can haue Conseruatorie letters and that the prouision against any particular man was easie but the disorders of Vniuersities and Colledges were of the greatest importance The Legate gaue an account heereof to Rome where it beeing decided by that which was consulted vnder Paul the third that it was necessary for maintenance of the Apostolique Sea that the Friars and Vniuersities should totally depend on
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
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
Communion Sub vtraque specie affirming that certainely by this meanes at the least two hundred thousand soules would be gayned The Ambassadour in The French Ambassador desireth the Pope to grant the Communion of the Cup to the French-men conformitie hereof beseeched the Pope in the name of the King of the Church of France and of the Prelates that they might be dispensed with to administer to the people the Sacrament of the Eucharâ—st vnder both kindes as a profitable and necessarie preparation to dispose them to receiue the determinations of the Councell with readinesse without which it is much to bee doubted that this remedie will find raw humours which may causea greater disease The Pope according to his naturall disposition suddenly answered without any premeditation that he had euer thought that the Communion of both kinds and mariage of Priests were de iure poisiâ—inâ— in the disposition of which things hee had as much authority as the whole vniuersall Church and therefore was thought to bee a Luth 〈…〉 in the last Conclaue That the Emperor had made the same request for his son the king of Bohâ—â—ia whose Who glueth a fauourable answere conscience did induce him to be of this opinion and had demanded the like for the people of his patrimoniall Territories but that the Cardinals would neuer yeelde vnto it Notwithstanding hee sayd hee would not resolue of any thing without proposing it first in the Consistory and promised to speake hereof in the next which beeing intimated for the tenth of December the Ambassadour according to the custome of those at whose instance any businesse is handled went in the morning while the Cardinals were assembled expecting the Pope to mediate with them The most discreete amongst them answered that the demand did deserue great deliberation and that they durst not resolue vntill they had well considered of it others were passionate as at newes neuer heard of before The Cardinall of Cueua sayd that he would neuer giue his voyce in fauour of such a demand and that if it were so resolued by authority of his Holinesse and the consent of the Cardinals hee would goe to the top of the staires of Saint Peter and crie misericordia with a loud voyce not forbearing to say that the Prelates of France were infected with heresie The Cardinall Saint Angelo answered that hee would neuer giue a Cup full of such deadly poyson to the people of France in stead of a medicine and that it was better to let them die then cure them with such remedies To whom the Ambassadour replied that the Prelates of France were induced to bee of this opinion with good grounds and Theologicall reasons which deserued not such a contemptuous censure and on the other side that it was not fit to giue the name of poyson to the Blood of CHRIST and to call the holy Apostles poysoners and the Fathers of the Primitiue Church and of that which followed for many hundreds of yeeres who with much spirituall profit haue ministred the Cup of that Blood to all the people The Pope beeing entred into the Consistory hauing discoursed with For which afterwards hee was sory some Cardinals and better thought of the businesse wished hee had been able to recall his word Notwithstanding hee proposed the matter related the Ambassadours instance caused the Legats letter to bee read and demaunded their opinions The Cardinals who were dependants on France commended with diuers formes of words the Kings intention but concerning the request referred themselues to his Holinesse The Spaniards did all oppose and vsed great boldnesse of speach some calling the Prelates of France heretiques some schismatiques and some vnlearned alleadging no reason but that all CHRIST is in both the kinds The Cardinall Pacceco considered that all diuersities of rites especially in the most principall ceremonies doe end with schisme and hatred For now the Spaniards in France goe to the French Churches and the French men in Spaine to the Spanish but when they shal communicate so diuersly one not receiuing the Communion of the other they will be forced to make Churches apart and so behold a diuision Friar Michael Cardinall of Alexandria sayd that it could not by any meanes be granted by the Pope de plenitudine potestatis not for want of authoritie in him ouer all which is de iurepositiuo in which number this is but in regard of the incapaciâ—â— of him that demaundeth the fauour For the Pope cannot giue power to doe enill but it is an hereticall euill to receiue the chalice thinking it to bee necesary therefore the Pope cannot grant it to such persons And it cannot bee doubted but that those who demand it doe iudge it necessary because no man maketh any great matter of indifferent ceremonies Hee said