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
to hinder the desolation of Germany and that not to speake of a Councell was willingly to runne into a ciuill warre In the second place the King treated with them that they would be contented with a Councell in Italie But neither did the Germans agree vnto this for they sayd that this match was worse then the first because that constrained them onely to make warre but this cast them into a seruitude both of body and soule whereunto resistance could not be made but by a Councell in a free place yet condescending for his Maiesties sake to whatsoeuer they were able they would cease to demand to haue it celebrated in Germany so that another free place were appointed out of Italie though it were neere vnto it In the beginning of the yeere 1534. the King gaue the Pope an account 1534 of what hee had done and offered to bring to passe that the Protestants should bee contented with Geneua The Pope hauing receiued the aduise The Pope is displeased with the Propose of Geneua for the 〈◊〉 place of the Councell was vncertaine whether the King though his confederate and kinsman would be glad to see him in troubles or if in this particular hee wanted that discretion which he shewed in other affaires But hee concluded that it was not good to vse him in this matter And writing vnto him thanked him for his paines without answering to the particular of Geneua and hee incouraged many of the Courtiers whose mindes were troubled assuring them that by no meanes he would consent to such a folly But this yeere the Pope in stead of regaining Germanie lost the obedience He looseth the obedience of England of England by proceeding rather with choler and passion then with wisedome necessarie in so great negotiations The accident was of great importance and greater consequence which to declare distinctly it is necessary to begin from the first causes whence it had its originall Catherine Infanta of Spaine sister to the mother of Charles the Emperour was married to Henry the eight King of England and was before the wife of Arthure Prince of Walles Henryes eldest brother after whose death their father gaue her in marriage to Henry who remained successor by the dispensation The cause of Pope Iulio the second This Queene was with child often and alwayes either miscaried or brought foorth a creature of a short life except one only daughter King Henry either for displeasure against the Emperor or for desire of issue male or for some other cause conceiued a scruple in his mind that the mariage was not good and taking counsell of his Bishops separated himselfe from her company The Bishops treated with the Queene that shee would be contented with a diuorce saying that the Popes dispensation was neither good nor true The Queene would not giue eare to them but had recourse to the Pope to whom the King also sent to craue a diuorce The Pope who was still retired in Oruieto and hoped for good conditions in his affaires if the fauours of France and England which still they performed were continued by molesting the Emperour in the kingdome of Naples sent into England the Cardinal Campeggio delegating the cause vnto him and the Cardinall of Yorke From these and from Rome the King had hope giuen him that in the end the sentence should bee on his side Yea to facilitate The Cardinals Campeggio and Wolsie were delegated by the Pope to heare the cause of the Kings diuorce the resolution that the solemnities of the iudgement might not draw the cause in length a briefe was framed in which hee was declared free from that marriage with the most ample clauses that euer were put into any Popes Bull and a Cardinall sent into England with order to present it after some few proofes were past which he was sure would easily be made And The Pope caused his Briefe which he had made in fauour of the diuorce to be burned this happened in the yeere 1524. But Clement iudging it fitter for compassing his designes vpon Florence as hath beene declared in its proper place to ioyne himselfe with the Emperour then to continue in the friendship of France and England in the yeere 1529. hee sent Francis Campana vnto Campeggio with order to burne the Briefe and to proceed slowly in the cause Campeggio began first to draw the cause in length and after to make difficultie of performing the promises made to the King Whereby beeing assured that the Iudge and his aduersaries did collude hee sent to the Vniuersities of Italie France and Germanie for a consultation in his cause where amongst A consultation about the cause of diuorce the Diuines some were contrary and some fauourable to his pretension The greater part of the Parisians were on his side and some beleeued that the Kings giftes more perswaded them then reason But the Pope either to gratifie the Emperour or for feare that in England by meanes of the Cardinall of Yorke something might happen not according The Pope to gratifie the Emperour recalleth Campeggio to his minde as also to giue occasion to Campeggio to part from thence called the cause to himselfe The King impatient of delay either because he knew their cunning or for some other cause published the diuorce with his wife and married Anne Bullen in the yere 1533. yet still the cause depended before the Pope in which he was resolued to proceede slowly to The King in 〈…〉 yeth 〈◊〉 Bulle◠satisfie the Emperour and not offend the King Therefore some by points rather were handled then the merits of the cause And the disputation grew vpon the Article of the Attentats in which the Pope gaue sentence against the King declaring that it was not lawfull for him by his owne authoritie without the Ecclesiasticall Iudge to separate himselfe from his wife For which cause the King in the beginning of this yeere 1534 denied the Pope obedience commanding all his subiects not to carry any money to Rome The King causeth the Peter-pence to be denied the Pope nor to pay the ordinary Peter-pence This infinitely troubled the Court of Rome and dayly they consulted of a remedie They thought to proceede against the King with censures and to interdict all Christian Nations all commerce with England But the moderate Counsell pleased best to temporize with him and to mediate a composition by the French King King Francis accepted the charge and sent the Bishop of Paris to Rome to negotiate a pacification with the Pope where they still proceeded in the cause but gently and with resolution not to come to censures if the Emperour did not proceede first or at the same time with his forces They had diuided the cause into three and twenty Articles and then they handled whether Prince Arthure had had carnall coniunction with Queene Catherine in this they spent time vntill mid-lent was past when the nineteenth of March newes came that a
beene all instituted by CHRIST or that they are more or lesse then seuen or that any of them is not truely and properly a Sacrament 2. And that they differ not from those of the old Law but in the ceremonies and rites 3. And that none of them is in no respect more worthy then another 4. That they are not necessary to saluation and that the grace of God may bee gained by faith alone without them or without any purpose to receiue them 5. That they are ordained onely to nourish faith 6. That they doe not conteine in them the grace signified or doe not giue it to him that doth not resist but are externall signes of iustice and Characters of a Christian profession to discerne the faithfull from Infidels 7. That grace is not alwayes giuen by the Sacraments nor vnto all for as much as belongeth to God though they bee lawfully receiued 8. That by Sacraments Grace is not giuen in vertue of the administration of them called Opus operatum but that it sufficeth onely to beleeue the promise 9. That in Baptisme Confirmation and Order no indeleble Character is imprinted in the soule for which cause they can bee receiued but once 10. That all Christians haue power to administer the Word and all the Sacraments 11. That in ministring the Sacraments the ministers intention at the least to doe what the Church doth is not necessarie 12. That the minister who is in mortall sinne giueth not the true Sacrament though he obserue all things necessary 13. That the vsuall rites approued by the Church may be despised or omitted or changed for others by euery Pastour Of Baptisme there were fourteene Anathematismes 1. Against him The Canons of Baptisme that saith the baptisme of Iohn had the same vertue with that of Christ 2. That true and naturall water is not necessarie to baptisme 3. That in the Church of Rome which is the Mother and Mistris of all the Churches there is not to bee found the true doctrine of baptisme 4. That Baptisme giuen by heretiques in the name of the Father Sonne and holy Ghost with intention to doe what the Church doeth is not true baptisme 5. That the baptisme is free that is not necessary to saluation 6. That the baptized cannot loose Grace though he sinne so that he leaue not to beleeue 7. That the baptized are bound onely to beleeue and not to obserue the Law of CHRIST 8. That they are not bound to obserue the Lawes of the Church 9. That by the memory of baptisme all vowes made afterwards are of no force but derogate from faith and baptismall profession 10. That sinnes committed after baptisme by faith and memory thereof are remitted or made veniall 11. That baptisme is to be renewed in him who hath denied the faith 12. That none should bee baptized but in the age of CHRIST or at the time of death 13 Against him who putteth not children baptized in the number of the faithfull or saith they must be rebaptized at the yeeres of discretion or that it is better to omit their baptisme vntill then 14. That children baptized when they come to age ought to be required to ratifie the promise made in their name and to bee left to their will if they refuse not compelling them to Christian life but by denying them other Sacraments Of Confirmation there were three Canons 1. Against him that saith it is an The Canons of Confirmation idle ceremony not a Sacrament properly or that it was formerly vsed that children might giue a publike account of their faith 2. That to giue vertue to the Chrisme is to wrong the holy Spirit 3. That euery simple Priest is the ordinary minister of Confirmation and not the Bishop onely After this the decree of reformation was read which in the Actes bare The decree of Reformation this title A Canon concerning residencie And it contained in substance 1. That no Bishop be created but of lawfull matrimonie of ripe yeeres learned and of good behauiour 2. That none may haue or keepe more Bishoprickes then one in Title Commenda or any other way and whosoeuer hath now more then one shall choose one and quit the rest within sixe moneths if they be of the Popes free collation or else within a yeere otherwise all shal be accounted void but the last 3. That other benefices especially with Cure be giuen to worthy persons able to take charge of soules otherwise the ordinary Patron is to be punished 4. That hereafter whosoeuer shal receiue many incompatible Benefices by way of Vnion for life perpetuall Commenda or otherwise or shall keepe those that he hath receiued against the Canons shall bee depriued of all 5. That the dispensations of those who haue many Benefices with Cure or incompatible shall bee shewed to the Ordinaries making prouision afterwards for the cure of soules and other obligations 6. That perpetuall Vnions made within forty yeeres shall be reviewed by the Ordinaries as delegates and those that are vniust shall be nullified and those that haue not beene in possession or shall be made hereafter shall be presumed to be surreptitious if they be not made for reasonable causes and with citation of all that be interested and nothing to the contrary of this shall be declared by the Apostolique Sea 7. That Benefices with cure vnited shall bee visited by the Ordinaries euery yeere and shall haue Vicars a signed perpetuall or temporall with such a portion of the fruits as to them shall seeme meete without respect of Appeales or Exemptions 8. That the Ordinaries shall euery yeere by the Apostolique authority visit the Churches exempted prouiding for the care of soules and other dueties without respect of Appeale Priuiledges or Customes prescribed 9. That Bishops shall be consecrated within the time set downe by the Law and all prolongations for more then sixe moneths shall bee voyd 10. That the Chapters of Churches in vacancie of the Bishopricke shall not grant Dimisories for Orders but to him that is obliged to take them because of a Benefice 11. That licences to bee promoted by any Bishop shall bee voyd if a lawfull cause be not expressed for which they may not bee promoted by their owne Bishop and in that case they shall bee promoted by a Bishop that resideth in his Diocesse 12. That Faculties not to receiue due Orders shall not serue for longer time then a yeere but in cases expressed in the law 13. That men presented to Benefices by any Ecclesiasticall person whatsoeuer shall not be instituted before examination made by the Ordinaries except those who are presented by Vniuersities Colledges and generall Studies 14. That in the causes of the exempted a certaine forme shall be obserued and where the question is of reward or concerning those who sue in forma pauperis the Exempted also who haue a Iudge deputed shall be conuented before the Ordinarie but those who haue no Iudge deputed shal bee conuented in all causes
diuers requests in priuate vnto some of those who remained in Trent to cause them to goe to Bolonia or at the least to make them depart from thence But they gained none but Galeatius Florimante Bishop of Aquila They laboured to bring to the Session all their friends that parted from Trent and that more should come also which was easie to doe by reason of the commodious passage from Rome thither Diuers Congregations were made in which nothing was handled but how they might defend the Translation to bee lawfull and to shew that those of Trent were bound to ioyne with them The 21. of April being come the day appointed for the Session with great concourse of all the people of Bolonia and much solemnitie the Legats The first Session in Bolonia accompanied with thirty foure Bishops went to the Councel house where nothing was done but a Decree read which sayd that it being resolued in Trent to translate the Synode to Bolonia and to celebrate the Session that day publishing Canons in matter of the Sacraments and of reformation yet considering that many Prelates of the Councel were imployed in their Churches by reason of the holy dayes of Easter hoping they will returne ere long that all may be done with honour and grauity the Synode hath deferred the celebration of that Session vntill the second of Iune reseruing power to themselues to abreuiate the terme It was decreed also to write letters in the name of the holy generall Synode to the Fathers remaining in Trent exhorting them to goe to Bolonia and to vnite themselues with the Body from which being separated they cannot bee called an Ecclesiasticall Congregation but doe giue much scandall to Christendome These letters beeing receiued in Trent were thought not to be discreet and did rather exasperate then mollifie their mindes Therefore they resolued not to answere for feare of making a contention and so to let the attempt fall which was ascribed to the Cardinall of Monte his too much liberty not to the moderation of that Assembly The Emperour who was in Saxonie with a puissant Army in the very face The Elector of Saxony is taken prisoner in battell and the Landgraue of Has 〈◊〉 th yeeld of that Elector wholly busied in martiall affaires had laid aside all thoughts of the Councell And the 24 of the same moneth hauing put his Armie in order vpon the riuer Elb called by the Latines Albi came to a set battell where the Duke Elector was wounded and taken prisoner and his Armie defeated The Protestant forces being weakened hereby the Landgraue was The Saxon is condemned to 〈◊〉 but his 〈◊〉 is â—â—uen vpon hard conditions enforced to yeelde and some few dayes after by the mediation of his sonne in law Mauritius and the Elector of Brandeburg did wilingly make his personall appearance The Duke was first condemned to die as a traytor and then his life was giuen him vpon diuers hard conditions all which hee accepted but his submission to the Councell in matter of religion And Caesar was content that the others beeing obserued this should be omitted Other conditions were proposed also to the Landgraue amongst which one was to obey the Decrees of the Councell of Trent whereunto he consented not but subscribed to referre himselfe to a godly and free Councell where the Head and the members might be reformed which also the Duke Maurice and the Elector of Brandeburg would doe They were both imprisoned the Saxon for euer and the Landgraue during the Emperours pleasure Caesar beeing made Lord of Germany by this victory became Master of a great deale of Artilery and drew much money from the Cities and Princes and to giue a peaceable forme to what he had atchieued by warre he ordayned a Diet in Ausburg These things did much afflict the Pope who considered that Italy was without helpe and remained at the Emperors discretion Yet he was comforted The Pope is afflicted in mind with the Emperors prosperity that hauing gotten the conquest by force hee would bee compelled to maintaine it by the same meanes and could not remoue his army from thence very soon In the mean space he had time to treat agree with the new French King and the Italians and to secure himselfe In all these troubles he was consolated being deliuered from feare of the Councell Hee commended aboue measure the resolution of the Cardinall Monte to whom hee attributed this benefit Hee resolued to send into France Ieronymus Boccaferrius a Romane Maketh a confederation with the new French King Cardinall of Saint George in shew to condole with the King for the death of his father and to giue him ioy of the beginning of his kingdome but with Commission to make intelligence and confederation with him The Pope gaue the Legate most ample power to grant the King all his demaunds in matter of Benefices without regarding the Decrees of the Tridentine Councel And sendeth a Legat into Germany And to be ready to embrace all occasions which might arise in Germanie to trouble the Emperour and that no resolution might be taken in the Diet to his preiudice he sent Francis Cardinall Sfondrato for Legate with instruction to treat with the Clergie and to keepe them in deuotion to make diuers propositions to the Emperour to establish the Councell in Bolonia which if it were not in a place of his owne subiection hee feared more then the Emperours Armes in Italy At this time there was a great sedition in Naples because the Viceroy D. A great commotion is raised in Naples by bringing in the Inquisition Pedro di Toledo desired to bring the Inquisition into the kingdome according to the custome of Spaine The Napolitans resisted and made a seditious crie throughout Naples God saue the Emperour and confound the Inquisition then being assembled they chose a Magistrate to defend them saying That when they yeelded their obedience to the Catholique King they made an expresse capitulation that causes of heresie should bee censured by ordinary Ecclesiasticall Iudges and that the particular office of the Inquisition should not bee brought in For this cause the Spaniards and Napolitans did seditiously take Armes and many were slaine and there was danger of rebellion When all things were set in order fifty thousand men beeing put in Armes assembled by the sound of Bels the Spaniards being retired into the Castles and the people fortified with Artillery in conuenient places there was as it were a formall warre betweene the Citie and the Castles The tumult lasted from the end of May vntill the midst of Iuly and more then three hundred persons were slaine on both sides In which interim the Citie sent Ambassadors And nourished by the Pope to the Emperour and the Pope offering to yeeld if they might bee receiued It was enough for the Pope to nourish the sedition which he did with much dexterity hauing not forces to maintaine the enterprise But the
