cause though indeed they never want Pretexts to feign a cause and whosever Possesseth by a Title of his own and is content to acknowledge it for another mans Favour is like him who leaving his own ground goes to build on another mans But on the other side when some Prince having broken Patience N. 113. conferred some principal Benefice which the Kings of England and of Sicily oftentimes did the Popes not to engage in Contentions said nothing more to the Prince but not to let themselves be prejudiced they wrought by Practises through the Monks means that the Elected should renounce into the Popes hand promising him he should be invested by the Pope and so should have that quietly wherewith if he had not been contented the Pope would have opposed it and brought all into difficulty Of these Practises then used frequently by the Popes Florentius of Wingerin and Ivo Carnotensis who were Writers in those times make a long Relation as of a thing usually done in Germany and in France with this Form of Words that the Popes took with one hand and gave again with the other This agreement was easily accepted as that which freed one from Trouble and Molestation and the same King if he came to reflect afterwards N. 114. whether he past it as a thing which made no Alteration in effect without considering that it might import for the Future Which manner they now make use of against the Catholick Bishops in Germany who do not obey their Reservations as shall be spoken of in its place In Spain the quiet and prudent Disposition of the Nation together with the good Government of the Kings were cause that in so universal a change they passed it quietly perhaps forwarded hereunto by the Exercise the Saracens gave them which made them think of remaining united to their King and of living in Quietness The Kings never went about subjecting the Clergy more than convenient and they never made a League with Strangers to exempt themselves from the Kings more than their due As soon also as the Kings perceived that the Popes of Rome had by Power by Terror or by Practices obtained something in other Kingdoms they endeavour'd to accommodate themselves according to those things N. 115. in such a manner as might make the least alteration possible in their Government for as touching the Custom of times past the Bishops and other Ecclesiastical Ministers were ordained according to the Antient Custom the abovesaid Alteration being made in other Kingdoms and States they would not lay hold on a Contention with the Popes but by a prudent Complyance they were contented that no Bishop should be Ordained without their Consent and Alphonso the 6th the better to secure himself sought for Vrban the seconds Approbation who granted to the King the JVS PATRONATVS of all the Churches in his Kingdom Those Kings have proceeded quite otherwise than the Germans French and English They were content to acknowledge for anothers favour that which was their own so that it might serve to enjoy it more Peaceably These have striven that they might not acknowledge their own from another mans but all with Prudence These saw there was a way to lose all N. 116. and to become Subjects because the Popes Demand not the utmost scope of his Intention but a Degree of proceeding further his Subjects considered chiefly the Clergy-men inclinable unto Liberty not to say Licence and therefore ready to agree with the Stranger to diminish the Authority of their Prince whereupon they saw it necessary that there should be no Door open by which they might have Recourse But the Spaniards being confident of the quietness of their Subjects had no Reason to fear that suddenly they would move for a Recourse out of the Kingdom but considering the Anxiety of their Affairs in those times they had good cause to fear lest those who had been able to make Subjects Rebel against Princes so much greater than they should use the same Arts and therefore they resolved most Prudently to receive speedily that which greater than they were constrain'd to tolerate after much Wars Now for a Conclusion N. 117. In the time which past between 1122 that Henry made his Renuntiation unto 1145 it was established almost every where that the Bishop being dead the choice of the Successor should be made by the Chapter of Canons and should be Confirmed by the Metropolitan and if the Abbot were dead the Election should be made by the Monks and Confirmed by the Bishop if the Monastery were unexempted If it were exempted it should be Confirmed by the Pope Other Benefices which were de JVRE PATRONATVS were Confer'd by the Bishop on the Patron 's Presentation All others were at the free Episcopal disposing The Popedom of Rome remained for the Prince being Excluded it seemed that it ought to return to the free Election of the People but from the year 1145 Innocent the 2d having a Difference with the Romans and being driven from the City by them ☞ he in Counter-change deprived them of the Power of choosing the Pope In the Troubles which happened for the causes abovesaid many Cities were in an Uproar by the Bishops Confederate with the Pope which revolting from the Emperor N. 118. and were headed by the Bishops whereby they obtained the Publick Incoms and the Regal Rights or Duties and when the Differences were Composed they had taken so firm Possession that the Prince was Necessitated to grant them in Feudo or Fealty that which de Facto they had usurped to themselves by which they acquired also the Titles of Dukes Marquisses and Earls as many of them are in Germany who remain still such both in Name and in Fact but in Italy in Name only which made Clergy-men a great quantity of Secular Goods and the Augmentation was very notable not only during the Troubles of which we have spoken but also in those which followed under the Swevian Emperors The Monks in this time had intermeddled greatly in favouring the undertaking of the Popes against the Princes for which they lost somewhat of their Reputation of Holiness and indeed there was also lost much of the Discipline N. 119. and Regular observance in Monasteries because they intermeddled or crept into the Negotiations of State and of War wherefore their acquiring or purchasing ceased also unless in some little Congregations newly instituted in Tuscany who intermedled not in these Commotions but preserved their Discipline and therefore the Devotion of the People continuing towards them they were instruments of acquiring New Estates but yet not many they being but few But another Occasion happened which caused great Acquisitions in the times whereof hath been spoken which was the Warfar of the Holy Land and the heat of zeal was then so earnest The holy War Contributed great Wealth to the Roman-Church for going and for contributing to the gaining of it that men making no account
forsaken For which Cause about the year 470 't was ordained in the Western Church Ao. 470. Division of Goods Ecclesiastical that four parts should be made one should be the Bishops the second for the other Ministers the third for building of the Church which Comprehended not only the Building of the Place where the People met together but also the Habitations of the Bishops and other Clergy-mens and of the sick and Widdows and the fourth for the Poor But these Poor amongst most of the Churches as St. Gregory relates were meant only the Poor of the place because all the Hospitality belonged to the Bishop page 26. who upon the Expence of his own Portion was Obliged to Lodge the Forraign Clergy and to feed the Poor which came from abroad Yet 't is not to be believed that this Division was in four Arithmetical and equal Parts but Proportionably because in some Churches the Number of the Clergy required that their Expences should be greater than for the Poor on the contrary the great Number of Poor and the small Number of Clergy-men required otherwise even as in the greatest Cities the Charges of Building was great but not so in the ordinary ones because every Church accepting the Decree of Dividing into four parts made the Divisions with different proportions according to their own different Necessities I know that some do attribute this Division to Pope Sylvester who was 150 years before grounded upon some feigned Scriptures after with little Honour to that Age which was not then much Polluted In the Theodosian Codicil Ao. 359. there is found a Law of Constantius and Julian page 27. in the year 359 Exempting the Marchant-Clergy from paying Custome or Tribute because what they gained was the Poors so far are we that the Church Goods should be Divided that they left their gains in Common Ao. 550. but in these years which were about 500 although the Rents were Divided into four parts yet the Estates were not Divided neither the real Estates nor the Oblations and Almes but all Governed together by the Deacons and Sub-Deacons and the Incomes Divided into four Parts which thing hath been necessary to be mentioned in this Place because in Succeeding times