that these men doe hold the Chalice either to bee necessary or not if not why doe they giue scandall by making themselues differ from others if otherwise then they are heretiques and vncapable of the grace The Cardinall Rodolpbo Pio di Carpi who was one of the last that spake because the inferiours doe begin concluded in conformitie with the others that not onely the sauing of two hundred thousand soules but one onely was a sufficient cause to dispence with any positiue law with wisedome and maturity but in that proposition one ought to take heede lest thinking to game two hundred thousand hee lose two hundred millions That it was manifest that this would not bee the last demand of the French men in matter of religion but a step to propose another that afterward they will demand the marriage of Priests the vulgar tongue in the ministery of the Sacraments which will haue the same ground because they are de iure positiuo and must be granted for the preseruation of many Of the marriage The inconuenience of the mariage of Priests of Priests this inconuenience will follow that hauing house wife and children they will not depend on the Pope but of their Prince and their loue to their children will make them yeeld to any preiudice of the Church They will seeke also to make the Benefices hereditary and so in a short space the authoritie of the Apostolike Sea will be confined within Rome Before single life was instituted the Sea of Rome receiued no profit from other nations and Cities and by it is made Patron of many Benefices of which mariage would quickly depriue her Of the vulgar tongue this incouenience would follow The inconuenience of the vulgar tongue that all would thinke themselues Diuines the authoritie of Prelates would be disesteemed and all would become heretiques If the communion of the Chalice were granted so that faith were preserued it would bee of small importance but it would open a gate to demaund an abrogation of all posiâ—ue constitutions by which onely the prerogatiue giuen by CHRIST to The inconuenience of the communion of the Cup. the Church of Rome is preserued for
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
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
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
coÌ„uenient for Charles to stand vnited with the Pope that he might not subiect himselfe to the Dutch Princes whereas this Emperour is as it were subiect vnto them alreadie finally that this remedie might bee deferred because it would alwayes bee in season but by dissembling a while hee might obliquely make triall to hinder the resolution of the consultations which were made by sending the Cardinall of Mantua to his Maiestie The writing which went about against the petitions of the French-men did not one displease them who tooke it for an affront but the Emperour Displeaseth the French-men and the Emperour also very much And the Legates hauing receiued commission from Rome concerning them were but ill satisfied and thought that this was not to giue commission to Presidents of Councell but aduertisments rather to ministers to make vse of intreaties by way of negotiation They wrote backe onely to demand what they should doe in case the Imperialists should make instance to haue their petitions proposed and they caused Gabriel Paleotto Auditor of the Rota to write a full information of the difficulties which they sent But the Cardinall of Mantua in regard the Emperour had tolde Commendone that hee would giue answere to the Councell by his Ambassadour thought it not conuenient to goe vnto him before they receiued that resolution besides the Cardinall of Loraine being at the Emperors Court and the effect of his negotiation not knowne hee should be doubtfull in what manner to proceede Vpon these reasons hee excused himselfe to The Card. of mantua writeth freely to the Pope the Pope and besides wrote to him with his owne hand that hee had not a face to appeare any more in Congregation to giue wordes onely as hee had done two yeeres together that all the Ministers of Princes doe say that howsoeuer his Holinesse doth promise much for reformation yet seeing nothing to bee executed they doe not thinke hee hath any inclination to it who if hee had performed his promises the Legates could not haue beene Wanting to giue satisfaction to the instances of so many Princes Neither ought any to maruaile that this Cardinall a Prince conuersant so many long yeeres in many great affaires and of a most compleate conuersation should vse this passage with his Holinesse it beeing a thing naturall to men that are neere their graue for some intrinficall cause vnknowen euen vnto themselues to bee distasted with humane matters and to neglect pure ceremonies to which gaole hee was then very neere there remayning but sixe dayes of his life from the date hereof But in the Congregation the last that spake in the second ranke was Adrian a Dominican Friar who touching but lightly the matter in question discoursed at large of dispensations and with Theologicall tearmes and formes defended the things mentioned by Doctour Cornisius and speake of them not without scandall Hee sayd that authoritie to dispence in humane lawes was absolute and