greater Doctor than Clement ranckt it the sixteenth amongst the approved Generall Councels There hath beene such a stirre in France about placing it according to it's ranke that the queâ—tion hangs yet in the Court undetermined As for the Councell of Basil although the Ambassadors of France were there and Charles the seventh confesse that hee received as a Councell yet for all that hee approved it but in part for of forty five Sessions of that Councell France hath received onely the thirty two first and those too not without some qualifications and restrictions Some Decrees as they lye others with certaine formes and modifications so sayes the Pragmaticall Sanction As for the last which mainly concerne the deposing of Pope Eugenius and the creation of Felix the fifth Charles the seventh made this protestation The King protesteth as a most Christian Prince treading in the foot-steps of his predecessors that he is very ready to give eare to the Church rightly and lawfully called together But for as much as many honest and grave personages make a question whether the suspension deprivation and â—lection which ensued thereupon at Basil were rightly and Canonically performed or noâ— and seeing it is doubtfull whether that assembly did sufficiently represent the Church Catholique then when the matters were acted agitated so as they might proceed to points of such great consequence and difficulty therefore the King doth persevere and continue in his obedience to Eugenius wherein he is at this present That which Benedict sometimes Counsellour to the Parliament of Tholous hath delivered in his workes concerning this point is very remarkable Herein saith he appeareth the errour of some who hold that the French Church assembled at Bourges in the time of Charles the seventh King of France could notâ— as she did reject any Canons of the Councell of Basil for shee might both reject and not accept them and qualifie those shee received by adding to or detracting from them and so put them in forme and fashion not upon misdoubting of the power and authority of that Generall Councell which made and published them but to fit and accommodate them to the exigencies of those times and to the conditions of the places and persons in the Kingdome and in Dauphine in such sort as those Fathers have expressed and as it appeareth by what wee have delivered but more plainly in the text of the pragmaticall Sanction so that if they might be wholly rejected much more might they be onely in part receiued and that with some qualifications and conditions As for the last Councell of Lateran however the Popes make high esteeme of it as being very advantagious to them yet indeed it cannot justly be tanked amongst the number of lawfull Councels both because it was purposely called for a countermine to the second Pisan to elude the reformation intended as well in the head as the members and also by reason of the iniquity of the Decrees there made whereof wee shall treat elsewhere more at large Here I need say no more but that it was never received nor approved in France nay more the University of Paris did put in an appeale to the next Councell the copy whereof may bee read in some authors where it is said amongst other things that this same Councell was purposely assembled against France as indeed it was For there both Lewes the twelfth was excommunicated the Pragmaticall Sanction repealed and the second Pisan Councell consisting mainly of French which was their fault not our plot in like manner condemned T is said also how that Councell was not assembled in the name of the Holy Ghost and a Germane Monke styles it a packe of Cardinalls commending and approving that appeale which was made concerning it by the University of Paris It will prove cozen germane to that of Trentâ— so that I will not here set downe the very words of that appeale because I take occasion to speake of them elsewhere He that shall seriously consider these instances hee will finde that the rejection hithertowards of the Councell of Trent both in this and other Kingdomes is no novelty nor extraordinary thing For many of those by us mentioned were more famous more generall more legitimate and withall farre lesse prejudiciall than this They conteined onely some petty grievances some personall injuries some particular intrenchings upon some rights either Ecclesiasticall or Temporall But this keepes neither rule nor measure but turnes the state of the Church and all Christendome topsie-turvie it sets the Pope above all above Kingsâ— Princes and Councelsâ— yea it puts Kingdomes and Empires in subjection under him and for Temporall matters it gives him full power and absolute authority over such Ecclesiasticall persons as did not acknowledge any jurisdiction of his save such as remained upon record it reduceth us to our former miseries to a necessity of going to Rome to plead our causes that so it may squeeze our Countreyes both of men and money it entitleth him to the election into Bishopricks and Benefices so to cozen the naturals of each Kingdome and Province of them and to transferre them upon such strangers as will be at his devotion it robs Kings of the nomination of Bishops and other Ecclesiastiques and of that jurisdiction over them which they ought to have nay and in some cases even over meere Lay-men devolving all to the Pope by meanes of appeales commissions evocations reservations exemptions and that absolute authority which it gives him in such things as concernâ— the manners and discipline of the Church nay indeed in all things without exception It repeales the ancient Canons and Ecclesiasticall Constitutions subjecting us wholly to all the Papall Decrees which dispose as boldly of Temporalls as Spiritualls It totally reduceth all ancient liberties to servitude and particularly those of France whereby we were ever preserved from an insupportable tyranny from those troubles and calamities which were prepared for us and under which our ancestors groaned whensoever they were carelesse to preserve them Whereupon they have as it were pourtrayed them forth upon a tablet to serve as they say for a caution to posterity that so they may take heed of making shipwracke of their liberties So as a many would say they knew by a secret revelation that the Councell of Trent would come and foresaw our future stupidity And yet even then when they gave us this counsell they were onely busied about the maintaining of some few of their liberties whereas now all are going as we shall make it plainly appeare in this Treatise besideâ— many other injustices which it would be too long to specifie in the prologue And for as much as that which first put me upon this enterprize was the earnest suits which being at Court I have seene exhibited to our Soveraigne in behalfe of the Pope for the receiving of this Councell I thought fit to shew in the first place that this is no new thing but
him King William the first of England in the beginning of his reigne which was about the yeare 1070 knowing this very well deposed some part of the Bishops and Abbats from their dignities and Prelacies and put others in their places whose fidelitie was known unto him 34 Another Monke and English Historian saith the Popes upon this occasion invented another way to oblige such Prelats unto them as held their dignities from Kings and Princes Which was by making them renounce them and resigne them into their hands as faultie and nullities and taking them with one hand they gave them againe with the other Ivo toucheth upon this tricke in his epistles For amongst other reasons to prove that investiture is no heresie hee puts this If Investiture were an heresie hee that renounceth it could not be restor'd without blemish to himselfe Now wee see many honest men both in Germany and Franceâ— give up their Pastorall staffes to wash away that staine by some shew of satisfaction and resume those Investitures which they had renounced from the Apostolique hand So did Thomas the Archbishop of Canterburie who put Henry the second King of England to so much trouble For being at the Councel of Tours Hee secretlie resigned that Archbishoprique into the Popes hands which he had received from the Kings hand and it was afterwards restor'd him againe at the same instant from the Popes hand It was Alexander the third who held this Councell at Tours in the year 1163. A REVIEW OF THE COVNCELL OF TRENT BOOKE VI. CHAP. I. Of things attributed to the Pope by this Councell in matter of justice And first of criminall causes of Bishops 1 WEE will treat in this Booke of Iustice and Iurisdiction and wil make it clearly appear that this Councel hath as far as it was able robb'd Kings Princes and other Clergie men of them to bestow them upon the Pope It is a most true Maxime that all Iurisdictions do spring from secular Princes that the source and fountaine of them is hereditarie to them whence the rivulets are derived upon their officers and upon Ecclesiasticall persons and others whom they thinke good Clergie men from the greatest to the least have no coactive jurisdictions but such as spring from thence Kings and Emperours have parted with it and have honoured them with it but in such sort as some of them both did and doe abuse it daily They are come so farre as to contest with their officers to attempt against them to make laws for extending the traine of their robes further yea even to subdue unto themselves those from whom they received that power and by a most unsufferable ingratitude to declare and pretend them subject to their jurisdiction All this is proved by us elsewhere Wee will onely say here that this Councell â—â—â—h gone about as it were to lay at the Popes feet all the spoiles and conquests which all other Bishops have got from those victories obtained by them â—t divers times over the temporall Iurisdiction and over those to whom it belongs and to paire also that which is left unto them making it almonst unserviceable and invalid at least for as much as concernes the Pope and his Clergie whom it totally exempts from their Iurisdiction 2 We shall make it appeare plainly that this Councell hath dealt very liberally with the Pope in this respect and that it hath strain'd it selfe to confirme his usurpations yea even to augment them without sparing any thing First of all it attributes to the Pope the cognizance and judgement of all criminall causes of Bishops except pettie ones That the Pope onely have the cognizance and decision of all criminall causes which are more hainoâ—s objected against Bishops and even of heresie which God forbid But if the cause be such as it must necessarily be tried out of the Court of Rome let it not bee committed to any persons excepting such Metropolitans or Bishops as the Pope shall chuse That this commission be in speciall and sealed with the Popes hand and that hee never give them any greater power but onely to receive the bare instruction for matter of fact and to make the processe which they shall forthwith send to the Pope the definitive sentence being alwayes reserv'd unto the Pope 3 In another decree it is ordained That the causes of Bishops when by reason of the quality of the crime which is objected unto them they ought to make appearance be brought before our holy Father the Pope and be determined by him It is also decreed against Bishops that keepe concubines That if they doe not abstaine from that crime after they have beene admonished by the Provinciall Councell they shall bee complained of to the Pope by the same Councell who shall punish them according to the quality of their offence even by deprivation if need require So that a Provinciall Councell hath no power to condemne a Bishop for criminall matters save onely for Peccadillo's such as we may say for playing at ball for getting up late in a morning and such like things 4 Now wee say on the contrarie that the cognizance of such crimes belongs to Emperors and Kings That they themselves ofttimes have proceeded to judgement That they have assembled Councels for that end and have assisted and presided there That sometimes they have committed the same judgement to the said Councels or their Iudges That Popes themselves have become petitioners unto them yea plaintives before them and which is more have themselves beene judged by them 5 The Bishops of the Nicenâ— Councel acknowledge Constantine for their Iudge when they presented their Libels unto him wherein they accused one another hee blush'd at that in their behalfe and would have covered their shame by suppressing such Investitures using this honest shiâ—t to them that they could not be judged by any man In which the Pope alone tooke him at his word although hee were absent and hath made good use of it afterwards Now that Constantine said this by way of complement and to suppresse those dishonorable quarrels appears from hence that upon other occasions hee either tooke the judgement upon himselfe in the causes of Bishops or committed it to his Officers Hee made the Bishops of the Synod of Tyre to come unto him to render a reason of their â—act in the condemnation of Athanasius And after hee had heard them confirmed their sentence being moved so to doe by the testimony of false witnesses which were subborn'd and sent Athanasius unto banishments into Tryer a citie in Gallia Belgica 6 The same Emperour after hee had twice ordain'd Ecclesiasticall judges to determine the cause of Cecilianus an Orthodox Bishop at last he himselfe tooke it into his cognizance and gave the finall sentence So say the Clergy of Hippo in Africa in that epistle which St. Augustine made upon the same occasion and sent to Ianuarius Being so stricken in age as you
all the Clergie nor any of the Laity Contrary to ancient custome 3 4 Lay men sometimes admitted to bee Iudges in controversies of faith 5 Yea even Heathen Philosophers 7,8 Controversies sometimes decided by Councels 9 Sometimes by reference 10 Sometimes by conference A meanes proposed for reconciling the present disterence in Religion 11 12 Further prosecuted 13 Lay mens plea for admittance in this Councell 14 Bellarmines answer examined 15 The power of Emperours and Kings in this case 16 17 Some of them have beene Iudges in Councels 18,19 Lay men admitted by Kings to assist at severall Councels 30 31 And Spaine 32,33 c. And England 36 37 Admitted likewise by Emperours 38 Yea summoned by Popes 40 Lay mens presence in Councels not absolutely necessary and when convenient 43 The ignorance of the Popish Clergie 44 The Authours apologie 45 The assistance of the laity allowed by severall authours 46,47 Practised at severall Councels Trent excepted 48 Anodious doctrine to Popes and why Chap. IX p. 47. 1 THe Trent Fathers were the Popes creatures 2 That abuse observed by the Emperour 3,4 Complain'd of by the French Ambassadours 5 6 And Protestants of Germany 8 As good as confest by the Popes themselves 9 The charges of Councels defrayed formerly by the Emperours 10 Of late by the Pope And therefore the judgement of such Councels in the Popes cause refusable Chap. X. p. 51. 1 THis Councell compared with others for number of Bishops 2 Which were so few here that it cannot be accounted generall 3 Henry the seconds protestation against it upon that ground 4 The number in the later Sessions doth not legitimate the paucitie in the former Chap. XI p. 53. 1 THe Emperours letters to the Pope about the indirect dealing of the Councell 2 The French Ambassadours oration in the Councell to that effect 3 Their retire from the Councell Chap. XII p. 54. 1 ALL processe made by a suspected Iudge is void 2 The Pope challenged as an incompetent Iudge in this Councell 3 The Councell protested against by the Germans 4,5 By the King of England 7 By the Kings of France 9 Sentence passed upon absents invalid 10 Yea though they had beene present there may be a second judgement 11 As was in the case of the Donatists 12 And Arrians 13 Otherwise we cannot decline the sentence of the Councell of Ariminum 15,16 Other heresies sentenced in more Councels than one 17 The injust dealing of the Councell of Ephesus Pope Leo's protestation against it holds good against this of Trent BOOKE II. Chap. I. p. 61. 1 NVllities in the matter of the Councell As in deniall of justice 2 In things demanded by the Emperour 3 By the King of France 4 By the Catholique Princes of Germany 5 By the Duke of Bavaria In which demands are particularly mentioned such abuses as should have beene reformed 7 Many of them confest by the Deputies of Paul the third Chap. II. p. 65. 1 THe abuses complain'd of not reform'd by the Councell 2 Reformation of the Head the Pope and Court of Rome demanded by Princes confessed necessary by Popes 3 Yet not medled with by the Councell 6 The Authors protestation to set downe the Papall not the personall faults of Popes 7,8,9 c. The complaints of many ancient Popish authours against the abuses of the Pope and Court of Rome with some Councels that attempted but effected not a reformation Chap. III. p. 74. 1,2 c. ANcient complaints against the inordinate desires of the Popes after temporals which made them neglect spirituall matters 5,6 c. All things set to sale at Româ— even the Holy Ghost 7,8 The avarice and exactions of that Court. 10 As great since as before this Councell Chap. IV. p. 78. 1 BY what meanes the Popes enriched themselves 2 A price set upon all sins in his Penitentiary tax 4 The tax of the Chancelourship 6 The tax upon Bishopriques 7 Exactions of Annats or first-fruits 14 When the Pope first usurped them 18 The Emperours anciently required them not 21 Of selling the Pall. 22,23 The state of first-fruits in France 25 The Popes ancient incomes out of England 26 Their simoniacall gettings by Reservations Graces Provisions c. 27 Their impositions of taxes and tributes upon kingdomes Particularly upon England 28,29 What trickes they used to oppresse this Realme 30 The Popes proverbe of England 31 The like oppressions and complaints in France 33 The Popeâ— challenge to the goods of Clergie men that die intestate Their revenues onâ— of the stewes Their yearly Kinâ— Chap. V. p. 91. 1 THe Popes exactions under colour of a holy warre By absolving such as had taken the Crosse upon them 2 And raising levyes for the maintenance of the holy Land 3 And reparations of St. Peters Church 5 The Popes used the colour of a holy Warre to wreake their own spite 7 And converted those collections to their private ends Opposition made against them in Spaine Chap. VI. p. 94. 1 BY what meanes the Popes cheated other Patrons of their advousons and presentations to Ecclesiasticall livings 2,3 Ancient complaints against this abuse 5 Of their conferring them upon lewd persons 6 7 Remedies provided but not applyed 9,10 Of their preferring dunses 11 And aliens 12 The inconveniences that follow upon this 13 14 Vrged by the French 15 Confessed by the Cardinals but not yet reformed by the Pope Chap. VII p 99. 1 OF drawing all suits concerning causes and persons Ecclesiastical out of other nations to the Court of Rome 2 Inconveniences thence ensuing 3 4 5 c. Complaints made against them 7 Of appeals to Rome 8â— 9 The multiâ—â—de and abuse of them 10 11 The Court of Romes usurpation upon the Lay jurisdiction Chap. VIII p. 102 1 BY what meanes the Popes get the jurisdiction over causes and persons civill Of Ecclesiasticall informations 2 Of the intervening of an oâ—th 3,4 A law made in France against the Popes usurpation in this kind 4 And the statute of Premunire in England 5 The Popes intermedling with Emperors and Kings Their crownes and dignities 6 As King Edward the first of England The Pope rejcted by Parliament 8 The judgement passed by Secular Princes disâ—â—â—â—ed by Popes 10 11 Of their metamorphosing Lay men into Clergy men 12 Of the Popes Commissaries and Delegate Iudges 13 14 Anciently complained of 15 Not reform'd but confirm'd by this Councell 16 Of the Popes Legats 17 18 Their power to legitimate bastards 20 And other faculties as to dispense with Councels Chap. IX p 107 1 OF the Popes usurpation of Lordshipsâ— and Kingdomes 2 Of their temporall dominâ—on in Rome 3 4 How they hold it and when they got it 5 Thâ—ir claimâ— to Scotland 6 Encroaching upon Poland 7 And Sicily 8 Especially England in the time of King Iohn 9 10. That story more at large 11â— 12 Excommunications abused by Popes to secular ends 1â— 15. c. Their inordinate desire of preferring their Nephewes and kindred by indirect meanes