there will be declared such a change of Government which in and through all things proved Contrary to the Antient as also the Manner of Chusing Ministers was as is abovesaid Instituted by the Holy Apostles that Bishops Priests Election of Bishops 〈◊〉 and other Ministers of Gods Word and the Deacons Ministers of Temporal things should be Elected by the Vniversality or Generality of the Faithful and should be Ordained by the Bishops with laying of Hands on the Head a thing which lasted without alteration The Bishop was chosen by the People page 28. and Ordained by the Metropolitain in the Presence of all the Cumprovincial Bishops or else by their Consent granted by Letters from those who could not be present and if the Metropolitain was hindred the Ordination was made by three of the Neighbouring Bishops with the Consent of him and of those that were Absent And after that many Provinces for a better Form of Government were Subject to one Primate his Consent was also required for Ordaining Then the Priests Deacons and other Clergy-men were presented by the People and Ordained by the Bishop or else Nominated by the Bishop and with the Consent of the People Ordained by him An unknown man was never received neither did the Bishop ever Ordain one who was not approved of and Commended or rather presented by the People and the Consent or interveening of the People was Judged so necessary that Pope Leo the first treateth amply that the Ordination of a Bishop could not be valid nor Lawful which was not required or sought for by the People and by them approved of N. 29. which is said by all the Saints of those times and St. Gregory esteemed that Constance could not be Consecrated Bishop of Milan who had been Elected by the Clergy without the Consent of the Citizens who by reason of Persecutions were retired to Genoa and prevailed that they should be first sent unto to know their Will a thing worthy of being noted in our dayes ☜ when that Election is declared to be Illegitimate and Null where the People have any Share Thus things are changed and passed into a quite Contrary Custome calling that Lawful which then was accounted Wicked and that Unjust which then was reputed Holy Sometimes when the Bishop was grown Old he nominated his own Successor Thus St. Augustin nominated Eradius but that Nomination was of no value unless it were first approved of by the People all which things are necessary to be kept in mind to compare them with the Customs and Manners which were seen to be practised in subsequent times 'T is necessary now to make a little Digression for a new Cause N. 30. which hath brought a very great Encrease to Ecclesiastical Estates and sprang up in these very times about the year 500 and this was another sort of Religious Colleges called Monasteries Ao. 500. Monasteries Monkery Ao. 300. Monkery began in Aegypt about the year 300 those who fled from the Persecutions and from thence past into Greece where by St. Basil about the year 370 it was formed in the manner which yet continues in those Countries But in Italy about the year 350 it was brought to Rome by Athanasius Ao. 350. where he had but few followers and little Applause in that City and in the Neighbouring Places until that time of about the year 500 when St. Equitius and St. Benedictus gave it a setled Form and difused it though indeed the Institution of St. Equitius Extended it self but little and soon fail'd but that of St. Benedict spread it self all over Italy and went beyond the Mountains Monks nor Clerks but Seculars The Monks in those dayes and for a long time after were not Clerks but Seculars and in the Monasteries which they had without the Cities they lived upon their own Labours of Husbandry and other Arts together with some Oblations made them by the Faithful all which was Governed by the Abbot But in the Cities they lived by their work N. 31. and by that which was appointed for publick Expences by the Church These retained their Antient Discipline much longer The Clerks after the Stock of the Church was divided lost sufficiently of the Peoples Divotion whereupon there were few who either gave or left any more Goods to them so that the Acquisitions and Purchases of the Church would have been at an end But the Monks continuing the living in Common and in Pious Works were cause that the Liberality of the People was not extinguished but forsaking the Clerks turned towards them who were greatly Instrumental in Encreasing Ecclesiastical Wealth and in progress of time augmented greatly in Possessions and Incomes given to them and
left by Will which indeed was then spent by them in the Maintenance of a great Number of Monks and in Hospitality in Schooling and Education of youth and in other Pious Works The Abbot Tritemius makes account that the Monasteries of Benedict in Monks were to the Number of 15000 N. 32. besides the Prepositures and lesser Convents Prepositure The Monks themselves chose their own Abbot who Governed them Spiritually and Ruled also as well the Goods which came by the Charitable Offerings of the Faithful as of those which proceeded from the Labour and Art of the Monks and in progress of time those also which came from setled Revenues But the Bishops in these dayes which Succeeded the year 500 Ao. 500. being become absolute Dispensators of the fourth part of the Church Goods began also to mind more Temporal Things and to make themselves to be followed in the Cities whereupon Elections were no more used as the End of Divine Service but with Seditious Practices Proceeding oftentimes from Practices to Publick Violences for which cause Princes who until then took but little thought of whom should be Elected unto this Ministery began to bethink themselves of it N. 33. being advertised by the Holy men of those times that God had Committed the Protection of his Church unto them and therefore they ought by the Command of his Divine Ministery to take such care that Ecclesiastical Affairs should be Lawfully Managed The Princes also saw evidently how great Impediments were brought against the Quietness of the State and against the good Government of the Common-wealth by the Private Interests of the Ambitious Clergy and by the Seditious Practices which they used to acquire Ecclesiastical Dignities whereupon partly out of Divine Respect and partly for Human they began to prevent the Clergy and the Laity from providing themselves after their way according to their Affections as well because Affairs being altered and the Bishoprick no more shun'd but coveted they made Parties from whence proceeded Seditions and sometimes popular Slaughters by means of the Concurrents as also because sometimes Factious Persons were chosen for Bishops who held private Intelligence with the Princes Enemies which were never wanting in the Western Confusions N. 34. and sometimes Persons were chosen who having gained a Train of People Attempted some Design to Attribute the Jurisdiction of the Magistrate to themselves and would stir up the People to Defend their Enterprises whereupon the Princes Ordained that no Person Elected should be Consecrated without their Consent or the Magistrates the Prince Reserving to himself the Confirmation of the great Bishopricks as in Italy of Rome Ravenna and of Milan leaving the lesser Bishopricks to the Care of the Ministers But taking more heed to the Substance of the thing than to the Appearance when in a City there was an Eminent Subject known to the People to whom all were enclined ☞ and the Prince satisfied that he pleased the People Occurrenza when an Occurrence came he was Consecrated without more ado Sometimes also there happened through Accident of War or of Plague that one had been Ordained before he had the Confirmation of the Prince N. 35. as happen'd to Pelagius the 2d Predecessor to St. Gregory Rome being Besieged by the Lombards after the Siege was raised he sent Gregory who was then Deacon to make Excuse to the Emperor beseeching him to Confirm what Necessity had Constrained him to do In this manner Popes were Elected and Bishops in Italy until the year 750 Ao. 750. with the Imperial Confirmation but in France and in other places beyond the Alps the Regal or the Princes Authority was herein more absolute for the People totally desisted from the Election when the Prince took it in Hand good men forbore because believing themselves to be well provided with Kings esteemed their Interventions Superfluous evil men because they were not certain of being able to bring their Designs to pass whereupon the Kings gave the Bishopricks to them only throughout the Kingdom In all Gregory Turonensis ' History from Clodovius the first Christian King of France unto the year 590 no Bishop was known to be made but by the Command or by the Consent of the King N. 36. and St. Gregory who was made Pope that year writing to the Kings of France upon different occasions Complains to them that the Bishopricks were not bestowed on sufficient men and prayes them to make