vnlimited in the Pope because hee was superiour to them all and therefore when hee did dispence though without any cause the dispensation was notwithstanding to bee held for good that in diuine lawes he had power to dispence but not without a cause Hee alleadged Saint Paul who saith that the Ministers of CHRIST are the dispencers of the mysteries of God and that to him the Apostle dispensation of the Gospel had beene committed Hee added that howsoeuer the Popes dispensation concerning the Diuine Law bee not of â—orce yet euery one ought to captiuate his vnderstanding and beleeue that hee hath granted it for a lawfull cause and that it is temeritie to call it into question Then hee discoursed of the cause of dispensations which hee reduced to publique vtilitie and charitie towards priuate men This discourse gaue occasion to the French men to speake of the matter with the ill satisfaction of the Papalins The secondranke hauing made an end of speaking for obseruation of the promise made to Loraine not to handle the mariage of Priests in his absence they changed the order and made the fourth ranke speake next Iohn Verdun handling the seuenth Article of the degrees of affinitie and consanguinitie passed immediatly from it and came to the matter of dispensations and seemed to haue none other aime then to contradict Frier Adrian labouring to weaken the Popes power First hee expounded the places of Saint Paul That the Ministers of CHRIST are the dispensers of the mysteries of God and of the Gospel and said the glosse was contrary to the text For the place doth not prooue a dispensation that is a disobligation from the Law but a publishing and declaring the diuine mysteries and the word of God which is perpetuall and remaineth inuiolable for euer Hee granted that in humane lawes a dispensation might lie in regard of the law-makers imperfection who could not foresee all cases and making generall lawes must needes reserue power to him that gouerneth the Common-wealth because of Sundrie occurrences which may bring acceptions in particular matters But where God is the Law-giuer from whom nothing is concealed and by whom no accident is not foreseene the law can haue no exception Therefore the law of God and Nature ought not to be called a written Law which in some cases ought to bee expounded and made more gentle but all that Law is euen equitie it selfe In humane lawes in which some cases by reason of particular accidents if they had been foreseene would not haue been comprehended a dispensation may well bee granted But the dispencer cannot in any case free him that is bound and if hee denie a dispensation to him that deserueth it the partie refused shall notwithstanding remaine without all obligation That the world hath conceiued a wrong opinion that to dispence is to bestow a fauour and that the dispensation is requisite to be giuen as any other part of distributiue iustice to bee exercised that the Prelate doth offend if hee giue it not to whom it is due And in summe he said that when a dispensation is desired either the case is such as if it had been foreseene it would haue been excepted and here there is an obligation to dispence or would haue been comprehended though it had been thought on by the Law-maker and to this the power of dispensing is not extended Hee added that flatterie ambition and auarice haue perswaded that to dispence is to bestowe a fauour as the master would doe to his seruants or one that giueth of his owne The Pope is not Lord and the Church a seruant but hee is seruant of him who is spouse of the Church and by him set ouer the Christian familie to giue as the Gospel saith to euery one his owne measure that is that which is due vnto him And in conclusion hee said that a dispensation was nothing but a declaration or interpretation of the Law and that the Pope could not by dispencing vnbinde any that was bound but declare onely to him that
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
those manuall functions that they might ascend to Priest-hood And it seemed some contradiction to haue determined absolutely that those ministeries should not bee exercised but by persons ordained and afterward commanded the Prelats to restore them as much as conueniently they could For obseruing the absolute Decree it is very necessary that where persons ordained cannot be had for exercise of those functions they must not be exercised at all and if they may bee exercised without Orders in places where persons ordayned cannot bee found the absolute definition might haue better been omitted In the Decree of the ordination of Priests it was thought very conuenient to prescribe that condition that they should he able to teach the people but this did not seeme very coherent with that other doctrine and vse that cure of soules is not essentiall to Priesthood so that to bee able to teach the people is not necessary to those Priests who meane neuer to take that cure vpon them And to make to a necessary condition in the minor orders to vnderstand the Latine tongue was to shew that this was not a Generall Councell of all Christian Nations in regard this Decree could not be vniuersall and binde the Nations of Africa Asia and of a great part of Europe