Vicechancelours Notaries Registers and Executours their servants and others which have any thing to doe in what sort or manner soever with capitall or criminall causes against Ecclesiasticall persons in banishing or arresting them passing or pronouncing sentence against them and putting them in execution even vnder pretence of any priviledges granted by the See Apostolique upon what causes and in whattenor and forme soever to Kings Dukes Princesâ— Republiques Monarchies Cities and other Potentates by what name and title soever they be called which we will not have to be usefull for them in any thing repealing them all from henceforth and declaring them to bee nullities See here all the Iudges Royall both superiour and inferiour utterly despoyled of the cognizance of criminall causes 8 The twelfth Article speaks on this sort Wee excommunicate all and every the Chancelours Vicechancelours Counsellours ordinariâ— and extraordinarie of all Kings and Princes the Presidents of Chanceries Counsels and Parliaments as also the Atturneyes generall of them and other Secular Princes thogh they be in dignitie Imperiall Royall Duâ—all or any other by what name soever it be called and other Iudges as well ordinarie as by delegation as also the Archbishops Bishops Abbats Commendatories Vicars and Officials who by themselves or by any other under pretence of Exemptions letters of grace or other Apostolicall letters doe summon before them our Auditours Commissaries and other Ecclesiasticall Iudges with the causes concerning benefices tithes and other spirituall matters or such as are annexed to them and hinder the course of them by any lay authoritie and interpose themselves to take cognizance of them in the qualitie of Iudges 9 This is not all for in the following Article hee goes yet further striking a heavie blow at the Ordinances of our Kings Those also which under pretence of their Office or at the instance of any man whatsoever draw before them to their bench Audience Chancerie Counsell or Parliament Ecclesiasticall persons Chapters Covents and Colledges of all Churches or cause them to bee brought in question before them or procure them directly or indirectly under what colour soever beyond the appointment of the Canon law Those also which ordaine and set forth Statutes Ordinances Constitutions Pragmatiques or other Decrees whatsoever in generall or in speciall for any cause or colour whatsoever even under pretence of Apostolicall letters not now in practise or repeâ—â—ed or of any custome or priviledge or any other manner whatsoever or that make use of them when they are made and ordained when by them the Ecclesiasticall libertie is abolished impaired depressed or restrained in any manner whatsoever or who do any prejudice to our lawes and those of our See directly or indirectly implicitely or explicitely 10 See yet another which followes after this Those likewise which doe any way hinder the Archbishops Bishops and other Prelats superiour and inferiour and all other ordinarie Ecclesiasticall Iudges in the exercise of their Ecclesiasticall jurisdiction against any person according as the Canons the sacred Constitutions of the Church the Decretals of generall Councels and principally that of Trent doe ordaine There is further in the same Bull some excommunications against those which appeal from the Popes sentence to Generall Councels Against those that hinder Clergy or Lay men from going to plead at Rome which is a remarkable thing Against Kings and Princes which make the fruits of Ecclesiasticall livings bee sequestred upon any occasion whatsoever which concernes the right of the Crowne Against those which impose any tenths subsidies or other taxes 11 All this is leveld against the rights of the King and the liberties of the Gallican Church I aske now seeing our Popes take upon them to excommunicate our Kings which make ordinances concerning such matters their Officers and Magistrates and all others which practise them whether they will make any conscience of putting forthwith such lawes and ordinances into their Index expurgatorius Let a man goe about to put all the distinctions which hee can devise to save our liberties upon this Councell will not it bee lawfull for the Pope when he shall please to derogate from them to come in with a non obstante Doth not hee in the fore-mentioned Bull repeall all the priviledges granted by the See Apostolique His successours shall not they have the same power that hee hath 12 The other piece which wee promiseâ— shall bee taken out of the privie Counsell which was holden at Rome almost at the same time when the former Bull was sent which was found in the Advocat Davids trunk where it is said That the successours of Hugh Capet to undoe the Church brought in that damnable errour which the French men call the Liberties of the Gallican Church which is nothing else but a refuge for the Waldenses Albigenses poore of Lyons Lutherans and Calvinists at this present And in another Article it is said That all Edicts made within the Kingdome of what standing soever if they bee repugnant to Councels shall be cassed repealed and disanull'd As much as to say al the Edicts concerning the rights of our Kings the good of the Kingdome and the liberties of the Gallican Church which are all abolished and brought to nothing by the Councel of Trent A REVIEW OF THE COVNCELL OF TRENT BOOKE VII CHAP. I. That the Councell of Trent tends to the depression and abasing of the authority of Christian Princes 1 THis redoubted greatnesse to which the Pope is exalted by this Councell doth diminish as much not onely the power of Councels and Clergie-men but also that of Christian Princes These are their spoiles their Scepters their Crownes their justice their soveraigne authoritie their honours and preheminences all this is violently pull'd from them and transferr'd upon another lord In the first place they are depriv'd outright of that power which they have over Ecclesiasticall things and persons due unto them both by divine and humane law The calling of Councels is taken from them the presidence in them the approbation and authorizing of the determinations made in them the nomination election or investiture to the Bishopriques within their Empires and Dominions justice civill and criminall upon the goods and persons and discipline Ecclesiasticall and many other such like things It tacitely approves yea in many things expressely the unmeasured power and dominion which the Popes have usurped upon Kingdomes and Empires upon the election and deposition of Kings and Princes and upon all that belongs unto their state It disanuls their lawes and ordinances and on the contrarie establisheth those of the Popes and condemns all those that have defended their rights All this is handled in the former bookes and it would be impertinent to use repetitions And therefore we send the reader backe thither We will here adde that which remaines to be spoke of that subject 2 They are further grieved inasmuch as the Councell takes upon it more than belongs unto it in point
Great did freely confesse that God had granted the Emperour the rule not onely over the men of warre but also over Clergy men And Bernard who lived a long time after them in his Epistle written to Henry Archbishop of Sens makes this inference Every soule and yours too Who hath excepted you out of this generality If any man goe about to except you he goes about to deceive you Beleeve not such counsels c. 6 See here a great manie testimonies all together which might happily have made a greater show if every mans had beene brought in by it selfe But my purpose being to applie all this to the present maladie I thought it more convenient to make all these witnesses be produced by a partie not suspected and one who very well understood them Conclude wee from all these authorities that the coactive jurisdiction and temporall power does not belong to Ecclesiastiques but rather that it is a right Imperiall and Royall But wee must expound this last point a little more plainly Princes alone having this power and Secular jurisdiction and all that depends upon it sometimes they have used it themselves sometimes they have granted the exercise thereof to their Officers and Magistrates or even unto their Clergy men yet without utterly devesting themselves of it without making a pure cession from it and absolute transport they alwaies reserved unto themselves the Soveraigntie as Masters and Lords of it the power of transferring the exercise of that jurisdiction from one to another either in part or in whole to deprive whom they thought good without doing them any wrong to augment it in the person of their Officers and abate it in their Ecclesiastiques just as they have conferred part of it upon the latter to the prejudice of the former 7 Wee have elsewhere treated of the judgements passed by Emperours and Princes and also of the criminall causes of Ecclesiasticall persons Here wee will speake only of the cognizance of civill causes The Clergy were anciently under the jurisdiction of Secular Iudges in which there were afterwards many alterations The Emperours Valentinian and Valens in a certaine constitution directed to one of their Magistrates ordaine that Clerks bee assessed to great dammages for their frivolous appeals Valens Gratian and Valentinian give the jurisdiction of the civil causes of Clerks and their offences civilly prosecuted to the Synods of the Diocese reserving criminall causes to their Magistrates Theodosius and Valentinian reserve Clerks to the audience of their Bishops Valentinian the second Theodosius the younger and Arcadius declare that this is for Ecclesiasticall causes Martian will have the Bishops to be judges over the Clerks in their Dioceses and of their civill causes if the plaintiff have recourse unto them so that it was left to the libertie of him that entred the suit whether he would make them Iudges or have recourse unto the Magistrate as is specified in another law of the same Emperour Leo and Anthemius give this jurisdiction over Clerkes and Monkes to the Presidents of the Provinces within their circuit and to the Praefectus Praetorio at Constantinople And in another law they ordaine that the Bishops Clerks Monks and all other Churchmen of what qualitie soever shall answer before the Presidents of the Provinces and come before them when they shall be summon'd and accused Iustinian in his seventie ninth novell Constitution submits Monks to the jurisdiction of Bishops In the 83 constitution hee decrees the like for Clerks as well for matters civill as for Ecclesiastical crimes reserving others to his officers And furthermore in caâ—e the Bishops cannot or will not take the cognizance of them he referres them to his Magistrates In the 123 constitution hee prohibits the conventing of Bishops before his Magistrates in cases civill or criminall without his Imperiall command In other places the Emperours proceeding â—urther have given jurisdiction to Bishops not only over Clerks but also over Lay men Constantine the Great was the first whose law our Popes ascribe to Theodosius having made a very favourable constitution in behalf of Bishops whereby hee gives them the cognizance of all civill causes betwixt Lay men upon the bare demand of one of the parties albeit the other did not consent unto it In such sort as the Magistrates are bound to desist from the cognizance of it as soone as one of the parties shall require to bee dismissed and sent thither whether it bee at the beginning or middle or end of the suit 8 Arcadius and Honorius derogating from this law will have it to be by the joynt consent of both parties and that by way of arbitrement The same Emperours together with Theodosius doe ordaine that there shall bee no appeal from this Episcopall judgement and that their sentence shall bee put in execution by the Sergeants and Officers of the Iudges This is the law which Iustinian would have to bee observed I say those two last constitutions for as for that of Constantine he did not insert it in his books but the other latter Which Gratian hath confessed in his Decree And whereas in the Code of Theodosius the inscription of the title runnes thus De Episcopali judicio Iustinian in stead of it hath put De Episcopali audientia to shew that it is not properly any jurisdiction which is bestowed upon them but on the contrary a friendly and arbitrary composition to abridge the processe 9 After this time the Emperour Charles the Great in his Capitularie renewed the law of Constantine and gave the same jurisdiction therein contained unto all Bishops repeating the same law word for word Which the Popes have not forgot in their Decree where they have inserted the Constitution of Constantine under the name of Theodosius and that of Charles the Great just as Iustinian did in his Books the responses and commentaries of Lawyers to give them the strength of a law For as for them they thinke they are not subject to those of Christian Princes But they have gone further yet for by a most disrespectfull ingratitude they have gone about to serve themselves of these lawes against those very Kings and Emperours which made them to take upon them the jurisdiction over them themselves 10 Innocent the third served himselfe hereof against Philip Augustus King of France hee would needs make himselfe judge betwixt this Prince and King Iohn of England by virtue of these constitutions whereof hee makes expresse mention It is all one as if he had urged them against Charles the Great considering that hee made this law both as Emperour and King of France for hee submits tâ—â— French-men to it in expresse termes These lawes whether of Constantine or of Charles the Great should not now bee urged neither against the Emperours nor the Kings of France who did not make any law to tye them not against other Kings who doe not admit the law of the Empire
their Sergeants and Varlets constraining them by their censures to execute their Ordinances and obey their Decrees For if an excommunicate person did not readily pay the summes of money expressed in the excommunication the Lay-judge was submitted to the same censure in case hee did not make means for the paimentâ— and if so bee he found no goods hee was compell'd at his own charges to go and appeare before the Officiall to take an oath of his diligence And in case a Clergy man had beene committed to prison by the Lay judge either out of oversight or ignorance though hee were surrendred to the Ecclesiasticall Iudge upon the first demand yet the Lay Iudge notwithstanding was held by the Canons for as good as excommunicate They served themselves also of the same censures against parties in suit excommunicating some Lay men that were summoned before them in causes not spirituall for want of appearance yea and that even after the default made upon a simple citation Item for refusing to plead before them in causes real and actions prâ—ceeding from contracts with Ecclesiasticall persons For not paying the sum set downe in a sentence upon the day therein prefixed although by reason of his povertie the partie were not able to pay it For biding judgement in a Lay Court about the demand of a widdow For drawing those into the cause which live in Hospitals Spittles and houses Royal and conventing them before other Iudges denying them such absolution as was necessarie till such time as they had set an arbitrary fine upon them Vsing also the like vexation to such witnesses as were summoned by them in causes brought before them even although they were out of their jurisdiction As also to such as dwelt in the same place with him whom they had excommunicated sometime causing all the inhabitants of a whole parish or village both old and young to bee cited before them to goe and purge themselves at one or two severall places of the participaâ—ion and commuâ—ion which they might have had with him freeing such as would redeeme themselves by money from this labour All which abuses and infinite more were represented to King â—â—ilip de 〈◊〉 in the yeare 1329 by Mr. Peter de Cugnieres the Kings Counsellour in prâ—â—â—nce of the Prelats of this Realme who in their answers â—ot only not deny thâ—m but which is more defend them 9 Conformable hereunto is the complaint made by the States of Germanie assembled at Norâ—mberg the yeare 1522. â—or they make remoâ—â—â—ance That both at Rome and all other placesâ— many Christians are exâ—â—â—muniâ—atâ—d by thâ— Archbishops and Bishops or their Commissaries for prophane causesâ— and diâ—honâ—st gaine That by this meanes many mens consciences are trâ—â—â—led and thâ—sâ— that are weak in faith are driven to dispaire and at last are brâ—ught to the 〈◊〉 of soule and body and honour and goods contrary to all laâ—â—oth diviâ—â— and â—umane And for this cause they required That none might 〈◊〉 excommunicated but for the crime of manifest and convinced heresie They coâ—â—â—iâ—ed aâ—so tâ—at to beare one excommunicate person company the Ecclesiasâ—â—â—al Iudgâ—â— would excommunicate ten or twelve of his neighbours without any cause or 〈◊〉 that they constrained his fellow-citizens to pay for him that was not â—ble to pay for himselfe as also for that if a Priest happened accidentallâ— to â—e killed any where all the towne or Citie was interdicted by reason of tâ—e â—â—rther Durant Bishop of Menda saith that in his time In many places excommunications were thundred out for a six penny debt 10 These abuses and such as these of which wee have spoken elsewhere did many times constraine Kings and Princes and their Oâ—â—icers to oppose themselves against them take them into their cognizance to restraine them Ludovicus Bavarus was excommunicated by Iohn the twentie second because he had behaved himselfe as Emperour before hee was crowned by him Whereupon his excommunication was declared to bee injâ—st by an Imperiall Diet at Francfort Philip the Faire was interdicted by Boniface the eight the States of France disanull'd his excommunication Bennet the thirteenth hurld his thunderbolt against Charles the sixt the Parliament of Paris together with all the Lords of the land condemned his Bull and the bearers of it Gregory the fourteenth excommunicated the late King and the King now reigning the Parliament of Chaâ—lons by an Arrest given out in Iune 1591 did casse repeal and nullifie his Bulls processes and excommunications as abusive scandalous seditiousâ— full of impostures and made contrary to the holy Decrees Canonicall Constitutions approved Councels and the rights and liberties of the Gallicane Church absolved those that were excommunicated by virtue thereof and decreed they should bee burn'd in the market place by the common hangman The Parliament sitting at Tours did ordaine the like by an Arrest of the fift of August 1591. Furthermore declaring the said Gregory who cals himselfe Pope the fourteenth of that name an enâ—mie to the peace to the union of the Catholique Apostolique and Roman Church to the King and State 11 Seeing wee are gone so farre in this point of Excommunications wee will speake oâ—â— word of the demands which were put up at the Councell of Trent by the Emperour Ferdinand by Charles the ninth and the States of Germany The Emperour demanded that there might bee no proceeding to excommunication but for mortall sin or a publique offence The King of France That it might not be denounced upon every fault nor for contumacie but for some grievous sinne and that after three admonitions The States of Germany That it might bee only for opeâ—â— and convicted heresie These demands were conformable to the Decrees of ancient Councels as namely that of Agatha and that of Auvergne which are Canonized in Gratians Decree by virtue of which no man can be excommunicated upon light occasions and that of Rhemes holden under Archbishop Sonnace where it is said Let no man be lightly or rashly excommunicated 12 The like demand was made by Durant Bishop of Mande at the time of the Councel of Vienna to whom Clement the fift had given in charge to observe him all that stood in need of reformation That no body saith hee be excommunicate but for mortall sinne considering that anathema is a comdemnation to eternall death which ought not to be inflicted save only upon such as are incorrigible and not for pettie light matters Which is not observ'd in the Church of Rome in which even by the Delegates thereof these sentences are thundred out against Prelates and other persons for a very small matter 13 Marsilius of Padua speakes likewise of them in this wise But that which is most abhominable of all and very odious in the office of Church men is that the Bishops of Rome and others also to enlarge their jurisdiction and reape some most base gaine by it