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
himselfe of those affaires and returne assoone as was possible seeking to giue the Pope all satisfaction and to make him his friend and for matters of the councell not to thinke on them more then his conscience and honour did compell him Shee added that hee should haue the same authoritie in the kingdome as hee had before and therefore should hasten his returne The Queenes letters came to Rome and Trent in the end of May which as they were very gratefull to the Pope and made him beleeue he should see a good end of the Councel so an other accident did much displease him For in France consultation beeing had how to pay the debts of the Crowne the Ecclesiasticall goods are aliened in France without the Popes leaue Decree for aliening the valew of one hundred thousand crownes of Ecclesiasticall immooueable goods was confirmed by the Kings Edict and sentence of the Parlament This raised a great tumult of the Priests who said their priuiledges and immunities were violated and that sacred things could not bee aliened for any cause whatsoeuer without the authority and decree of the Pope To pacifie which noise the Ambassadour desired his Holinesse to giue his consent alleadging that the King was exhausted by the last warres deseigning to put his affaires in order that hee may beginne as his purpose euer was since the making of the peace to reunite all the Kingdome in the Catholique religion and that hee might be able to force whosoeuer should oppose he meant to impose a subsidie and to cause the Clergie to contribute their part also whereunto the Church was so much more bound then others by how much her interests were more in question that all beeing considered nothing was found to bee more easie then to supply that necessity with the alienation of some few Ecclesiasticall reuenues wherein he desired the consent of his Holinesse The Pope answered that the demand was painted foorth with a faire pretence Which maketh the Pope angry of defending the Church but was the onely way to ruine it for the auoiding whereof his securest course was not to consent to it And howsoeuer some might thinke that the French would proceed to execution without him yet he was of opinion that leaue would not haue beene demanded in case they could haue found buyers without it thinking that none would dare to aduenture their money fearing as the affaires of the world are vncertaine a time might come in which the Ecclesiastiques would resume their rents and not restore the price Therefore hauing proposed the businesse in Consistory by the deliberation of the Cardinals he resolued not to consent but by diuers excuses to shew it was impossible to obtaine that demand at his hands Loraine bearing an irreconciliable hate to the Hugonots not so much for religion as for faction which himselfe and his house had alwaies with them beeing assured it was impossible to reconcile friendship was much displeased that the matters of the peace did proceed For his returne into France hee thought fit to consider very well when and in what manner it ought to bee and for his particular affaires hee thought it necessary to hold good intelligence with the Pope and Court of Rome and with the Ministers of Spaine also more then formerly he had done Therefore he beganne from that day not to be so seuere in procuring the reformation and to shew greater reuerence to the Pope and to haue good correspondence with the Legats But besides the trouble for the demand of the alienation the Pope had another of no losse weight For hauing often promised the French Ambassadour Agreat difference in Rome about precedence betweene the French and Spanish Ambassadours to giue him his due place at Whitsontide and desiring to performe it he assembled some Cardinals to find a meanes to giue the Spanish Ambassadour satisfaction The courses were proposed one to giue him place vnder the Deacon on the left hand another vpon a stoole at the top of the Deacons bench But these did not take away the difficulty For there remained still matter of our currencie in bearing the traine of his Holinesse and giuing water for his hands when hee did celebrate the Masse and in receiuing incense and the pax The difficulty of the traine and the water did not presse the 〈…〉 because the Pope was not to celebrate and the Emperours Ambassadour was to bee there For the incense and the pax a temper was found that they should be giuen to all on the right side euen to the Ambassadour of Florence also who was the last and then to those on the left The French was not content with this and said that the Pope had promised him his place and that the Spaniard either should not come or should stand vnder him and would depart from Rome if this were not performed And it pleased the Spanish Ambassadour as little whereupon the Pope sent him word that he was resolute to giue the French Ambassadour his place The Spaniard answered that if the Pope were resolute to doe him that grieuance hee would read a writing to him The Cardinals who treated with him in the Popes name shewed him it was not good to doe so before his Holinesse had seene it lest not being knowen before some inconuenience might arise The Ambassadour was vnwilling to giue it but in the end was content Which the Pope hauing read was very angry at the forme of words which The Protestation of the Spanish Ambassador he said were impertinent Finally he was brought into the Popes Chamber with foure witnesses where he read his protestation on his knees which did containe That the King of Spaine ought to precede the French King in regard of the antiquity power and greatnesse of Spaine and of the multitude of his other Kingdomes by which he is the greatest and most potent King of the world because the Catholike faith and Church of Rome haue euer beene defended and preserued in his states that if his Holinesse will declare or hath declared in words or writing in fauour of France the grieuance and iniustice was notorious Therefore he in the name of his King doeth contradict all declaration of precedence or equality in fauour of France as frustrate and void against the notorious right of his Catholique Maiestie and if it hath beene made there is a nullity in it being done without knowledge of the cause and citation of the party and that his Holinesse doing this will because of great inconueniences in all Christendome The Pope answered admitting the Protestation Si and in quantum excusing himselfe for the citation omitted because hee gaue nothing to the French men but preserued the place in which he had euer seen◠them next the Emperors Ambassadours but offered notwithstanding to commit the cause to the Colledge of Cardinals or to the whole Rota adding that he loued the King and would doe him all the good offices he could The Ambassador replied that his
of heresie and others said it was much to bee suspected at the least and others that it was offensiue to godly eares They said hee had taken occasion to doe it in absence of the Cardinall of Loraine who would neuer haue endured those termes and that his end was to dissolue the Councell that hee did attribute to Kings more then belongeth to them that hee inferred that the Popes authority is not necessary for the vsing of Church goods that hee made the French King like to the Queene of England But nothing did so much offend as that hee said that the authority of the French Kings ouer persons and goods Ecclesiasticall was not founded vpon the Pragmatique Concordates and priuiledges giuen by Popes but vpon the law of Nature holy Scripture ancient Councels and lawes of the Christian Emperours The French Ambassadours were reprehended also because they did not follow the steps of the Emperours and Spanish Ambassadors who though they had the same interests made not such a commotion because they knew there was no reason for it De Ferrieres defended himselfe said that the Legates had promised the Cardinall of Loraine that this matter should not bee spoken of but with such moderation as that it should not touch the affaires of France which was not performed that the Kings instruction had beene imparted to the Cardinall who if he had beene present would not onely haue consented to but counselled Protestation that those were great Ignorantes who hauing seene nothing but the Decretals Lawes of foure hundred yeeres did thinke that there were 〈◊〉 Ecclesiasticall lawes before them that if any would reforme the King by the Decretals he would reforme them by the Decrees and lead them also to more ancient times not onely of Saint Austine but of the Apostles also that he did not make the French King as the Queene of England but did oppose them who haue begunne long since to enlarge their owne authority by di 〈…〉 ing the Kings that if those Articles did so much damnifie the Emperour and Catholique King as they doe France they would neuer haue beene proposed and therefore he was not to take example by those who haue not equall interests The Arch-bishop of Sant and the Abbat of Claraual were distasted most of all who went vp and downe saying that the Ambassadours had done ill to protest and that their end was to make a confusion and giue occasion for a Nationall Councel in France that they were men not well affected creatures of the King of Nauarre sent by him to the Councel for his owne deseignes had protested without the Kings commission that it was fit to make them shew their instructions to frame an Inquisition against them as not hauing a good opinion in matter of faith Where in great differences did arise between the Ambassadours and them The next day the Ambassadors gaue the King an account of the causes why they had deferred the protestation vntill then and how they were forced at that time to come vnto it adding that they would deferre the registring of it in the acts of the Councell vntill his Maiesty had seene it and commanded them what they should doe The Legats not hauing a copie of the Oration made a collection of it by the memory of those who had beeene most attentiue to send it to the Pope of which de Ferrieres hauing gotten a copie complained that many things were expressed against his intention and in particular where hee named Ecclesiasticall lawes it was repeated spirituall lawes and that Kings might take Church goods at their pleasure whereas hee had sayd onely for necessary cause By this he was forced to giue foorth his Oration and sent a copie of it to Rome to the Cardinall of Loraine excusing himselfe for not hauing vsed words of such acrimony as he was commanded in the last instructions and in the first which are reconfirmed in those adding also that he thought it necessary to obey the King and was not willing to vndergoe the reprehensions of the Counsellors of Parliament who would haue taxed him if in a Generall Councell matters of so great importance had beene determined against that which hath beene by them so exactly maintained besides the Kings authority which hee defended hauing beene vpheld foure hundred yeeres by the Kingdome of France against the war in opposition of it made by the Court of Rome it was not iust that the Fathers of the Councell the greater part of whom are Courtiers should be Iudges of the ancient differences which the kingdome hath with that Court He gaue a copie of the oration to the Ambassadors also and to as many as did desire it and some saide that he had pronounced it otherwise then it was written Whereunto hee replyed that that could not bee said by any that had any meane vnderstanding of the Latine and that howsoeuer it was the same pronounced and written yet if they thought otherwise they must remember that the stile of the Synod was neuer to iudge of things as they were deliuered in voyce but as they were exhibited in writing and therefore they should moue no controuersie herein or if they would himselfe was to bee beleeued before any other The oration being published it was answered in the name of the Synod And answered by a namelesse man Hee said that the French Ambassadours had reason to compare themselues to the Ambassadours of the Iewes because they had both made an vniust complaint against GOD and that the same answere might be giuen them which the Prophet gaue to that people in the name of GOD that if they had fasted and lamented so many yeeres or ate and drunke all was for their owne interests that the Kings of France were cause of all the abuses of that Kingdome by naming to Bishoprickes vnlearned persons ignorant in Ecclesiasticall discipline and more inclined to a lasciuious then to a religious life that the French-men would not haue a resolution in the controuersies of faith that Christian doctrine might allwayes be vncertaine and place might be giuen to new masters who might rub the itching eares of that vnquiet Nation that they spared not to say in those turbulent times that it belonged to the King though very yong as yet to dispose of all the gouerment of the Church that they had sayd with asseueration that beneficed men had onely the vse of the reuenues whereas in France time out of mind they haue carried themselues for Vsufructuaries making Testaments and receiuing inheritances from their kinsfolke who die intestate that to say the poore are owners of the reuenues was much contrary to another saying in the same oration that the King is Patron of all Ecclesiastical goods and might dispose of them at his pleasure that it was a great absurdity to say that the King might not bee reprehended by a generall Councell seeing that Dauid was reprehended by the Prophet Nathan and tooke it in good part that it did
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
successor of S. Peter gaue them his benediction The Arch-bishop of Mentz answered the Legats oration by order of the And is answerred by the Arch-bishop of 〈◊〉 Emperour and the Diet that Caesar as supreme Aduocate of the Church will vse all meanes to compose the disorders will imploy all his forces in the 〈◊〉 against the Turkes and that all the Princes will joyne themselues 〈…〉 that their actionâ— shall bee approoued by God and the Pope After this many 〈◊〉 〈◊〉 being heard the Elector of Sacco 〈…〉 and protestant Cities â—oyned with him presented to the Emperour she confession of their faith written Latine and Dutch 〈…〉 it might be read But the Emperour refusing to haue it The Lutherans doe present a confession of their faith And so do the Zuinglians 〈◊〉 in publique it was put off vntill the next day when the Legate would not be present for feare of receiuing some prejudice But the Princes being assembled before the Emperor in an Hall capable to receiue about 〈◊〉 persons it was read with aloud voyce And the Cities which followed the doctrine of Zuinglius presented apart the confession of their faith not differing from the former but onely in the point of the Eucharist The confession of the Princes which afterwards from this place where it was read was called Augustana contâ—ined two parts in the first were The name of the Augustan confession bega 〈…〉 expounded 〈…〉 de of the vnitie of the God-head of originall sinne of the incarnation of iustification of the ministery of the Gospel of the Church of administring the Sacraments of Baptisme of the Eucharist of Confession of Penance of the vse of the Sacraments and the Ecclesiasticall order of the rites of the Church of the ciuill Common-wealth of the last â—udgement of free will of the cause of sinne of faith of good workes and worshipping of Saints In the second were expounded the doctrines which were different from the Church of Rome the abuses which the Confessionists reprooued And these were declared at large in seuen articles of the holy Communion mariage of Priests of the Masse of Confession of the distinction of meates of Monasticall vowes and Ecclesiasticall iurisdiction In conclusion they offered in case it were needfull a more full information But in the proheme thereof they deliuered that they had put their confession in writing to obey the Propose of his Maiestie that all men ought to present their opinions and therefore if the other Princes will giue vp theirs in writing they are readie to conferre peaceably with them that they may come to an agreement whereunto in case they could not come his Maiestie hauing giuen them to vnderstand in all the former Diets that he could not determine or conclude any matter of Religion for diuers respects then alleaged but that he would perswade the Pope to call a generall Councell and finally hauing caused it to bee said in the Diet of Spira that the differences betweene his Maiestie and the Pope being readie to bee composed there could bee no doubt but that hee would giue consent vnto it they offered to app 〈…〉 and to giue a reason and make a defence of their cause in such a generall free and Christian assembly of which it hath alwayes bin treated in all the Diets celebrated during the time of his Empire Vnto which Councell and to his Maiestie they haue formerly in due forme and vpon good cause appealed vnto which appeale they doe yet adhere not intending to abandon it neither by this treatie nor by any other if the difference bee not charitably reduced first to a Christian concord This was the onely Act of the first day But the Emperour before he made any resolution would haue the Legates aduice Who hauing read The Legate would not censure the Confession and considered the confession together with the Diuines which he brought out of Italie though hee was of opinion that it ought to bee opposed and a censure published vnder his name yet foreseeing that it would giue occasion of greater tumults and saying plainely that the difference for the most part seemed verball and that it imported not much whether one spake after one manner or after another and that it was not reasonable that the Apostolicall Sea should take part in the disputations of the Schooles hee conâ—ented not to haue his name vsed in the contentions And hee answered the Emperour that for the present there was no cause to make any 〈◊〉 examination of the doctrine but to consider the example which would bee giuen to all vnquiet and subtile wits who would not haue wanted infinite other nouities to propose with no lesse probabilitie which would haue beene heard with greedines because of the itching of cares which they stirre vp in the world and that by correcting the abuses that were noted greater inconueniencies would be raised then those which one sought to remedie That his opinion was that the doctrine of the Lutherans being read to remoue all preiudice a confutation thereof should be read likewise which should not be But gaue order that a confutation therof should be read and no copie giuen published in copies for feare of opening a way to disputations but meanes should be vsed that the Protestants should 〈◊〉 from going further on by proposing fauours and threats But the Confession being 〈…〉 it wrought diuers effects in the mindes of the Catholiques who heard it Some thought the Protestants more wicked then they were perswaded before they were informed of their particular opinions others on the contrary remitted much of the bad conceit they had against them esteeming their opinions not to absurd as before they did yea for a great part of the abuses they confessed they were iustly reprehended It is not to be omitted that Cardinal Mattheo Langi Archbishop of Salzburg told euery one that the reformation of the Masse The Archbishop of Salzburg would not haue the world reformed by a Monke was honest the libertie of meates conuenient and the demand iust to be disburthened of so many commandements of men but that a poore Monke should reforme all was not to bee endured And Cornelius Scoperus the Emperours Secretarie saide that if the Protestant Preachers had money they would easily buy of the Italians what Religion pleased them best but without golde it was impossible to make theirs shine in the world The Emperour according to the Legates aduice approued also by his owne Counsellers desirous to compose all by a negatiue went first about to separate the Ambassadors of the cities from ioyning with the Princes which proiect not succeeding he caused a confutation to be made of what the Protestants put vp in writing and another of that which was produced by the Cities And hauing called the whole Diet together hee told the Protestants that he had considered of the confession presented vnto him and giuen order to some pious and learned men to deliuer their opinion thereof And heere