where the Latine tongue neuer had place The sixth Anathematisme was much noted in Germany in which an Article of faith was made of Hierarchie which word and signification thereof is aliene not to say contrary to the holy Scriptures and though it was somewhat anciently inuented yet the authour is not knowne and in case he were yet he is an Hyperbolicall writer not imitated in the vse of that word nor of others of his inuention by any of the ancients and following the stile of CHRIST our LORD and of the holy Apostles and Primitiue Church it ought to be named not Hierarchie but Hierodiaconia or Hierodoulia And Peter Paul Vergerius in Valtelina did make this and other obiections against the Vergerius maketh obiections against the Councel doctrine of the Councell the subiect of his Sermons relating the contentions betweene the Bishops and detracting as much as hee could not onely by words but by letters also to the other Protestant and Euangelicall Ministers which they read in their Churches to the people And howsoeuer the Bishop of Como by order from the Pope and the Cardinall Morone vsed all meanes and in a very extraordinary manner also to cause him to depart out of that Countrey yet they were not able to effect it Concerning the Decree of Residence of which euery one discoursed and expected some good resolution because there was so much spoken and writen of it tha nothing seemed to bee more in voice then that 〈◊〉 marueiled that in the ende that was pronounced for a decision of 〈◊〉 〈◊〉 which was plaine to euery one that is that not to reside was 〈◊〉 except there were a lawfull cause as if it were not 〈◊〉 〈◊〉 all by the law of 〈◊〉 ture that whosoeuer doeth absent himselfe from his charge of what 〈◊〉 soeuer it be without a lawfull cause doeth s 〈…〉 The successe of this Session to 〈…〉 away the indelligence◠held vntill then◠The Spanish Prelats complaine of the Cardinall of Loraine betweene Loraine and the Spaniards For these complained that they w 〈…〉 abandoned in the matter of the Institution of Bishops and of the 〈◊〉 〈◊〉 which hee had very often told them that hee was of their opinion and promised to labour effectually to cause that doctrine to bee decreed without making any condition They added that there was no hope he would bee constant in any other promise and that the Pope by making him beleeue hee should bee Legate of France had wonne him And other things they said which were little for his honour On the other side hee iustified himselfe saying that the offer was made vnto him to make his friends mistrust him and that his answere was that hee would not hearken vnto it before areformation were made in Councell Notwithstanding it was not beleeued that hee would perseuere in the same opinion no not so much as in this matter The Legates desirous to finish the Councell did so soone as the Session was done vse meanes to facilitate the residue which for matter of faith was Indulgences inuocation of Saints and Purgatorie And to this end they elected tenne Diuines two Generals of Friars and two for euery Prince that is for the Pope France of which there were but a few remaining Spaine and Portugall charging them to consider how the Protestants opinion in this matter might briefly bee confuted And themselues beeing resolued meant to propose their owne opinions in generall Congregation by which the Canons might be composed at the same time when Matrimonie should be handled that they might quickly dispatch those matters without hearing the disputes of the Diuines as formerly they had done In matter of reformation they treated with the Cardinall of Loraine the Emperours and Spanish Ambassadours to bee content that the reformation The reformation of Princes of Princes might bee proposed also who saying it was fit that abuses should be remooued wheresoeuer they were the Articles were collected and hope conceiued that all that remained might bee decided in one Session onely But the Spanish Ambassadour for many respects of his King did not like that haste and therefore did crosse it with many difficulties First hee proposed that it was necessary before the Councell ended to vse meanes to bring the Protestants thither alleadging that it would be labour in vaine if the Decrees were not accepted by them and that there was no hope they would accept them if they were not present in Councell The Legats answered that the Pope had done for his part whatsoeuer was fit wrote letters and sent expresse Nuncij to them all so that nothing could bee done to make their contumacie more manifest The Count answered that hee did not desire it should be done in the name of his Holinesse because that would not onely not cause them to come but make them more auerse but in the name of the Councell with conuenient promises and intercession of the Emperour Whereunto the Legats replying that they would consider on it they gaue an account thereof to the Pope that he might use meanes in Spaine to diuert such discourses and to perswade the ending of the Councell The Count desired also that the Diuines might speake publikely according to the vse concerning the particulars of Indulgences and of the other matters perswading the Prelats that the order might not be changed nor the reputation of the Councell diminished by omitting the examination of those things which had more neede of it then any other The Pope was much troubled with these aduises and the rather because Don Lewis d' Auila and Vargas the Ambassador resident with him had giuen their words that the King would be content that the Councell should end And calling