Chap. II. p. 260. 1 OF Fraternities how devoted 2 How dangeroâ—â— to the State 3,4,5 Of the Fraternity of the Chaplet or the Order of Penitents 6 Of the sect of Flagellants 7 8 Their originall and orders 10 Gersons booke against them Chap. III. p. 265. 1 DIspensations abused by the Pope 2 Hee takes upon him to dispense with the Lawes of God and man 3 Complaints made hereupon by the Catholiques in Germany 6 By Saint Bernard 7 By the Parliament of England 9 By the Councell of Constance 10 By Iohn Gerson 11 By the deputies of Pope Paul 12 Reformation demanded at the Trent Councell 13 Which medled with them onely in three cases 14 And that as good as nothing 15 And contrary to the liberties of France Chap. IV. p. 269. 1 OF unions of Benefices both reall and personall Which the Councell leaves to the Popes disposall 2 Which of right belongs to the Bishops of the Dioceses with consent of the patrons 3 Vpon reasonable cause 4 5 6 Otherwise they have and may be disanull'd nothwithstanding any prescription 7 Contrary to the Councell of Trent which allowes prescription in some and the Popes pleasure in all Chap. V. p. 271. 1 OF the residence of Bishops Which the Councell leaves to the Popes approbation To the prejudice of Princes and Metropolitans 3 To whom it belongs to approve the causes of their absence 2 How Popes by this meanes deprivâ— Princes of their best servants 4,5,6 For Kings to approve of non-residence was the practice of France before this Councell 8 And the law since Chap. VI. p. 273. 1 BY this Councell of Trent there can be no more Gâ—nerall Counâ—els but when the Pope pleaseth 2 Which takes away all hope of reformation 3 And is contrary to the Decrees of former Councels 4 The benefits proceeding from the frequency of Councels 5 They bridle the Popes power And therefore they decline them Chap. VII p. 275. 1 OF Iesuites Their Order confirm'd by this Councell 2 Their speciall vow of obedience to the Pope 3 Their deifying of him 4 They are the Popes Ianizaries and Emissaries in the State 5 Slaves to the Pope and therefore nâ— good subjects to their Prince 6 Their doctrine that Kings may be deposed 7 And of excommunicate killed 8,9 That heretiques are to bee put to death 17 Iesuites pernicious to the State therefore once banished out of France Chap. VIII p. 280. 1,2,3 THat this Councell in effect gives the election nomination and investiture in all Abbeyes and Bishopriques to the Pope 4 How this is prejudiciall to Princes 6 How elections were anciently made by the Clergie and people 7 Sometimes by the Pope Yet still by a power derived from Emperors and Princes 8,9 Proved out of the Canon law Popes anciently elected by the Emperour 13 14 This prerogative not renounced by the Emperour Lewes nor Henry 15 16 But practised by Emperours and allowed by Popes till Grâ—gory the sâ—venth 18 And then taken from them by usurpation Chap. IX p. 285. 1 THe election and investiture of Patriarchs and other Bishops belonged to the Emperours 2 3 In which the Popes had nothing to doe but by commission from them 10 Till Gregory the sevenths time who first usurped this power Which was afterwards the occasion of many quarrels betwixt Emperors and Popes 11,12 c. As betwixt Henry and Paschal about investitures 16 The Emperors renuâ—â—iation invalid 17 Because compell'd 18 And does not binde his successors 19 Who redemanded their right 20 The Councels that condemn'd Investitures for heresies censur'd 21 22 And Ivo for defending them 23 Who contradicts himselfe 24 The Emperour Henry in part excused Chap. X. p. 291. 1 ELections nominations and investitures belonging to other Kings and Princes in their owne dominions As the Kings of Spaine 2,3 c. The Kings of England possessed of this right both before and since the Conquest 11 With the Popes apâ—â—â—bation 12,13 The Kings of Hungary 〈◊〉 Apulia have done the like 14,15,16 How the Kings of France have behaved themselves in this point 18,19 Their right confirm'd by Couâ—â—el 23. And testified by Civilianâ— 26 Elâ—ctours to have â—â—e Kings Conge d'â—liâ—e 27 And the elected to tâ—ke the oat◠〈◊〉 â—llegeance â—8 29 That the Kings of France retâ—â—ne the â—omiâ—â—tion and the Popes have got the confirmation of Bishopâ—â— 30 Which râ—â—ders them obnoxiâ—â—a to the Popes and carâ—lâ—sse of their Prince 31,32 c. Examples tâ—â—â—eof in Englâ—â—d and Franceâ— BOOK VI. Chap. I. p. 299. 1 ALL jurisdiction in all causes and over all persons belongs originally to Secular Princes 2 This Councell exempts Bishops and even in crimiâ—all causes submits them onely to the Pope 3 Contrary to right 4 5 And ancâ—ent practice 11 c. How Emperours have exercised their jurisdiction over Clergie-men sometimes by their Delegates 12 Sometimes by Councels 15 16 c. This right of Princes acknowledged by Popes 18 Established by the Imperiall lawes 19 Allowed by Councels 21,22,23 French Bishops judg'd by their Kings Sometimes with a Councell 24 Sometimes without 26 This judgement of Bishops refused by Popes 27,28 The present practices of France in such cases Chap. II. p. 306. 1 THat Bishops by this Councell are made the Popes delegates in matters of their owne ordinarie jurisdiction 2 As visitation of Monasteries 3 Providing for Sermons in peculiars 4 Assigning a stipend to Curates 6 Visiting of Clergie men 7 Assigning of distributions in Cathedrall Churches 8 And assistants to ignorant Rectors 9,10 Vniting Churches 11 Visiting exempted Churches 12 And others not exempted 14,15 Visiting of Hospitals and Schooles 16 Disposing of gifts to pious uses 17 Such delegations prejudiciall to Bishops Archbishops and Lawyers 18 Evocations of causes out of other Courts to Rome allowed by this Councell 19 The inconveniences thence ensuing Chap. III. p. 313. 1 THis Councell entrencheth upon the Secular jurisdiction by attributing seemingly to Bishops 2 But really to the Pope 3 The cognizance of many things which in the Realme of France belong to the Civill jurisdiction in some cases not wholly to the Ecclesiasticall 4 As libels 8 Sorcerers 9 Clandestine mariages 10,11 And some other matrimoniall causes 12 Right of patronage for the posâ—essory 13 Lay appropriations 15 Maintenance of Priests 17 Visitation of benefices so as to compell reparations to be made 20 Sequestration of fruits 21 Royall Notaries 22 Simple Shavelings 25 Civill causes of Clerkes 26 Adulâ—â—râ—es 29 Seisure of goods 30 Imprisonments 31 32 Appeales as from abuse abrogated by this Councell 33 Erection of Schooles 34 Building-money 35 Meanes of hospitals 36 Infeodation of Tithes 39 Taking of the accounts of Hospitals Colledges and Schooles Chap. IV. p. 32â— 1 EXemptions granted by the Pope to Churches Colledges Abbeyes c. confirmed by this Councell to the prejudice of Bishops 2 3 Many complaiâ—â— anciently made against them 4 The Popes have no power to grant them 5,6 The unlawfulnesse and abuses of them 7 Reformation hereof desired â—t the Trent
Councell 8 But not obtain'd 9 Exemptions how used in France Chap. V. p. 327. 1 THe power of granting pardonâ— for criminall matters 2 Allowed to the Pope by this Councell 3 Vnknowne to antiquity 4 Being the true right of Princes Chap. VI. p. 328â— 1 THe number of Papall Constitutions and Decrees complain'd of to this Councell 2 Yet not abated but all confirm'd by it 3 Many whereof were not received before 4,5 Ancient complaints made against them 6 By what degrees Popes usurped upon Princes by themâ— 8,9 Many pretended Decretals are supposâ—titious 15 Many abusive 17 And derogatory to the Imperiall lawes 19 The worst Popes authours of them And the greatest enemies to Princes Chap. VII p. 335. 1 THe censure of all bookes left to the Pope by this Councell 2 The extent oâ— this power and mystery of the Index expurgatorius 3,4 Wherein they condemn all authours that stand for the rights of Secular Princes 5 Or of Councels against Popes 6 And all that have writ against the abuses of their Court 7,8 c. And by the like reason they may condemne all or most of the lawes of Princes and liberties of the Gallican Church BOOKE VII Chap. I. p. 341. 1 THat this Councel tends to the depressing and abasing the authoritie of Christian Princes 2 By robbing them of their temporall jurisdiction 3 Especially in case of duels That a Councell hath no coactive jurisdiction over Princes This proved by authority of Scriptures 4 And ancient Fathers 5 And Popish authours 6 All coactive jurisdiction derived from Princes 7,8 Over the Clergie variously exercised by the Imperiall lawes 9 What use the Popes make of them 10 They doe not binde present Princes Chap. II. p. 346. 1 THat a Councel hath no power in temporall matters Proved by authoritie of Fathers against the Trent Councel 3 By the practice of Popes 5,6.7 And ancient Councels 8 By reason 10 Secular Princes may require subsidies of Clergie men 11 Even by the Canon law 12 If they have any exemptionsâ— 13 As they have many 14 They were first granted by Princes Such subsidies injustly prohibited by this Councell 15,16 And some former Popes Chap. III. p. 352. 1 EXcommunications abused by Popes against Princes 2 Kings should not easily be excommunicated 3 As they are by this Councel 4 The King of France claimes a priviledge and exemption from excommunication 5 And why 7,8,9 This priviledge acknowledged by Popes 10 Maintained by Parliaments 11 Confirmed by Popes Chap. IV. p. 355. 1 THis Councell useth commanding termes to Kings and Princes and makes them but the Bishops officers and executioners of their Decrees 2 Contrary to the practice of former Councels 3,4 c. This makes Princes inferiour to Priests in point of honour 9 How much the Pope is greater than the Emperour 11 12 The humility of ancient Popes and the great respect they used to Kings and Emperours Chap. V. p. 359. 1 THe authority of Kings in the Church and over the Clergie 2 More in right than in fact 3,4,5 They are the patrons and defenders of the Church 6 And have power to reforme it 7,8,9 This power confest by Popes 10,11 And Popish writers 12,13 Exercised by Emperours 14,15 c. And kings of France Chap. VI. p. 365. 1 THat Emperours and Kings have in all ages made lawes of Ecclesiasticall politie and discipline 3,4 Both before Christ 5,6 And since 7 That they had power so to doe But not to administer the word or sacraments 8 Especially the Emperour the Kings of England and France 9 10 c. This power of Princes coâ—fessed by Councels and adâ—itted by Popes 16 Who became suiters to them in that behalfe 17,18 And proâ—oters of their ordinances Chap. VII p. 371. 1 THe King of France wrong'd by this Councell iâ— point of precedence before the King of Spaine 2 3 The quarrell betwixt their Ambassadours at Trent about it 4 The Spanish party favoured by the Pope 5,6,7,8 And by the Councell 10,11 The King of France his right proved by Councels 13 Doctors 14 Even Spaniards 15 The Popes prevaricaâ—ion in the cause 16 Which is not yet decided Chap. VIII p. 377. 1 INdults and expectative graces utterly prohibited by this Councell 2 But tolerated by the lawes of France and practised there 4 All power in excommunications either for procuring or prohibiting them taken from Civill Courts and Magistrates by this Councell 5 Contrary to the law and custome of France Where the kings by their officers doe decree them 6 Or prohibit the execution of them 7 Thereby curbing the attempts of Popes 8 Prejudiciall to the lay Iudges 9 Censures and excommunications abused by Popes 10 And therefore opposed by Princes 11 A reformation required at Trent 12,13,14 And before that they might be used for petty matters 16 Yet no remedy obtained Chap. IX p. 383. 1 THis Councell disposeth of the goods of Religious persons Contrary to Law 2 Gives Mendicants leave to possesse lands contrary to their Order and its owne Decree 3 And the lawes of France Notwithstanding the Popes dispensation 4 This Councell cancels some leases of Church lands injustly because without the Kings leave 5 It ordaines about commutation of last Wils contrary to the lawes of France Chap. X. p. 385. 1 THis Councell commands all Clergie men to receive the Decrees without regard to their Princes consent 2 Contrary to the practice of other Councels 3 It denounces excommunications in case of refusall Requires an oath of obedience Disaâ—lowes toleration of Religion 4 Approves violence in rooting out heresies 5,6 And ordaines the Inquisition for them 7 Contrary to the Edicts of pacification in France 8 The prejudices done by this Councell admit of no qualification 9 And therefore it hath beene justly rejected Faults escaped Pag. Line Fault Correction 24. 37. preceed preside 31. 18. to staine â— to staine 40. 36. Trent Tyre 41. 34. Rhegno Rhegino 58. 9. a. dele 64. 21. Holynesse Highnesse  32. discords disorders 71. 43. Of Chartres Of the Charterhouse et 224. 5.   75. 24. Fontanus Fontanus hath put  marg Alberius Albericus 81. 3. exequeter one yeeros exchequer one yeares 83. marg Valoterran Volaterran 86. 41. Princes Provinces 94. 33. this in this 95. 9. Apostles Apostle 101. 40. rank instance 109. 24. gave have 121. 46. writ went 122. 53. Avarus Alvarus 125. 30. in into 130. 46. at as 159. marg Radericus Radenicus 166. 34. Sismand Sisenand 187. 10. Empâ—rour Emperours 191. 27. assembling ascribing to him 194. 13. commanded them that dele 222. 22. to wit dele 241. 2. that by that 251. 36. found founded 253. 26. blessed the blessed 257. 47. the. at the. 265. 5. they an the. and. 269. 3. to Popes to the Popes 278. 16. Monarchie Monarch 288. 42. you yon 293. 4. Doctour rings Doctours Kings  5. eight right  33. were they were 296. 42. Churches clutches 307. 21. honour under order over 310. 41. Iudges Royal Ordinaries Ordinarie Iudges Royall
Councell holden at Rome under Innocent the third at which were present Primates and Archbishops sixty one Bishops foure hundred and twelve and eight hundred Abbots and Priors In which Councell the said Pope did excommunicate Lewes the King of France his eldest sonne and all the Earles and Barons of England with their complices which conspired and rebelled against the King of England Philip Augustus knowing the excommunication said to Gualo the Popes Legat The Kingdome of England which the Pope pretended to be feudatary to him and thereupon proceeded to that sentence of excommunication never was nor is nor ever will be S. Peters patrimonie in as much as no King or Prince can give away his Kingdome without the consent of his Barons who were bound to defend it And if the Pope intend peremptorily to stand in this errour urged thereto by a desire of enlarging his dominion hee will give a bad president to all Kingdomes Whereupon the nobles of France seconding the words of their Prince begun in an instant to cry out with one voice That they would stand for that article till death And yet all this was against the decision of a solemne generall Councell Boniface the eighth saith Platina having called a generall Councell subjâ—cted Philip the Faire and his Kingdome to the Emperour Albert this was saith the Bishop of Consentia who relates the same story in the yeere 1302. Notwithstanding this decree of the Councell Philip the Faire did revenge himselfe upon Pope Boniface in such sort that if his violent death had not ensued upon it his proceedings had never been blamed nor condemned by any man Platina after he hath delivered the story at large gives him this elogy Thus dyed that Boniface who studyed rather to strike a terrour then religion into all Emperours Kings Princes Nations and people who laboured to give and take away Kingdomes to repulse and recall men at his pleasure insatiably thirsting after an incredible masse of money which he had raked together by hooke and crooke Wherefore let his example be a lesson to all governours religious and secular not to rule their Clergie and people proudly and disdainfully as the man we speake of did but piously and modestly Benedict th' eleventh who succeeded this Boniface being informed of the justice of the cause of our King absolved him from the interdict whereto both himselfe and all his Kingdome were subjected and besides set forth a declaration for the exempting of the Kingdome of France from that power which Boniface by his Decretall did arrogate to himselfe over all Empires and Kingdomes whatsoever and for the preserving of it in the ancient rights and liberties thereof 16 Pope Iohn the twenty second say the German Chronicles having called a Councell at Avinion of Bishops and Cardinals not a fâ—w passed the sentence of excâ—â—munication upon Lewes the Emperour and gave his reasons in his Bâ—ll â—gainst Lewes because he had aided heretiques and schismatiques and had ever been a favourer of rebells And besides he denounced the sentence of excommunication against all those that did not sequester themselves from his company and of deprivation of their benefices and dignities against such Priests as should celebrate divine service in his presence The Author addes one thing very remarkable These proceedings saith he of the See of Rome were in those daies of great efficacy for it was a crime inexpiable to be of another opinion then thâ— Pope of Rome yet were there some notwithstanding who â—ided with Lewes without any regard of the excommunication but these not very many for in an imperiall Diet called afterwards by the Emperour to see if hee could finde any reliefe against that sentence all the world was frozen-hearted and crest-falne All the refuge that poore Emperour had was in a few Lawyers who stoutly defended his right and thereby confirmed most of those who were wavering Lewes had saith the same Chronicle some Doctors both of the Civill and Câ—non Lawe who were of opinion that the Popes sentence was null and invalid which opinion of the Doctors was a meanes why divers did not abandon him See here how the Emperours party notwithstanding his right was at first but very weak yet afterwards grew so strong that every one openly rejected the unjust decree of the Councell The Estates assembled at Francford the yeere 1338. did cancell and disanull all these lawlesse proceedings by a faire decree which wee may read at large in Nauclerus Provost of Tubinge wherein are set downe all the authorities and reasons in law against the forementioned sentence and processe with this close By the advise and consent of all the Prelats and Princes of Germany assembled at Francford wee decree that the former processe be void and of no effect and pronounce a nullity upon them all One of our commentators affirmes that even in the Court of Rome where himselfe afterwards was many Prelates and many laiques well skilled in both the Lawes did hold that the Emperour was wronged To bee short there was not one till Pope Benet the twelfth who succeeded Pope Iohn that did not disrelish that processe and yet it was done in a Councell The Councell which was begun at Ferrara 1438 and continued at Florence was never received and approved of in this Realme of France The Bishop of Panormo tells us so The King of France saith he did expresly forbid upon great penalties that any of his dominions should goe to Ferrara to celebrate the Oecunmenicall Councell Charles the seventh telles some Cardinals downright so who were sent Ambassadours from Eugenius and were come to Bruges to get him to accept of it and amongst others to present him with this Article That since such time as it was translated to Ferrara the King should reject the Councell of Basil and receive the Councell of Ferrara with the acts thereof Whereto he made answer after six dayes deliberation with his Prelates and others assembled at Bruges That hee had received the Councell of Basil for a Councell indeed that he sent his Ambassadours thither that many things were there wisely determined concerning faith and mannersâ— and such aâ— hee liked well of But for that of Ferrara hee never did nor never would take it for a Councell 17. These articles and answers are extant in the workes of Nicholas de Clemâ—ngiis And yet for all this Clement the seventh styles this the Eighth Generall Councell For marke how he speakes of it in his Bull of the 22. of Aprill 1527. directed to the Bishop of Farnasia Wee cannot chuse but lâ—nd you our assistâ—â—ce in the impression of the Acts of the eighth Generall Councell held at Florence which you have translated out of Greeke into Latine True it is that Laurence Surius disavowes it when he saith it was not well said to call it the eighth Councell because that 's not it's place He wist not haply that a Pope so saith Bellarmine them to a
that whatsoever they can urge concerning this point hath beene heretofore urged to our precedent Kings but in vaine and with no effect for they would never give eare to the publication of a thing so dangerous both to the Church and State CHAP. II. Of the instances which have beene made unto the late Kings for the receiving of the Councell of Trent 1 THe Councell of Trent was no sooner finished but Charleâ—â— the ninth was moved by the Ambassadours of Pope Pius the fourth of the Emperour the King of the Romanes the King of Spaine and the Prince of Piemont to keepe and cause to be kept within his Dominions the Canons and decrees of that Councell Marke the very Article of their ambassage The first point is that they have sollicited the King to observe and cause to be observed in all his Kingdome Countries places and Signiories within his Dominions the articles of the holy Councell lately holden at Trent which they had brought with them And to the intent they might be read unto him and an oath administred before the delegates of the said Councell the King was appointed to appeare at Nants in Loraine upon our Ladies day in March where the said Grande's would likewise appeare they and all the Kings and Princes of Christendome where they determined to make an universall law like to that which was was enacted and agreed upon at the said holy Councel for the extirpation of heresies and uncouth doctrines such as should be found repugnant to the holy Councell aforesaid 2 They made also some other requests unto him as that he would put an end to the alienation of the temporall goods of the Church that he would cause the ringleaders of the seditious and schismaticall persons in his Dominions to be punished that he would revoke the pardon and absolution granted by his proclamation especially in respect of such as were guilty of treason against the Divine Majestie that he would put his hand to the sword of justice for the punishing of the murther committed upon the person of the late Earle of Guise To all which demands he made answere by writing in this sort I thanke your Masters Majesties for the good and commendable advice they give me and you also for the paines which it hath pleased you to take in that behalfe giving you to understand that my very purpose is to live and cause my people to live according to the ancient and laudable custome kept and observed in the Church of Rome and that the peace which I made hereupon was to cleare my Kingdomes of the enemie and for the present my desire is that justice be observed in all places of my Dominions But I intreat them to hold me excused for a reason which I shall send unto them in writing and because I will have the advice of the Princes Lords and persons of note of my Counsell which I will call within these few dayes for that purpose 3 It was determined by the Counsell not to hearken to these perswasions and impressions and that not only now but afterwards also in the yeere 1572 when Cardinall Alexandrino the Popes Nephew came forth of Spaine into France with commission to reinforce this instance And yet this King may seeme to be more obliged herein then his successors considering how hee had bestirred himselfe for the continuation of the Councell ever since his coming to the Crowne and how he had sent his Ambassadours and Orators to it and had caused the Bishops and Abbots of his Kingdome to goe thither As appeares both by his letters writ to the Councell and by the relations of his Orators more particularly by that of the Lord of Pibrac As for the reasons of his refusall wee shall speak of them anon 4 King Henry the third was entreated and urged in this point severall times not only by the Pope but also by the Clergie of his Kingdome who never ceased hammering of this iron yet could they not worke it to their liking Monsieur Arnalt of Pontac Bishop of Bazas doth testifie as much in an oration of his delivered the third of Iuly 1579 This thing saith he speaking to the King about the receiving of the Councell for which the Clergy hath many times heretofore petitioned you and namely in the last generall assembly of the States holden at Blois He meanes especially that in the yeere 1576. where Monsieur Peter Espinac Archbishop of Lyons in an oration made by him in the name of the State Ecclesiasticall of France speakes thus unto the King They most humbly desire you that according to their more paâ—ticular requests exhibited in their Remonstrancesâ— you would authorize and cause to be published the holy and sacred Councell of Trent which by the advice of so many learned men hath diligently sought out all that is necessary to restore the Church to her primitive splendor Wherein Sir they hope and expect from you as a most Christian Kingâ— and most affectionate to the Church of God the assistance of your authority to put this reformation in execution And here it is worth observing that diverse Ecclesiastickes were of opinion That the publication and observance of the said Councell might be required without any prejudice to the liberties of the Gallicane Church with exemption of the jurisdiction of the Cathedrall Churches of this Kingdome which they enjoyed at that present and of such priviledges and dispensations as they had already obtained and not otherwise Whereupon a protestation was drawne the 23. of December in the same yeere and afterwards printed 1594. the 26. of that moneth Certaine delegates of the Church appeared in the Councell and exhorted the three Estates to tolerate but one religion viz. the Catholique Romane and the Councell of Trent and to take a view of those Articles which are generall and common to all the three Estates to have them collected into one scrowle and authorized by the King to make them more authentique Yet for all this nothing was done as appeares by the report afterwards set forth in print 5 The same request was againe repeated by the Clergy of France assembled at Melun in Iuly 1579. as appeares by the speech made before the King by the prenamed Lord Bishop of Bazas out of which wee have extracted these words The Clergy humbly entreateth your Majestie that it may be lawfull for them by your authority to reduce Ecclesiastical discipline and reforme themselves in good earnest Amongst all the rules of reformation and discipline they have pitched upon those which were dictated by the Holy Ghost and written to the holy generall Councell of Trent in as much as they cannot finde any more austere and rigorous nor more proper for the present malady and indisposition of all the members of the body Ecclesiastick but chiefly because they are tyed and bound to all lawes so made by the Catholick Church upon paine of being reputed schismaticall against the Catholick Apostolick Church of Rome and