obedience of the Pope The Emperours Ambassadour to finde out a meane had many audiences The Empeors Ambassadous laboureth to perswade the Pope to chuse a place in Germanie for the Councell but cannot obtaine it with the Pope and with two Cardinals deputed by him ouer this matter He put him in minde that neither hee nor France nor Spaine had neede of a Councell nor did desire it and that therefore it was to no purpose to haue respect vnto them that it was sought for to cure the diseases of Germanie vnto which because it ought to bee proportionated it was fit to chuse a place where all that Nation might bee present That for other Countreys the principall subiects were sufficient because nothing was to bee handled concerning them that the Cities proposed were in all respects exceeding fit but only that they were farre distant from Germanie and though the safe conduct of his Holinesse ought to secure euery one yet the Protestants were suspicious for diuers reasons both old and new amongst which they esteemed not the least that Leo the tenth his cousin had condemned them alreadie and declared them heretikes And although all their reasons are resolued with this onely that euery one ought to relie vpon the Faith of the Pope yet his Holinesse by his great wisedome and experience might know that it was necessarie to yeeld to the imperfection of others and for pitie to accommodate himselfe to that which though in rigour is not due yet in equitie is conuenient And concerning the deliberatiue voyces of the Councell Who ought to haue voices in Councell hee discoursed that they being brought in partly by custome and partly by priuiledge a large field was opened vnto him to exercise his benignitie by introducing another custome more fit for the present times For if the Abbots were formerly admitted by custome because they were more learned and intelligent in religion it is reason to grant the same now to persons of equall or greater learning though they haue not the title of Abbats But the priuiledge ministreth matter to giue satisfaction vnto all For by granting the same priuiledge to euery one that is able to doe God seruice in that congregation there will bee a Councell exactly pious and Christian such as the world desireth Vnto these reasons answere being made with the motiues before named the Emperour could obtaine nothing of the Pope whereby the businesse remained vnperfect for that time and the Emperour applied himselfe to sollicite the treatie of peace alreadie begun which being brought to a good conclusion and the Turkish warre drawing neere at the last a composition was published the three and twentieth of Iulie that A peace of religion conclu 〈…〉 Germani Iuly 23. called the IUterim there should bee common and publike peace betweene the Emperours Maiestie and all the States of the Empire of Germanie as well Ecclesiasticall as secular vntill a generall free and Christian Councell and in the meane space that none should make warre against another for cause of religion nor take spoile or besiege him but that there should bee true amitie and Christian vnitie amongst all That the Emperour should procure the intimation of the Councell within sixe moneths and the beginning within a yeere Which if it bee not possible all the States of the Empire should bee called together to resolue of what is fit to bee done as well for the Councell as for other necessarie things That the Emperour should suspend all the iudiciall processes in cause of religion made by his Fiscall or others against the Elector of Saxonie and his adherents vntill the future Councell or the forenamed resolution of the States On the other side the Elector of Saxonie and the other Princes and Cities should promise faithfully to obserue this publique peace to giue due obedience The Emperor pro 〈…〉 the calling of a 〈…〉 oú â—within 6. moneths to the Emperour and conuenient ayde against the Turke This peace the Emperour ratified and confirmed by his letters dated the second of August and suspended also all processes promising to doe his endeuour for the calling of a Councell within sixe moneths and for the beginning of it within a yeere Hee gaue also an account to the Catholike Princes of the ambassage sent to Rome for that end adding that some difficulties of weight could not as yet bee accorded concerning the manner and place But he would continue his endeuours that they should bee resolued and that the Pope should grant the conuocation hoping that hee would not be wanting to the necessitie of the Common-wealth and his owne duetie but in case this succeeded not hee would intimate another Diet to finde a remedie herein This was the first libertie of Religion which those that adhered to Luthers confession called the Augustan obteined by publique decree whereof the world talked diuersly At Rome the Emperor was reprehended for putting The first libertie of the Augustan confession his sickle as they sayd into another mans haruest euery Prince being obliged by the strictest bonds of censures to the extirpation of those that are condemned by the Pope wherein they ought to spend their goods state and life and the Emperours much more because they doe so solemnly sweare vnto it This not being performed by Charles an example not heard of there was cause to feare a sudden reuenge from heauen But others commended the pietie and wisedome of the Emperour who laboured more to preuent the danger imminent to Christendom by the armes of the Turke a direct opposer of Religion against whom hee could not haue made resistance without securing the Protestants who are Christians too though dissenting from others in some particular rites which is a tolerable difference That the Maxime so renowned in Rome that it is more meete to persecute heretikes then infidels was wel fitted to the Popes dominion but not to the benefit of Christendome Some also not regarding the Turkes said that Kingdomes and Principalities ought not to bee gouerned by the lawes and interests of Priests who are more partiall for their owne greatnesse and profits then any other but according to the exigence of the publike good which requireth now and then the tolerating of some defect That it was the duetie of euery Christian Prince to indeuour equally that his Subiects maintaine the true faith as also that they obserue all the Commandements of God and not this more then that But when a vice cannot bee rooted out without the ruine of the State it is acceptable to the Maiestie of God to permit it neither is the obligation greater to punish heretikes then fornicators who if they be tolerated for publike quiet it is no greater inconuenience if those bee permitted who defend not all our opinions And though it bee not easie to alleadge examples of Princes which haue done this within these 800. yeeres yet hee that will consider the times before will see it done by all and laudably too
Therefore the last of October hauing imparted all to the Cardinals by their counsell and aduise he ordained and wrote also to Trent that the Synode should be opened the next Sunday called Gaudete in Aduent which was to bee the 13. He giueth order to begin the Councell the 13. of December of December The Prelats shewed great ioy for the newes seeing themselues deliuered from the imminent danger to remaine long in Trent and doe nothing But a little after the ambiguities were on foot againe For letters came from The 3. Frenâ— Prelats are recalled but two of them are perswaded to remaine the French King to his Prelates which were three that they should depart This seemed to the Legates a thing of the greatest importance being as it were a declaration that France and the King approoued not the Councell They vsed all meanes to hinder their departure telling the Prelates that the King gaue that order when the case was otherwise and that they ought to expect another because his Maiestie was now informed of the present state putting them in minde of the scandall that would ensue in case they did otherwise and of the offence which other Nations would take The Cardinall of Trent and the Spanish and Italian Prelats protested against their departure Therefore in conclusion they tooke a middle course which the King commended when he knew it that the Lord of Renes should goe to giue the King account and the other two remaine The last of Nouember the time prefixed for the opening of the Councel approaching the Legates wrote to Rome that to preserue the authority of the Apostolique Sea it were fit in opening of it to read and register a Bull which might command it to bee done and they made a dispatch in all diligence that it might come in time The answere together with the Bull arriued the eleuenth of December Therefore the Legates commanded a fast and Procession the next day and made a Congregation of all the Prelates where first the bull was read and then all treated of which was to bee done the next day in the Session The Bishop of Estorga proposed after a pleasing manner that it was necessary to read in the Congregation the Briefe of the Legation and Presidencie that all might make profession of their obedience and subiection to the Apostolique Sea The request was approoued The Legates would not suffer the Bull of their Legation to bee read by almost all the Congregation and accompanied with the particular instance of euery one But the Legate Sancta Croce considering how farre the demand might reach and that to publish the authoritie of the Presidencie might breede danger to haue it limited thinking it better by keeping it secret to vse it as occasion serued answered readily that in the Councell all were but one bodie and that it was equally necessarie to reade the Buls of euery Bishop to shew hee was such a one instituted by the Apostolique Sea which would be tedious and by reason of those who dayly will come would spend the time of all the Congregations and so hee stopped the request and retained the dignitie of the Legation which consisted in beeing vnlimited The thirteenth of December came at last when in Rome the Pope published a Bull of Iubilie where hee declared that hee had intimated a Councel The Councel is opened in Trent and a Iubilie published in Rome to heale the wounds of the Church caused by impious heretikes Therefore hee exhorted euery one to assist the Fathers assembled therein with their prayers to God which to doe effectually and fruitfully they ought to confesse themselues and fast three dayes and during that time to goe in processions and then to receiue the most blessed Sacrament granting pardon of all his sinnes to whosoeuer did so The same day the Legates in Trent with all the Prelates in number 25. in pontifical habit accompanied With the Diuines Clergie and people of forreine parts and of the City made a solemne procession from Trinitie Church to the Cathedrall where Monte the The Ceremonies vsed prime Legate did sing the Masse of the holy Ghost in which the Bishop of Bitonto made a long copious eloquent Sermon That being ended the Legats caused a long written admonition to be read the summe whereof was that it was their charge during the whole course of the councel to admonish the Prelats in occurrences and that it was fit to begin in that Session vnderstanding The admonition of Card. Monte. that this admonition all the rest were as wel made to themselues as to others as being of the same condition with them that the Councel was assembled for three causes for the extirpation of heresie restitution of Ecclesiastical discipline and regaining of peace To execute which things it was fit to haue first a true inward sense what it was to be the cause of all those three calamities Of heresies not that they had raised them but that they had not performed their duetie in sowing good doctrine and rooting out the cockle Of manners corrupted that there was no neede to make mention it beeing manifest that the Clergie and Pastours onely were corruptors and corrupted For which things God had also sent the third plague which was the war forraine of the Turkes and ciuill of the Christians That without this inward and true acknowledgement their enterance into the Councell and calling vpon the holy Ghost were in vaine That the iudgement of God was iust to punish them so deepely though it were lesse then they deserued Therefore they exhorted euery one to know his owne faults to mitigate the wrath of God replying that the holy Ghost which they had inuocated would not come if they refused to heare of their owne sinnes and like Esdras Nehemiab and Daniel confesse them He added that it was a great blessing of God that there was such an occasion giuen to beginne a Councel for reformation on all hands And though contradictors will not bee wanting yet it was their duetie constantly to goe on and as Iudges to auoyde passion and aime onely at the glory of God in regard they are to performe this duety before him the Angels and the whole Church In fine they admonished the Bishops sent by the Princes to doe their Masters seruice with faith and diligence yet preferring the honour of God before all Afterwards the Bull of the intimation of the Councel in the yeere 1542. was read and a Briefe of the simple deputation of the Legates together with a Bull of the opening of the Councel and immediately Alfonso Zorilla Secretarie to Don Diego stepped forward and reproduced the Emperours Commission presented before to the Legates and shewed a letter of Don Diego in which he excused his absence by reason of his indisposition For his excuse the Legates sayd it was worthy to bee admitted For the Commission though they might insist vpon the answere giuen before yet they were pleased
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
England about religion gained authority 〈…〉 gether with Thomas 〈◊〉 Archbishop of Canterbury did 〈◊〉 the Protestants and brought in some of their owne Doctors and hauing layd some foundation of doctrine especially amongst the Nobility they assembled the States of the Kingdome which they call a Parliament and by public decree of the King and of that banished the Masse For which a 〈…〉 popular sedition beeing made by those who required the restitution of the Edicts of Henrys 〈…〉 of the old Religion 〈…〉 and 〈…〉 arise in the Kingdome Saint Martins day beeing come 〈…〉 were great the 〈◊〉 Councel were held in many Cities and the 〈…〉 reformation of the Emperour was receiued changing th 〈…〉 onely as it 〈◊〉 med to agree best to the manner of decreeing in euery 〈◊〉 yet without prouision made for the execution and all 〈…〉 for 1549 1549 The Diocesan Councels are held and the Emperors reformation is receiued The 〈◊〉 〈◊〉 Councell of Collen onely the 〈…〉 〈…〉 of 〈…〉 The The Decrees where of the the Low Coutreys as being subiect to that Sea 〈…〉 of should 〈…〉 charging the Magi 〈◊〉 to 〈…〉 〈…〉 same stile who the third The Prouinciall Councell of Mentz wâ—â—ke 〈…〉 of his Pr 〈…〉 made 48. Decrees in doctrine of 〈…〉 In the poynts decided by 〈…〉 doctrine in others the more 〈…〉 points are remarkeable where In 〈…〉 point◠〈…〉 〈…〉 to be 〈◊〉 or haue D 〈…〉 me 〈◊〉 〈…〉 be doe shew how much the opinions of 〈…〉 〈…〉 the 〈…〉 after which 〈…〉 may 〈…〉 that Religion cannot be handled in a Nationall Councel And though one may ground himselfe more vpon diuers Prouinciall Councels of Africa Egypt of Syria and other parts of the East yet this being moderne though not of such consequence will perhaps more prouoke the Reader to marke it The Elector of Triers did celebrate also his Synode and other Metropolitanes not departing from the Communion of the Pope did all publish the Imperiall Edicts of Ausburg as well for the Interim of Religion as for the Other prouincial Councell are held Ecclesiasticall reformation The Nuncij destinated by the Pope the yeere before and deferred for the The Nuncij goe into Germany and are despised in all places causes aforesaid began their iourney for Germany who in euery place where they passed were despised euen by the Catholikes themselues so odious was the Popes name and the very habit of his Ministers in regard of his differences with the Emperour and of the courses hee tooke And finally in the end of May they went to Caesar into the Low Countreys where after long discussion how to execute the Popes commandements there being difficultie in euery proposition for one part or other in fine the Emperor resolued that hauing faculty from the Pope to substitute they should substitute the Bishops euery one in his owne Diocesse referring all to their consciences This match was not readily made by the Nuncij yet condescending at the last a substitution was printed in the name of the three Nuncij leauing a place for the name of the Prelate vnto whom it was to bee directed and inserting first the tenor of the Popes Bull and alleadging for cause of the substitution their not beeing able to bee in euery place they did communicate their authority with aduice not to grant the Communion of the Cup and vse of eating flesh but with great maturitie and euident profit prohibiting that ought should be payd for those Graces Caesar vndertooke to send them to whom and where it was fit and to what place soeuer hee addressed them hee gaue them to vnderstand that the proceeding should be with gentlenesse and dexterity There was very little vse of these faculties for those Their Faculties did but little good that continued in the Popes obedience had no need of them and those who were aliened did not onely not care for them but refused them also A few dayes after Ferentino departed Fano and Verona remained with Caesar vntill the Archbishop of Siponto was sent by Iulius the third as shall be sayd in its place At the same time the French King making his first entry into Paris the The French King maketh his first entry into Paris publisheth an Edict in fauour of the Roman religion fourth of Iuly caused a solemne procession to bee made and published an Edict rendring a reason thereof that hee did it to signifie vnto all that hee receiued the protection of the Catholike religion and of the Apostolike Sea and the care of the Ecclesiasticall order and that hee abhorred the nouitie of religion and testified to all his will to perseuere in the doctrine of the Church of Rome and to banish the new heretikes out of all his dominions and hee caused this Edict to be printed in French and sent it into all parts of his kingdome Hee gaue leaue also to his Prelates to make a prouinciall assembly to reforme the Churches which being knowen at Rome was thought to bee a bad example and might bee a beginning to make the French Church independant And vseth much seuerity against the Lutherans of the Church of Rome Hee caused also many Lutherans to bee put to death in Paris himselfe beeing present at the spectacle and in the beginning of the next yeere hee renewed the Edict against them laying grieuous punishments vpon the Iudges who were not diligent in detecting and punishing them But the Councell in Bolonia hauing slept two yeeres the seuenth of Nouember the Pope seeing a letter of Duke Octauius his nephew that hee would make an agreement with Ferrandus Gonzaga to enter into Parma which Citie the Pope caused to bee held in the name of the Apostolike Sea hee was so assaulted with perturbation of minde and anger that hee swooned The Pope dieth with passion and after some fewe houres comming to himselfe he fell into a Feauer whereof he dyed within three dayes This made Monte part from Bolonia The election of the new Pope to be at the Election of the new Pope and all the other Prelats to retire to their houses The custome is that the Cardinals doe solemnize the Obsequies of the defunct Pope nine dayes and enter into the Conclaue the tenth Then by reason of the absence of many they entred not vntill the 28. of the moneth The Cardinall Pacceco left not Trent vntill the Emperour vnderstanding of the Popes death gaue him order to goe to Rome where hee arriued many dayes after the Conclaue was shut vp The Cardinals being assembled to create the Pope and making capitulations according to the custome which euery one sweareth to obserue in case hee shall bee elected the first was to prosecute the Councel Euery one thought the new Pope would haue been elected before Christmas For the holy gate for the Iubile of the next yeere 1550. beeing to be opened on the Eue of the Feast at which the Popes presence was necessary and there beeing that yeere