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
protestation made by the French Ambassadours would haue which was read with varietie of affections Those who were ill affected to the Court of Rome did commend it as true and necessarie But the Popes adherents thought it as abominable as the Protestations formerly made by Luther In the sixt Anathematisme of Matrimonie many did wonder that the dissolution The censure of the Decrees of mariage not consummated for a solemne vow should bee made an Article of faith because the matrimoniall coniunction though not consummated by carnall copulation is a bond instituted by the Law of GOD. For the Scripture doeth affirme that there was a true mariage 〈…〉 Mary and Ioseph and the solemnitie of the profession being or 〈…〉 reâ— po 〈…〉 as Boniface the eighth hath decreed it seemed strange not so 〈…〉 humane bond should dissolue a diuine as that he should bee condemned for an hereticke who will not beleeue that an inuention of man borneth any hundred yeeres since the Apostles should preuaile against a diuine instituted on made at the first creation of the world In the seuenth it was thought to bee a captious speech to condemne for an hereticke him that shall say that the Church hath erred in reaching that Matrimonie is not dissolued by adulterie For if one should say absolutely that Matrimony ought to be dissolued for that cause without saying or thinking that one hath erred or not erred in teaching the contrary it seemeth that this man should not bee comprehended and yet it doeth not appeare how one can thinke so except the hold the contrary to bee an errour It was iudged that they should haue spoken plainely and said absolutely that 〈…〉 noâ— dissolued by adulterie or that both opinions are probable and not to make an Article of faith concerning a word onely But these men would not haue made the difficultie if they had knowen the causes before mentioned why they did speake in that maner The ninth Canon did affoord matter of speech also by that affirmatiue that God doth not deny the gift of chastitie to him that doth demaund it a right because it did seeme to be contrary to the Gospel which affirmeth that it is not giuen to all and to Saint Paul who doth not exhort to demaund it which was more easie then to marry The Polititians knew not what to thinke of the twelfth Anathematismem that it should bee heresie to hold that matrimoniall causes doe not belong to Ecclesiasticall Iudges it being certaine that the Lawes of mariage were all made by the Emperours and the iudicature of them administred by the secular Magistrates so long as the Roman Lawes were in force which the reading onely of the Theodosian and Iustinian Codes and of the Nouels doth euidently demonstrate And in the formes of Cassiodore there is mention of termes vsed by the Gothish Kings in the dispensations of degrees prohibited which then were thought to belong to ciuill gouernment and not to bee matters of religion and to him that hath any skill in story it is most knowen that the Ecclesiastiques began to iudge causes of this nature partly by commission and partly by negligence of Princes and Magistrates But in the beginning of the Decree of reformation of Matrimony many wondred how it could bee defined as an Article of faith that clandestine mariages are true Sacraments and that the Church hath alwayes detested them because it doeth implie a contradiction to detest Sacraments And to command that the Parish Priest should 〈…〉 gate those that are ioyned and vnderstanding their consent should say I ioyne you in Matrimony in the Name of the Father Sonne and holy Ghost was derided by the criticks saying that either they are ioyned by those words or not if not then that is not true which the Councell of Florence hath determined that matrimony receiueth perfection from consent if so what coniunction is that which the Priest maketh of persons ioyned before And if the word I ioyne should be expounded I declare them ioyned a way would be layd open to conclude that the words of the absolution are declaratory also But howsoeuer it was they said the decree was made to no other end but that within a short time it might bee made an Article of faith that those words pronounced by the Parish Priest were the forme of the Sacrament For making void clandestine mariages they spake as much as was spoken of it in the Councell it selfe For some did extoll the decree to the heauens and others said that if those matrimonies were Sacraments and consequently instituted by CHRIST and the Church hath alwayes detested them and finally made them voyd it did not appeare how those who had not made prouision for it in the beginning could be excused from the blame of ignorance or negligence And when the distinction on which they founded the decree was published that the contract was nullified which is the matter of the Sacrament it was hard