the observation whereof was necessary for the Ecclesiasticall policy but suppressing the name of the Councell they decreed the very same things in the Parliament at Blois 1579. a plaine proofe that it was rejected by the common consent of all France Which is evidently verified by comparing the Decrees of that Councell with the Articles of this Assembly as in those places where they speake of the residence of Bishops the maintenance of Curats erection of Schooles and Schoolemasters the bringing of exempted Monasteries under the visitation of certaine congregations the age required in religious men and women before they professe the age of such as enter into holy Orders the visitation of Monasteries by Bishops the reinforcing of the cloysture of religious houses Prebends for Divines asking the banes of Matrimony before Marriage and such like Yea more in many of these points they derogate from the Decrees of the Councell and prescribe quite different from that which is there set downe The like was done before by an ordinance at Orleans set forth in the time of the Councell 1561. Whereby our Kings have showne the power they have in matters of Ecclesiasticall discipline and the sleight regard they had to that silly Conventicle 21 We will conclude then that seeing two of our Kings very zealous in their religion assisted by a Councell no way lyable to suspicion would yet never give way to this publication so often entreated desired and urged from them it must needs follow that this Councell comprehends something prejudiciall to this State considering withall that all the mitigations which are sought after now adayes were then proposed as namely that it might bee received without any prejudice to the liberties of the Gallicane Church and without ever drawing the sword against those of the Religion which are the two maine plaisters which seeme to salve up all the badnesse that is presumed to ly lurking in it It remaines now that we shew the true reasons of this refusall which we shall doe by laying downe the nullities which are both in the forme and matter of it CHAP. III. That the Pope being a party could not call the Councell nor preside in it and that there was an appeal from him 1 ANullity in the forme of this Councel is argued first from this that it was called by the Pope and that he did preside in it yea and did deferre and transferre it at his pleasure The plea hereupon is this That the Pope was a formal party that it was he was urged to a reformation and therefore it is said that he could not be judge in his owne cause and that he should have left both the one and the other to the Emperour according to the opinion of a great Doctour of the Canon law who after hee hath concluded that the calling of a Councell belongs to the Pope addes notwithstanding that in default of the Pope that right belongs to the Emperour now there can be no fairer opportunity than when the Pope is taken for a party Another Doctour saith that the defect of that power in the Church is supplyed by the Emperour And another yet that when the controversie is touching the Pope and his cause then his authority is not requisite for the calling of a Councell It is a rule of law received amongst the Canonists themselves that when the will and consent of any man is required to some act such requirall hath no place then when a point is pleaded against himselfe 2 Ludovicus Barvarus and all the States of Germany with him doe plead this nullity against the sentence and proceeding of Iohn the 22. and of his Councell The third reason saith he is because no man ought to bee judge in his owne cause and doe justice to himselfe but it is a plaine case that this said Iohn pretended to have a plenitude of power over us and our Empire even in temporall matters and did actually conspire against us and the lawes of the Empire which he attempted to usurpe and caused us to be pursued like an enemy 3 The glosse upon the Canon law saith in expresse termes that the Pope cannot bee both judge and party in any case whatsoever Hence wee collect saith it that if the Pope be at variance with any body he ought not to be judge himselfe but to chuse arbitrators Some of the Canonists have written also that when the Pope is accused of false doctrine hee hath no more power to call Councels All these reasons hold good supposing the Pope to have by right the power of calling generall Councels which yet is denyed as we shall prove more at large in another place Besides there were some appeals put up from the Pope to the Councell as is related by Sleidan in the first of his Commentaries Luther saith he being advertised by Cajetans loâ—ters that they would proceed against him at Rome he thereupon drew a neâ— appeale November the 28. and a little after being pressed and pinched with extreame necessity hee was glad to appeal from the Pope to a future Councell And also by the Archbishop of Cullen being excommunicate by Paul the third 1546 because he went about to reforme his Church contrary to the Bull set forth by Leo the tenth against Luther and his adherents appealed thereupon to the future Councell 4 Wee have discoursed in the last book saith Sleidan how the sentence of excommunication was denounced by the Pope against the Archbishop of Cullen upon the sixteenth of April who having câ—rtaine notice of it the fourth of November he put forth a book presently after wherein he gives his reasons why hee refused the Pope for his judge because hee had stood a long time accused of heresie and idolatry Wherefore hee appealed from his sentence to a lawfull Councell of Germany wherein he protested so soone as it was opened he would implead the Pope as a party and prosecute against him The Protestants as is well known did the like diverse times There was also another appeal to a future Councell put in by the Vniversity of Paris May the 27. 1517 about the repealing of the Decrees of the Councell of Basil and of the pragmatique sanction by Leo the tenth In the act of which appeal these words are inserted Wee the Rectour and the Vniversity finding our selves grieved wronged and oppressed as well for our selves as for all others subject to our Vniversity and all such as will take part with it doe appeal from our holy father the Pope ill-advisedâ— to a future Councell lawfully assembled in a safe place whither we may freely and boldly goe about the abrogation of the Councell of Basil and the pragmatick sanction lately set forth by these new decrees Notwithstanding which appeal the Pope was set over the Councell by the Fathers assembled at Trent Now it is a thing never seene nor heard of that hee
the Cardinals and the Popes minions Guicciardine saith his sister Magdalen had a good share of it and that it was not done in hugger mugger 4 Besides they served themselves of these Croisada's and indulgences to wreake their malice or strengthen their purposes to the disturbance and confusion of all Christendome An English Monke of good credit tels us how Vrban the second had this bad designe when hee caused the conquest of the Holy Land to be undertaken at the Councell of Cleremont In the yeer of grace 1095 saith he Pope Vrban the second who sat in the See Apostolique having passed the Alpes came into France the cause of his comming which was publiquely given out was that being chased out of Rome by the violence of Gilbert hee came to sollicite the Churches on this side the mountaines to assist his Holynesse but his more private end was never given abroad which was that by the advice of Boadmond he might stir up all Europe to make war in Asia to the end that in the generall hurly burly of all Provinces Vrban might with case possesse himselfe of Rome and Boadmond of Illyrium and Macedonia after they had consulted with such as were to assist them 5 Alexander the fourth turned the vow of Ierusalem into a vow of Apulia in the case of Henry the third King of England that is a crosse of devotion into a crosse of revenge The Pope gave his Legats power to absolve the crosse-bearing King of his vow dispensing with him for going to Ierusalem alwayes provided that he should goe into Apulia to make war upon Manfred the son of Frederick late Emperour an arch enemy of the Church of Rome The English authour who relates this story complaines in another place that the tenth was granted for the reliefe of the Holy Land and we are compelled to turne it to the aid of Apulia against the Christians 6 A Croisada for the conquering of the Holy Land being resolved upon at the Councell of Vienna under Clement the fifth Philip the Faire and his three sons as also Edward King of England tooke up the crosse to go thither in person with an infinite number of men besides Then did Pope Clement saith an old French Chronicle grant great indulgences to such as could not goe but on condition that they should finde money for that use So as he that gave a penny was to have one yeers pardon he that gave twelve pence twelve yeers pardon and he that would give as much as would maintaine a man going over seas a plenary pardon for all And the Pope appointed certaine men whom he put in trust for the receiving of this money A man cannot conceive the great summes of money that were given for the purchasing of these pardons for five yeeres together And when five yeeres were gone and past and the good men were ready to goe and performe what they had promised and vowed the businesse was brooke off but the Pope kept the money the Marques his Nephew had a share of it and the King and other who had taken the crosse stayed here at home The Saracens there are in peace and quietnesse and I thinke they may yet sleepe securely 7 The same Pope Leo whom we spoke of before caused in his time the tenth of all Ecclesiasticall revenues to be levied in some places under colour of defending the Christian Common-wealth against the Turk but indeed to put it into his owne purse This was the cause he found such strong opposition in Spaine that it was thâ—re resolved by thâ— Clergy Synodically assembled that they would not pay any thing to it The Arâ—hbishop of Toledo did presently interpose and told the Pope by his Proctour that if his meaning was to make war against the Turk he should declare himselfe openly which done they would imploy the best of their abilities but not otherwise Which the Pope perceiving he disavowed the act of his Legat in Spaine in requiring the tenth because said he he was too hasty and it should not have been levied yet But let us heare the Spanish authour himselfe tell the story Nor did bee use lesse diligence speaking of the Archhishop of Toledo in appeasing the commotions of the Clergy which were then a foot by reason that Pope Leo the tenth by authority of the Lateran Councell required the tenth part of the commodity of their benefices of the Clergy It was demanded under colour of defending the Christian Common-wealth for when it was supposed that Selim Emperour of the Turks having conquered the Sultan of Egypt and put him to an ignominious death would bend his forces against Italy the Pope in the last act of the Lateran Councell treated with the Fathers there to have the tenth of their benefices for three yeers to defend the sea coast and fortifie the passage against the enemy to the utmost of his ability This was denyed him by divers who thought it very hard to see their livings overcharged in that kinde contrary to the decrees of other Councels and the constitutions of the Popes especially seeing Christian Princes to whom the frontiers belonged were not mustering any armies nor made any semblance of war The Pope on the otherside maintained that there was the like necessitie now as at the Councell of Constance under Martin the fifth For what greater cause could there be to move them than the preparations of the publique enemy of Christianity for the invading of Italy and Rome The Clergy of Aragon who were imboldened by the Bishop of Saragossa the Kings Lievetenant there and liberty which all in that Kingdome enjoy at their meetings in provinciall Synods determined to deny the payment of those tenths But forasmuch as it neerly concerned them to take the authority of the Archbishop of Toledo along with them who was in great account with the Pope aswell the Bishop of Saragossa as the other Bishops of Aragon intreated him by letters to undertake the cause of the Clergy and that he would not suffer being such a potent man in the Province as he was wherein he outwent all his Predecessours the immunities of the Clergy to bee so farre prejudiced Ximenius who had taken order that it should not be put in execution in Castile answered them courteously and with all mildnesse promising them that he would doe whatsoever lay in his power for the preservation of their Ecclesiasticall liberty But in the mean time he advised them to dissolve their assembly and expect in patience what would be the event of things that he would treat with the Pope and the Emperour Charles hereabout and that he hoped the issue would be to their content Whereupon he thought fit in the first place to acquaint the Emperour to whom he writ his advice to this effect That seeing the Clergy of Aragon had begunne to oppose by calling of Synods that ours may have the like assemblies to examine the grounds of these exactions and try whether that
of the Popes of the ambiguity of them and the controversies which arise from thence he addes It is hard to finde any one though he make his title to appeare as clear as the day that goes away with a living without all dispute For then they thinke their Court to be most flowrishing and fortunate when it rings with a multitude of causes suits quarrels and wranglings with a wild and furious noise and on the other side to bee lame miserable and forsaken when it wants suits and is at quiet when the incumbents doe peaceably enjoy their right 4 Cardinall Cusan in his booke De concordia Catholica saith Wee know the great noise of suits in the Courts both Ecclesiasticall and Civill bring much hurt to the Common-wealth by reason the suits are so intricate and endlesse but especially for that causes are not ended and determined in those places where they were first conceived in their owne Countrey but are oftentimes drawne to the Court of Rome and that upon every triviall point that concernes benefices whereas none but causes of importance ought to be brought thither 5 The Parliament of Paris in the Remonstrance made to Lewes the 11 in behalfe of the liberties of the Gallicane Church and for the retaining of the Pragmatique Item in very deed if these constitutions were not there would not be a Clergy-man certaine of his estate For proofe whereof wee may remember how they of the Court of Rome have behaved themselves herein after it was repealed by the King For they not onely tooke upon them the cognizance of causes Ecclesiasticall but also of causes concerning right of inheritance yea and of causes royall the cognizance whereof belongs to the King and his Court of Parliament as hath beene seene in many particular cases where the Court sent to the King in Guien and there the King provided for them by remarkable Edicts which were registred and published in the said Court Item to prove that it is a depopulation of the Kings dominions it is certaine that before these decrees and constitutions were made by reason that reservations and donations in reversion were in force and the cases tryed in the Court of Rome the subjects of the Realme left their Countrey in great numbers some to serve Cardinals others to be officers others wanting service spent that meanes which their parents left them to to purchase some favour there and others in great abundance to vex and trouble those that stayed at home to get their benefices insomuch that what by the tediousnesse and danger of the way what by reason of the plague which is commonly at Rome the most of those that went thither dyed and those that escaped these perils so molested with citations old feeble persons residing upon their livings and such as were not able to defend themselves that by reason of these vexations they shortned their dayes and dyed sooner than they would have done by the common course of nature Item Others ambitious of preferments exhausted the purses of their parents and friends leaving them in extreme poverty and misery which was sometimes a cause of shortning their dayes and all the gaines they got was a peece of lead for gold and when they thought to be preferred by their patents in comes another with an annullation and sometimes you might find ten or twelve grantees of the same beneficeâ— and upon the controversie thence arising all enforced to trudge to Rome againe to plead the case there to the continuall vexation of the subject and the dispeopling of the Realme 6 S. Bernard also exclaimes hard against these suits arising in the Court of Rome for addressing his speech to Pope Eugenius the 3 he saith What means this I pray you to plead from morning till night or to hearken to those that plead with my consent let malice bee content to take up the day but the very nightâ— are not free there is scarse so much allowed to the necessity of nature as will suffice for the repose of this poore bodie it must rise againe for these wranglers one day begetteth suits to another and one night certifieth his malice to another 7 In another place he complaines of the great multitude of appeals which â—low to Rome from all coasts of the world How long must it be before you awake and consider such a mighty confusion and abuse of appeals They are commonly practised without either right or reason beside all order or custome without any distinction or difference of place manner time cause or person they are easily admitted and ofttimes impiously Those that would bee wicked were they not wont to be terrified with them but now they on the contrary doe affright others and especially honest men with them goodmen are appealed by knaves to hinder them from doing good and they give off for the awe which they beare to the voice of your thunder Lastly appeals are put up against Bishops that they may not dare to dissolve or forbid marriages appeals are put up against them to hinder them from punishing or curbing rapines robberies sacriledges such like crimes appeals are preferred to hinder them from putting backe or depriving unworthy and infamous persons of sacred offices and benefices Which hee afterwards proves by such examples as befell in his time which wee passe over 8 Hildebert Archbishop of Tours exhibited the like complaint to Pope Honorius the second in these words We never yet heard on this side the Alps nor found any such thing in the sacred Canons that all sorts of appeals should be received in the Church of Rome but if haply any such novelty bee crept in and it be your pleasure to admit all appeals without distinction the Papall censure will be undone by it and the power of Ecclesiasticall discipline will be trampled under foot for what royster with not appeal upon the least commination of an anathema What Clerk or Priest is there which will not defile or indeed which will not bury himselfe in his owne excrements upon confidence of his frustratory appeall by virtue whereof the Bishops cannot presently punish I say not all sorts of disobedience but not any at all The least appeals will break his staffe rebate his constancy quell his severity in putting him to silence and the malefactours to an impunity of offending 9 They not only enâ—ruate the ordinary jurisdiction of Bishops and other Ecclesiastiques by their appeals but also by other wayes without sparing of those that breathed nothing but the greatnesse of Rome as amongst others Ivo Bishop of Chartres who after hee had done much good service to the Court of Rome insomuch that he cast himselfe out of favour with his Prince and did many ill offices to France was finally compelled to make make his complaint that a cause of his depending before the Ordinary was removed to Rome by an extraordinary way And likewise that the ordinary course of justice is