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
Rome there was no neede of a new determination and immediatly answere was made that the Conseruatories of these should by no meanes bee touched Whereupon the Fathers of the Synode who were adherents of Rome beeing entred into this opinion the others who were fewer were forced to be content with the exception and there was some hope and some meanes vsed to pacifie them The sixth point was concerning the Priests apparell wherein it was easily concluded to ordaine that all the Ecclesiastiques of holy Order or Beneficed men should bee bound to weare an habite fit for their degree according to the appointment of the Bishop giuing him power to suspend the transgressours if after admonition they shall not obey and to depriue them of their Benefices if after correction they shall not amend renewing herein the constitution of the Councel of Vienna which notwithstanding was not much fitted to those times prohibiting vpper garments laced and of diuers colours and frockes shorter then the vestment and red and greene breeches chequered things disused which haue no neede of prohibition The vse of all Christian Nations was most ancient that to imitate the mildenesse of CHRIST our LORD all the Ministers of the Church should bee neat and cleane from mans blood neuer receiuing to any Ecclesiasticall order any person defiled with homicide whether voluntary or casuall and if any Clerke committed any such excesse either willingly or by chance all Ecclesiasticall function was immediatly taken from him This hath beene and is now inuiolably obserued by other Christian Nations vnto whom dispensations against the Canons are vnknowen but in the Latine where rich men may easily make vse of them it is obserued onely by the poorer sort It being proposed in the fourth and fifth Article to moderate the abuse it was ordained in the seuenth head that a voluntary homicide should for euer remaine depriued of all Order Benefice and Ecclesiasticall office and when there shall bee cause to dispence with the casuall homicide the commission of the dispensation shall bee directed to the Bishop onely or if there bee cause to the contrary to the Metropolitane or next Bishop They saw that this Decree did not serue to moderate the abuses but to make the dispensations dearer For the Popes hands were not tied concerning voluntary homicide and for casuall the decree was obserued in not committing the cause to any but the Bishop but to dispence directly without committing it to another was not taken away first making the proofes in Rome or dispatching the dispensations vnder the name of Motu proprio or with other clauses with which the Chancery doth abound when it hath cause to vse them A certaine sort of Prelates seemed to hinder much the authority of Bishops who for their reputation in the place where they dwelt obteined power of the Pope to punish the faults of the Ecclesiastiques of that place and some Bishops also pretending that their Priests receiued scandall and bad example from those of the next Diocesses obtained authority to chastise them Some desiring that this disorder should bee remedied by reuoking wholly such authorities and perceiuing that it would distaste many Cardinals and great Prelates who abused them they found a moderation that they should vse them yet without preiudice of the Bishop ordayning in the eighth poynt that they might not proceede but in presence of the Bishop or his deputie There was another way to subiect the Churches and people of one Diocesse to the Bishop of another by vniting the Churches of one to the Churches or Benefices of the other which though it were prohibited in generall termes in the seuenth Session yet it beeing not so plainely done as some desired an expresse declaration was demanded Whereupon it was resolued in the ninth point that all perpetuall vnions of the Churches of one Diocesâ—e to the Churches of another should be prohibited vnder what pretence soeuer The Regulars made great instance to keepe their Benefices and to regaine those which they had already lost by the inuention of perpetuall Commendaes and many Bishops for sundry respects were willing to assist them They were desirous to propose that these perpetuall Commendaes should bee quite taken away but fearing to bee contradicted they were content onely to desire they should bee moderated The Presidents on the other side seeing the hazard that this matter dangerous for the Court should bee set on foote themselues proposed a light remedie to hinder all treatie of a better And this was that Regular Benefices vsually giuen in title to religious men when they shall bee vacant hereafter shall not bee conferred but vpon men professed of that Order or to some person who is to receiue the habite and take vpon him the profession This was the tenth poynt which did not much import the Court of Rome in regard as many Commendaes were alreadie made as could bee and the Prelates had no great desire to obtaine more though it would haue beene an honour for the Churches if the regular Abbats had resided But in regard of the fauour extended to the Monkes not to take more from them then was taken already a counterpoize was added in the next point ordaining that they could not haue secular Benefices though with cure Which howsoeuer it speaketh onely of those who are translated from one order to another ordaining that none should bee receiued but with condition to remaine in the Cloyster yet by parity of the reason or by an argument of greater reason it hath beene vnderstood generally of all And because the patronage of Churches was graunted in Court by grace and to make the grace the greater power giuen to depute an Ecclesiasticall person with faculty to institute him that is presented this disorder was remedied in the twelfth head ordaining that none should haue right of Patronage but the founded of the Church or hee that hath competenly indowed with his patrimoniall goods one already founded And for remedie of the second disorder it was forbid in the 13. head that the Patrone though he had a priuiledge to doe it should not make the presentation to any but the Bishop While these things were handled Iohannes Theodoricus Pleniagorus and The Ambassadors of the Duke of Wittenberg arriue in Trent with commission to present the confession of their faith Iohannes Eclinus Ambassadours sent by the Duke of Wittenberg to the Councell arriued in Trent with order to present publiquely the confession of their doctrine whereof mention hath beene made and to say withall that Diuines would come to expound it more at large and defend it if securitie and safe conduct were giuen them according to the forme of the Councell of Basil They went to the Count Montfort the Emperours Ambassadour shewed him their Mandate and tolde him they had commission to propose some things in the Councell This being related by the Count to the Legate hee answered that as others Ambassadors did first present themselues to the Presidents in the name
to shew hee was not so much obliged to the Papacie would not receiue Ecclesiasticall Orders these causes being ceased went out of the number of the Deacon Cardinals and was ordained Priest and foure moneths after the Arch-bishop of Canterbury being burnt hauing beene first degraded with many ceremonies he was put into his place The people of Austria in regard of the Recesse made in the Diet and of Ferdinands declaration in fauour of the Cities and Nobles subiect to Ecclesiasticall Princes entred into hope that themselues also might retaine libertie The people of Austria disire liberty of 〈…〉 ligion of religion Therefore hauing called a Diet of his Subiects to haue a contribution against the Turkes who made warre against him they demaunded permission and freedome to liue in purity of religion and to inioy the benefit which was granted vnto the Confessionists telling the King that the scourges of the Turkes are Gods visitations to inuite them to amendment of life that Armes are in vaine taken against the enemie if the wrath of God be not first appeased who will be honoured according to his owne prescript and not according to the fansies of men They beseeched him that they might not be in worse estate then other Germans and that Ministers of the Church might teach and distribute the Sacraments according to the Euangelicall and Apostolicall doctrine and that the Schoole-masters should not bee banished vntill their cause were heard according to iustice offering vpon these conditions to aduenture their liues and goods to giue him contentment Ferdinand answered that hee could not grant their demand not for want To whom Ferdinand answereth thus of will to gratifie them but because hee was bound to obey the Church and that himselfe and Caesar had euer detested the discords in religion for remedy whereof they had institured many Colloquies and finally procured the Councell of Trent which if it had not a happy successe it was not to bee imputed vnto them in regard it is knowen with what counsels and artifices it hath been hindered by others that afterwards an Edict was made in fauour of the Augustan Confession in which themselues were partakers because it was said therein that euery Prince not Ecclesiasticall might choose which of the two religions he would and the people follow the religion of the Prince with which if any bee not content hee hath liberty to sell his goods and to goe whither hee will that therefore their duety was to continue in the old Catholique Religion which himselfe professeth but to yeeld to their desires as much as he could hee was content to suspend that part of the Edict which concerneth the Communion of the Cup yet with condition that they should change nothing in the rites and ceremonies of the Church vntill the Decree of the future diet And they desiring nothing else were content to contribute readily against the Enemie The Bauarians also desired of their Duke libertie of religion demaunding a free preaching of the Gospel mariage of Priests the Communion Sub vtraque 1556 PAVL 4. CHARLES 5. MARY HENRY 2. The Bauarians also desire liberty of religion Which their Duke doeth grant vnto them in some few points and to eate flesh euery day protesting that otherwise they would not pay the heauie Subsidies and contributions against the Turkes The Duke seeing that Ferdinand his wiues father had graunted his people the Communion of the Cuppe to obtaine contributions of them did likewise grant them that Communion and leaue to eate flesh if there were necessity on fasting dayes vntill the causes of Religion were composed by publique authority the Edicts made by him in matter of Religion stil remaining in force protesting in many and copious termes that hee would not depart from the Church and religion of his ancestors nor change ought in the ceremonies without consent of the Pope and the Emperour promising to procure that his Metropolitan and Bishops should approoue this grant and not molest any for these things The whole Palatinate did imbrace The whole Palatinate doth imbrace the Augustan Confession the Augustan Confession because the Elector beeing dead his Nephew succeeded who had declared himselfe to be of that Confession many yeeres before for which he had suffered many persecutions And now being made Prince hee presently forbade the Masses and Roman ceremonies throughout all his Principality But the Pope hauing layd the foundations before rehearsed applying himselfe to spirituall matters thought it necessary to gaine credit with the world which could not bee done if it did not appeare by deedes not by words onely that the Court of Rome was reformed Therefore beeing wholly bent to this in the end of Ianuary 1556. he erected a Congregation 1556. The Pope erecteth a congregation to discusse all doubts concerning Simonie in which were foure and twenty Cardinals and fiue and fourty Prelates and other persons the most learned of the Court to the number of 150. and diuide them into three rankes in each of which were eight Cardinals fifteene Prelates and others to the number of fifty To these hee committed the discussion of all the doubts in matter of Simonie which hee printed and sent copies of them to all Princes and said hee had published them that they might come to the knowledge of the Vniuersities of generall Studies and of euery learned man that all might haue occasion to make knowen their opinions which he would not openly desire because it was not honourable for that Sea which is mistris of all to goe about and beg them Hee sayd that for himselfe he had no neede of the instruction of any because he knew what CHRIST did command but that he had erected the Congregation that in a matter wherein all are interested it might not bee sayd that hee had proceeded of his owne head Hee added that hauing purged himselfe and his Court it could not bee sayd to him Physician cure thy selfe and that he would make Princes know that there is greater Simonie in their Courts which hee would take away beeing superiour aswell to Princes as Prelates In the first Congregation of the first ranke held the 26. of March before In the first meeting of which 3. opinions are broached Cardinall Bellai Deane of the Colledge twelue persons did speake and there were three opinions One of the Bishop of Feltre who defended that for the vse of the Spiritual power it is not inconuenient to take money when it is not for a price but for other respects another of the Bishop of Sessa that this was by no meanes lawfull and vpon no condition and that it was absolutely detestable Simonie as well to giue as to receiue nor could bee excused with any pretence the third of the Bishop of Sinigaglia in the middle betweene these two that it might bee lawfull but in some certaine time onely and with certaine conditions The voyces of that ranke being all giuen and brought to the Pope after Easter holy
this respect another accident was as grieuous as the former But more with the capitulations of the peace of Cambray that is the peace made at Cambray the third of Aprill betweene the Kings of France and Spaine which was well confirmed by the marriages of the daughter of Henry to the King of Spaine and of his sister to the Duke of Sauoy In which peace amongst other capitulations it was agreed that both the Kings should make a faithfull promise to labour ioyntly that the Councell should bee celebrated the Church reformed and the differences of religion composed The Pope considered how goodly a shew the title of reformation and the name of a Councell did make that England was lost and all Germany also partly by the Protestants and partly by his difference with Ferdinand that these two vnited Kings were much offended by him the Spaniards by deedes and words the French by words at the least there remayning none to whom he might haue refuge that the Cardinals were wearie of his gouernement and his people not well affected in regard of the incommodities of the warre and the taxes layd vpon them These cogitations did so afflict the old Pope that hee was vnfit to rule Hee could not holde the Consistories so often as hee was woont and when hee did holde So that hee became vnfit to rule them hee spent the most part of the time in speaking of the Inquisition and exhorting the Cardinals to fauour it as beeing the onely way to extinguish heresies But the two Kings did not agree to procure the Councell for any ill will or interests which either of them had against the Pope or Papacie but to prouide against the new doctrines which did exceedingly increase being willingly heard and receiued by all men of conscience and which was of more The progresse of the reformed religion and y e meanes vsed to suppresse it importance the male-contented and those who were desirous of innouations put themselues on that side and did dayly vnder pretence of religion make some enterprises as well in the Low Countries as in France in regard those people did loue their libertie and had commerce with Germanie as bordering vpon it In the beginning of the troubles some seedes were sowed which that they might not take roote the Emperour Charles the fifth in the Low Countries and the French King in his Kingdome made many Edicts and commanded diuers executions whereof wee haue spoken in their due places But after that the number of the Protestants did increase in Germanie and the Euangeliques did multiply amongst the Suisses and the separation was made in England by reason of the often warres betweene the Emperour and French King either partie was forced to call Auxiliaries out of these three Nations who publikely professing and preaching the Reformed religion in their quarters by their example and by other meanes diuers of the people became of their opinion It is certaine that this compelled Charles the Emperour to attempt the bringing in of the Spanish Inquisition seeing that other remedies did not preuaile though hee was partly forced to desist for the causes before related And Henry the French King gaue the Bishops authoritie to punish heretiques a thing neuer vsed before in that Kingdome And although in the Low Countries from the first Edict of Charles vntill this time of the peace there were hanged beheaded buried aliue and burned to the number of fifty thousand and very many put to death in France In the Low Countries 50000 were executed for religion in a short time and very many in France yet both places were then in worse case then euer This made the Kings to thinke ioyntly of finding a remedie by the great perswasion of the Cardinall of Loraine for the French and of Granuel Bishop of Arras for the Spaniards who being in Cambray from October vntill Aprill with other Deputies of the two Kings to treate