choice of good and understanding men He never reprehends the Provision made by the Kings when the Person provided was deserving As for Bishops who were chosen without the Authority of the People it was easie to exclude them also from the Election of Priests Deacons and other Ecclesiastical Ministers reducing the Power of nominating them to the Prince only without the Intervention of the People part of them having withdrawn themselves totally from meddling in Ecclesiastical Congregations to attend their Domestick Affairs others through the Inconveniencies which did arise amongst popular Factions and some others for seeing themselves disrespected by the Bishop grown Potent as well by the Riches he had to spend as by his Dependance on the Prince by whom he was Nominated to or Confirmed in the Bishoprick The Prince sometimes Nominated those that were to be Ordained N. 37. at other times he left the Care wholly to the Bishop chiefly when he was fully Consident which Considence was also Cause that the Prince oftentimes made use of the Bishop either to compose Difficalties amongst the People or to determine Difficult Causes the Respect of Religion being the Cause that they were more believed than the Magistrates whereupon they were more intent upon that than in teaching the Christian Doctrine which at first was given them in Charge Therefore when making of a Bishop was in Question it behooved rather to have Respect unto a wise Wordling than unto one understanding in Matters of Faith which remains still unto this time it being said that excepting the Places bordering on the Insidells it is better making a Bishop of a good Jurisconsult or Lawyer than of a good Divine and truly 't is a reasonable thing if the Principall Office of a Bishop were to judge Causes N. 38. Christ our Lord Ordaining his Apostles said as my Father hath sent me so send I you by which they understood to be sent to Teach If now all be sufficiently instructed and there be no more need of it he may attend somewhat else Heretofore the Principal Care of the Bishop was to Teach and the next to oversee the Government of the Poor so that in the second as well as in the first there was some Relaxation and therefore in making the Division into four parts abovementioned the Administration of the Goods being in the Hands of the Clergy and those were they who divided after their way so that where the Bishop and the Priests were Conscionable men the Division was Justly
or wasted and therefore could not maintain the Bishop conveniently the Metropolitan with the Bishops assembled in Councel gave two or more to one Bishop and these Cities were called Vnited as likewise on the contrary when the number of People encreased and that one man only could not supply all one Cure became divided into two yea unto these present times these Methods are Commendably used which are for the Service of God for Spiritual Benefit and for conveniency of the People But after they proceeded to make unions also for the Conveniency of some Pious Place by which means some Benefices became united to some Bishoprick or to some Monastery or to some poor Hospital by virtue of which union the Party Beneficyed seems indeed to have two Benefices but in truth he hath but one Humane subtilty invented being willing to give two incompatible Benefices to one Person to unite the one unto the other during his Life N. 148. so that giving him the Principal the United was also given by Consequence by which means it saves very well the Law of having but one Benefice in appearance but in the Existence there is nothing but the observance of th words with Transgression of the sense The Jurisconsults call it the Fraud of the Law This served also that they might give a Cured Benefice to a young striplin or boy or to any other illiterate Person and without being obliged to receive Sacred Orders by uniting the Cured Benefice to a single one during Life and Confering the single one in Title the Beneficyary remained the Curates Patron also and the words of the Law were very well observed But the Power of Vniting Benefices for Life was never granted to the Bishops for any Cause whatever but reserved to the Pope of Rome only Some Lawyers call it an Vnion in the Name but in Fact it is a Relaxation of the Law and they hold it for Damnable wherefore also in some Kingdoms it hath been prohibited It was long used by the Roman Court N. 149. now 't is no more in use no more than many other Cantelous things not to call them Frauds like these which speak too Legally for the Causes as shall be declared when we come to our times The Commendum had also a good Antient Institution Commendums for when an Elective Benefice became Vacant either Bishoprick Abbey or else a Living which was Jus Patronatus for which the Ordinary out of some Respect could not provide immediately the care whereof was recommended by the Superior to some worthy Person until Provision should be made nevertheless that Person had not Power to make use of the Incoms but only to Govern them and for this an Excellent man was chosen who usually was a Benefic'd man to whom the recommended Cure was a burden with which he was to be contented for the Church service only This could not be called N. 150. having a Benefice recommended unto him but very improperly and therefore in Reality he had not two Benefices although to make no difficulty of speech there arose a Maxime amongst the Canonists that a man might have two Benefices the one in Title the other in Commendum which Commendum at first lasted but until Provision were made afterwards they Commended for a good while which sometimes was long enough wherefore the Pope of Rome forbad the Bishops from Commending for above six months not making the Rule for himself but by a Court Style the Commendum contracted a little Custom not altogether Commendable which was that when the Pope had a mind to give any man a Benefice it could not be done either for want of Age or because the Benefice was Monacal and the Person Secular or for some other respect he Commended it to him so long that he might acquire the necessary qualities for to have the Title of it But finally about the year 1350 all Respects being laid aside the Popes holding the other Bishops strictly to the Term of six months N. 151. they Proceeded to give the Commendum for Life which if it be given to one who hath in Title another Incompatible Benefice he observes very well the words of the Law that two Benefices cannot be given but one in Title and the other in Commendum but the sense is defrauded because that which is Commendatory for Life as touching the Profits is like unto the Titular also giving a Benefice in Commendum to one who hath not the qualities required by the Canons doth not disagree with the Words thereof but 't is given to him in Deed and not given to him in Words the Commendums of Bishopricks and other Benefices are almost out of use in Italy There remains some Abbeys for the Causes which in our times shall be declared By the means abovesaid the Popes drew to themselves great share of the Beneficial Disposals in all the Christian Kingdoms of the West but in the Eastern Churches he was never suffered to dispose of an Atome not only in the last Ages of that Empire when the Greeks were totally divided N. 152. but likewise in the first Ages also when they were united into a Body except that in Syria and in Greece in the times and in the places which were under the Dominion of the French and of the Venetians But the Popes Letters which disposed of Benefices in manner abovesaid although they were indeed for the most part obey'd yet nevertheless not without some Complaint and Murmuring putting it often to dispute whether the Pope could do this or that In Italy none opposed the Pope unless some Pious man for Respect of Conscience and for the Service of God it being besides profitable to the Italians for such were the Roman Courtiers who by means of the Popes ample Authority received Incoms from Beyond the Alps. In Spain the Prudence of that Nation in their Practice deluded the Arts of the Court. In England as in a Region where the Benefices were many and Rich the Roman Courtiers made great gains wherefore in the year 1232 a League was made in that Kingdom N. 153. between the English Clergy-men and the Souldiers against the Roman Clergy-men Beneficed in that Island who were spoyled of their Goods and Incoms The Pope Commanded the King under pain of Excommunication that he should Chastize or Punish and Persecute them with Temporal Arms and that the Prelates should Excommunicate them But they were found to be so numerous that the King durst not meddle with them neither did the Prelates dare to make use of their Spiritual Weapons The Affairs remained quiet for a few years whereupon Pope Innocent the 4th a Genoése took fresh Courage and sent one Martin his Kinsman by whose means he renew'd the Fashions of the Court upon which the English had Recourse to the King Complaining that the Italians got Possession of all Benefices The King Banished Martin from the Kingdom and causing an Account to be made of how much the Pope