to vnderstand a long time because the matrimoniall contract hath no distinction from the matrimony nor the matrimony from the Sacrament and the rather because the matrimony was indissoluble before it was a Sacrament in regard CHRIST doeth not pronounce it insoluble as instituted by him but as by GOD in the earthly Paradise But it being admitted that the Matrimoniall contract is an humane and ciuill thing separate from the Sacrament which is nullified some said this annullation would not belong to the Ecclesiasticall Iudge but to the Secular to whom the discussion and cognition of all ciuill contracts doeth appertaine The cause alleadged to moderate the impediments of mariage was much commended as reasonable but it was obserued withall that it did necessarily conclude many more restrictions then those that were decreed in regard there are no lesse inconueniences by the impediments confirmed then by those that were abolished The end of the Article of matrimoniall dispensations mooued a vaine question in the curious whether the Pope by reseruing them to himselfe alone did more good or hurt to his authoritie For the good was alleadged the great quantitie of gold which did flow into the Court through this chanell and the obligations of so many Princes gained by this meanes as to be satisfied in their appetites or interests so to defend the Papall authoritie on which onely the legitimation of their children was grounded For the hurt the losse of the reuenues of England and of the obedience of that crowne was produced which did weigh downe all gaine or friendship which the dipensations might procure The Frenchmen did not like the decree that hee that stealeth a woman shall bee bound to endow her at the pleasure of the Iudge saying that the Law concerning dowries cannot be made by Ecclestiâ—all authoritie and that it was an artifice to take the iudicature of that delict from the secular Magistrate For if the Ecclesiastique may make the Law hee may iudge the cause And howsoeuer they said absolutely at the pleasure of the
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
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
will not endure a reformation This was opposed by almost all the officers of the Court representing their losses and preiudices and shewing how all would redound to the offence of his Holinesse and of the Apostolike Sea and diminution of his reuenues Onely Hugo Buoncompagno Bishop of Bestice who was Cardinall afterwards a man much conuersant in Court affaires said hee could not choose but wonder at this great feare which he saw did arise without reason that by confirmation of the Councel more authority was not giuen it then other generall Councels had or then was giuen to the Decree or Decretals by the great number of which and by their plaine speaking against the present manners many more preiudices and offences might arise then could do by these few decrees of Trent much reserued in the former words that no law doth consist in the tearmes but in the meaning not in that which the vulgar and Grammarians doe giue it but which vse and authority doth confirme that Lawes haue no power but what is giuen them by him that gouerneth and hath the care to execute them that hee by his exposition may giue them a more ample or a more strict sence yea and contrary to that which the words doe import and that it would bee no more to restraine or moderate the Decrees of Trent now then to suffer them to bee restrained by vse or by exposition in times conuenient Hee concluded that hee saw no cause why there should bee any difficultie about the confirmation But hee put them in minde to withstand presently the inconueniences which might arise by the temeritie of the Doctours who the more ignorant they are of gouernment and publike affaires the more they take vpon them to giue interpretation to Lawes which doth confound authoritie that experience sheweth that Lawes doe no hurt nor cause any suit but by the diuers senses giuen vnto them that by the constitution of Nicolas the third vpon the rule of Saint Francis a matter full of ambiguities in it selfe neuer any disorder did arise because hee forbade all Glossators and Commentators to expound it that if such prouision bee made for the Decrees of Trent and all men forbid to write vpon them a great part of that which is feared will bee withstood But if his Holinesse will forbid all interpretations euen to the Iudges also and ordaine that in all doubts they shall come for exposition to the Apostolique Sea no man will bee able to make vse of the Councell in preiudice of the Court which by vse and by interpretations may bee accommodated to that which will bee for the benefit of the Church And as there is a Congregation which with great fruit doth take care of the Inquisition so his Holinesse may appoint another for this particular of expounding the Councell to whom all doubts shall bee referred from all parts of the world This being done hee said hee foresaw that by the Decrees of the Councell the authoritie of the apostolike Sea the rights and prerogatiues of the Church of Rome will not onely not be diminished but increased and inlarged much in case they know how to make vse of these meanes Those that