a peace did conferre particularly amongst themselues how that doctrine might be rooted out and were afterwards the chiefe instruments of whatsoeuer did happen in both States The cause they Whereof the Cardinall of Loraine and Granuel Bishop of Arras were causes alledged to be the zeale of religion and the seruice of their Princes but it was vniuersally beleeued that it was rather ambition and a deseigne to enrich themselues by the spoyles of those who were to be condemned The peace beeing made the King of Spaine to begin to giue some order not being able to bring in the Inquisition openly thought to doe it obliquely The King of Spaine erecteth Bishoprickes in the Low Countries that hee might more easily bring in the Inquisition by the Bishops But there beeing but two Bishopricks in the Low Countries Cambray and Vtrect and the residue of the Clergie subiect to the Bishops of Germanie and France and those two Bishoprickes also subiect to forraigne Arch-bishops to whom appeales could not be denied so that he could not worke his will by meanes of them hee thought fit to free all that Clergie from the subiection of Bishops who were not his subiects and to institute three Arch-bishoprickes in those Countries Meclin Cambray and Vtrect and to erect into Bishoprickes Anwerp Balduck Gant Bridges Ipre S. Omar Namur Harlem Middleburgh Lewarden Groninghe Ruremond and Dauenter annexing vnto them for reuenewes some rich Abbies Hee caused the Pope to approoue all this by his Bull dated the ninth of May the same yeere The pretence for doing of this was that formerly those Countries beeing not much inhabited did not neede a greater number of Bishops but now the multitude of people and dignitie of the Cities did require they should bee honoured with Ecclesiasticall titles Yet the Nobilitie and Comminalty did imagine it was an art to bring in the Inquisition in which opinion they were confirmed when they saw the Popes Bull. For according to the vse of Rome to enlarge their power or profit in euery bargaine he alledged for a cause of that new institution that that Countrey was compassed and as it were besieged by Schismatiques who did not obey him the Head of the Church so that the true faith was in great danger by the fraudes and insidiations of the Heretiques if new and good Gardians were not placed ouer them This occurrence made the Nobilitie to adhere together and to thinke how to make resistance before there was meanes to compell them by force of armes Which maketh the Nobility to combine and refuse to pay tribute They resolued therefore not to pay tribute vntill the Spanish Souldiers were remooued out of the Countrey and began to incline more to the new opinion and to fauour it which caused the other troubles which shall bee spoken of But the French King desirous to make prouision that the Lutheran sect The French King entreth into the Mercuriall should not more encrease in the Kingdome vnderstanding that some of the Counsellors of the Parliament were infected with
German the Chancellor declared in the Kings name that they were called to consult how to remedie the stirres raised in the Kingdome Hee made a recapitulation of all the things that hapned adding that the differences of Religion should be referred to the Prelates but when the peace of the Kingdome and keeping of the Subiects in obedience to the King is in question that this could not belong to the Ecclesiastiques but to those whom the King would appoint to consult of it That he had euer commended Tulli who was wont to blame Cato that liuing in a most corrupt age was so seuere and rigid in his determinations as if hee had been a Senator in Plato his Common-wealth That lawes were to bee fitted to the time and persons as the shooe to the foote That this particular was then to bee consulted of whether it were good seruice for the King to permit or prohibite the Congregations of the Protestants wherein they were not to dispute which Religion was the better because they tooke not in hand to frame a Religion but to put in order a Republique and that it was not absurd to say that many might bee good Citizens and not good Christians and that those who were of diuers religions might liue in peace In consulting hereof the opinions were diuers but they preuailed who thought that the Edict of Iuly was to bee remitted in part and the Protestants to haue leaue to preach At the making of the Edict which contained many points the Cardinals of Borbon Tornon Chastillon were present as also the Bishops of Orleans and Valence That the Protestants should restore the Churches possessions and other Ecclesiasticall goods vsurped That they should forbeare to beate downe Crosses Images and Churches vpon paine of death That they should not assemble themselues to preach pray or administer the Sacraments in publique or in priuate by day or by night within the Citie That the prohibitions and punishments of the Edict of Iuly and all others made before should bee suspended That they shall not be molested in their Sermons made out of the Citie or hindred by the Magistrates who ought to protect them from iniurie chastising the Seditions on both sides That none shall scandalize another for Religion or vse contumelious words of faction That the Magistrates and officers may bee present at the Sermons and Congregations That they shall not make Synods Colloquies or Consistories but with leaue and in presence of the Magistrate That they shall obserue the lawes for feasts and degrees prohibited for marriage That the Ministers shall bee bound to sweare to the publique Officers not to offend against this Edict nor to preach any doctrine contrary to the Nicen Councell and the bookes of the New and Old Testament The Parliament could hardly be brought to accept of this Edict Therefore the King did commaund againe that it should bee published adding that it was to be vnderstood to bee made by way of prouision vntill the determinations of the Generall Councell were diuulged or the King ordaine otherwise not meaning to allow two Religions in his Kingdome but that onely of the holy mother the Church in which himselfe and his predecessours haue liued The Parliament beeing not agreed for all this the King commaunded that laying aside all delayes and difficulties the ordination should bee published And so it was the sixth of March with this clause that the Parliament did verifie For appeasing of which an Edict is made March 6. the Kings letters to obey him considering the state of the times not to approoue the new Religion but onely by way of prouision vntill it be otherwise ordained by the King But to returne to Trent in the Congregation held the seuen and twentieth Three propositions in the Congregation of the 27. of Ianuary of Ianuary the Legates made three propositions The first to examine the bookes written by diuers authors since the heresies began together with the censures of the Catholiques against them to determine what the Synode should decree concerning them The second that all that are interested in that matter should bee cited by Decree of the Synode lest they complaine that they haue not beene heard The third that a Safe Conduct should be giuen to those who are fallen into heresie with a large promise of great and singular clemencie so that they will repent and acknowledge the power of the Catholique Church And order was giuen that the Fathers hauing considered on the propositions should deliuer their opinions in the next Congregation as well how to examine with case the bookes and censures as concerning all the rest And Prelates were deputed to examine the Mandates and excuses of those who pretended they could not come to the Councell This place doth require a relation of the beginning of prohibiting bookes and with what progresse it was come to that state in which it then was and what new order was then taken In the Church of Martyrs there was no Ecclesiasticall prohibition though some godly men made conscience of A discourse of the Author concerning the prohibition of bookes reading bad bookes for feare of offending against one of the three poynts of the Law of God to auoyd the contagion of euill not to expose ones selfe to temptation without necessitie or profite and not to spend time vainely These Lawes beeing naturall doe remaine alwayes and should oblige vs to beware of reading bad bookes though there were no Ecclesiasticall law for it But these respects ceasing the example of Dionysius Bishop of Alexandria a famous Doctor did happen who about the yeere of our Lord 240. being reprehended by his Priests for these causes and troubled with these respects had a vision that hee should reade all bookes because hee was able to iudge of them Yet they thought there was greater danger in the bookes of the Gentiles then of the heretiques the reading whereof was more abhorred and reprehended because it was more vsed by Christian Doctors for a vanitie of learning eloquence For this cause S. Hierom either in a vision or in a sleepe was beaten by the Deuill so that about the yeere 400. a Councel in Carthage did forbid to reade the bookes of the Gentiles but allowed them to reade the bookes of the heretiques the Decree whereof is amongst the Canons collected by Gratian. And this was the first prohibition by way of Canon but there are others by counsell of the Fathers to bee regulated according to the Law of God before recited The bookes of heretiques containing doctrine condemned by Councels were often forbid by the Emperours for good gouernment So Constantine forbad the bookes of Arrius Arcadius those of the Eunomians and Maniches Theodosius those of Nestorius Martianus those of the Euticheans and in Spaine the King Ricaredus those of the Arrians It sufficed the Councels and Bishops to shew what bookes did containe damned or apocryphall doctrine So did Gelasius in the yeere 494. and went no further leauing it
so that open buying and selling was easily brought in which in the orientall Church could neuer be corrected though many Canons and censures were made against it Yet it was much diminished because God tooke from them by the rod of the Saracens a great part of their goods And in the West though it was much reprehended by good men yet it continued in some places more in some lesse vntill about the yeere 1000. the ordination was diuided from the collation of the Benefice for which cause that did beginne to passe for nothing and Simony did still continue in this and that more openly then before And this abuse did alwayes increase though vnder diuers names of Annates small seruices writing seale and other pretences which the Church still vseth with small hope that they can euer be taken away vntill CHRIST come againe with his whip ouerthrow the tables of the money changers and chase them out of the Temple But the ordination which being separated from the Benefice had the fortune to bee conferred freely did inioy it but a small time For the Bishops esteeming it vnprofitable and base and regarding more the other which yeelded fruit left off by little and little to administer the ordinations so that titular Bishops were instituted who performed the Pontificall Ecclesiasticall ministeries and the true Bishops busied themselues in the temporall onely Those hauing no reuenues were forced to maintaine themselues by the administration of those functions Whereupon hee that receiued Order was compelled to contribute first by the name of almes or offering afterwards to make it more honourable by the title of donatiue or present and proceeding further that it might not bee omitted as being a duetie it was couered with the name of reward not of the Ordayner but of his seruants or of the Notarie or of some other who serued him in the ordination Therefore in this Article it was proposed that the abuse occurring in the collation of Benefices should not bee spoken of as beeing an infirmitie not curable with any remedie but death Concerning which the Prelates were diuided not by opinions or affections but by qualitie of persons The rich Bishops condemned the receiuing of any thing either for themselues or their officers or Notaries as Simonicall and sacrilegious bringing the example of Iehesie seruant of the Prophet Elizeus and of Simon Magus and of the seuere commaundement of CHRIST Giue freely as you haue receiued They alleadged also many exaggerations out of the Fathers against this sinne saying that the names of a voluntary donatiue or almes are vaine colours repugnant to trueth because the gift is bestowed for the Order without which it would not haue beene giuen And if it bee an almes why is it giuen vpon that occasion onely let it be made at another time and Orders conferred without the interuention of any thing But the mischiefe is that if one should tell the Ordainer that hee gaue him an almes hee would hold it for an iniurie nor would receiue it at another time Therefore they ought not to beleeue that they could deceiue God and the world They concluded that an absolute Decree ought to bee made that nothing should bee giuen though willingly or vnder the name of almes nor receiued not onely by the Ordainer but also by any of his or by the Notarie vnder the name of writing seale paines or any other Pretence whatsoeuer But the poore Bishops and the Titular sayd to the contrary that as to giue order for a price was a wicked sacriledge so to take away almes so much commended by CHRIST did destroy charitie and wholly deforme the Church That there was the same reason absolutely for Ordinations which is for Confessions Communions Masses Burials and other Ecclesiasticall functions and therefore no cause why that should be forbidd in Ordination which is allowed in all these and the allegation that if it bee an Almes let it bee giuen at another time is of as much force in all the other functions The Church hath vsed from the beginning to receiue oblations and almes vpon these occasions which if they shall bee taken away the poore religious persons who liue of them will bee forced to take some other course the rich will not performe the offices as doeth and for the space of fiue hundred yeeres hath plainely appeared so that the exercise of Religion will bee lost and the people remaining without it will fall into impietie and diuers pernicious superstitions And if thousands of crownes are giuen without reprehension for the vestments which the Apostolike Sea giueth to the Metropolitans how can a small acknowledgement be reprehended which the Bishop receiueth from the inferiour Orders What reason is there that things of the same kinde should be ordered by contrary lawes That cannot be called an abuse which was instituted in the beginning And it remaineth still in the Pontificall that waxe candles are presented by those that are ordayned to the Bishop ordaining at the offering place in time of the Ordinations which be temporall things and if they bee great and well adorned may cost much It is not therefore so bad as it is painted out neither can the opposites game by the infamie of poore Bishops the name of reformers imitating the Pharisees in obseruing moathes and straining at gnats Some sayd also that it could not bee constituted as being contrary to the decree of Innocentius the third in the generall Councell where the vse of giuing and receiuing a temporall thing in the ministery of the Sacraments is not onely approoued but the Bishops are commanded to compell the people by censures and Ecclesiasticall punishments to obserue the custome giuing the title of laudable to those things which now some goe about to condemne as sacrilegious But Dinisius Bishop of Milopotamus made a long digression to shew how the faithfull would bee edified if the Sacraments were administred by the Clergie for pure charitie expecting no reward but from God onely Hee affirmed that necessaries were to bee allowed them and greater prouision also but that this was sufficiently and superaboundantly done by the assignation of Tithes because they not being the tenth part of the people doe receiue so great a portion besides other possessions which are double as much Therefore it is not iust to demand that which is already receiued an hundred folde and if the Bishops bee poore it is not because the Church is poore but because the riches are ill diuided With an euen distribution euery one might be fitted and that might be giuen without counter change for which more then the iust price hath beene already receiued Hee added that if this multitude of abuses could not bee taken away altogether it would bee good to beginne with that of Ordinations not restraining it to the onely action of conferring the Sacraments but extending it also to the precedent For it would be a great absurditie that one should pay too deere in the Chanceries of Bishoprickes for