treating and speaking follows not that which he is inwardly sensible of The Clerks or Clergy-men are become Administrators of these Goods by Laws which have granted unto Christian Colledges the Power of acquiring Estates N. 227. both by Wills and Donations of those who have bequeathed their Goods and by the Authority which the Church hath given unto the said Clergy in the Canons therefore they are Obliged to Govern and to Dispence these Estates according to the Laws Dispositions Donations and Testamentary Dispositions and according to the Canons and that which might be done Contrary to it cannot be called otherwise than Injustice Injury and Usurpation The Canonists say that the Pope hath most full Power over the Goods and Benefices Ecclesiastical so that he may conjoyn them diminish them erect new ones give them ad nutum Confer them before they become Vacant lay upon them Servitudes Burdens and Pensions and generally that in Beneficial matters the Popes Will is in the stead of Reason or Right This Sufficeth not but they add that the Pope may alter or transform into other Works the Legacies ad Pias Causas and may alter the Disposition of Testators applying that to another which they shall have appointed for a Pious Work and it cannot be denyed that this is the Practice which hath changed all the Government and all the Antient Institutions N. 228. but it remains still in Doubt who does amiss and errs the Antient or the Modern if so much as a Doubt may happen Martin Navarr with some of the more Moderate Canonists limits this Proposition that the Pope may alter the last Wills only restraining when there is a Lawful cause of doing it which otherwise would be to deprive a man of his own and of the Power granted him by the Natural and by the Divine Law coming down also to this Particular that the Pope cannot without Cause give that to one Church which is left unto another therefore how much less unto Persons not called Navarrus saith also that the saying of the Gloss approved by the Canonists That is in Beneficyal Matters the Popes Will is instead and takes the Place of Reason is to be understood only in things which are de Jure Positivo but not in that which cannot be done without disagreeing with Natural and Divine Law And those who give no unlimited Power unto the Pope N. 229. would also exclude the Canons of the Universal Church not to fall into the Absurdity that in a Matter of such Importance the Universal Church should have erred and done amiss and that the Court should do uprightly The said Navarrus adds further that it being said in the Clementines that the Free Disposal of Benefices belongs to the Pope The word Free is or ought to be understood without Licence Leave or Consent and notwithstanding the Contradiction of any man soever but yet without Prejudice of the Third if we should admit of this Exposition as it seems Convenient to be admitted there would be seen a great Opposition to Reservations because they are Prejudicial to the Bishops in the giving of Benefices unto Strangers because it is with Prejudice to those of the Country in whose Favour the Wills are made and it would not be very favourable to the Pretension to have Power or to be able to alter the last Will and Testament being Prejudicial to the Memory of the Deceased I know well that others answer to this that all is true N. 230. when there is no Legitimate Cause but the Point is who shall be Judge of the Lawfulness of the Cause for if it belongs to himself whose Authority is to be restrained 't is as good to give him the Absolute Authority as that which is limited with a Lawful Cause unless the Law be above it Navarrus adds very Notable things saying that in our Age the Opinion of the Jurisconsults which expatiate so much the Papal Power in Beneficyal matters is in much Credit to please those who are Ambitious of many Benefices which they accept as fitted for their Ambition and Covetousness who heard a Divine say Publickly and a Famous Canonist that they would willingly accept of all the Benefices of the Kingdom if the Pope would Bestow them upon them but on the Contrary Pius Quintus told them that the Jurisconsults are wont to attribute more Power than Convenient to the Pope whereto he answered that there are some also which do not Extol but that it behooveth to walk in the middle way having Respect unto Divine and Humane Laws together N. 231. not doing like the Modern Jurisconsults who Magnifie Humane Laws so much that they answer against the Divine However I intend not to Contradict the Opinion which gives so much Power for the Reverence due to the Pope of whom is treated although it Comprehends not how it agrees with Divinity and with Reason I shall only propose some Difficulties which are wont to be Promoted by Writers on such an Opinion which when they shall have resolved truth in this matter will be most clear And first If the Pope hath such an Ample Authority who hath given it him Not Christ because the Authority given by him is only is Spiritual things for loosing and for binding that is for remitting and for retaining of Sins And then the Ecclesiastical Estates are Possessed de Jure Hamano and not Divino and for such it hath been resolved above and therefore he hath not receive this Power from God much less from the Laws of Princes from Testamentary Dispositions N. 232. nor from the Canons of the Churches because all these have given the Administration to the Clergy-men of each Church over the Estates and Benefices thereof and prescribedly also with limited Conditions that they may not be altered therefore he hath it not from these There are no other Patrons in being nor none can have Authority unless granted by these therefore it remains to be Considered from whence and by what other way it hath been given him To this Doubt a second may be added if the Pope hath this Authority what is the Cause that his Predecessors for a Thousand years and more have never Exercized any nor any Antient Doctor nor Councel nor Historian nor Father nor Canon hath so much as made mention of it It cannot be Attributed that there is a necessity for that now which was not in those times because that in the Ages that past between the years 800 and 1100 for 300 years the Disorders were so great throughout all Europe that in Comparison of those N. 233. these at present are Tollerable and indeed no Pope did so much as intrude himself into the Estates of other Churches which had great need of being Governed And after the Popes had begun to interpose themselves in some places until the time of Clement the 4th no man ever pretended to such an Ample and Absolute Power but the said Clement hath not directly published
his Annals with all opportunity and importunity is this that it was with an Impious and a Tyrannical Vsurpation of those Princes and People to intermeddle in the Election of Bishops and chiefly of the Pope not considering that the best Popes have been provided by Princes and that alwayes when Clergy-men only have made the Election infinite disorders have sprung up But that which imports more is that Popes of a most holy Life and Emperors of perpetual memory have commended that Practise and judged it necessary neither can it be now blamed without slandering two Dozen of holy Popes and particularly St. Gregory N. 127. and the Antient Doctrines of the Councils and of the holy Fathers If at first the Mistery had been discovered whereto would have tended this taking away the Investitures from Princes the Clergy would not have been perswaded unto Novelty but they believed their own Interest and liberty were concerned wherefore the Practice began of bestowing Benefices in manner abovesaid every one in his Diocess some by the Election of the Chapters some by Collation or setling of the Bishop and likewise the Pope bestowed those in the Diocess of Rome and medled not with giving Benefices out of his Diocess unless sometimes in one case only that is when any Prelate being gone to Rome either for Devotion or for Business dyed there and in his company there hapned to be some noted Person of the same Nation the Pope immediately Created him in the place of the Deceased and sent him back writing to the Diocess or to the Monastery Lamenting the death of the Deceased and consolating them with the substitution of the Person he had sent them This thing was easily consented unto as well because it hapned but rarely or seldom N. 128. as because it appeared to be the Popes favour also there being no cause of refusing a Person deserving and of the same Country but when the news of the death came to the Place if the Pope had made no Provision already in manner aforesaid they stay'd no longer but provided of themselves according to Custom In nothing else did the Pope meddle with Ecclesiastical Causes out of the Diocess of Rome The Pope of Rome nevertheless was very deserving