defeated and stopped by Apostolicall letters and rescripts The German Nation framed likewise a complaint concerning this point and presented it to the Emperour Maximilian The causes say they that might be determined in Germany where there are both just and learned Iudges are removed to the Court of Rome withouâ— any distinction 10 The Popes have likewise gone about to usurpe the Lay jurisdiction and to draw unto them all sorts of Lay men even in profane maâ—ters whereof the States of Germany made a grievous complaint also which we will here insert Seeing that not only the grounds of equity but also the ordeâ— of things doth require that the bounds of jurisdictions be distinct and limitedâ— and that every Ordinary content himselfe with his owne bounds without entrenching one upon another in the exercise of their jurisdiction yet the Popes heretofore never considered this equity but sleighting it have oftentimes cited Laymen to Rome and made them appeare in judgement before them and that evâ—n in causes profane as cases of inheritance or morgages and those of the first rank Which thing tends to the losse dammage and mispâ—ision not onely of those that are summoned but also of the states of the Roman Empire and to the disgrace and infringing of its jurisdiction Item when any man offers to affirme upon oath at Rome that he doth not expect that he can obtain justice of his competent Iudge in Germany he is forthwith admitted to take that oath and letters are granted to him to set his adversary a day and so the suit is removed from Germany to Rome without ever any request made to the Iudge or notice given to the party Whereupon under pretence of this oath neither the reasons of not proceeding nor any other proofes are admitted although it may bee plainly convinced that the adverse party is perjured Which thing if it take any deep root and be not remedied in the beginning all causes in fine will bee devolved to the tribunall of the Court of Rome and all Ordinaries deprived of their jurisdiction which would be both unjust and untolerable 11 Wee will here set down by way of commentarie on these Articles the severall usurpations which the Popes have made upon Lay men in point of justice and jurisdiction The Glossatour upon the Canon Law freely confesseth That the Pope doth daily give out writs to Clergy-men against Layiques in all causes whatsoever and by this meanes getteth the jurisdiction of the other The Parliament of Paris urgeth this usurpation in their Remonstrances to Lewes the eleventh Item the Clergy would not only be molested by citations from the Court of Rome but the Seculars would be like the Barbour before S. Dennis of the Charter who lost his son in the Court of Rome by the Pestilence and the Father was afterwards summoned into the Court for his sonnes debts as also M. Iohn d' Argonges the Kings Advocate One of our old Lawyers toucheth this very usurpation Observe saith he speaking of the exception in case of excommunication that this was invented by the Pope for another reason to wit that his power might be therein enlarged as well in the Civill Court as the Ecclesiasticall which ought rather to be restrained than augmented inasmuch as the psalterie doth not agree well with the Iettren 12 Other Prelates have done the like after the example of their Head witnesse the complaint of M. Peter de Cugueres against the Clergy of France Although the cognizance of Lay men belong to the Secular Iudge excepting in spirituall cases yet the Bishops Officials cause them to be summoned before them upon the demand of the parties and if the said Lay men decline the jurisdiction of those Officials or those Lords whose subjects they are require that they may be dismissed as being their temporall Lords and Iudges the said Officials refuse to do it and compell the parties by excommunications to proceed before them Hee quoteth many other cases in divers Articles which the reader may see in the Authour CHAP. VIII Of Ecclesiasticall informations and of the Popes Commissaries and Legates 1 THe chiefe meanes whereof the Popes have served themselves against Laymen to get the jurisdiction over them even Kings and Princes have beene Ecclesiasticall denuntiations for upon complaint and information made unto them against a Layman they would cause him to be summoned before them namely then when there was any oath in the businesse or any sinne might follow upon it which commonly fell out in all causes And suppose all this failed the Plaintife needed but sweare that hee looked for no justice from the Lay Iudge as the articles of the States of Germany have it 2 Wee have a pretty example in Philip Augustus King of France who having some difference with King Iohn of England surnamed Lacke-land concerning the Dukedome of Guyen and Earledome of Poictiers which Philip supposed to belong to him because homage was not done for them and concerning the Dukedome of Brittaine which was confiscated unto him by the murther of Arthur King Iohns Nephew whom he had killed hee was summoned to Rome by Innocent the third upon the information made by Iohn supposing that the Pope ought to have the determining of their controversie by reason of an oath upon the setling of the lands formerly made betweene the two Kings and the violation thereof concerning which hee writ at large to the Bishops of France that they would approve of his proceeâ—ings which was so well liked by his successors that they canoniz'd his Decretall which neverthelesse hath beene disliked by some Devines And for the Canonists some of them have said that the Protestation which he makes at the beginning of it contradicts the Act it selfe in as much as he declareth that hee will not meddle with the jurisdiction of the Kings of France which neverthelesse hee did for the feudall differences being determined by the Peeres of France betwixt Philip the Lord and Iohn the Vassall yet the Pope would have his Legats to have the cognizance of them for heark how he speakâ— That Philip would patiently suffer the Abbat of Casemar and the Archbishop of Bourges to have the full hearing whether the complaint put up against him be just or his exception legall The observations of learned Cujacius up 〈◊〉 that Chapter are remarkable He protesteth saith he doing one thing anâ—â—etending another not to intermeddle nor usurpe the cognizance of the fieffs beloâ—ging to the King which he knoweth to appertaine to the King and the Peeres of France but onely to have the cognizance of the perjury And he afterwards addes All this he wrote to appease the Prelates of France and beare them in hand that he proceeded justly against their King and put all his Kingdome in an interdict upon this occasion yet for all that he gained nothing by it 3 In the time of Saint Lewes a great complaint was made against Innocent the fourth
Donation of Constantine he was but one of the Councel of Basils frogs but this he pronounceth as Pope that is as one who is now better advised having all wisedome both divine and humane in his pantosâ—e and all law in his budget 16 I will not now spend time upon answering the arguments which Bellarmine brings out of holy Scripture to make the Pope above a Councel As Thou art Peter Feed my sheep Ergo the Pope is above a Councel Item The Pope is the Head the Steward the Shepheard the husband or spouse of the Church Therefore he is above a Councell Part of which have been confuted by the Councell of Basil in the Acts collected by AEnaeas Sylvius and part by many other Doctours which writ since Besides the solution of them may bee gathered out of those places which wee have here above transcribed out of the opinions of the Vniversities of Germany and Poland 17 We have also made answer alreadie to that which is urged of the Councels of Sinnesse and Rome That the Primier See that is the Pope cannot bee judged by any man and we have shewed that this is meant of particular persons or of Provinciall Councels at most Besides that wee have divers examples of their judgements in which this maxime was never determined Adde further that we have made it evident by an infinite number of examples that divers Popes have beene judged even for other crimes than heresie 18 But the most pressing argument of all is that which hee collects out of the letters of certaine Easterne Bishops writ to Pope Leo the first and the Councel of Chalcedon joyntlie and that during the celebration of that Councell in the inscription whereof they put the Popes name before the Councels and yet the Fathers there assembled to whom these letters were presented never complained of it saith Bellarmine Hee had great dearth of good arguments when he flies to such as these By the very same reason the Archbishop of Constantinople must bee above the Councel whose name is put before the name of the Councel in the letters of Eusebius Bishop of Doryleum To the most holy and most blessed Archbishop Flavian saith hee and to the holy Councel See here the Patriarch of Constantinople as good as the Pope and by consequent Pope Leo who pleaded the contrary in that very Councel hath lost his right by Bellaermines judgement If he should have said so much in his time it is a hazard hee had never beene Cardinal so highly was the Pope displeased at the judgement of this Councell Another Bishop puts the names of the Pope and of the Patriarches of Constantinople and Antioch all before the name of the Councell in a letter of â—is The Councell of Chalcedon writing to Pope Leo puts it selfe before him and on the contrary writing to the Emperours Valentinian and Marcian puts it self after them all in the same Session Bellarmine knowes also very well that the Emperour Iustinian writing to Pope Iohn puts his name of Emperour before that of Pope and that Iohn also puts it before his in his answer It is true the glosse spoiles all which saith This would not be so now adayes Wee know Pope Adrian the fourth had a great quarrell with the Emperour Frederic about it who had beene so bold as to put his owne name before the Popes in the letters which he writ whereof wee have spoken elsewhere But our predecessours went not so precisely but in writing one to another they put their owne names sometimes before sometimes after as wee could make it appeare by many examples if it were worth the while 19 Bellarmine addes that the Councell of Chalcedon it selfe hath acknowledged this for true when they call the Pope their head and themselves his members Yea but they were to blame to put the head under the feet in that inscription which we urged Wee have said before in another place that hee is called the head because hee was the first in degree of honour amongst the Clergy because he sate in the first place amongst the Bishops Others say because hee is the head of particular Churches but not of the Vniversall represented by an Oecumenicall Councell All the other arguments which hee brings are refuted by us in divers places saving only those which are drawne from the authority of Popes whom wee desire to forbear aswell from giving evidence as from passing sentence seeing their owne cause is in question A REVIEW OF THE COVNCELL OF TRENT BOOKE V. CHAP. I. Of Indulgences THe Pope hath usurped such an excessive power in point of Indulgences that there is not a good Catholique but is sory for it I will not here dispute whether these indulgences bee profitable or no and whether hee hath power to grant them or no I leave that question to Devines My aime is to shew that this Councel did not satisfie the desire and hope of Catholiques The abuse which the Popes have committed in matter of Indulgences and which they commit every day is notoriously known to every body as also the complaints that have beene made of it The Popes have undertaken to pull soules out of Purgatory by commanding the Angels to take them forth and to carry them into Paradise Wee have set downe the Bull of it in another place As for the plenarie pardon of all sinnes with this expression be they never so hainous this is ordinary with them not only at the great Iubily which they reduced from an hundred yeares to fifty from fifty to thirty from thirty to twenty five and ere it be long they will abate yet a little more of the terme to the intent that they may augment their Court and oblige every body to come thither the oftener but also in their particular Buls which they grant out That of Sixtus the fifth of the year 1588 granted to the Catholiques of this Realme of France makes proose of it which gives the Curats and Confessours power To absolve from all crimes sinnes and excesses be they never so heinous with many others which I could alledge containing bolder clauses than that which not long since have with scandall beene presented to open view 2 But that which is yet more to be condemned in them is that the Popes doe not only give remission of sinnes already committed but also of such as are to be committed Which is a meanes to oblige all the base raskals in the world unto him and to give them occasion to redouble their crimes and misdemeanours to rob with foure hands to kill father and mother to set upon their Lords and Maisters to violate the authority of their Princes and usurpe their Dominions For provided they can make their party stronger and that they be devout towards the Holy See there will be no want of an indulgence yea even without that alwayes provided they pay their rent 3 The Clergy of Leige in their epistle directed to Pope
reformation which were reserved for the last course of the Councell this was one Of Dispensations But Martin the fift made them take away the table before they had done their dinner as we have said elsewhere 10 Mr. Iohn Gerson in his treatise De potestate ecclesiastica saith What think you what shall we say for the present of that so easie dispensation as they speake of granted by the Pope and the Prelates over lawfull oathes reasonable vowes for the excessive plurality of benefices the generall non-obstance of Councels the priviledges and exemptions against common right Who can number all the wayes whereby the force of Ecclesiasticall yea of Evangeliall discipline is enfeebled consumed and quite annihilated By my advice the holy Councell should provide for all these things And so it would have done but Pope Martin was urged to goe to another place Speaking of the deniall of justice wee have said many things which may be referred to this place but we will not repeat them 11 The Deputies of Paul the third whom he appointed to advise him concerning the reformation of himselfe and his Court begin with this article as one of greatest importance Wee are of opinion most blessed Father that in the first place this law ought to bee observed in all things That lawes bee kept as much as may be and that we thinke it not lawfull for us to dispense with lawes unlesse it be upon urgent and necessary occasion For there cannot bee a more pernicious custome brought into any Common-wealth than the not observance of lawes which our ancestors would have to be accounted holy calling their power sacred and divine You know all things O best of Popes you have read so in Philosophers and Devines There needs no more but to put that knowledge in practice 12 He that would fully informe himselfe of their practice and proceedings in this regard let him read the faculties of the Legats which have come into France and other Countries as also the Penitentiary taxe whereof wee have spoken elsewhere and what Doctor Espenseus saith of it upon the Epistle to Titus The instructions of the Ambassadours and Oratours of the Emperour the King of France and other Christian Princes sent to the Councell of Trent had this in charge also to complaine of these scandalous dispensations to the end that an order might be taken with them See here enough to make them take them into consideration Let us now see the remedies they applied being they were fully informed of the nature of the disease In the seventeenth Chapter of the twentie fourth Session they straitly prohibit the pluralitie of benefices and that all unions all dispensations to the contrary notwithstanding But in another place they renew the Decretall of Gregory the tenth which binds forsooth such as hold a pluralitie of benefices to exhibit their dispensations unto the Ordinary to make it appeare Now if they be sufficient the Ordinaries have no more to say Yea in case the validitie of them be doubtfull recourse must be had to the Pope for the manifestation of his pleasure In another place having religiously forbid hereditary successions in Bishopriques which have beene alwaies condemned at last they admit of them in certaine cases but with cognizance of the cause which they attribute to the Pope They make one or two faire Decrees concerning the residence of Bishops but they give the Pope power to approve the causes of their absence and upon that occasion to punish those whom he shall thinke good even to deprive them of their Bishopriques and put others in their place In the twentieth Chapter of the last Session they leave Commendams in their full force and vigour howbeit they made semblance that they would abolish them in the 17 Decree of the twenty fourth Session They were desired so to doe by our Kings Oratours as wee have said in the proper place But all this was neither here nor there For lay men must meddle with other matters as one of the Presidents of the Councell said But see here that which makes all fadge We must set downe the whole Chapter the better to collect the sense of it That such dispensations as shall bee granted by what authority soever if they must bee referred from the Court of Rome let them be referred to the Ordinaries of them that obtained them and that such as have bin freely granted do not take effect unlesse the Bishops as delegats for the See Apostolique have the cognizance of them and that it appear unto them presently and extra judicium that the prayers and entreaties therein expressed are not lyable to the fault of subreption or obreption 14 This Decree hath two parts the one as commendable as the other The first speaks in general of all dispensations and tacitly by necessary consequence permits the Pope to use them For it were to no purpose to provide for the ordering of them unlesse they were permitted Yea from that diâ—â—inction which is made of them we collect that the Pope commits the cognizance of them either in Rome or out of Rome What is it then which is here decreed that such as goe out of Rome shall be committed to the Ordinary of those to whom they are granted Item this is all See now we are well satisfied Of all those so many kindes of dispensations as are in the world an order was taken with those touching pluralitie of benefices touching hereditary succession in them and touching the residence of Prelats And so as we have heard concerning the rest This is the law this is the reformation So that provided the Ordinarie lose not his right of reference all the world must rest content and the Pope as well as others But the second part is the prettiest of all They leave the Pope power to grant out gracious dispensations provided that hee referre the cognizance of them to the Bishops What to doe onely as his Delegates to try whether there be any obreption or surreption in them that is whether his Holinesse were not cheated by false information For in this case he may give way to the impairing of his rights 15 See then here are three things which we complaine of First the approbation of gracious dispensations and the power of granting them which is left to the Pope The second is the delegation which he must make unto Bishops seeing it is a meanes to draw the inhabitants out of the realme or at least to constraine them in case of suit and controversie to demand some other delegates In partibus The third that these Delegates may not judge of the lawfulnesse or unlawfulnesse of the dispensation but onely of the cosenage which the petitioners may have used towards the Pope Seeing these Sirs have made such sleight enquiry into the meanes of remedying those evils and inconveniences which arise from dispensations we are dispensed with their inordinate ordinances And therefore it will concerne us to stand to our