heard him were mooued by these reasons and the Pope saw it was necessarie to come to the absolute confirmation without any modification and being perswaded that it would fall out as the Bishop All glosses or interpretatiōs are forbid to be made vpon the Decrees of the Councell had said he was peremptorie not to hearken to any thing that could be spoken against it but full of hope to collect much fruit by the paines taken for finishing the Councell hee resolued to confirme it to reserue the interpretation to himselfe and to institute a Congregation as the Bishop had counselled and hauing imparted this to the Cardinals apart hee determined to effect it Therefore the sixe and twentieth of Ianuary Morone and Simoneta hauing related in Consistorie the tenor of the Decree made in the last Session that the confirmation should be desired by them they demanded that his Holinesse would vouchsafe to confirme all that which hath beene decreed and defined in that Councell vnder Paul Iulius and his Holinesse The Pope first causing the Decree to bee read asked the opinions of all the Cardinals They were all for the confirmation vniformely except the Cardinals Saint Clement and Alexandrinus who said that too much authoritie had been giuen to Bishops in that Councell and that it was necessary to moderate it and then to make an exception of those points that did inlarge it too much which were noted already In the end the Pope concluded that it was good to confirme all without exception and so hee did in words in the consistorie confirming them and commanding that they should be receiued and inuiolably obserued by all the faithfull and the same day he published a Bull subscribed by all the Cardinals in which hauing related the causes of calling the Councell the progresse the impediments and difficulties which happened from time to time and his diligence in fauouring the libertie thereof graunting them free power ouer the things reserued to the Apostolike Sea hee thanked God that it was ended with an intire consent Therefore being desired in the name of the Synod for confirmation knowing the Decrees to be all Catholike and profitable for Christians hee hath confirmed them in Consistory and doth confirme them by that writing commanding all Prelats to cause them to bee obserued and exhorting the Emperour Kings Republiques and Princes to assist for the obseruation of them also to fauour the Prelates not to permit their people but rather to prohibite them by all meanes to imbrace opinions contrary to the doctrine of that Councell and to auoidconfusion for bad all sorts of persons as well Clerkes as Laiques to make any Commentaries Glosses Annotations or any interpretation whatsoeuer vpon them or to make any kinde of Statute though vnder pretence of great strength or better execution of the Decrees but that if any obscure place wanted interpretation or decision they should haue recourse to the Apostolike Sea because hee did reserue vnto himselfe power to declare the difficulties or controuersies as also the Synod had alreadie decreed This Consistoriall Act of confirmation and the Bull were printed together with the decrees which gaue matter of speech it appearing by the tenor of them that the Decrees had not vigor as constituted by the Councell but as confirmed by the Pope Whereupon it was said that one had The Decrees of the Councel haue power from the Popes confirmation heard the cause and another had giuen the sentence Neither could it bee said that the Pope had seene the Decrces before he confirmed them because it did appeare by the consistoriall Act that hee had onely seene the Decree for desiring the confirmation They said also that the Decrees made vnder Paul and Iulius were read in Trent and that it was fit they should bee
sint vel minus boni quam caeteri mortales esse solent Englished thus No man expects any sanctitie in Popes now a dayes they are thought to be excellent Popes if they haue neuer so little honestie or be not so wicked as other men vse to be Last of all thou mayest reade an Epistle written by that famous Prelate Bishop Iewell as an answere to a friend of his who liued neere the place and in the time of this vnlawfull assembly or conuenticle at Trent In it thou mayest finde reason enough why the Church of England did neither send Prelates to it nor receiue afterwards the Decrees and Constitutions of it As likewise the Church of France refused to doe though their Bishops were present in it When thou hast read these things consider well of them and the Lord giue thee a true vnderstanding in all things GREGORIE GREGORIE to the Emperour MAVRICIVS concerning IOHN Bishop of Constantinople who hath assumed the name of Vniuersall Bishop Chap. 76. OVrmost religious Lord whom God hath placed ouer vs Ep. 32. amongst other weighty cares belonging to the Empire doth labour by the iust rule of holy writ to keepe the Clergie in peace and charitie Hee truely and piously considereth that no man can well gouerne matters terrene except he can manage well things Diuine also and that the Common-wealths peace and quiet depends vpon the tranquillity of the Church Vniuersall For most gracious Souereigne what humane power or strength would presume to lift vp irreligious