from all the Clerical order seeing that so many Popes with so much Toyl and Labour together with so much Blood-shed had gained them that Power and Dominion over Benefices and excluded the Princes who from antient times and the People who from the beginning had Possession of that Right wherefore he was held in great esteem by the Bishops who sought to gratifie him all the wayes they could which put the Popes in mind of dealing with the Bishops after that manner as the Emperors were wont N. 129. which was to recommend one to them to be provided with a convenient Benefice At first these Requests seemed very strange to the Princes they opening a door by which Strangers or Outlandish men got an Inlet to be Beneficyed in their Kingdoms and yet they were favourably accepted and answered by the Bishops with gratification who only were intent on the Excluding of Princes never thought that another by depriving them could assume to himself the settlement of Benefices But shortly after through the Profitableness which the Court received from those who made Presents to obtain the Popes favour and for the Charges of Bulls they began to multiply the desires and the Recommendations of the Pope in such a manner that the Bishops became deprived of almost all Collations Whereupon they were sometimes forced to pass without complying with them the Popes found a Remedy for this by adding Commands unto his Requests which were obeyed at first N. 130. but for being too frequent it constrained the Bishops to transgress the Command and without Respect thereunto or to the Censures therein Contained they made Collations in regard to themselves and to their Churches and it behoov'd the Pope afterwards to be content for a thing done and to pardon them seeing there was no other Remedy The course whereby Benefices were obtained in Rome would have been easily stopt but there was a Remedy invented for it at Court for besides the desires and commands they added an Executor who if the Bishop would not confer the Benefice he was to confer it and to punish the Bishop besides for Disobedience However they used that Method but sparingly and when the Bishop had been stubborn But at last for a quicker dispatch they came to yield to Prayers to the Mandate and to Execution altogether Wherefore the Churches and the Bishops felt themselves much aggrieved N. 131. and the Princes and the Nations complained not only for being deprived of their Faculties but also because by that means the Benefices which by a most antient custom were bestowed on the Natives fell all unto strangers who were at the Court of Rome whereupon oftentimes those were made Bishops and Curates who understood not the Peoples Language which they were not apt to learn by reason of the great Difference as many Italians who were Beneficed in England and the disorder grew so great that he chiefly the Curate who understood not the Language of the People was forbidden by the Pope of Rome from having any Benefice reserving to himself the Power of Dispensing Power of Dispensing which did not remove the disorder but only encreased the Charges of the Solliciters or Entreaters and the Profits of the Court they not sticking to give the Reversions unto strangers granting them afterwards a Brief of Dispensation But although such ample Authority which the Court of Rome had assumed to it self was displeasing to men of good zeal yet it was most grateful to a great number of Clergy-men and other Persons desirous of Benefices N. 132. who were subject to Canonical Impediments which rendred them uncapable This sort of Persons no Bishop durst to promote as retaining the due Reverence to the Canons Nevertheless that which no man would do the Pope did easily dispensing against Canons and Ecclesiastical constitutions introducing the saying de Plenitudine Potestatis and the little clause non obstantibus a thing unknown and not heard of in so many Ages which is now put into every Beneficial Bull yea the Popes themselves in the distribution of the Benefices of the Roman Church in good time or times of Prosperity made Profession of being greater observers of the Canons than any other Bishops and one of the glories of the holy Popes as may be seen in St. Leo and his Successors was the punctual observance of the Canons first by themselves then by others neither ought it to be said that these were of less authority N. 133. but certain it is they were of greater goodness and knowledge and they durst not do otherwise than what was permitted unto others whereas afterwards every thing was done at Rome which others durst not do elsewhere St. Barnard who lived in the first times of
these Introductions which although they had not past so formerly as happened afterwards writing to Eugenius the third rebukes them sharply complaining that the City of Rome was the place whereto the Ambitious the Covetous the Simonists the Sacrilegious the Concubine-keepers and the Incestuous had their Recourse to obtain Benefices for they found none who would receive them in other places Rome being the only place which made that Legal or Lawful which every where else was reputed unlawful The Popes themselves could not deny but that the granting of these Expectancies or Reversions were burdensome to the Churches yea Gregory the 9th C. Mandatum de rescrip confesseth it with open words wherefore they were restrained by inserting this little Clause If we have not written for another bringing into Custome N. 134. that every Pope might grant a Reversion upon any Church and no more Besides they were wont afterwards at their entrance into the Popedom to revoke all the Reversions granted by their Predecessor that their own might take place more easily or else that those who had obtained them might be necessitated to have new ones at new Charges for to Confirm them therein as for Elective Benefices which are Bishopricks and Abbeys they gave no Expectancies or Reversions there being no Example of it for they had been bestowed by the Princes but the Court invented other Modes or Wayes whereby they often drew the Collation of them to Rome setting forth many Conditions which were necessarily to be observed before coming to the Elections and others in the Celebration thereof and requiring divers qualities in the Person of the Elected N. 135. adding thereunto that if any of these were not observed the Electors were for that time deprived of the Power of Choosing which devolved it self to Rome Besides this also and for divers Respects of the Electors or for other Causes there arose amongst them difficulties about the Election for which cause one of the Parties would Appeal to Rome where most commonly the wrong was given to both and the Election made invalid and the Collation of the Bishoprick or Abbey for that time was drawn to Rome Also when the Court heard of a vacancy of some good Bishoprick or Abbey which had happened it dispatched immediately a Letter Preceptory that there should be no proceeding to the Election without his knowledge and with an honest shew or colour of helping or preventing disorders which might happen he sent a Person to assist and preside in the Election through whose means by divers wayes and managements the Election was made to fall on him who was to be the greatest Benefactor to Rome There happening then for the causes above written N. 136. that few Elections of Bishopricks and of Monasteries were Celebrated but for some of these Respects were examined at Rome whereupon the Pope mediated or interposed himself in most of the subsequent Elections covering it with the honest Title of Devolution for the publick service seeing that the usual Electors wanted of that which was their due they thought it convenient to put to their hand also either by commanding when it seemed to them that the Electors should not come to the Election without their leave or that they should not chuse but by the Counsel of some Persons nominated by them thus by different wayes they came to assume some share in the Elections also These methods variously used according to the Exigency of Accidents had not the Power of a Law but of Customs or of Reasonableness unto the year 1227 when Gregory the 9th having considered how Theodosius formed the Politick of the Empire Collected his Rescriptions or Decretals and those of Preceeding Princes into a Book N. 137. which was afterwards called the Theodosian Codex And Justinian having accommodated the Antient Laws according to the times then being and reduced the Decrees of his Predecessors into a Body he called them the Justinian Codex So the same Gregory the 9th framed a Politic having reduced into a Body all the Rescriptions or Decretals together with the Accidents which happened serving to the Roman Greatness and having extended that to a common use which had been established for a particular place and perhaps for that special case only and having abolished others called that Book the Decretal of Gregory the 9th which began to lay the Foundation and to