liberties by virtue whereof the Pope cannot dispense for any cause whatsoever with that which is of the law of God or nature or with that wherein the holy Councels doe not allow him to dispense And to that which is set downe in this point by the Ordinances of our Kings which expresly forbid all the Iudges of the land to have any regard To dispensations granted contrary to the Sacred Decrees and Councels upon paine of losing their places and declare furthermore That such as procure the said proviso's and dispensations shall not make use of them unlesse they get leave and permission from his Majesty CHAP. IV. Of Vnions of benefices 1 THe Councel leaves the Vnions of the benefices of Popes disposall at least such as are perpetuall for having made some rules concerning them it addes this clause Vnlesse it be otherwise declared by the See Apostolique The like may bee said of personall Vnions whereof the Pope may dispose at his pleasure by virtue of that clause Saving the Popes authoritie in what concernes manners and Ecclesiasticall discipline So then hee may make them at his will and pleasure and no abuse which he can use therein be subject to censure For from what hand can it come In the meane time see here a notable prejudice to all Christendome and which continually tends to the augmentation of this Papall power in attributing unto him the power of other Bishops to the end that all may depend upon him 2 In the Canon law it is said that Bishops may unite Churches Seeing then it belongs to their ordinary jurisâ—iction it is a wrong to them to take this power and facultie from them to bestow it upon the Pope To whom it is true so much honour hath beene yeelded in France as to receive his Bulles whereby they proceed to the union of benefices provided they be not personall and for the other that they be granted after full cognizance of the cause and upon very just and lawfull reasons And which is more it is not sufficient that those causes bee knowne to the Pope alone that they bee declared in his Bulls but hee is bound to send out his writs of delegation In partibus for the effecting of the said unions with cognizance of the cause and consent of the Patron and such as are any way interested in them Which is as much as to give the power and authoritie to the Bishops reserving the honour to the Poep as appeares by the Collection of the liberties of the Gallicane Church See here the very words of it The Pope cannot make any unions or annexions of the livings of this Kingdome during the life of the Incumbents nor at other times but he may grant out writs of delegation concerning unions which is conceived to bee done according to the forme prescribed in the Councell of Constance and not otherwise and this with the consent of the Patron and such as have any interest in them 3 In the fortie third Session of the Councel of Constance it is said that those unions shall be void which are not made ex veris rationalibus causis upon true and reasonable causes This is the forme which the former Article speaks of If they be made otherwise an appeale is put up to the Parliaments of this Kingdome to stop the execution who have ofttimes cassed and disanull'd such like Bulls upon such occasions and that without any regard of the lapse of time or any other prescription as appears by the testimony of our common Lawyers of France and by the Arrests which have beene granted out So by an Arrest of Paris of the 17 of February 1547 the union made by the Bulls of Pope Clement the sixt with the counsell of his Cardinals and a Commandery of St. Lazarus and another Commanderie of St. Iohn of Ierusalem was cassed and declared to bee void upon the Appeal as from abuse exhibited by the maister of the Order of St. Lazarus a hundred years after and that because it had beene made without any just cause 4 The union of the benefice of St. Saviour with the Church of St. German Lauxerrois in Paris made in the yeare 1456 by virtue of the Bulls of Pope Calixt the third was likewise disanulled by an Arrest of the Parliament of Paris of the first of Aprill 1560 and so above an hundred years after Although by the said Bulls there was a commission In partibus directed to a certaine Counsellour Clerk of that court of Parliament And this because it appeared to the Court that that union had not beene grounded upon any sufficiciently just and necessary cause 5 Another union of divers livings with the Church of Tulles in Limosin made by virtue of the Bull of Pope Leo the tenth in the yeare 1513 was declared to be abusive by an Arrest of the Court of Parliament of Paris And another besides of divers benefices with the Priorie of Limoges by an Arrâ—st of the grand Councell of the 13 of March 1559. Pope Innocent the eight had united the parish Church of Blonu with the Chapter of the Cathedrall Church of Limoges by his Bulls of the 19 of March 1488 upon very colourable and apparent grounds as appears by the Bull which a learned person of our times hath inserted in his works entire But notwithstanding all his faire narration it was anulled fourescore years after by an Arrest of Paris of the last of Aprill 1575 upon the Appeale as from abuse which was exhibited against the execution of it for defect of a Commission upon the place 6 Another Bull had beene granted by Pope Alexander the sixt in the year 1500 for the union of the Parish Church of Doway with the Chapter of the Cathedrall Church of the same place which is quoted by the same authour But the Parliament of Paris upon the Appeale as from abuse exhibited by the Curat of Doway to stop the execution of it disanulled the union by an Arrest of the 1 of May 1575 because there wanted a writ for a Commiâ—sion In partibus Divers other unions besides have beene declared to bee abusive because they were made without the consent of the Lay Patrons and the Bulls have beene annulled as well by the Parliaments as by the Grand Councell 7 Now the Councell of Trent hath derogated from all these Arrests and others of the like kind first whereas abusive unions may be disanulled without any regard to prescription or tract of time by this Councell prescription of fourtie years is approved unlesse it bee in case the Bulls were obreptitious or subreptitious that is unlesse the Pope had false information whereas by the foresaid Arrests no prescription is considerable As for the other which have beene made within fortie years it is said indeed that they ought not to be valid unlesse they were made upon just cause and those whom it concerned were called before the Ordinarie of the place but it
are wee suppose you know very well how the partisans of Donatus of their owne proper motion accused Cecilian then Bishop of Carthage before that ancient Emperour Constantine And he afterwards addes that the Emperour made an end of that Episcopall cause after he had the hearing of it 7 The Emperour Constantius having judged of the great impietie of Actius sent him presentlie into banishment and commanded that he should be carried unâ—o a certaine place of Phrygia saith Theodoret. The forme of proceeâ—ings is set downe by Sozomen a little more at large from whence we learne how Honoratus governour of Constantinople was first elected and deputed to proceed to the judgement of that Deacon and how the Emperâ—ur himselfe tooke it afterwards into his own hand While these twentie Bishops sent from both Councels were at Constantinople together with some others who met there occasionally power was first given to Honoratus whom the Emperour had appointed governour of Constantinople to judge the cause of Aetius in the presence of the Counsellours of the great Counsell But Constantius afterwards having taken the same cause into his cognizance together with the Magistrates Aetius was found to thinke amisse of the faith insomuch that both the Emperour and the rest were greatlie offended with his words full of blasphemie 8 Saint Augustine intreats Apringius proconsull of Africa and Marcellinus the tribune to condemne certain Clerks partisans of Donatus to a more gentle punishment than they had deserved acknowledging them for Iudges in Eâ—clesiasticall causes He speaks thus unto the Proconsul interceding for his enemies Why will you not mitigate your sentence seeing it is lawfull for Iudges so to doe even in other causes which doe not concerne the Church And a little after When their enemies are too mildlie proceeded against men are wont to appeale a Minori Wee love our enemies so well that if we had not a good opinion of your Christian obedience we would appeale from the severitie of your sentence This is spoken by a man which approved their jurisdiction otherwise hee would have said they had nothing to doe to judge of the controversie 9 The Emperour Gratian granted a commission to Sapor one of his chief officers to eject the Arrian Bishops out of their Churches and replace the Orthodox in them according to the law which he had made By virtue of this commission Sapor judged of the difference which was betwixt Paulinus Apollinaris and Meletius in point of Religion deposing the oâ—e and establishing the other Sapor saith Theodoret being appointed Iudge of those matters which were urged on either side adjudged the Churches unto great Meletius Paulinus remained Bishop and Pastor of those sheep whom he had formerlie separated from the rest and Apollinaris being rejected from the government of the Churches begun openlie to publish that doctrine which hee had latelie invented and declare himselfe the head of that sect 10 Maximus the Emperour of the Gaules received the appeale which was put in by Priscillian Bishop of Spaine from the Councell of Burdeaux to whom hee had committed the judgement of him Hee deputed Euodius one of the governours of his Provinces Who after he had heard Priscillian in two judgements hee being convinced of the crime was by him pronounced guilty and sent to prison againe till such time as he had certified the Prince of him The processe being related at Court the Emperour was aminded that Priscillian and his complices should bee condemned to death 11 Sometimes the Emperours themselves or their Officers proceed to the judgements and condemnations of Clergymen with Councels called for this purpose by the authoritie of the same Emperours So Elpidius and Eulogius Magistrates and Officers were commanded by Theodosius to assist at the second Councel of Ephesus where the condemnation of Eutiches was controverted Their Commission runnes thus To be present at the judgement and to take order that a speedy and pertinent proofe be made by the Synod and sent to the Emperour Those who had beene Eutiches his Iudges before being now present but not Iudges 12 Wee read in the Acts of the Councell of Chalcedon of a petition put up by Eusebius Bishop of Dorylea directed to the Emperours Valentinian and Martian where hee intreats them that they would grant the cognizance of the injurie which had beene done unto him by Dioscorus Bishop of Alexandria unto the second Councell of Ephesus and of the death of Flavianus Bishop of Constantinople whereof the same Dioscorus was accused at the Synod of Chalcedon To the intent that it may heare us these are the very words and also Dioscorus and report unto your pietie all that passeth that you may doe in it as it shall please your clemencie Wee read there also another petition of Savinian Bishop of Lesina exhibited unto the same Emperours whereby they are intreated To command that his cause may bee examined in their presence it was so in the presence of the Officers and Magistrates who passed sentence upon it in full Councell ordaiâ—ing that Savinian should continue in his Bishoprique yet with a Proviso Which was agreed unto by the whole Councel Where it is to bee observed that these Magistrates first judged of the cause and pronounced the sentence and afterwards asked the Fathers of the Councel whether they liked it or no. The holy Synod say they having heard what sentence wee have past let them say whether they decree the same or whether they be of another opinion The holy Synod said There is nothing more just nor more upright 13 In the third booke Iuris Graeco-Romani in the first tome we read this Decree concerning the deposition of a Bishop Iohn Amathunt Bishop having been depos'd by Iohn Archbishop of Cyrus and the Decree of that deposition having beene read at the Emperours tribunall having found that he was depos'd by fifteene Bishops and one Archbishop the most holy Patriarch Luke with the assistance of his Synod and the Senate there present ordain'd that such deposition was invalid and of no account because the whole Synod of the Church of Cyprus was not assembled 14 Sometimes the Emperours confirmed the sentence of the Synods containing such condemnations As Iustinian did that of Anthemius Archbishop of Constantinople and of some others deposed by a Synod of Constantinople And that because those condemnations were found to bee invalid if they were not fortified by the Emperours to whom such jurisdiction did properly appertaine Iustinian after hee had made the confirmation aforesaid saith If there bee any other thing contained in the sentence of the most holy Bishops which deposeth and anathematizeth the persons aforesaid wee also ordaine the like more firmely and with more continuance and wee make it of force by our Imperiall lawes just as if it had beene a thing done by our owne command 15 The Popes have so farre beleeved and holden for certaine this jurisâ—diction of Emperours
Monasterie shall not in that case enjoy their priviledge of exemption but shall bee subject to the jurisdiction of the Ordinariesâ— without any commission or delegation from the Pope We ordain by an irrefragable Decree that howsoever exempted persons enjoy their libertie yet upon any offence contract or such thing for which a man may have a sâ—te against them they may be convented before the Ordinary of the place And the Glosse upon it This is true if the contract were made or the crime committed in a place not exempted and if the thing in controversie bee not exempt So Scholars not residing in the Vniversities do not enjoy the priviledges granted unto them So a Clerke taken in a crime having not his Clericall habit on is subject to the jurisdiction of the Secular Iudge 7 In the third Chapter of the twentie first Session Bishops are allowed as Delegates for the See Apostolique to assigne unto all such Cathedral and Collegiat Churches as have no ordinary distributions the third part of the fruits and revenues to bee imployed in the said distributions Which is repeated in the third Chapter of the twenty second Session This derogates from the power and jurisdiction of Bishops to whom the right of providing for the necessities of the Churches subject unto them doth belong As to adjudge the tenth to an Archdeaconrie which hath but little meanes To joyne and unite Chappels to a Cathedrall Church upon evident necessity or commoditie To alter and give away the means of the Church upon just and honest reason with the consent of the Chapter Therefore by the same reason they may convert some part of the revenues of livings to ordinary distributions upon just and lawfull cause with consent of the Chapter without authoritie from the Pope or without any necessitie of his commission Which is valid in this Realme of France especially where the Popes power is regulated according to the ancient Canons and Decrees 8 By the fourth Chapter of the twentie first Session the Bishops are Delegates for the See Apostolique to compell the Rectours of Churches within their Dioceses to take Priests to assist them at the administration of the Sacrament in case they bee not able to doe it themselves And by the sixt chapter of the same Session they are also made commissaries and Delegates to assigne substitutes and assistants to unlearned and ignorant Rectors of Churches Which is also decreed to the prejudice of the ordinary jurisdiction of Bishops to whom of common right it appertaines to appoint such assistants even according to the Decretals of Lucius the third and Honorius the third whereby they declare that Bishops have power and authority to appoint coadjutours to Rectours of Churches in such cases 9 In the fifth Chapter of the same twentie first Session power is given to Bishops as Delegates for the Pope to unite Churches and benefices in case of povertie and such like permitted by the law And yet this is a thing which agrees unto them by their owne proper right even by the confession of Celestine the third It belongs unto the Bishop saith he to unite the Churches of his Diocese and to set one over another Which is elsewhere repeated by the Glosse upon the Canon law And it is confirm'd unto them by the sixt Aâ—ticle of the Ordinance of Orleans See here the words And to the end that Curats may imploy themselves in their Charges without all excuse we enjoyne Prelats to proceed to the union of benefices distribution of tithes and other Ecclesiasticall revenues 10 By the seventh Chapter of the same Session power is also granted them as Delegates for the Pope to transferre the simple livings belonging to ruinated Churches which cannot be repaired by reason of their povertie upon the mother Churches or others in the Diocese having called unto them such as are interested in them howbeit by the same Decretall of Celestine Bishops may submit one Church to another with consent of the Chapter by their owne authoritie without any intervening of the Popes 11 The same Councell in the eighth Chapter of the seventh Session makes Bishops the Popes Delegates for the visitation and reparation of exempted Churches The Ordinaries of the place shall bee bound every year to visite all the Churches even such as are exempted in what kinde soever by authoritie Apostolique and to take order by such remedies as are according to law that those which stand in need bee repaired and that they bee not unprovided of the cure of soules if any have it over them nor of other duties such as shall bee found due It ordaines the like for the Churches which are not within any Diocese in the ninth Chapter of the twentie fourth Session All this derogates from the eleventh Article of the Ordinance of Orleans where it is said That all Abbats Abbesses Priours Prioresses not being heads of the Order together with all Canons and Chapters as well Secular as Regular whether of Cathedrall or Collegiate Churches shall be equally subject to the Archbishop or Bishop of the Diocese so as they cannot helpe themselves by any priviledge of exemption in regard of the visitation and punishment of their crimes By this Ordinance the visitation belongs to the Ordinarie Iurisdiction of Bishops By the Councell it belongs to the Pope and is conferred upon the Prelates as his Commissaries 12 There is yet more which is that by the same Councell the Archbishops and Bishops cannot visit the Churches and Benefices of their Dioceses and take order for the reparation of other things necessary but by virtue of the same Delegation For behold what is ordain'd concerning it in the eight chapter of the twentie first Session It is reason that the Ordinary doe diligentlie provide for all that concernes divine service within the Diocese Wherefore the Monasteries in Commendam the Abbeys Priories Provostships not tied to a regular observance as also the Benefices whether they have cure of soules or no Secular and Regular in what kinde soever of Commendam they bee holden even such as are exempted shall bee visited by the same Bishops as Delegates for the See Apostolique and the same Bishops shall take care by â—onvenient remedies even by sequestration of fruits that necessarie reparations bee made and done By this Chapter the Bishops are deprived of their ordinarie power in case of visitation in as much as they are now made Commissaries in that respect which is contrarie to the ancient custome and the Decree of the Councell of Tarraco registred in Gratians Decret Wee ordaine that the order of ancient custome be observed and that Dioceses bee visited by the Bishops every yeare And if any Church be found destitute that the reparation thereof bee injoyned by his Ordinance Item against the Decree of the fourth Councell of Toledo where it is said That the Bishop ought every yeare to goe over all the Diocese and in every Parish to enquire