hands against your most Christian Maiestie if the Clergie being at vnitie amongst themselues would seriously pray vnto our Sauiour CHRIST to preserue you who haue so well deserued of vs or what Nation so barbarous as would exercise such cruelty against the faithfull except the liues of vs who are called Priests but indeede are not were most depraued and wicked But whilest we leaue those things which belong not vnto vs and imbrace those things for which wee are not fitte wee raise the Barbarians vp against vs and our offences doe sharpen the swordes of our enemies by which meanes the Common-wealth is weakened For what can wee say for our selues if the people of God ouer whom wee are though vnworthily placed bee oppressed by the multitude of our offences if our examples destroy that which our preaching builds and our works giue as it were the lye to our doctrine Our bones are worne with fasting but our mindes are puft vp Our bodies are couered with poore clothing but in our hearts wee are as braue as may be We lie groueling in the ashes but ayme at matters exceeding high Wee are teachers of humilitie but patternes of pride hiding the teeth of wolues vnder a sheepes countenance The end of all is to make a shew to men though God knoweth the trueth Therefore our most pious Souereigne hath been most prudently carefull to set the Church at vnitie that hee might the better compose the tumults of warre and to ioyne their hearts together This verily is my desire and doe yeeld for my part due obedience to your souereigne commands Howsoeuer in regard it is not my cause but Gods and for that not I onely but the whole Church is troubled because religious Lawes venerable Synods and the very precepts of our Lord IESVS CHRIST are disobeyed by the inuention of a proud and pompous speech my desire is that our most Religious Souereigne would lance this sore and would tie the partie affected with the cords of his Imperiall authoritie in case hee shall make his resistance By binding of 〈◊〉 the Common-wealth is eased and by the paring away of such excremen 〈…〉 as these the Empire is inlarged All men that haue read the Gospel doe know that euen by the very words of our LORD the care of the whole Church is committed to S. Peter the Apostle Prince of all the Apostles For to him it is sayd a Iohn 21. Peter louest thou me Feede my sheepe b Luke 22. behold Satan hath desired to winnow thee as wheate and I haue prayed for thee that thy faith should not faile and thou being at the last conuerted confirme thy brethren To him it is said c Matt. 16. Thou art Peter and vpon this rocke I will build my Church and the gates of hell shall not preuaile against it And to thee I will giue the Keyes of heauen and whatsoeuer thou bindest on earth shall be bound also in heauen and whatsoeuer thou shalt loose on earth shall bee loosed also in heauen Behold he hath the Keyes of the Kingdome and the power of binding and loosing is giuen vnto him The care and the principalitie of the whole Church is committed to him and yet is not called Vniuersall Apostle howbeit this most holy man Iohn my fellow Priest laboureth to bee called Vniuersall Bishop I am inforced to crie out and say Oh corruption of times and manners Behold the Barbarians are become Lords of all Europe Cities are destroyed Castles are beaten downe Prouinces depopulated there is no husbandman to till the ground Idolaters doe rage and domineere ouer Christians and yet Priests who ought to lie weeping vpon the pauement and in ashes desire names of vanitie and doe glory in new and profane titles Doe I most Religious Souereigne pleade herein mine owne cause Doe I vindicate a wrong done to my selfe and not maintaine the cause of God Almighty and of the Church Vniuersall Who is hee who presumeth to vsurpe this new name against both the law of the Gospel and of the Canons I would to God there might bee one called Vniuersall without wronging of others We know that many Priests of the Church of Constantinople haue been not onely heretiques but euen the chiefe leaders of them Out of this schoole proceeded Nestorius who thinking it not to be possible that God should be made man did beleeue that IESVS CHRIST the Mediatour betweene God and man was two persons and went as farre in Infidelitie as the Iewes themselues Thence came Macedonius who denied the holy Ghost consubstantiall to the Father and the Sonne to be God If then euery one in that Church doth assume that name by which hee maketh himselfe the head of all good men the Catholique Church which God forbid must needes bee ouerthrowen when hee falleth who is called Vniuersall But let this blasphemous name be farre from Christians by which all honor is taken from all other Priests while it is foolishly arrogated by one It was offered to the Bishop of Rome by the reuerend Councell of Chalcedon in honour of S. Peter Prince of the Apostles but none of them either assumed or consented to vse it lest while this priuiledge should be giuen to one all others should bee depriued of that honour which is due vnto them Why should we refuse this name when it was offered and another should assume it without any offer at all This man contemning obedience to the Canons is the rather to be humbled