establish the Roman Monarchy chiefly in Beneficial matters in which Book there is much more concerning the Edification of Law-fruits than concerning the Edification of Souls The old Collectors of Canons Particularly Gratian made a Collection of all that he accounted proper to the Papal greatness yet not without Changes N. 138. Alterations and Falsifications also of the Places from whence the Sentences were taken and 't was believed by him he had raised that Authority to the greatest height it could attain unto and for those times he was not mistaken but Affairs being altered that Compilement was not for his purpose but after that which he called his Decree followed this Decretal which gave no satisfaction neither but from time to time as the Popes advanced in Authority they framed new Rules for themselves so that in the matter of Benefices neither the Decree nor the Decretal nor the Sesto have any more Room but other Rules as shall be spoken of The great Method which the Court of Rome used in bestowing of so many Benefices drew thither all sorts of Clergy-men those who had none to gain some and those who had to aspire unto greater or better So that besides the old causes this also was added that many became non-Resident which the Court could not dissemble for every Diocess complained that the Churches were without Government N. 139. and attributed the cause of the Evil where it truly was wherefore 't was resolved some Provision should be made for it Therefore it seemed not convenient to the Popes of these times to proceed as formerly with Castigations because the disorder was too common as also because it would have been a means to send all out of Rome which if it should have been done the Court would have remained empty and every one would have endeavour'd to obtain Benefices from his Bishop near to whom he was personally rather than to send Salaries and Messengers to Rome for the obtaining of Expectancies or Reversions However a Medium was found by making of Laws which commanded Residency to that sort of Beneficed men who could expect but little from the Court speaking nothing of others Thus Alexander the 3d in the year 1179 commanded Residency to all Beneficed Persons who had the Cure of Souls The 't was added also all those who had Dignities N. 140. Administrations or Canon-ships of other inferior Beneficed men 't was never said they were obliged to Refidency and much less were they commanded to Reside wherefore by little and little they accounted themselves not obliged to it in such manner there arose a Distinction
Court. There was added the Constituting of another Antagonist at Law if he dyed that the end of him might not be the end of the Law-suit but by his Death there was taken or received another years Revenue and the Continuation of the Law-suit which Multiplying also the Clauses were invented Si alteri Si neutri Si nulli Whereby the Benefice was given to a third man also but only during the Law-suit or Contest of the two first which Constrained Princes for the Removing of Confusions Disorders and Contentions amongst their Subjects to bring back to the Secular Bar or Court the Cognizance of the Possessorio of the Benefices a thing which although Legitimate had been by the Connivance of Princes taken away from the Secular Magistrates and Assumed by the Ecclesiastical Court From the Provisions which were made by some Princes to stop the new Introductions into matters Beneficial within their Dominions N. 188. the Court took occasion to invent others as well to work the same Effects under other Pretexts as to Multiply methods whereby they might do and therewith supply what they could not do where Provision was made In these times Resignations were found out not good and Commendable ones Resignations for they are very Antient but certain others which the World at present Commends not It was never Lawful for him who was put into an Ecclesiastical Charge to leave it of his own Authority and it was very agreeable that he who had dedicated himself to a Ministery and had received the Reward for it which was the Benefice should persevere Administring nevertheless for some Lawful Causes it might happen to be necessary or at least for the Publick or for the Private good that some one might devest himself of it 't was introduced for a Custom that it might be and with the Authority of the Superior for some Lawful Cause he may renounce and the Causes wherein 't was practized were if through Infirmity of mind or of Body or became incapable by old Age N. 189. or if by enmity of Potent Persons on the place he could not make his Residency without Danger When the Renunciation was received by the Bishop the Benefice was esteemed as Vacant and he to whom the Collation belonge'd Conferr'd it in the same manner as if it had been Vacant by Death The Renunciat was introduced in these times not for any urgent Cause but only to bring to pass that the Benefice might be Conferr'd upon one nominated by the Renunciator and as unto a new thing it behooved also to give it a new Name calling it Resignatio ad favorem because it was only made to favour the Resignation that he might have the Benefice 't is indeed at the Superiors Liberty to receive the Renunciation or not but he cannot receive it but by giving the Benefice to the Person Nominated Although this was a way for introducing Hereditary Succession unto Benefices and therefore Dammageable unto the Ecclesiastical Order N. 190. it proved more profitable to the Court by how much the more frequently the Benefice was Conferr'd and by it the first-Fruits Receiv'd Covetousness and other Worldly Affections taught many to crave for and to receive Benefices not with a mind to continue in them but with thoughts of enjoying them until they could obtain better or else until some design of Marriage or other kind of Life were brought about or else until some Youth might come of Age at which he might afterwards renounce a thing which by Pious men was never excused and 't is held for a Common Opinion that whosoever receives a Benefice with a design of Renouncing it cannot with a good Conscience receive the Fruits which some of a larger Conscience they do not mean so generally of all but of those only who do it with an intent to forsake the Clerical Order As for Renouncings ad Favorem which became Emoluments to the Receiver the Court that the Fruit might be all its own Prohibited the Bishops from receiving such Renouncings and reserved that the Pope of Rome only was able to do it N. 191. And because many Beneficed men when they felt themselves near unto Death made themselves a Successor by such a way 't was Ordained by a Rule of Chancery that the Renouncing made in favour of another by a sick Beneficed man should not be of value unless the Renouncer Survived twenty dayes after Consent granted In these times the Fountain of the Oblations of the Faithful seemed to be drained or lessened already while the War of the Holy Land lasted and afterwards for some years whilst there was hopes that it might be renew'd through which means much Gold came unto the Ecclesiastical Order but all hopes being lost the Oblations were stopt Nevertheless Example was taken by this work and the giving Indulgences Remissions and Concessions introduced for those who would lay hold on and Contribute thereunto by some good and Pious work for daily there were new works Instituted for each City N. 192. for which Indulgence was granted from Rome this brought forth much Fruit to the Clerical Order and to the Court which did partake of it and this went so far that in the year 1517 there sprang up in Germany the Novelty which every one knows Helping hand Pope Pius the 5th Provided for our Age by a Constitution whereby he Annull'd all the Indulgences granted by the Clause of Helping-hands that is with Obligation to offer Money a thing which hath not yet stopt the Course of this Harvest For although Indulgences are now given without that Condition nevertheless in Churches are set forth Chests and Trunks and the People believe no Pardon to be Obtained unless they Offer But returning to these years of the Schism for what Concerns the gaining or acquiring of new Incomes and setled Estates for the Churches the hope seem'd to be quite lost The Monks already had no more Credit of Holyness the Fervency of the Sacred Militia not only Luke-warm but Extinct The Fryars Mendicants for all were instituted after the year 1200 had therefore Credit N. 193. because they had totally devested themselves of the Power of Purchasing Estates and made a vow to live upon Oblations only and Alms whereby it appeared that the Augmentation of setled Estates would Cease but a good way was found out which was the granting to the Mendicant Fryars by a Priviledge from the Apostolick See to be able to purchase Estates which by Vow and by Institution was Forbidden them many of their devout Persons were most ready to Enrich them there wanted nothing but the manner how this found out immediately the Convents of Mendicants in Italy Spain and other Kingdoms were become very Commodious in Estates within a short time France only Opposed this Novelty saying that as they were come into the Kingdom with those Institutions of Poverty it behooved they should persevere in the same neither would they suffer them hitherto to