in what need of reparation the Churches stand 13 The Royall jurisdiction in France suffers prejudice hereby considering it belongs to the Lay Iudges to take order for such reparations as wee shall prove in another place hereafter But that which is ordained in the tenth Chapter of the twentie fourth Session is yet more exorbitant namely That the Bishops as Delegates of the holy See have power to ordaine rule punish and execute according to the determination of the Canons in all things which concerne the visitation and correction of their subjects Whence it will come to passe that if a Bishop condemne any of the people under his jurisdiction for eating an egge in Lent or any such like thing hee must trudge to Rome to get his sentence made good 14 The like here is decreed concerning the visitation of Hospitals Fraternities and all kinde of sacred places Colledges and Schooles For it is given unto the said Bishops as Delegates for the Popes although it belong unto them by virtue of their ordinarie jurisdiction by the Decree of the Councell of Vienna holden under Clement the fifth at least for asmuch as concernes Hospitals And in our France such visitations belong to the Lay Iudges and especially to the great Almoner who hath the super-intendence of them So saith King Henry the second in expresse termes in his Ordinance of the yeare 1552 Our great Almoner saith he hath the super-intendence cognizance over the Hospitals and Spittles of our Kingdome that they bee well and dulie maintained as well for the reparation of them as for the imployment of the moveable goods thereunto belonging And whether the poore sick folks and distressed persons resorting unto the said Hospitals bee entertained and lodged maintained and fed according to the revenues of the said Hospitals As also to compell the masters and Administratours of such Hospitals to make account of the said meanes and revenues See here that which compriseth every part of the visitation and all that belongs to the office of him that is to bee the visiter 15 By another Ordinance of King Francis dated the fifteenth of Ianuarie 1546 the visitation of the said Hospitals and other charitable places is committed to the Iudges Royall Ordinaries of the place where such Hospitals are situate All Governours and Administratours of Hospitals or other charitable foundations shall be compell'd by our Iudges of the places next adjoyning to give up their accounts of the revenues and administration of the said Hospitals by what titles soever they hold them together with the charters and titles of their foundation if they have any within two monthes after the publication of these Presents Whom wee command and expressely injoyne everie one respectively within his Precincts and jurisdiction that immediatly after the publication of these presents they visit the said Hospitals and charitable foundations to enquire of the revenue estate and reparation of the places and the number of beds and poore people whom they shall finde there It is true that upon the publication of the said Ordinance there was some opposition made by certaine Bishops and Abbats of this Kingdome and by the grand Almoner but upon the said opposition there was no more decreed by the Court of Parliament of Paris but this That out any regard therunto had they should proceed to the publication ordaining nevertheles That within every one of their Ecclesiastical Precincts each Ordinary Bishop or Abbat the grand Almoner might commit and delegate one or two honest men to assist the Iudges who were to execute the said letters patentsâ— yet without hindring or contradicting the said Iudges in such manner as that the Kings will and pleasure might bee put in execution This Ordinance was yet further confirm'd by another of the same King Francis dated the sixth of Februarie 1546. And by another of Henrie the second the twelfth of Februarie 1553. 16 With better reason may wee say that the visitation of Schooles erected for the institution of youth should belong to Lay Iudges Howsoever it bee such visitations are not cases reserveâ— to the Pope and therefore this Delegation is against the rules of the Canon law As is that also which is granted unto them for the execution of things given to pious uses in such cases as are allowed by the Law The Bishops saith the Councell as Delegates for the See Apostolique shall bee executours of all pious donations given as well by last wils and Testaments as by those which are yet alive in such cases as are permitted by the law Now by the ancient Decrees they are executours of such donations Iure proprio Witnesse Gregorie the ninth in a â—ecretall of his Be it that all testaments to pious uses should bee taken care for by the Bishops of â—he places and that all things should be confirmed according to the will of the deceased Howbeit the testatours themselves should have prohibited c. Which he further confirmes in another Decretall The executours appointed by the Testatour after they have undertaken that charge ought to bee comâ—ell'd by the Bishop of the Diocese to performe the will of the Testatour The like was ordâ—inâ—â— by the constitution of the Emperour Anthemius If the Tâ—statour saith he hath expressed the summe of the legacie or Testament in trust given to pious uses without appointing the partie that shall bee executour of his will the Reverend Bishop of the citie where the testatour was borne hath power to exact what was bequeathed to that end executing the holy intention of the deceased without any delay 17 A man might observe divers other Articles of this Councell where such delegations are granted to Bishops and Ordinaries which is as much as to annihilate their intire jurisdiction and devolve it upon the Pope that so all may depend upon him and his power may be so much the greater Wherein many men are prejudiced to wit the Bishops who loose that which belongs unto them having it onely by way of loan or in a precarious manner The Metropolitans who are hereby deprived of the appeals which should come unto them from the sentence of the Bishops And the Lawyers as well Ecclesiasticall as Lay who must bee constrained to goe to Rome either to voyd the appeals which will be put in or at least to get new Commissioners in case hee faile to appoint the judgement In partibus according to the liberties of France which will be as great a foile as can be imagined 18 Weâ— will now speak of Evocations which is another mightie means for the Pope to make him absolute Lord of all Ecclesiasticall justice to get the cognizance of all causes which hee shall thinke good to make his Court more frequented than ever it was This Councell after it had decreed that the judgement of causes cannot bee taken from the Ordinaries by any extraordinarie commissions Evocations nor Appeals it addes Except in such causes as ought to bee tried
before the See Apostolique by Canonicall Constitutions or such as the Pope of Rome shall thinke fit to bee committed or removed upon some urgent and reasonable cause by speciall commission from his Holynesse signed with his owne hand Now hee will alwayes find urgent causes enough to draw the processe to Rome there will never want pretences if hee get but a hole that 's enough how little soever it bee hee will finde meanes to enlarge it And besides who will tell the Pope that the cause is not reasonable That were to make himselfe be pronounced a heretique It is a kinde of Sacriledge to dispute of what hee does yea it is a mortall sinne saith their Glosse upon the Canon law 19 Wee shall here entreat the reader to remember what wee discours'd in the second book touching the Popes attempts in point of justice the miseries that proceed from thence and the great complaints that have beene made of it Wee tumble backe into all these miseries againe by receiving of this Councell The Popes used it formerly by usurpation now they will doe it with some title and so with more licence Wee shall content our selves with setting downe here what was spoken concerning this matter by a whole Councell to wit by that of Basil one of the most famous that hath beene holden in these later daies Divers abuses and intolerable vexations have grown hithertowards whiles many men were very often wont to be cited and called forth to the Court of Rome and that sometimes even for pettie things and were so wearied out with expences and travaile that they thought it more commodious for them to forgoe their right or with great losse to redeeme themselves from such vexation rather than bee at the charges of the suit in a countrey so remote So it was an easie matter for slanderers to oppresse poore men So Ecclesiasticall livings were oft goâ— by wrangling shifts and evasions in the Suit while their meanes were not sufficient for the true owners or others that had right unto them to defray the charges required as well for the journey to Romeâ— as the pleading of the cause there Hence also proceeds the confusion of Ecclesiasticall order when the jurisdiction of the Ordinaries is not preserved unto them The money and meanes of Kingdomes and Provinces are not a little impaired by this meanes and which is a thing acknowledged to bee very harmefull to all Ecclesiasticall Orders those which by reason of their worth were called to the greatest affaires of Christendome were made lesse serviceable in them being too much imployed in the multitude of such causes Such evils and disorders as these gave occasion to the Fathers of that Councell to prohibit all evocations in that kind Which was confirm'd by the Pragmatique Sanction of Bourges in the title Of Causes where the same things are rehearsed CHAP. III. Of giving temporall jurisdiction to Ecclesiasticall persons 1 THis Councell useth such marvellous good husbandrie and carrieth all things so handsomely to its proposed end that at the last reckoning all the world is well appaid except Kings and Princes for whom the springe was set We have seen the Bishops already stript of their jurisdiction and turn'd into their bare shirts Now we shall make it appear that what is taken from them on the one side is restored to them on the other all to the prejudice of Secular powers whose jurisdiction is invaded and usurped upon to the advantage of the Bishop of Rome into whom as into a vast Ocean all these pettie rivers emptie themselves 2 It is a Papall maxime holden for a certain and undoubted truth That all Bishops receive their jurisdiction from the Pope They take an oath unto him else whereâ— and that a very strict one they are bound by this Councel to promise true obedience unto him at the Synods of the Diocese So that there can be nothing ascribed unto Bishops in point of jurisdiction but the Pope hath a share in it as fathers have in the purchases of their children masters of their slaves but their authoritie and power will ever receive some enlargement thereby This preface will serve as a candle to give light unto the interests of Kings and Princes in all the particular cases which shall bee hereafter specified 3 This Councel then to the prejudice of the Secular jurisdiction gives unto Bishops the power of punishing the authours of defamatorie Libels of the printers of them of Sorcerers Conjurers and such like people of those that contract clandestine marriages or are witnesses and assistants at them the cognizance of all causes matrimonial without distinction of all rights of patronage both Lay and Ecclesiasticall the jurisdiction to compell the inhabitants of any parish to allow maintenance to their Parish Priests the visitation of all benefices both Regular and Secular the cognizance of the reparations of their buildings as also the power of sequestring the fruits of the said benefices the power of examining the Kings Notaries and of suspending or depriving them of their office for some fault or crime by them committed the doing of justice upon married Clerks which have their tonsuâ—e in all causes both civill and criminall the punishing of concubinage and adulterie both in Lay men and women the seizing of mens goods and arresting of their bodies causes of Ecclesiasticall jurisdiction and that even of the Laitie Besides this Councell in very many Chapters prohibited all appeals and will have that which the Bishops do to stand without any regard of any appeale to the contrary whatsoever Also it allowes Ecclesiasticall persons to refuse such summons as shâ—ll bee sent out by the Parliaments or other of the Kings judges For the further satisfaction of such as will not content themselves with this bare proposall wee will speake somewhat of every one of these heads for the better clearing of this incroachment of jurisdiction I mean only so farre as concernes the right of our Realme of France 4 Beginning then with the first which is touching defamatorie Libels our civil lawes give the cognizance and jurisdiction thereof to the Iudges and Magistrates not to the Ecclesiastiques Some may bee will except such as concerne point of Religion but this exception is not pertinent and observe this one reason which is sufficient to confute namely that those lawes of Constantine the Great and Constantius which restraine the licence of such Libels were made in a time much like this of ours to wit when divers writings were put out concerning point of Religion against the honour both of one and other Doctour Balduin hath very judiciously observed it It is behoofefull saith hee to remember what manner of times those were of Constantine and Constantius wherein the contentions about Religion not much unlike unto ours gave fire unto the affections of both parties and which afterwards hatched those unhappie calumnies and scandalous
by our Kings unto the Clergy-men the Ordinances made in that behalfe are directed to the Courts of Parliament the baliffes and stewards who are prohibited by virtue thereof to compell them to make the said reparations as appeares by the Ordinances of Charles the ninth dated the 10 of September 1568. The eighteenth of September 1571. The third of November 1572. It hath beene also judged by divers Arrests of the Parliaments of this land which are to be seene in the great collection of them that the question touching the reparations of benefices belongs to the Lay Iudge and not to the Ecclesiasticall 20 As for the sequestration of the fruits which the Councell gives unto Bishops it belongs no more unto them than the other considering that they cannot put it in execution nor have any right of seisure in the goods moveable or immoveable And herein that Decree of Philip the third dated 1274 is worth our observation who prohibites a Bishop the granting the seisure of the moveable goods of a certaine Clerke condemn'd in a personall action considering that those goods were not within his episcopall Iurisdiction 21 But there is nothing more exorbitant than the jurisdiction which is by this Councell given unto Bishops over the Notaries Royall It is a certaine rule that Ecclesiasticall persons have no jurisdiction within this Realme over Lay men save in one case to wit when the question is concerning the sacraments and spirituall things This is so farre true that an Ecclesiasticall Iudge cannot so much as deale in a fault committed by his Lay gaolor for suffering a prisoner to make an escape or in any other offence committed in the gaole as it was judged by an Arrest given in the Great dayes of Poictires the 18 of September 1531 nor in any faults committed by the Proctour of his office if hee bee a Lay man although he have trespassed in the exercise thereof according to an Arrest of Paris of the 11 of April 1532. Now the Royall Notaries are so farre from being nay it is so impossible that they should be under the Ecclesiasticall jurisdiction that on the contrarie the Iudges Royall have authoritie over the Apostolicall Notaries This appears by an Edict of King Henrie the second made at Fountainbleau in September 1547 about the calling in of the Apostolicall Notaries wherein it is said That by the bailiffes stewards and Presidiall Iudges every one in his owne power and jurisdiction a sufficient number of the said Notaries shall bee adjudg'd and limited Which calling being so made by them and every of them his will is That they make choise of the most able and sufficient within their jurisdiction to the number by them determined And for the Notaries Royall it were a superfluous thing to alledge the Decrees which give the Kings Iudges authoritie to punish them in case of any offence or crime by them committed 22 The jurisdiction which is given unto Bishops over such married people as have only the single tonsure is not lesse extraordinarie A married shaveling hath as good as no priviledge at all in France but is reckoned in the ranke of Lay men because of the great abuses which have beene heretofore committed in this Kingdome For to inlarge the Ecclesiasticall jurisdiction the time was when Prelates bestowed that tonsure upon all sorts of people even upon some young infants some servants some bastards and some ignorant and illiterate married men yea and which is more if the Kings Officers prosecuted any offender if he but said hee was shav'd though indeed hee were not the Ecclesiasticall Iudge would straightwaies hooke unto himself the cognizance of the cause by censures and excommunications Which was a meanes of offenders escaping with impunitie because that they might get off by their purse from the Ecclesiasticall Iudges upon which occasion all malefactours inclined rather to this jurisdiction as it is prov'd at large in the Articles which were presented to King Philip by Mr. Peter de Cugneres against the Clergy of France 23 A certaine Queen of England complain'd to Pope Hâ—norius the third of that name that many married men made use of the tonsure to cheat her of the right which belonged unto her as it is recorded in the Decretals By an Ordinance of King Charles the ninth in the yeare 1563 it was decreed that none should bee admitted to sue by virtue of the priviledge of his Clergy to bee sent backe to the Ecclesiasticall Iudge in any case whatsoever whether civill or criminall unlesse hee were a subdeacon at the least which is as much as to exclude all simple shavelings whether they be married or no who notwithstanding shall bee admitted by the Councell of Trent yea in such sort that priviledged cases are not excepted in criminall matters nor personall actions depending upon the realitie and other such like civill matters howbeit that such exceptions have ever beene in force within this Kingdome and that even in all sorts of Ecclesiasticall persons 24 And see here another great prejudice done unto us by this Councell which we must either take a course to remedie or else all the regall jurisdiction on of our Ecclesiasticall persons will come to nothing and wee must talke no more of those distinctions which were wont to bee used in the pallace time out of minde in this regard For if priviledged cases and civill actions which belong to the jurisdiction Royall bee not excepted in the person of married Clerks then much more must wee admit of this new law in behalfe of other Clergy men whose priviledge is farre greater 25 As for Civill actions the Councell confirmes the Decree of Boniface the eighth whereby Secular Iudges cannot condemne married Clerks neither in personall causes nor pecuniary Which words are of a very large extent so great that we may comprehend under them not only actions which are purely personall but such also as depend upon reality all actions of contract reall and possessory For the word Pecuniariter being divided from Personaliter and placed before it in the said Decree will alwayes be understood generally and will â—omprehend within its latitude by meanes of that interpretation they will put upon it whatsoever concernes our patrimonie and all the actions which we can have either for the recoverie or preservation thereof Which they will confirme even by the auâ—horitie of our owne law 26 As for adulteries the usurpation is very notorious it is directly against the Civill lawes whereby the punishing of this crime belongs to the Magistrates not only by those of the Pagans but even by those also of the Christian Emperours The Ecclesiasticall Iudges in France never had the cognizance of such crimes over Lay men but this jurisdiction was left in the possession of the Secular Iudges Yea which is more we read two Arrests of Bourdeaux one against a Bishop another against an Abbat wherby they were condemn'd unto certaine punishments for the crime of
manifest adulterie There are an infinite more Arrests of the Courts of Parliament of this Kingdome which testifie that they are in possession of the cognizance of this crime 27 Leo the tenth acknowledging that this right belongeth to the officers Royall of this Realmeâ— where hee decrees concerning the punishment of Clerks that keepe Concubines when he comes to speake of Lay men he doth no more but exhort them to abstaine from adultery and concubinage as things forbidden by God without passing any further The Ecclesiasticall Iudges have sometimes attempted to usurpe this jurisdiction over the Laitie in case of adulterie but the complaint which was made of it by Mr. Peter de Cugneres on the behalfe of the Iudges Royall which wee may read at this day extant put an end to that trouble And alwaies whensoever the Clergie attempted to meddle in such matters they have beene prohibited by the Parliaments upon appeals as from abuse which have beene put in against their decrees 28 So by an Arrest of Paris of the 28 of Iune 1534. It was determined that a married Lay man cannot be cited before an Ecclesiasticall Iudge for deflowring a Virgin There are two Arrests of that same Court called The Arrests of married whoremongers which are very remarkable one dated the 10 of Iuly 1366 the other the 5 of March 1388 whereby Bishops and Archdeacons are prohibited to cause Lay men to bee cited any more before their officials in case of adultery or fornication with other women than their owne wives There is also an Ordinance of King Saint Lewes the yeare 1254 for the banishment of common whores out of all cities and townes which hee will have to be done by his Iudges and Officers and their goods to bee seized by them 29 The like case is about seizure of goods it being a thing certain in France that such executions are prohibited and forbidden to Ecclesiasticall Iudges by an Ordinance of King Philip the third made in the yeare 1274 which forbids any Bishop to cause any such execution to bee made of the immoveable goods of any Clerke condemn'd in a personall action because the immoveable goods are out of his Episcopall jurisdiction According hereunto a certaine Bishop of Paris was declared not to be admitted into the Court in a pretendure which he made of the power of arresting certaine moneyes belonging to a Clerke inhabiting in certaine lands subject to the jurisdiction Royall and he was cast for attempting it by an Arrest of Paris the second of April 1334. And the reason hereof is that it is holden for a ruled case in our law that Bishops and other Ecclesiasticall Iudges have no territory or other right of temporall subjection as is proved by Mr. Giles le Maistre chiefe President of Paris by divers authorities And upon the same reason the cognizance of reall actions of debt and possessory is forbidden them When there is any necessitie of doing such or such like executions they must implore the aid of the secular arme which cannot be denyed them The Iudges Royall are enjoyn'd by the 24 Article of the Ordinance of Melune made 1580 to aid the Ecclesiasticall Iudges in the execution of their sentences when they implore tâ—e secular arme 30 Much lesse may they proceed by way of imprisonments or otherwise to the execution of their sentences Such Acts are left to the Secular power which they ought to implore But if in any criminall case they decree the Arrest of a mans bodie against those of their jurisdiction they cannot proceed to cause him to be attacht if he be out of their Court but must have recourse to the secular arme And to this purpose it was determin'd by an Arrest of Paris of the tenth of May 1535 That it was ill determin'd and absurdly proceeded by the Deane and Chapter of Mans who judged upon an accusation commenced against a Canon of the said Church that he should be kept prisoner in his Cloister 31 But one of the greatest wounds which the Kings authoritie and the Courts of Parliament can receive is that the power of appealing is taken away even almost in all actions For as for the Popes Bulls and Decrees wee have already prov'd that such appeales cannot bee put in hereafter in as much as he is made to be above a Councell above all Princes and Lords that have any soveraigne dominion in as much as the confirmation of all the Canons and Decrees of the Councell of Trent was left unto him the reformation also of all that concernes Ecclesiasticall manners and discipline and his authoritie in all things reserv'd As for the Bishopâ— and other Prelates of this Kingdome in all the before-mentioned cases it is said expressely that no appeale can be had from their sentences It is true that the Popes authoritie is reserv'd above all so as not onely the Kings inferiour Iudges are depriv'd of their ordinary jurisdiction but the Parliaments also of Appeals unto them as from abuse which have alwayes beene put in from the sentences of the Bishops yea even from the Canons and Decrees of the Provinciall Councels of France and the execution of the Popes Buls and Decrees 32 But there is yet more namely that appeales from abuse made unto the Parliaments in divers other cases is taken away as where it is decreed that no appeale shall bee made from such sentence of the Ordinaries whereby they shall depute a Vicar with an assignement of certaine portion of maintenance in any Cure or Benefice formerly without Cure Wherein there is a double grievance First that thâ— Iudges royall as Bailiffes Stewards and such like are deprived of that seizure which they are permitted otherwise to make of the revenewes of livings â—ine curâ both by the Ordinance of Charles the 6 Anno 1385 and by that of the States of Orleans holden under Charles the 9. Anno 1560 in the eight and twentie first Articles and after that by the Edict of Mâ—lune made by Henry the third in February 1580 Article the fifth upon occasion of the complaints of the Clergie of France and by another of the same Prince the tenth of September 1â—68 The other that our Parliaments are depriv'd of Appeales as from abuse which have alwaies beene used in this kingdome 33 Power is also given unto the Bishops to erect Colledges for the instruction of youth with the advice of two of the most ancient Prebends and to endow them with the advice of foure deputies two of the Chapter and two of the Clergie as also to order the revenewes of buildings and of hospitals tithes appropriated and belonging to lay men so as there can bee no appeale from what they shall determine in this respect Wherein there are divers good grounds of complaint First that the Councell undertakes to erect Colledges in France for the instruction of youth for that derogates from the Kings authoritie who hath provided for this point by the ninth