dimisorie letters by which the Clerke hath leaue to finde out one that will ordaine him and in Rome to be ordained out of the times appointed and lay the reformation onely vpon the Bishops that doe ordaine This opinion was approoued by many in respect of the dimisories of Bishops but concerning the Facultie giuen at Rome the Cardinall Simoneta sayd that the Pope would prouide for it and that it was not a thing to be handled in Councell Concerning the reward of Notaries some thing was said For some esteeming it an office purely secular thought that their pay ought not to bee stopped Others held it for an Ecclesiastical office Antonius Augustinus Bishop of Lerida an antiquarie said that in the ancient Church the Ministers were ordained in presence of all the people so that there was no neede of letters Patents or testimoniall and after they had gained a title they did not change Diocesse and if for any cause they did make a iourney they had a letter from the Bishop then called Formata The vse of letters testimoniall began after that the people left to bee present at the Ordinations and the Clerkes began to bee vagabonds and being introduced in supplement of the presence of the people is to bee esteemed a temporall office but because it is applied to a spirituall matter it is to bee vsed with moderation Therefore his opinion was that some reward should bee allowed for them but moderated and limited That which was proposed in the fourth poynt belongeth onely to the Concerning distributions Collegiate Churches which hauing by their institution this function amongst others to assemble themselues in the Church to prayse God at the houres appointed by the Canons which therefore are called Canonicall rents were annexed to them for the maintenance of the Canons distributed amongst them in one of these foure manners For either they liued at a common table and charge as the Regulars or euery one had his portion of rents assigned to him which therefore was called a Prebend or the seruice being ended all was distributed amongst them either in meate or money Those that liued in common continued in that discipline but a small time but came to diuision either into Prebends or distributions to the Prebendaries excusing those from performing those diuine offices who by reason of infirmitie or some spirituall businesse could not bee present It was an eafie thing to find a pretence and begin an vse of being seldome in the Church and to enioy the Prebend notwithstanding But hee vnto whom the measure was distributed after the worke was done could not bee excused so that discipline and frequencie in the Offices remained longer in this second kinde then in the first For this cause the faithfull when they gaue or bequeathed any thing to the Churches ordained it should bee put in distributions and experience shewed that the greater the distributions were the better the Offices were performed and that the negligence of those who did not assist in the offices might bee redressed by taking part of the Prebends and making distributions thereof This was much commended by many of the Prelates thinking the worship of God would bee much inlarged heereby whereof there could no doubt bee made because it did appeare already by experience And this was all which was spoken for a ground of this opinion But Lucas Bisantius Bishop of Cataro a godly man but poore spake to the contrary that rather the Prebendaries should bee forced by censures and depriuations of part or of all the fruites and of the Prebends themselues but that the first forme should not bee altered For almost all these institutions being made by the last will of the faithfull they ought to bee obserued inuiolably and without alteration not onely vpon pretence of better but not for that which is truely and certainely better in regard it is not iust to meddle with that which belongeth to another because hee doeth not vse it well But which is of more importance to exercise a spirituall function for reward is vndoubted Simonie so that by driuing out one euil another would enter farre worse making negligent men to become Simoniacall The other part answered that the Councell had power to change last willes and for assisting at diuine Offices for gaine one must distinguish that the gaine is not the principall but the secondary cause and therefore there is no sinne in it for the Canons will goe to Church principally to serue God and secondarily for the distributions The others replyed that they saw not how the Councell had greater power ouer the goods of the dead then of the liuing which no man is so impertinent as to pretend and besides the doctrine is not so secure as it is affirmed that it is lawfull to serue God for gaine secondarily And if it were it is not a secondary but a principall cause which first mooueth and without which the worke would not bee done This opinion was not pleasing and raysed much murmuring in the Congregation For euery one beeing conscious to himselfe that hee receiued the title and charge onely in regard of the rents did thinke hee was condemned Therefore the Article had great applause that the Prebends should bee turned into distributions to incite men to serue God in the best manner they could These Articles hauing beene thus discussed Fathers were deputed to make Fathers are deputed to frame the Decrees the Decrees and it was proposed that in the next Congregations they should speake of sixe more leauing that of secret mariage for another Session The next day the Legates and Deputies met to collect the substance of the opinions of the Fathers and concerning the first Article of Residencie they dissented amongst themselues Simoneta fauoured the opinion The Legates dissent in opinion concerning Residence that it was de iure positiuo and sayd that the greater part euen those who held it was de iure diuino thought fitte that the question should bee omitted Mantua without manifesting his owne opinion sayd that the greater number did demand a declaration of it Of the other Legates Altemps followed Simoneta and the other two though with some caution adhered to Mantua And this difference did not pasle without some bitternesse though modestly expressed For this cause the Legates held a generall Congregation the 20. day in which the demand following was read out of a paper that is Because many Fathers haue sayd that residence is de iure diuino some haue sayd nothing and others spoken against the making of the declaration to the end that those who are deputed to make the Decrees may make them quickely easily and securely your Lordships may bee pleased to deliuer your opinions onely with the word placet whether you approoue or disprooue the declaration that residencie is de iure diuino because according to the custome of this holy Synod the Decree shall bee made as the greater number shall giue their voyces which because they
would inferre the word Publique for a necessary condition doeth inferre that the consent only is not sufficient and that the Councell of Florence hath failed in a necessary declaration That CHRIST sayd in generall of Matrimonie that man cannot separate that which GOD hath ioyned meaning both the publique and the secret coniunction That in the Sacraments nothing ought to be affirmed without authoritie of the Scriptures or tradition neither of which doe allow this authoritie to the Church yea by tradition wee finde the contrary because all Churches in all nations throughout the world are vniforme in not pretending any power herein On the contrary it was said to be a cleere case that the Church hath power to make any man vncapable of marriage because many degrees of consanguinitie and affinitie are made hinderances by the Ecclesiasticall law onely and likewise the impediment of a solemne vow was made by the Popes law and therefore secrecie may bee likewise made an impediment by the same authoritie The other part answered that the prohibition by reason of kinred is de iure diuino as Saint Gregory the Pope and many of his successors haue determined that matrimonie cannot be contracted betweene two vntill it bee knowen in what degree of kinred they are ioyned and if other Popes haue restrained this vniuersalitie to the seuenth degree afterwards to the fourth this was a generall dispensation as Diuorce was to the Iewes and that a solemne vow doeth hinder de iure diuino not by the Popes authoritie But Camillus Campeggius a Dominican Friar agreeing with the others that no humane power is extended to the Sacraments added that whosoeuer can destroy the essence of the matter can also make it vncapable of the Sacrament that no man can make water not to be the matter of Baptisme or some bread of wheat not to bee the matter of the Eucharist but hee that shall destroy the water turning it into ayre or shall burne the bread turning it into ashes shall make those matters not to bee capable of the forme of the Sacraments So in Matrimony the ciuill nuptiall contract is the matter of the matrimoniall Sacrament by Diuine institution which beeing destroyed and made of no force can no more bee the matter of it Therefore it cannot bee said that the Church can make a nullity in the secret marriage for so it would haue authority ouer the Sacraments but it is true that the Church can nullifie a secret nuptiall contract which as beeing voyd cannot receiue the forme of a Sacrament This doctrine did much please the generality of the Fathers because it was plaine easie and resolued all the difficulties But Antonius Solisius who spake after him did contradict saying the speculation was true but could not bee applied to this purpose For the reason as it is meant of Baptisme and the Eucharist that whosoeuer doeth destroy the water and the bread doeth make them vncapable of the formes of those Sacraments doeth not argue an Ecclesiasticall power but a naturall so that whosoeuer hath vertue to destroy the water may by this meanes hinder the Sacrament whereby it would follow that hee that can nullifie a ciuill nuptiall contract may hinder Matrimonie but the annullation of such contracts belongeth to the ciuill Lawes and to secular Magistrates therefore they must take heede lest while they would giue authoritie to the Church to make voyd secret marriages it bee not rather giuen to the secular power Amongst those who attributed this power to the Church it was disputed whether it were fit that the Church should vse it And there were two opinions One to make voyd all the secret in regard of the inconueniences which ensue The other that the publique made without consent of parents in whose power they are should be made voyd also And these alleadged two reasons one that as great inconueniences did follow by these in respect of the ruines which happen to families by mariages vnaduisedly contracted by yong men the other that the Law of GOD commanding obedience to parents doeth include this case as principall That the Law of GOD doeth giue this particular authoritie to the Father to giue his daughter in marriage as it plainely appeareth in Saint Paul and Exodus That there are examples of the Patriarches in the olde Testament all married by their fathers That the humane ciuill Lawes haue esteemed the marriages voide which haue beene contracted without the father That as then it was iudged expedient to nullifie secret marriages so now seeing that the Popes prohibition is not sufficient which hath forbidden them without addition of nullitie there is more reason in regard the malice of man will not obey the Law of GOD which forbiddeth to marry without consent of parents that the Synode should adde vnto it a nullity also not because the Fathers haue authoritie to make voyde the marriages of children which is heresie to affirme but because the Church hath authoritie to nullifie both these and other contracts prohibited by diuine or humane Lawes This opinion as honest pious and as well grounded as the other pleased many of the Fathers And so was the Decree framed howsoeuer the publication was omitted for causes which shall be related hereafter But the Prelates did not for beare to discusse the controuersies about the Popes authoritie and institution of Bishops And the Frenchmen did perseuere in their resolution not to admit the words Church-Vniuersall lest they should preiudice the opinion held in France of the superioritie of the Councell and if it had beene proposed would haue made protestation of the nullitie and departed The Pope wrote it should bee proposed whatsoeuer did The Legates dare not propose the Article of the institution of Bishops follow But the Legats fearing that euery little stirre would be much out of season now the Emperour was so neere wrote backe that it was better to deferre it vntill the Article of Matrimony was finished The seuenteenth of February Father Soto was the first that spake in the second ranke who vpon the Article of Diuorce did first distinguish the matrimoniall coniunction into three parts the bond the cohabitation and the carnall copulation inferring that there were as many separations also He shewed at large that the Ecclesiasticall Prelate had authoritie to separate the married or to giue them a diuorce in respect of cohabitation and carnall copulation for all causes which they shall iudge expedient and reasonable the matrimoniall bond still standing sure so that neither can marrie againe saying that this was it which was bound by GOD and could not bee loosed by any He was much troubled with the words of Saint Paul who granteth to the faithfull husband if the vnbeleeuing wife will not dwell with him to remaine separated Hee was not contented with the common exposition that the Matrimonie of the vnbeleeuers is not insoluble alleadging that the insolubilitie is by the law of Nature as also the words of Adam expounded by our
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
the Princes who seemed to desire reformation did oppose that decree which did restore vnto them their liberty and iurisdiction necessarie for it The Legates excused themselues and said they must needs giue some satisfaction to the Prelates that the Ambassadours had had time to alleadge their grieuances and to handle the cause with reason and that it was too much violence to oppose onely de facto and to shew that the Councell is onely for reformation of the Clergie and not of the whole Church Newes came at the same time that the Emperour was very sicke and his The Emperors sicknesse troubleth the Fathers Ambassadours said that in case hee should die the Councell would not be secure because the safeduct would bee ended The Legates sent presently to the Pope for order what to doe and the Prelates began to thinke more of paâ—ting from Trent then reforming Princes Therefore a Congregation was holde the seuenth of October to resolue what should bee done with the other Articles of Reformation besides the one and twentie and especially with that which concerneth Princes In which after long discussion it was concluded that the Session should be celebrated with the matter of Matrimonie and the 21. Articles of reformation and that of the Princes should bee deferred The next day the French Ambassadors parted from Trent to Venice according to the Kings order The Pope though well satisfied of Loraine and of the French-men his dependants yet prouoked against that faction from which hee thought the The French Ambassadors goe to Venice motiue of the protestation made in Councell came hee resumed his determination made at the time of the Edict of pacification with the Hugonots to proceede in Trent against the Queene of Nauarre which hee had put off foreseeing that the Emperors Ambassadors would oppose as they did when mention was made of proceeding against the Queene of England resolued to 〈◊〉 it in execution in Rome And the thirteenth of the moneth hee caused The proceeding against fiue Bishops of France and of the Queen of Nauarre a sentence to be published against the fiue French Bishops formerly cited as hath been sayd and a Citation to bee affixed to the gates of Saint Peters Church and in other publique places against Iohan Queene of Nauarre the widow of Antonie that within the terme of sixe moneths shee should appeare to defend her selfe and to shew reasons why she should not bee depriued of all her Dignities States and Dominions and the marriage betweene Antonie of Vandome and her made voyd and the issue illegitimate and that she had not incurred other penalties declared by the Canons against heretiqdes The Cardinall of Loraine before the Pope came to those sentences and processe vsed perswasions to him and put him in minde that the maximes held in France did much differ from those of Rome For it would bee ill taken in that kingdome that the causes of BB. in the first instance should bee iudged in Rome and that the Citation against the Queen as well for the same cause as in regard it was with temporall punishments would giue matter of talke and bad satisfaction to many But those perswasions being vnderstood by the Pope as they were made brought forth no other fruit but that which the Cardinall did secretly desire For the conference which the Queene Mother so much desired by euery Currier that came from her new instance was made to the Pope But newes came from the Emperours Court that hee would not hearken vnto it and out of Spaine though complementall words of the Kings desire to haue it effected yet a resolution that the times and coniunctures did not comport it The Cardinall of Loraine was of opinion that howsoeuer there was no hope yet the Pope should not forbeare to send expresse Nuncij for this purpose as beeing an office whereon many other negotiations for the seruice of the Apostolique Sea might depend and in particular to remooue impediments of the conclusion of the Councell in case any should arise Whereupon Visconte was dispatched into Spaine and Santa Croce into Germanie in shew to treat of this conference but indeede with other particular instructions In Trent the Legates being not willing to giue occasion of any difficultie while the Session was expected did propose Indulgences Purgatory worshipping of Saints and images not to publish the Decrees in the next Session but in the other following adding the manner how the Diuines ought to handle those matters that is to giue their opinion in writing only coÌ„cerning the vse of them and not to speake of the other Articles and giuing order to the fathers to deliuer their voyces in short termes protesting that whosoeuer would delate besides the point should be interrupted Notwithstanding the Diuines made long writings and so diuers that the Fathers knew not what to resolue in that doctrine For the reformation howsoeuer twentie Articles were concluded and the one and twentieth treated on with the Count of Luna the Spanish Prelates complained that the Article of the exemption of Chapters and the last of the first instances and appeales were altered from that which was noted by the Prelats Whereat the Legats and Deputies for making the Decrees disdaining answered that either they should iustifie what they saide or holde their peace And some words of distast passing the Count of Luna appeared in their fauour demanding that the oppositions made by his Prelates against those two Articles might bee considered on Afterwards he desired that in the first Article in which the criminall causes of Bishops were reserued to the Pope a declaration should be made that no preiudice should bee done to the inquisition of Spaine which request the Ambassador of Portugal had first made for his kingdome And the Legates answering that those matters were already decided the Count replyed that if they should be proposed so he would not go into the SessioÌ„ nor suffer any of his Prelats to enter Whereupon Cardinal Morone said that if they would not go into the Session it should be done without them The Count ascribing this rigiditie of the Legats to the Proctor of the Chapters of Spaine he commanded him to depart immediatly from Trent which displeased the Legats But that nothing might hinder the Session the time whereof did draw nigh to please the Ambassador in the Article of the causes of Bishops they caused kingdoms where the Inquisition was to bee excepted For that of the first instances because they would wholly take from the Pope all authoritie to make commissions in Rome the Legats thought it too hard The sixt also did import very much For the Chapters of Spaine are a very principall member and doe more depend on the Apostolike Sea them Bishops doe because these are all by the nomination of Kings whereas more then halfe of the Canonries are of the Popes pure collation Therefore they resolued to deferre this matter vntill the next Session rather then to preiudice the