the Councel and have left any works especially of Divinity have Maintained Residency to be de Jure Divino proceeding so far that to affirm the Contrary they esteemed it a deluding of the Holy Scripture and natural Reason it self and all Antiquity but not to provoke the Court against its self they have found out Exceptions by which the Pope may make us Dispensations The Councel spake not of Reservations chiefly Reservations which were encreased above measure because they Concerned the Popes own Person N. 214. wherefore they still remained yea they were Encreased afterwards It seemed that in taking away the Vnions and the Commendums ad Vitam the Regresses and the Coadjutorships were in a great share proceeded if not totally yet the greatest part however a speedy Remedy was found out which not only did the same but much more yea greater than the four above named Pension and that was the Pension 'T is an observation of Godly men that in those times the Court would never be induced that a gainful Abuse should be Abolished or Corrected until it had prepared a greater and a more profitable one but in this 't is very certain to be so and therefore 't is to be observed that it is not a thing of these our times only the laying a Pension upon Benefices only the manner is new and the frequency is peculiar to our times When the Church Goods were in Common the name was unheard of after the Rule or Canon practiz'd by all was made that Benefices should be Conferr'd intirely and without Diminution N. 215. After that the Clergy among themselves gave a beginning of going to Law with them when the Cause was doubtful one side yielding up his Rights if a part of the Incomes was granted him with the name of a Pension Likewise if two Beneficyaries for some good Respect with Authority of the Superior should interchange Benefices if the Incomes were not equal they patch'd up that with a Pension which the Richest left Afterwards also when any one Resigned with Licence of the Prelate Pensions a Pension was left him on which he might live There are Popes Decretals of these three sorts of Pensions which were about the year 1200. And these sorts the French admit of also by Jurisdictions refusing to admit of the others which are those that are given only to afford a livelyhood to one to another because he is well-deserving from the Apostolick See to another because he is Learned or because he is of a gentile Behaviour or because he hath served the Church or the Prelate also because he hath the Popes favour only N. 216. Also to a Youth because his Genius presages a good event or Success All these are just Causes say the Canonists why Pensions may be given and they have no Regard to add that without any Cause the Pope may give a Pension upon any Benefice to any Person he shall think fit and he that receives likewise without any Cause but out of the Popes good Will only with a safe Conscience Now therefore instead that two Cured Benefices were held one in Title the other in Commendum were Vnited ad Vitam and the Party Beneficyed was forced to allow a stipend to him that served in one of them at present 't is given to him in Title and to himself for a Pension the same which he takes and it turns to the same yea to his greater Advantage because he was Subject to give Account of the Errors which his Substitute had Committed and there was some necessity for his taking care of it but thus nothing lyes upon him and the Profit is the same In the like manner he that made a Coadjutor N. 217. or renounced with a Regress ought to take some Care of the Benefice of which he had a share and the which might become all his own but renouncing with reserving a Pension to himself he remains free from all Care and thoughts and if the Resignatory dyes or yields up it concerns him not he hath his Pension free and without Molestation Moreover 't is more Profitable to have a Pension than a Benefice first many Benefices require Holy Orders and the Age of being able to receive them as for the Pension the first shaving is sufficient and sometimes the Age of seven years Besides Pensions are given to Lay-men also as Commonly to the Knights of St. Peter Instituted by Leo the 10th and to those of St. Paul Instituted by Paul the 3d and to the Pious Knights Instituted by Pius the 4th and to those of Loreto Instituted by Sixtus the 5th which may have some 150 some 200 Crowns Pension and to whomsoever the Pope pleaseth Again of Benefices in the times when he that held more than one there was alwayes some fault found with him or they had a saying to him and a Dispensation was necessary which caused some Expences notwithstanding this the Doctors put it in doubt whether a man Secured himself in Conscience N. 218. or no. Pensions may be had to any number without Scruple and there is no Pension Incompatible A Pension may be given with Authority to transfer it to another according to ones own Will and Pleasure a thing which cannot be in Benefices without passing through the Bounds and through the Ceremonies of Renouncing and Renouncings were invalid unless the Resignatory survived twenty dayes but the Pension might be transferr'd also at the Point of Death That which chiefly Imports is that the Pension may be Extinguished which in Italian signifies to make a Sum of Money of it for every Contract made about a Benefice is accounted as Simony To extinguish a Pension signifies nothing else but to receive a quantity of Money to free the Beneficyary from paying the Pension which quantity is Taxed by Agreement according to the greater or to the lesser Age of the Pensionary Formerly before our Age N. 219. there was no way to make ready Money of a Benefice that would have been with an Infinite Offence before God and before men now 't is done Lawfully I have a Benefice of 200 Crowns I renounce it unto Antony reserving to my self a Pension of 100 which I extinguish as soon as 700 are received that is I renounce it and so have made of my Benefice 700 Crowns ready Money without sin Some are so little Penetrating that this circling about seems to them to be the same as if I should sell my Benefice for 700 Crowns but they shew a gross Judgment There are many other things wherein the Pension is much more Commodious as is used at present in Vnions in Commendums in Coadjutorships and in Regresses Some Magnifying the Commodiousness of making Money which the Pope hath for the necessities of the Apostolick See do say that if he should open the Regresses he might raise as much as he would and they shew they understand not matter of Benefices there would not be a Farthing gotten by
also give Authority to whom he thinks fit enabling him in like manner to Concur with the Ordinary or to prevent it as they have since given this Faculty unto Legates with a general Constitution There is nothing more Wonder-worthy in the Consideration of Benefices Election of Ministers belonged to the Faithful than it being as clear as the light at noon day that the Election of Ministers was at first by the Faithful People then it passed unto the Princes after the Christian Faith being received they minded the Affairs of the Church and finally it was reduced unto the Ecclesiastical Order only N. 161. the Seculars being excluded by the Management of Gregory the 7th and his Successors yet there still remained in each Diocess the Election and the Collation of Benefices and of their Offices which since by little and little the Popes of Rome have assumed to themselves by the wayes abovesaid and to be said hereafter Nevertheless the Canonists either out of Animosity or because it is not their Profession to know any thing besides the Decretals have said and do say in our dayes without Respect unto the Notorious Truth which is against it that heretofore the Pope provided all Bishopricks and other Benefices and that he afterwards out of Favour granted the Election to the Chapters and the Collation unto the Bishops it is not to be doubted but one day it ought to be answered in the Articles of our Faith for making a Doctrine to pass into the Church which is so directly contrary to what they caused to be Preached in Former times when Anselmus Bishop of Lucca who wrote three Books against Gilbert the Anti-Pope in favour of the said Gregory the 7th which are still to be found throughout all the second of which by the Authority of the Popes N. 162. of the Holy Fathers of general Councels by the Custom observed from the Apostles time unto his who wrote in the year 1080 Proves that the Election of Bishops by him called Popes belonged to the Clergy and to the People of the same Diocess and that the most Pious Emperors Constantine Constant Valentinianus