of law concerning temporall matters which is above their jurisdiction for it disposeth of the administration of Hospitals and their revenues It ordaines concerning the making up of their accounts It compels the people to allow maintenance to their Priests Gives power to the Bishops and Ecclesiasticall Ordinaries as Delegates for the Pope to be the executioners in cases commanded by law of all donations to pious uses as well by last will and testament as amongst the living to visit Hospitals Colledges and Schoolesâ— to take the accounts of lay men for matter of buildings Hospitals alms all customs and priviledges whatsoever to the contrarie notwithstanding To examine Notaries elected by the authoritie Royall and Imperiall as Delegates for the See Apostolique and if they finde them insuâ—ficient or pâ—ccant in any thing concerning their office to suspend them for a time or deprive them for ever It deprives the lay patron of his right of patronage in certaine cases Gives the entire cognizance of causes Matrimoniall to the Church Imposeth a punishment upon ravishers of women whether lay men or Clergy declaring them to be incapable of any dignitie and condemnes them to give a dowrie unto those that they have ravished It gives power to the Ecclesiasticall Iudges to proceed rigorously against lay men that keepe concubines according to the qualitie of their crime in case they make no reckoning of Ecclesiasticall censures And grievously to punish those women which live openly with their adulterers and concubinaries according to the hainousnesse of their crime though no man required them to it and that they bee corrected out of the towne or diocesse of Ecclesiasticall Ordinaries calling in to their assistance the secular arme if need be It prescribes a forme and that a very new one to prove rights of patronage It useth commands to the secular Iudges which they should not receive but from their Soveraigne Princes 3 But one of their greatest usurpations in that regard is that which was made concerning duels First in the verie prohibition of them forasmuch as seeing they were allowed by humane lawes they should have bin prohibited forbidden by them too that so Clergie men intrench not upon lay men but every one contain himself within his own bounds Secondly in the coÌ„fiscation of Cities and other places belonging to the Emperour Kings Princes or any other persons where such duels shall bee fought with their leave Thirdly in the forfeiture of all the goods as well of those that fight as of their seconds To make it appeare that those are notorious usurpations wee will set downe this Maxime That a Councell or the Church hath no coactive jurisdiction over Kings and Princes And likewise this other That a Councell hath no power in temporall matters For the first we affirme that a Councell hath no power save onely over that which concernes the spirituall that is over such things as quicken the Spirit or have beene given by the Holy Ghost as namely the word of God and the mystery of the kingdome of heaven as saith the glosse of Saint Ambrose upon that place of the Apostle to the Corinthians If we have sowne unto you spirituall things is it a great thing if we shall reape your carnall things The reasons hereof are set downe in holy Scripture That the kingdome of Iesus Christ whose imitators the Clergie men are is not of this world That he conveyed himself away when he knew they wold have made him king That when he was desired to be judge concerning the division of an inheritance he said he was not made Iudge nor dividour betwixt them That he commanded to give to Cesar the things which are Cesars That himselfe would pay custome money and cause Saint Peter to pay it likewise That hee submitted himselfe to the jurisdiction of Pilate who was Iudge in Iudea in stead of the Emperour and declared that the power of judging him was given unto him from above That he said to his Apostles That Kings exercise Lordship over them and they that exercise an authoritie upon them are called Benefactors but ye shal not be so The Apostles have said that Clergie men ought not to intermeddle with the affaires of this world have commanded that every creature without exception should obey Princes and secular powers and honour the Magistrate as ordain'd by God Saint Paul appealed to Cesar and acknowledged him for his Iudge Saint Ambrose expounding that passage of the Apostle to Titus he admonisheth them to bee subject to Princes and Magistrates that is saith he Although thou have the spirituall Empire to command in that which is spirituall yet notwithstanding he adviseth them to be subject to Kings Princes heads and their Magistrates because the Christian religion deprives no man of his right 4 Saint Austin in his commentarie upon the same place shewes how the Church doth not attempt any thing upon the lawes of secular Princes For feare saith he lest the name of God bee blasphemed as invading that which belongs unto another and lest it should be thought that the doctrine of Christianity as injust did preach any thing against the civill lawes Saint Chrysostome saith That in the Church we should betake our selves to well doing freely and willingly not by constraint Because as hee addes the lawes have not given us any such power as that wee should punish mens offences by authority â—f a judiciall sentence Saint Bernard speaking to Pope Eugenius the fourth Which power and dignity seemes greater to you that of remitting sinnes or dividing inhâ—â—itance low and terrestriall matters have Kings and Princes of the earth for their Iudges Why doe you incroach upon another mans bounds 5 Claudius Espenseus a Sorbon Doctor proves by many good authorities that Clergie men are subject to secular Princes and owe all honour unto them as to their Lords We will here set downe a piece of it The Aposâ—le saith he conforming himselfe to the patterne and answer of our Saviour instructeth beleevers to be subject to the powers and priviledges of this world Thomas Aquinas hath observed that such admonitions were necessary at that time first to remove the errour of the Iewes who beleeved that they ought not to obey the commandements of men In the second place that they might not make any disturbance in the Church Which some troublesome fellowes not observing it is a wonder to see the hubbubâ— which they have raised on both sides by the controversie which they have moved betwixt the Kingdome and the Priesthood There went many hundred yeares after Saint Paul before this filthy Camarina Chrysostome never suspecting that any such thing would come to passe did simply expound those words Every soule Though saith he thou be an Apostle an Evangelist a Prophet a Priest or a Monke And his interpretation was followed by Theodoret Theophylact Oecumenius and other Greeke Authors Gregorie the first caâ—â—ed the
to the contempt of God and prejudice of Princes doe excommunicate as well Lay men as Clerks and deprive them of the Sacraments of the Church because they are either negligent or insufficient to discharge some pecuniarie debts to the paiment whereof within a certaine time they stood civilly bound 14 The Cardinall of Cambray when hee speaks of the reformation of the Church in the time of the Councell of Constance puts the multitude of excommunications among the number of such things as stood in need of reformation Which saith he the Church of Rome hath imposed by her penall Constitutions and especially by some new Decretals and have thundred them out by their Collectours to the scandall of many men by whose example other Prelates doe cruelly smite poore people with excommunications without any consideration and that for light matters as for debts which must necessarily bee provided for seeing it is against all right 15 Nicholas de Clemangiis in his tract of the ruine and reparation of the Church Hence saith he â— those anathema's so oft repeated which were noâ— used in the time of our forefathers but very seldome and that in criminall causes and abhominable wickednesse forasmuch as a man is hereby separated from the communion of the faithfull and given up into the power of Satan But at this present they have proceeded so farre as to use them ordinarily for very pettie matters yea when there is no fault at all 16 The Lawes and Constitutions of our Princes are conformable to the ancient Canons and to all these demands In the Capitulary of Charles the Great it is said That excommunications be not often used nor without cause And in the Ordinance of Orleans that there bee no proceeding to them but in case of crime and publique scandall It is true that in another Ordinance made 1571 they are limited by the forme of the ancient Canons But this is still the same considering that by them there is no place for excommunications Save for grievous faults Wherein there is sufficient occasion of complaint against the Councell of Trent which contrary to all antiquity allowes the proceedings to censures and monitions for matters of no moment CHAP. IX Disposall of the goods of Religious persons Purchases made by Mendicants Leases of Ecclesiasticall meanes Commutations of last wills and testaments 1 THis Councell would furthermore have all the goods which shal be purchased by religious persons after they have maâ—e their profession to bee taken from them and given to their superiour that is to the Abbat or Aâ—besse to be incorporated to the Monastery This derogates from the nineteenth Article of the Oâ—dinance of Orleans where there is one case which ought to have beene excepted Namely when proâ—ession is madâ— before the age of twenty five yeares by males or twenty by maiâ—s for then they may dispose of their portion left them by way of inheritance already fallen unto them or hereafter like to fall either in a direct line or collaterall to the use and bâ—hoofe of such of their kindred as they shall thinke fit and not of the Monastery And to this effect the Ordinance addes we have from henceforth declared them capable of inheriting and making testaments the said profession or any rigour of law or custome to the contrary notwithanding These last words are added by reason of the generall custome of France whereby all religious persons are incapable of inheriting Since that time the Ordinance of Blois alter'd the time of possession and reduc'd it to the age of sixteene yeares yet alwaies retaining the same rule for as much as concernes successions 2 The same Councell hath made two Decrees very unlike one to another By the one It commands all Regulars as well men as women to compose and conforme their life to the rule whereof they make their profession as the particular vow of Obedience poverty and chastity By the other It gives leave to Mendicants except the Fryers of St. Francis the Capuchins and Fryers Minorites to possesse immoveable goods even to such as are prohibited by their Orders According hereunto the States holden at Blois in the yeare 1576 Vpon the eighteenth of December came a Iacobin to preferre a petitionâ— that according to the Councell of Trent Mendicants might be allowed to possesse immoveables but it was answered they would advise upon his petition by making a generall order for it 3 It is a long time since they procured Bulls from Rome derogatory to their first rules and institutions which they call Mare Magnum but they were never received in France One of our French Doctours prayes to God that hee would take care that this great Sea become not the devils pond The goodliest possessions are at this day in the hands of the Clergy and that in such abundance that some great Doctours have beene of opinion that they ought to bee taken from them And in very truth if they may be allowed to purchase there is no doubt but within a very little time the Clergy wil get all into their hands and will have all the layitie onely for renters and farmers of their goods Howsoever notwithstanding all their dispensations they have in France beene alwayes kept to their ancient abstinence And of this matter there is an Arrest of the Parliament of Paris in the Collection of Gallus given out upon the Vigils of our Lady 1385 against the foure Orders of Mendicants wherein it was said that the Provost of Paris did ill to judge as he did who had condemn'd the heires of Isabel de Bolayo to pay twenty pound Paris of yearely rent to every one of the said Orders to bee received by the said Mendicants for certaine houses in Paris which she had given them to have and to hold for them and their successours for ever Their suit was declared irreceivable into the Court and they condemned to pay charges Gallus gives this reason Because such Donation was contrary to the substance of their Order I have an ancient copie of the Arrests of this Parliament concerning the King and the temporall justice where the fact is related otherwise yet so as the substance is much alike Betwixt the Fryers Mendicants plaintiffes of the one partie and Isabel de Palais inheretrix of Ioan Paumer defendresse on the other party By an Arrest of the Court it was said that the Provost of Paris had not judged right and the said Isabel did well to appeale for as much as he had condemned her to pay and to deliver to each of the said two orders namely the Predicants and the Carmelites twenty pound rent given to them by legacy together with the Improvements and arrerages which should be raised of it and the charges And had determin'd the contrary for the other two Orders because they had not exhibited their titles And it was said by the same Arrest that the said Mendicants ought not to be admitted in the suit which
consid ad Eugen. Pap. Ioannes de Paris in tractat de potest regia et Papalâ— in pro. Idem Ioannes de Paris cap. 8. Marsilius in deâ—ensor pacis ca. 25. part 2. Princes mâ—y impose tâ—â—bute â—pon Clâ—â—ks Marsilius partâ— 2. cap 17. Ambros in Epist de tradend Basilio Hugo de Sancto Victore in tract de Sacrament Marsil part 2. cap. 21. AEneas Sylviâ—â— deortu authorit Imper. cap. 6. Barthol Chassaneus in 4. part Catalogi Can. Si tributum 11. q. 1. Can. magnum 11. l. 1. Can. tributum 23. q. 8. Clergie how fâ—r exempted from taxes L de iis Clericis C de Episcop et â—leriâ— L. placet â— de saâ—râ—sanct Ecâ—l L ad insâ—ructunes C. eod L. ut â—t L omnis Ecclesiarum C. Th. de â—pisâ—â—p Eccles. et Clerie L sub mus C. â—odem L neminem C. â—odem L â—ubemus C. eodem L â— â—â—â—d Cap. 1. de immunitat Eccles. in 6. V. Ioan. Ferrant in tract de jurib privi reg Franc. c. 17 â—ancelot Conrad in templo omn. judic lib. 1. cap. 2. §. 3. num 10. Cap. 1 de immunit Eccles. in â—â— Vâ—notas ad d c. 1. de imâ—â—nit Ecâ—les in 6. Vid Eâ—logam Bullarium motuum propriâ—rum pag. 316. Cap. Clericis lutcos de immunit Eccles. Pâ—ying of teÌ„ths anâ— subsidieâ—â—rohibiâ—ed by Pope Cap Quod oliâ— de â—â—munit Eccles. lib. 3. Extra Aut imposita etiaâ— a sponte dantibus concedentibus recipiunt Ioannes Pâ—trus de Ferrariis in â—orma libelli pro haeredit vel sinâ—ul re in verb. omnis communio pag. â—08 Idem de Ferrariis in form libel quo agit ex substitut in verb ex suo corpore Excommunications abused against Princes V. Ep. Leodiens To. 2 Conc. in edition Colon. p. 809. Epist. Hincmari Rhemensis Episc ad Adrian Pap. Thâ— King of Fâ—ance his priâ—iledge Lanc. Conradâ— Laudenâ—is in templo omnium judic lib. 1. c. 2. §. 3. num 13â— Kings of France not excommunicable Ivo ep 123. Ivo ep 195. Kâ—ngs and â—heir â—hildâ—en â—oâ—â—xâ—ommunicâ—ble Priests preferd before Princes by this Councell Concil Trid. Sess. 25. cap. 17 Cap. Solitae extrâ— de majorib obedient Popes by their account how much greater â—hâ—n Empeâ—oâ—s Can. Quis dubit et dist 96. Can. Si Impeâ—ator dist 96. Cap. Omnis extra de major et obedient pag. 423. Humilitie of ancient Popes Gregor in regist indict 13. lib. 4. Epist. 29. Princes hovv respected ancienâ—ly by Popes Appendix Eutropii Antonius de gestis Francorum lib. 4. c. 10 Guicciardin lib 2. hist. Ital. Synodus Meldensis extat tom 3. Concil pag. 870. Marsil cap. 21. part 2. pag. 318. Petrâ—s de Ferrariis in formâ— libelli quo agiâ— ex substit in ver ex suo coâ—poâ—â— Kings the defâ—ndours of the Church Vid libellum de Eccles Gallic in schismat p. 15 Remonstrance de la Cour de Parlement de Paris art 3. 2 Chron. cap. 19. vers 3,4,5 12 15. 2 King 18.4 Kiâ—gs suâ—remâ—câ—e anciently allowed 2 King c. 2â—â—â— Zonarâ—s tomâ— 3. pag. 38. Vid deâ—ret Bonâ—f Papae in decâ—eto Isidori Gregor in Regist Indict 4. l. 9. ep 60. Idem Greg. in Regist. Indict 12. l. 4. ep 53. Idem Greg. Inâ—dict 4. l. 9. ep 54 V Scriptores coâ—taneos Pithoei p. 499. Ioan de Paris in tâ—act de por Regâ— et Papal c. 21. Pâ—inces to see tâ— the â—â—formatâ—on of the Church Clau. Espens Thâ—â—l Paris in epist. aâ— Tituâ— â—ap 3. digress 10. Naucler gene â— 5. p. 152. Râ—deni l. 2. cap. 43.54.55.64 65. Germanicor Chronic. l. 27 â— 271. Naucl. gen 48. Naucler gener 48. p. 275. Acta Concilii Pisani 2. Princess to see to â—he reformation of â—he Chuâ—â—h Guliel Neubrigensis l. 4. c. 1. Episâ—ola Vniversitatis Paris ad Carolum 6. p. 7. Peâ—â—tions made to Kings for reformation Conrad de Gerlenhusen praepositus Ecâ—les Wormat. in tract de Sâ—hismate pag. 96. Nauclerus generat 48. Church-lawes made by Empâ—â—ouâ—s Claudiuâ— Espenseuâ— in commen in Epist ad Titum cap. 3. digress 10. Church discipline anciently prescribed by Kings Dâ—ut câ—p 17. veâ—s 18,19 Iosh. 1.8 1 Chron. c. 23. vers 2,4 Vers. 5. Vers. 6. Veâ—s 13. 1 Chron. c. 22. vers 9,10 2 Chron. c. 24. vers 4,5,6,8 Vers. 7,8 Capiâ—ul Caroli Magni in praes Pâ—â—ncâ—s may not preach nor administer the Sacraments Regino sub ann 81â— 2 Châ— 29. 11. 2 Châ—on 26. 16. c. Sleidan lib. 1â— not conâ—â—â—dicted by Surius and Fontanus Balsamo in c. 696 Synodâ— in Trullo p. 238. Kings powâ—r in the Church confes'd by Councels Sexta Synod in Trullo c. 38. Et Balsamo in candem p. 219. Mart. p. 336. Can Constantinâ—s Can. Omnes dist 22. Appendix ad Martinum Polonum in Ioan. 22. sub ann 1317. Eâ—clesiâ—sticall lawâ—s made by Empeâ—ouâ—s Can. de illicita caus 24. q. 3. Conc. Meldens Cap. 78. To. 3. Concil Conc. Meldens Cap 28. Tom. 3. Conâ— p. 872. â—apit Carâ—li Magâ—â— l 1 c 91 Can. secundumâ— 23 q. 8. Conâ— Ticinens c. 11. tom 3. Conc. pag. 894. L. Cum recta C. de summa trinitate L. Cum velimâ—â— C. de Saâ—â—osâ—ncta Eccles. Church lawes made by Princes admitted by Popes Concilium Tribunarium apud Rhabâ—num Marsiliâ—s Paduanus in defens pacis cap. 21. pag. 318. Can. de Capitulâ—â— 19. dist 10. Can. legem dist 53. Can Quis aut leges dist 54. Can Si inter Caus. 6. quaest 4 Vid. â—us Graeco-Romanum to 1. lib. 5. pagâ— 517. Spanish and French quarrell for precâ—dence Of this point â—â—e more in Vignier de Bar. Augustinum Cravaliz and other Authors câ—â—ed by M. Selden Tules of honour Part. 1. Chap. â— Ad finem Sess. 25 Decemb. 4â— V. Historiam Concilii Trid. lib. 8. Protestations of the Ambassâ—douâ—s Extat haec protestatio responsio in Actis Concilii Trid. Lugduni impressis apud Rovillium ann 1566. pag. 285. 〈…〉 French took place anciently as at the Lateran Councell Greg. Maguus in registro l. 5. c. 106. Responsio Conc. Trid ad Marchionem Piscar Stanislaus Hosius l. 1 de legit juâ—iciis circa Principium AEneas Sylvius l. 1. commentar Concil Basil. Opinions of Dâ—ctours conceâ—ning pâ—ecedenâ—iâ— a Bâ—ldus consil 418. b Idem in commenâ— ad librum de feudis tit de prohibit feud alienat pâ—r Freder num 24 c Alberâ—â—us de Rosat in rubr Digest de stat â—â—â—in d Anton Corset in tract de potest reg quaest 21. 2â— e Guido Papâ— de 〈◊〉 239 Nicolaus Boerâ—uâ— in ad liâ—â—on ad tâ—actat de authorit Sacr. mag Concil â—hassanaeus in 5 parte Catalogi Gloriae mundi confid 31. f Bonifacius de Vitalianiâ— in prefat super Clement g Suidaâ— in verbo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 â—ancelot Conâ—adus Laudensâ—â— in Templo omnium judicum lib. 1. cap. 2. §. 3 num 12. Pius the 4. his double dealing in this point of precedency Onuphrius in Pio 4. Counâ—â—ll of Trent injâ—â—â—ous to ofâ—câ—â—s of the Couâ—â—s â—f Pâ—â—liâ—mentâ— Sess. 24. c. 19. Recueil