Kings Chaplaines according to the constitutions of Innocentius the 3. And exemptions granted to the seruants of Cardinals shall not be extended to that which concerneth benefices 12. That no person vnder the age of twenty fiue yeeres shall be promoted to dignities with cure and the Arch-deacons if it may be shall be Masters in Theologie or Doctors or Licentiate in the Canon Law And none vnder the age of two and twenty yeeres shall be promoted to any dignitie without cure Those that are promoted to Benefices with Cure shall bee bound to make profession of their faith with in two moneths and Canons shall doe the same And none shall be receiued to any dignitie Canonry or portion except he shall haue that order which it doth require and that age which is necessary for the receiuing of it That in Cathedrall Churches all the Canons and Portionaries shall be Priests Deacons or Subdeacons and the Bishop with the Chapter shall distribute how many shall bee of euery order but so as that one halfe at the least shall bee Priests The Synod doth exhort also that all the dignities and halfe the Canonries in the Cathedrall and famous Collegiat Churches may bee conferred vpon Doctors in Diuinitie or in the Canon Law and that none may bee absent more then three moneths in the yeere That the daily distributions may not be giuen vpon any pretence whatsoeuer to any that hath not beene present in the offices and that euery one shall performe his office in his owne person not by substitutes 13. There being many poore Cathedrall Churches a remedy shall bee consulted on in the Prouinciall Councell and the Pope desired to make prouision according to his wisedome The Bishop also shall haue care to prouide for poore Parish Churches either by vnion of some Benefice not regular or by assignation of first fruits or tithes or by contributions and collections of the Parishioners Parish Churches shall not be vnited to Monasteries Canonries simple benefices and religious orders of Souldiers and those that are vnited shall bee reviewed by the Ordinaries and the Cathedrall Churches not exceeding a thousand crownes and the Parish Churches not exceeding an hundred crownes shall not be hereafter burthened with pensions or reseruations of fruits Where the Parishes haue no certaine confines but the Sacraments are administred indifferently to those that doe demaund them the Bishop shall confine them and they shall haue their proper Parish 〈…〉 est And in Cities which haue no Parishes they shall bee erected as fast as may bee 14. The Synod doth detest and forbid all institutions or customes of paying any thing for the obtaining of titles or possessions except it be conuerted into pious vses declaring them to be simoniacall who shall vsurpe herein 15. In Cathedrall and Collegiate Churches where the Prebends and distributions are too smal the Bishop shal haue power to vnite simple Benefices or to reduce them to a smaller number 16. The Episcopall Sea being voyd the Chapter shall elect one or two Economickes or a Vicar within eight dayes or if not this authoritie shall be deuolued to the Metropolitane And the Bishop when he shall bee created shall take of them an account of the administration and punish them if they haue offended 17. That no Ecclesiasticall person though a Cardinall shall haue more then one Benefice which not being able to maintaine him honestly another simple Benefice may bee added so that they doe not both require personall residence which shall be vnderstood of all Benefices as well secular as regular of what title or qualitie soeuer though commended And hee that hath now more Benefices then one shall bee bound to leaue all but one within sixe moneths or if not they shall be all voyd Notwithstanding the Synod doeth desire that some prouision should bee made for those that resigne in some conuenient manner as shall seeme best to the Pope 18. In case of vacancie of any Church in any manner whatsoeuer all shall be written downe that are proposed or doe propose themselues and shall bee all examined by the Bishop with three examiners at the least and amongst all those which shall bee iudged fit the Bishop shall elect the most sufficient vpon whom the collation of the Church shall be made and in Ecclesiasticall patronages the Patron shall present to the Bishop him that is most worthy But in Lacke patronages he that is presented by the Patrons shall be examined by the examiners and not admitted except he be found to be fit And 〈◊〉 Examiners shall bee proposed euery yeere in the Diocesan Synod of which the Bishop shall elect three who shall bee Masters or Doctours Secularor Regular shall sweare to performe their duety and shall not receiue anything either before or after the examination That expectatiue graces for Benefices shall not bee granted hereafter nor any other extending to Benefices that shall bee vacant and withall the mentall reseruations shall be prohibited 19. That causes Ecclesiasticall euen beneficiall also shall bee iudged by the Ordinarie in the first instance and ended within two yeeres at the most That there shall be no appeale but from the definitiue sentence or from that which shall haue the force thereof except in those which the Pope shall thinke fit to call to himselfe for an vrgent and reasonable occasio 〈…〉 That matrimoniall and criminall causes shall bee reserued to the Bishop onely That in matrimoniall those that are prooued to be poore shall not bee forced to litigate out of the Prouince neither in the second or third instance except the aduerse part will allow food and charges of the suit That the Legats Nuncij and Ecclesiasticall gouernours shall not hinder Bishops in their causes nor proceed against Ecclesiasticall persons but in case of the Bishops negligence That the Appellant shall be bound to bring at his charge the actes made before the Bishop to the Iudge of the appeale which the Notarie being conueniently payed shall be bound to giue within one moneth at the farthest 20. That in the words of the decree made in the first Session vnder the present Pope Pius the fourth that is Proponentibus Legatis the meaning of the Synod was not to change in any part the vsuall manner of handling matters in generall Councels nor to adde or detract any thing besides that which hath beene constituted heretofore by the sacred Canons and by the generall Synods In the end the next Session was intimated for the ninth of December with power of anticipation to handle the sixt Article and the other which were proposed and deferred and other points also as opportunitie should serue and as they should be proposed in Congregation There was not such expectation of the issue of this Session as of the last as well because the generall curiositie was then satisfied as because it did seeme that the matter of Matrimonie could not affoord any thing of any great obseruation The world was more attentiue to see what issue the
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
Some defended the words of the Decree that they were dispencers alleadging the place in the Gospell of the faithfull seruant and the Doctrine of all the holy Fathers But the precipitation to finish the Councell caused those words that is of which they are appointed faithfull dispencers for the poore to be omitted as also other difficulties to be passed ouer in silence In the Article of Patronages the Ambassadours of Sauoy and Florence made request that those of the Princes might bee accepted also or that all might be comprehended but those of the Emperour and Kings Satisfaction was giuen them by accepting besides the Emperour Kings or Possessors of Kingdomes other great and supreame Princes who haue soueraignety in A dispute whether the Decrees made vnder Paul Iulius should be read their dominions Afterwards a proposition was made for the reading in Session of all the Decrees made vnder Paul and Iulius to bee approoued which Modena opposed saying that it would bee a derogation to the authoritie of the Councell of those times if it should seeme that the things then done had need of a new confirmation of the Fathers and would shew that this and that was not all one because none can confirme his owne things Others sayd it was necessarie to doe it for that cause that authoritie might not bee taken from them saying that they were not of the same Councell And the same French-men who before did so earnestly desire that it might be declared that the Councell was new and not continuated with that vnder Paul and Iulius did now labour more then others that all cause of doubting might be taken away that all the acts from the yere 1545. vntill the ende were not of the same Synode Thus it happeneth as in humane affaires so in religion also that one credulity is changed with his interests Therefore now all aiming at one marke it was determined simply to read them and say no more For so the vnitie of the Councell was most plainely declared and all difficulty remooued which the word confirmation might bring leauing euery one to thinke what he listed whether the reading of them did cousequently import a confirmation or a declaration of their validity or an inference that it was one Synode which made them with that which read them Finally a proposition was made to anticipate the Session and to celebrate The Session is anticipated it the next day and if all the actions could not then be dispatched to continue it the day following and to dismisse the Fathers and subscribe all the acts of the Councell on Sunday The Spanish Bishops opposed this saying that there was no necessity to abbreuiate the time Notwithstanding Card. Morone sayd that the Session should bee held And Loraine and the Emperors Ambassadors renewed their perswasions to the Count of Luna that he would yeeld to that which is so vniformely resolued Who in the end after many things spoken and replyed was content vpon two conditions one that a decree might be made that the Pope should make prouision for all things that remaine another that in the handling of Indulgences it should not bee said that they ought to bee giuen graâ—ts nor any other thing that might preiudice the Crusadoes of paine That day therefore being come which was Friday the third of December they wentto the Church with the vsuall Ceremonies and the Masse was said in which Ierolamus Ragazzone Bishop of Nazianzo made the Sermon And held the 3. December Hee summoned all the world to admire that most happie day in which the The Sermon temple of God was restored and the ship brought into the hauen after so many tempests and stormes and that the ioy had beene greater if the Protestants would haue had their part in it which was not the Fathers fault He said they had chosen that citie for the councell scituated in the mouth of Germanie euen at the threshold of their houses without any gard not to giue suspition of want of libertie that the Protestants had beene inuited by a Safe-conduct expected and prayed that for the safetie of their soules the Catholike faith was expounded and the Ecclesiasticall discipline restored He shewed the abuses taken away in holy Rites He said that if there had beene no other cause to call a Councell it had beene necessary to doe it for the prohibition of Clandestine mariages And passing to the things constituted for reformation he shewed from step to step the publike seruice the Church would receiue by those decrees Hee added that the explication of faith with the reformation of manners had beene handled in former Councels but not more diligently in any that the arguments and reasons of the heretikes had been often handled and discussed and many times with great contention not because there was any discord amongst the Fathers which cannot bee amongst those who are of the same opinion but to proceed with sinceritie and so to cleere the trueth as that more could not haue beene done if the heretikes had beene present He exhorted all that being returned to their Diocesses they would put the Decrees in execution as also to thanke God first and then the Pope shewing what hee hath done to fauour the Councell sending Nuncij into the Protestant Countries Legates to Trent exciting Princes to send Ambassadours sparing no cost to maintaine the Councell in libertie He commended the Legates as being good guides and moderators and in particular Cardinall Morone and concluded with the commendation of the Fathers After the ceremonies were ended the Decrees were read In the doctrine The Decrees of Purgatorie it was said that the Catholike Church hath taught out Of Purgatory of the Scripture traditions and in this same Synode that there is Purgatorie and that the soules detained in it are assisted by the suffrages of the faithfull and the sacrifice of the Masse Therefore it doth command Bishops to teach sound doctrine in this matter and cause it to bee preached without handling subtile questions before the ignorant people not suffering vncertaine and vnlikely things to be published prohibiting curiosities superstition and vnhonest gaine procuring that those suffrages bee fully executed which are vsually made for the dead by the liuing as also that the things ordained in last wils or in any other manner be fully performed In matter of the Saints it doth command Bishops and all others who haue Of Saints the charge of teaching that they instruct the people concerning the intercession and inuocation of them honour of relikes lawfull vse of Images according to the ancient doctrine of the Church consent of Fathers and Decrees of Councels teaching that the Saints doe pray for men that it is profitable to inuocate them and to haue recourse to their prayers and assistance Afterwards all in one periode it doeth condemne seuen asseâ—tions in this matter That the Saints of Heauen ought not to bee inuocated That they doe not pray for men That it
a nullitie in the profession shall not bee heard after fiue yeeres from the first day thereof and shall alleadge the cause before the Superiour and Ordinarie before hee depose the habit and none shall goe to a more large religion nor haue leaue to weare the habit secretly 20. The Abbats and Heads of the Orders shall visit the Monasteries subiect vnto them though but by Commenda and the Commendataries shall be bound to execute the Ordinations and in those Priors and Superiours who haue spirituall gouernement shall bee created by the Chapters or visiters of the Orders 21. That the Synode doeth desire to restore discipline in all Monasteries but seeth it is impossible in regard of the stiffenecked and difficult age yet they will not omit to vse meanes that hereafter prouision may bee made therein and doe hope that his Holinesse as farre as hee shall see the times will comport will prouide that a Regular professed person shall bee made gouernour of Monasteries commended and those that shall bee vacant hereafter shall not bee conferred but vpon Regulars and those who haue Monasteries in Commenda and are Heads of Orders if prouision bee not made within sixe moneths of a Regular successor they shall make prouision or quit the place otherwise the Commendaes shall bee vacant And in the prouision of Monasteries the qualitie of euery one shall bee expressed by name otherwise the prouision shall bee accounted surreptitious 22. That it shall bee vnderstood that all Regulars are subiect to these Decrees notwithstanding any priuiledge though by foundation commanding Bishops and Abbats to execute them immediatly and praying and commanding Princes and Magistrates to assist them as often as they shall be required The reading of the generall reformation did presently follow which The generall reformation after an exhortation to Bishops for exemplary life modestie in apparell and food and frugality doth forbid 1. That they shall giue to their kinred or any of their family any part of the reuenues of the Church except they bee poore extending the same to all beneficed persons secular or regular and also vnto Cardinals 2. That the Bishops shall in the first Prouinciall Councell receiue the Decrees of this Synod of Trent promise obedience to the Pope Anathematize the heresies condemned and euery Bishop promoted hereafter shall doe the same in the first Synod and all beneficed men who are to assist in the Diocesan Synode shall doe the same therein Those who haue the care of Vniuersities and studies generab shall endeauour to make the Decrees to be receiued in them and the Doctours to teach the Catholique faith in conformitie of them and shall take a solemne oath herein euery yeere And for those which are immediatly subiect to the Pope his Holinesse will haue care that they be reformed in the same manner by his Delegats or as hee shall thinke fit 3. That howsoeuer the sword of excommunication is the sinew of Ecclesiasticall discipline profitable to keepe men in obedience it is to be vsed with sobriety and circumspection hauing found by experience that it is more contemned then feared when it is denounced rashly for a small cause Therefore it shall not be denounced by any but by the Bishop for things lost or stollen who shall not grant it at the perswasion of any secular authority whatsoeuer though a Magistrate And in iudiciall causes in which a reall or personall execution may bee made they shall abstaine from censures and in ciuill belonging in what manner soeuer to the Ecclesiasticall Court they may vse pecuniary punishments or proceed by distraining of goods or imprisonment of the parties themselues with their executors or others and in case they be not able to execute really or personally they may proceed to excommunication And the same shall be obserued in criminall causes The secular Magistrate shall not prohibite the Ecclesiasticall to excommunicate or reuoke excommunication vpon pretence that the Decree hath not beene obserued The person excommunicated shall not onely not be receiued to participate with the faithfull but if he perseuere in the censures he may be proceeded against as suspected of heresie 4. It doth giue power to the Bishops in the Diocesan Synods and to the Heads of the Orders in the generall Chapters to ordaine for their Churches that which shall bee for the honor of God and benefite of them when there shall be an obligation to celebrate so many Masses by testamentarie legacies that they cannot bee performed or that the almes is so small that none can bee found to performe the charge but with condition that memory be alwaies made of those parties deceased who haue left the legacies 5. That in the collation or any other disposition of Benefices no derogation bee made to the qualities conditions and charges required or imposed in the erection or foundation or by any other constitution otherwise the prouision shall bee accounted surreptitious 6. When the Bishop not in time of visitation doth proceed against the Canons the Chapter shall elect two in the beginning of euery yeere by whose councell and consent the Bishop shall proceed in all the acts and the voyces of both shall bee as one and in case they both dissent from the Bishop a third shall bee elected by them who shall determine the controuersie and if they cannot agree the third man shall bee elected by the next Bishop But in causes of concubinaries or other more hainous the Bishop may receiue information alone proceed to retention and for the residue shall obserue what is ordained The Bishop shall haue the first seate in the quire Chapter or other publique places and shall choose his place The Bishop shall preside in the Chapter except in cases belonging to him or his which authority shall not bee communicated to his vicar and those who are not of the Chapter shall in causes Ecclesiasticall be all subiect to the Bishop and where Bishops haue more iurisdiction then the aforesaid the Decree shall not haue place 7. Heereafter no regresse or accesse to any Ecclesiasticall benefice shall bee granted and those which be granted already shall neither bee extended nor transferred and herein the Cardinals shall be comprehended also Coadiutors with future succession shall not be made in any Ecclesiasticall benefices whatsoeuer and if in Cathedrall Churches or Monasteries it shall be necessary to doe it the cause shall first be knowen by the Pope and the due qualities shall concurre 8. All beneficed men shall vse as much hospitality as their reuenue will giue them leaue and it doth command those who haue the gouernement of Hospitals vnder what title soeuer to exercise it as they are bound by the reuenues deputed hereunto and if persons of that sort as the institution doth require be not found in the place the reuenues shall be conuerted to a pious vse as neere as can be to that as shall seeme good to the Bishop with two of the Chapter And those who will not giue
satisfaction in this charge of hospitality may be compelled though they be Laikes by censures and other remedies to performe their duety and shall be bound to the restitution of fruits in court of conscience and such gouernements shall not begiuen hereafter to any for longer time then three yeeres 9. The title of Patronage shall be shewed to be authenticall by foundation or donation or by presentations multiplied time out of mind or by some other lawfull manner But in persons and communities in whom vsurpation is vsually presumed the proofe shall be more exact and time immemoriall shall not suffice except presentations of fiftie yeeres at the lest bee authentically shewed and that they haue all taken effect Other sorts of Patronages shall be vnderstood to be abrogated except those of the Emperour Kings possessours of Kingdomes and supreme Princes and of generall studies The Bishop may refuse to admit those that are presented by the Patrons if they be not fit and the Patrons shall not meddle with the fruits neither shall the right of Patronage be transferred against the canonicall ordinations and the vnions of simple benefices to those which haue right of patronage if they haue not really taken effect shall wholly cease and the benefices shall be reduced to liberty and those that haue beene made within fourtie yeeres though they haue beene executed shall be reuiewed by the Bishops and if any defect be found shall be made void and likewise all Patronages shall bee reuiewed made within fourty yeeres for augmentation of dowrie of the Church or for building it anew and if they shall not bee found to bee for the euident vtility of the benefice they shall bee reuoked and that shall bee restored to the Patrons which is due vnto them 10. That in Prouinciall Councels or Diocesan foure persons at the least shall bee elected endowed with fit qualities to whom Ecclesiasticall causes shall bee committed which are to bee delegated by the Legates Nuncij or Apostolique Sea and all other delegations shall bee thought to bee surreptitious 11. Money shall not bee receiued before hand for Ecclesiasticall goods in preiudice of the successours nor Ecclesiasticall iurisdictions rented out neither shall the Farmours of them haue power to exercise them and the farming of Ecclesiasticall things though confirmed by the Pope done within thirtie yeares for a long time that is for twenty nine or more yeares ought to be iudged by the Prouinciall Synod to haue bin done with dammage of the Church 12. Those who are bound to pay tenthes shall pay them hereafter to whom they are intirely obliged and he that with holdeth them ought to bee communicated and not to be absolued before restitution And it exhorteth all to whom God hath giuen wealth to impart some of it to Bishops and Priests who haue poore Churches 13. Whereas the fourth of the funerals was vsually paid vntill within these forty yeeres vnto the Episcopall or Parish Church and was afterwards graunted to pious places it shall bee restored to them againe 14 It doeth forbid all Clearkes to keepe Concubines or any suspected women at home or abroad which if they forbeare not to doe after admonition they shall bee depriued of the third part of their Ecclesiasticall rents of all after the second admonition and suspended also from administration of the Sacraments and in case they perseuere they shall be depriued of all Benefices and made vncapable of any other vntill they shall bee dispensed with and if after they haue forsaken them they shall returne they shall bee excommunicated also and the cognition of these causes shall belong onely to Bishops summarily But Clearkes not beneficed shall bee punished with imprisonment suspension or inhabilitie And if the Bishops themselues shall fall into the like errour and not amend after admonition giuen by the Prouinciall Synod they shall bee susspended and if they perseuere they shall bee delated to the Pope 15 The sonnes of Clearkes not borne of lawfull matrimony shall not haue any Benefice or ministery in Churches where their fathers haue or haue had a Benefice nor haue any Pensions in Benefices which the fathers either haue now or haue had and if at any time the father and sonne shall bee beneficed in the same Church the sonne shall bee bound to resigne within three moneths prohibiting also resignations which the father shall make to another that hee may resigne his owne to his sonne 16. Benefices with cure shall not bee conuerted into simple Benefices and in those which are conuerted already if the perpetuall Vicar hath not a conuenient rouenue it shall bee assigned to him at the pleasure of the Bishop 17. Whereas some Bishops carry themselues basely towards the Ministers of Kings men of preheminence and Barons as well in the Church as without and not onely giue them place with too much indignity but serue them in person the Synod detesting this and reuiuing the Canons concerning the Decorum of Episcopall dignitie doeth commaund Bishops to forbeare this and regard their Decree both in Church and without remembring they are Pastors and also commaundeth Princes and others to giue them honour and reuerence due to fathers 18. The Canons shall be obserued indistinctly by all and shall not bee dispenced but for a cause heard with maturity and without cost 19. The Emperour Kings and Princes who shall grant duell betweene Christians shall be excommunicated and depriued of the dominion of the place in which the duell is committed if they hold it from the Church and the Combattants and Iudges of the combat shall bee excommunicated haue their goods confiscated and be perpetually infamous and if they die in the duell they shall not bee buried in any sacred place and those who giue them counsell either in iure or in facto or perswade them to the duell and the lookers on shall bee excommunicated 20. In The reformation of Princes the end the Article of Ecclesiasticall libertie or reformation of Princes which had beene so much examined was read In it the Synod doeth admonish secular Princes hoping they will grant to the Church the restitution of her rights reduce their Subiects to reuerence the Cleargie and not permit their officers and inferiour Magistrates to violate the immunitie of the Church and Ecclesiasticall persons but that together with themselues the Princes they will be obedient to the constitutions of the Pope and of Councels determining that all constitutions of generall Councels of the Apostolike Sea in fauour of Ecclesiasticall persons and libertie shall bee obserued by all admonishing the Emperour Kings Republiques Princes and all to reuerence the things that belong to Ecclesiasticall right and not to suffer them to be violated by inferiour Lords their Magistrates or Ministers that the Clerkes may reside and performe their dutie without impediment and with edification of the people After this a Decree was read neuer mentioned A Decree concerning the Apostolike Sea neuer mentioned before in any Congregation by which
prooued For Churches haue no temporall goods but granted by the seculars who can not bee presumed to grant them so as that they may bee managed and dissipated at the pleasure of the Ecclesiastiques by which meanes it ought to bee presupposed that euery benefice had a Patrone from the beginning of it except an absolute donation with a totall cession of the patronage can be shewed And as the Common-wealth or Prince doth succeed him that hath no heire so all benefices the Patronage of which doeth not belong to any ought to bee vnder the publique patronage Some mocked that forme of speech that benefices which had Patrons were in seruitude and the others free as if it were not plaine seruitude to bee vnder the disposition of the Court of Rome which doth manage them contrary to the institution and foundation whereas the seculars doe preserue them Besides the censure of some decrees for this cause they added that others were against the customes and immunities of the French Church as the reseruation of great criminall causes against Bishops to the cognition of the Pope alone taking away the power of Prouinciall and Nationall Councels which haue alwaies adiudged them in all cases and burthening the Bishops by forcing them to litigate out of the Kingdome contrary not onely to the custome of France but to the Canons of ancient Councels also which haue determined that such causes should bee iudged and ended in their proper Countries They saide it was against iustice and the vse of France that benefices should bee clogged with Pensions and Reseruations of Fruits as was obliquely determined Likewise that it was not tolerable that causes of the first instance should be taken out of the Kingdome by the Pope because it taketh away a very ancient vse confirmed by many constitutions of Kings Neither could it bee iustified by the exception of vrgent or reasonable cause experience of all times hauing shewed that all causes may bee taken out of the Kingdome by this pretence For hee that would dispute whether the cause were vrgent or reasonable doeth enter into a double charge and difficulty because not onely the principall cause but that Article also must be discussed in Rome They did by no meanes approoue that the possessing of immoueables should bee granted to begging Friars and sayd that they hauing been receiued into France with that institution it was iust that they should bee maintained in the same state that this was a perperuail Artifice of the Court of Rome to take goods out of the hands of seculars and to draw them into the Clergie and afterwards to Rome that the Munkes did first gaine credit by pretence of the vow of pouerty as if they aimed at no temporall thing but did all in charity for the good of the people afterwards hauing gained reputation the Court do the dispence with them for their vow by which meanes the Monasteries being made rich are giuen in Commenda and finally all commeth to the Court. To this they added an exhortation in the twelfth article made to all the faithfull to giue largely to Bishops and Priests which had beene good in case they did serue the people as they ought and were in need For so Paul doth exhort that hee that is instructed in matters of faith should giue some part of his goods to him that doth instruct him But when hee that beareth the name of a Pastor doth intend rather any other thing then to instruct the people the exhortation is not fit and the rather because Ecclesiasticall goods formerly were for maintaining the poore and redeeming slaues for which cause not the immoueables only but euen the very ornaments of the Church and holy vessels were sold But in these last times it is prohibited to doe it without the Pope which hath enriched â—he Clergie exceeding much In the Mosaicall law God gaue the tenth to the Leuites who were the thirteenth part of the people prohibiting that any more should be giuen vnto them but the Clergie now which is not the fiftieth part hath gotten already not a tenth onely but a fourth part and doth still proceed and gaine vsing also many Artifices therein They said that Moses hauing inuited the people to offer for the fabrique of the Tabernacle when as much was offered as did fuffice did forbid them in the name of God to offer any more but here no end will bee found vntill they haue gotten all if men will continue in the lethargie If some Priests and religious persons bee poore it is because others are excessiuely rich and an equall diuision would make them all rich abundantly But to omit these so euident considerations if they did exhort the people to assist the poore Bishops and Priests in their necessities it would bee tolerable but to say they should bee assisted to maintaine their dignitie which is their pride and luxurie doth signifie nothing but that they are quite without shame It is true that in exchange another Decree was made in the eighteenth Article infauour of the people that dispensations should be giuen graâ—is which beeing commanded by CHRIST and not obserued there was no hope that this Decree would doe any more good These things being obiected to the Cardinall of Loraine that hee had authorized them against the expresse commandement of the King in his letters of the twentie eighth of August before mentioned hee defended himselfe in one word onely that in the Congregation of the tenth of Nouember the The defence of the Card of Loraine Decrees being read to bee published in the Session the next day the rights and authority of the French King and priuiledges of the Gallican Church were reserued Whereunto Monsieure le Feure replied that himselfe and his colleague hauing vsed all diligence to haue a copie of that Decrce they could neuer obtaine it and that in humane affaires not to appeare was as much as not to bee Besides this did not serue to excuse the things published in the last Session But that which was saide concerning the Synode in the Councels of the King and Parlament was nothing to that which the Bishops and Diuines and their seruants also according to the French libertie did relate to euery one vpon all occasions making iests at the discords and contentions betweene the Fathers at the practises and interests with which the matters of reformation were handled And those who were most familiar with the Cardinall of Loraine spake most of all And The censure made by the French BB. of the Councell after their returne into France A Prouer be made in France concerning the Councell it passed in France in manner of a Prouerbe that the moderne Councell had more authoritie then that of the Apostles because their owne pleasure onely was a sufficient ground for the Decrees without admitting the holy Ghost But in Germany the Decrees of reformation were not thought considerable neither by the Protestants nor by the Catholiques The Protestants did examine the
to propose to the Pope a conference betweene his Holinesse the Emperour and the King of Spaine and the King her sonne in whose traine her selfe would be The proposition did not displease the Pope because it might serue him to finish the Councell but hee thought the execution was impossible And he promised to send Nuncij to the Emperour and King of Spaine to this end and appointed the Bishop of Vintimiglia for Spaine whom hee therefore recalled from Trent and the Bishop of Ischia for the Emperour To the Cardinall of Loraine he made excessiue demonstrations of honor lodged him in the palace a thing vnusuall went publiquely to visite How the cardinall of Loraine was treated in Rome him in his lodging Their discourses were partly about the Conference though the Cardinall did not thinke it feasable They treated about the sale of a 100000. crownes which whether the Cardinall did promote or draw backe was not discouered But the Pope hauing vpon a new instance made by the French Ambassadour answered that he did referre it to the Councell many thought it to be an excuse inuented by Loraine But the principall businesse was about finishing the Synode which the Pope thought to be of greatest importance and knew to bee most difficult Wherein there was great confidence betweene them For the Cardinall discouered to him that his interests were turned the same way and that since the death of his brothers he saw plainely that there was no meanes to maintaine Religion in France and his house but his coniunction with the Apostolique Sea The Pope promised to make Cardinals at his instance and gaue him such words as shewed an intention to make him his Successour in the Popedome and that they might haue more credite he made shew that the greatnesse of that Cardinall was profitable for the endes hee had in ayming at some matter of great moment And the conclusion of his discourses to euery one was We must shut vp the Councell prouide money and afterwards that will happen which shall please GOD. The Pope told the Cardinall that as often as he heard of the discords and delaies which some did plot he thought to suspend the Councell but changed his opinion for feare of the scandall which the world would take which knew not the trueth and that sometimes he thought this the greatest euill that could occurre and sometimes iudged it lesse then the danger in which his authoritie was which was the marke at which the Princes Bishops and all sorts of persons did shoot but finally that it was necessary to lay aside all respects and come to this resolution The Cardinall disswaded him shewing that this was not a medicine to cure the euill but to deferre it onely with greater danger because hee would in a short time haue new demands to restore it and plots would be laid by those who were not satisfied with him and that to suspend was as difficult as to finish it For there was no need to alleadge causes for this it being sufficient to bring things to the conclusion and so to ende whereas the suspension did require an allegation of the cause whereof euery one would speake his opinion that it was more honourable to finish then to suspend it and hee vsed other reasons which made the Pope know that his counsell was good and faithfull And afterwards he aduised him to deale plainely with the King of Spaine Therefore calling the Ambassadours of that King hee complained in grieuous termes saying that he had called the Councell vpon hope and promise that the affaires of the Papacy would haue beene fauoured by his Maiestie to whom he had giuen all imaginable satisfaction and would giue him more according to his demands if the impediments caused by the Councel were taken away that he had not demanded any fauour of his Maiestie and his Ministers but the ending of the Councell for the seruice of GOD and the publike good and therein was ill vsed though it was rather a losse to the King then a benefit Therefore hee was forced to hold esteeme of him by whom he was esteemed and to cast himselfe into the armes of those that would assist him And he dispatched also a Currier to the King with a letter of his owne hand complaining of the offices done by his Ambassadour and Prelats in Trent contrarie to his Ministers in Rome each party saying hee doth the commission of his Maiestie Hee shewed that it was conuenient for the seruice of GOD of the Apostolike Sea and of his Maiestie that the Councell should end and in conclusion he desired him to declare himselfe plainely whether he would assist him heerein or not The Cardinall did counsel him also not to be auerse from granting to the Emperour the Cup and marriage of Priests by which meanes he should gaine both him and the king of the Romans not to consent onely to the ending of the Councell but to be fauourable and to promote it He told him likewise that it was necessary to omit the reformation of Princes because it would prolong the businesse more then any thing besides After the departure of Loraine nine French Bishops parted from Trent and returned home so that there remained but eight besides sixe who went with the Cardinall to Rome This departure caused an opinion that they were recalled and that there was a purpose at the perswasion of the Hugonots to recall the others that the end of the Councell approaching no French men might bee present when they should bee anathematized The Legates to facilitate the difficulties of secret mariage caused the Diuines who were maintainers and opposers of it to make a publike disputation This was neuer done before in any occurrence and then did so little good that euery one was more confirmed in his owne opinion After this to reassume the Congregations and to handle the reformation they gaue foorth the residue of the Articles the last of which was the reformation of Princes being forced thereunto by the mutinie of the Prelats Of which matter concerning Princes hauing often made mention and now being come to a place in which it is necessarie to recite it for the vnderstanding of the things that follow it must bee knowne that it did containe a propheme with thirteene Articles and a very pregnant Epilogue the substance whereof was That the Synode besides the things constituted concerning Ecclesiasticall persons hath thought fit to correct the abuses of the Seculars brought in against the immunitie of the Church hoping that the Princes will be content and cause due obedience to be rendred to the Clergie And therefore it doth admonish them to cause their magistrates officers and temporall Lords to yeeld that obedience to the Pope and constitutions of the Councell which themselues are bound to performe And for facilitation heereof it doth renew some things decreed by the holy Canons and Imperial The Articles of the Reformation of Princes lawes in fauour of Ecclesiasticall immunitie which