Theodosius Honorius Carolus Ludovicus and other excellent men for Faith and in Religion never violated such a Custom observed in the Holy Church from the Apostles time and a Constitution of Carolus and Ludovicus Pius being born or Contained in the Chapitolar that Bishops should be elected by the Clergy and by the People of their own Diocess according to the Canons saith that this Constitution is most agreeable to that of the Holy Fathers and no less than if by the Nicene Councel or by any other General Synod it had been Promulgated by the Holy-Ghost through the Mouth of those Emperors where 't is seen that to take the Election out of the Hands of Princes they held for a Tradition that the Contrary of which they are willing now adayes should be Written by the Canonists N. 163. and Believed by us so that of necessity the Canonists must Err or else the Allegations of the Bishop of Lucca have erred And if the Ordination of Bishops in their Diocesses after the manner aforesaid was the Liberty of each one of the Churches as the Fathers and the Councels taught and granted them by our Lord Jesus Christ Let not those talk so disorderly who say the Court hath put all the Churches in Bondage under pretext of defending them their Liberty Seek this time that having spoken in divers Occasions of different wayes of gaining Estates to the Churches I toucht the manner of preserving them which is by Prohibiting all manner of Alienations Alienations a thing Diametrically contrary to that which the Primitive Church observed Wherefore if when 't was Lawful by the Laws of the Prince for the Churches to purchase Estates in Land N. 164. they might retain those which were given or bequeathed 't was therefore in the Bishops Liberty not only to make use of the Incomes but also to sell the very Estates to discharge the necessary Expences in Maintaining the Ministers and the Poor as also to give or bestow according to Exigencies And the Authority of Dispensator granted to the Bishop did not extend to the Fruits only as at present but also unto the Estate it self and to other Chapters which at first was Administred with Sincerity so that there arose no inconveniency thereby and lasted a long time in Poor Churches where the Estates being but small and the Bishops of no great Authority there was no matter or cause of Transgression But in Rich Churches and great ones where the Reputation Emboldened the Bishops to attempt that which would not have been permitted unto all and Abundance gave matter of being able to make use of some part Arbitrarily the Bishops began to exceed the Bounds of Modesty from Dispensing they came to Dissipating against which it was requisite to provide neither the Provision proceeded not from the Clergy-men but from Secular men to whose prejudice it was N. 165. For the Publick Estate of the Church being lessened the Clergy were not suffered to take their Living who were the first but the Poor who remained to the last In the most Principal Churches which were Rome and Constantinople the Provision was also first necessary wherefore Leo the Emperor by a Law of his Anno. 470 Prohibited the Church of Constantinople from every Alienation and in the year 483 Basilius Cecina Praefect us Praetorius of King Odoacre in Rome the See of Simplicius being Vacant by a Decree made in the Church Ordained that the Estate of the Roman Church should not be Alienated which was not found strange by three Succeeding Popes but in the year 502 Odoacre being extinct and all his Power Simmacus the Pope Assembled a Councel of all Italy wherein he proposed as a great Absurdity that a Lay-man should have made Constitutions in the Church N. 166. and by Consent of the Councel declared them Null But lest it should appear that this would tend to disorder a Decree was made in the Councel that the Pope of Rome and the other Ministers of that Church should not be able to Alienate specifying that the Decree should not oblige other Churches but the Roman only The following times shewed there was need of the same Law in all the Churches wherefore Anastasius extended Leo's Law to all the Churches subject to the Patriarch of Constantinople to all which he Prohibited the Power of Alienating But Justinian the Emperor in the year 535 made a Constitution General for all the Eastern Western and African Churches and also for all Pious Places Prohibiting the Power of Alienating excepting only to Feed the Poor in case of extraordinary Famine and to release Prisoners in which Cases Alienation was granted Conformable to the Antient Custom N. 167. of which St. Ambrose makes mention that not only Possessions but also the Vessels were sold for such Causes Justinian's Law in the West
was observed in following times until that Rome remained under the Eastern Empire and there are many Epistles of St. Gregories which make mention of Estates Alienated for the Redemption of Slaves But from the times of Pelagius the 2d unto Adrian the 1st for 200 years the Expence was incredible which the Roman Church made for to recompence it self on the Lumbards as well to cause them to raise the Sieges as that they should not molest the Country and St. Gregory gives good Testimony of it in his time The Doctrine which runs at present was not then in Credit that Ecclesiastical Estates are exempt from Common necessities but quite Contrary those were the first that were to be expended before they came to lay Contributions upon private Houses Much less did it ever come into thought of putting into Controversie the Authority of Princes about making Laws because besides the perpetual observance N. 168. there was the solid Foundation that these were the Churches Goods that is belonging to the Common and to the Congregation of the Faithful so that it concerned the proper Office of the Prince to procure the Conservation of them Afterwards when the Empire was Established on Charlemain the Roman Laws remaining without Authority the abuse returned whereupon divers Prohibitions were made by divers Councels Prohibitions chiefly in France where the Dissipation was greater But after that the Roman Popes had assumed the greatest share of the Government of other Churches seeing that a General Prohibition wrought but little Effect the Prelates wanting no Pretexts to except every particular case from the Common Law they made divers Ordinances from the year 1000 unto the year 1250 prescribing certain little Forms of Solemnity which served for a Bridle and for an Impediment But in this time whereof we speak Innocent the 4th began to declare Null the Alienations made without those Conditions N. 169. and Gregory the 10th in the Councel at Lions Anno. 1274 Ordained they should not be able to Alienate without leave from the Pope besides the Solemnities abovesaid also which hath been observed and is still observed unto our dayes never granting any Alienation but upon evident Utility which hath not wanted for those who have noted it for an express Iniquity seeing that in Contracts never any man seeks for other than for Equality and more cannot be but with detriment to another specially the Canonists to specify what thing this Utility ought to be which the Church ought to receive in Alienation some say it ought to be the Fourth part others the Third part of the Value So that they quite left off selling to feed the Poor in time of extraordinary Famine or to redeem Captives it being Interpreted to be a dammage and not an Utility to the Church Thus things are turned about that which heretofore was a work of a high Perfection in Christians as selling and giving to the Poor N. 170. would now be subject to grievous Censures but Perfection is in retaining Ecclesiastical Estates which much less cannot be exchanged without Evident Utility Abuse of Prohibitions and the Prohibitions for Alienating which were made against the Clergy-men in favour of the Laity are turned about against the Laity in favour of the Clergy But returning to the Declaration of Clement the 4th and 5th and to the Common Doctrine that the Pope may Concur and prevent every Collator of Benefices this was of no great Profit saving in the Vacant Benefices of the Neighbouring places to the Court so that the Vacancy might be speedily known there for as touching those at a Distance his being able to Concur or to prevent was of little use because before it could be known at Court the Provision was made by the Ordinary and had issued the Effect or cast Lots Wherefore 't was invented that which became a total Mutation in the matter of Benefices and destroys totally the Antient Institution of all the Catholick Church Reservations this is the Reservation which is a Decree whereby the Pope declares before a Benefice becomes Vacant that when it shall be Vacant no man shall confer it N. 171. and the Collation which any one shall make is to be of none Effect And because this is an odious matter as the Gloss saith well to make it be received by the World and swallowed down sweetly 't was in its beginning used sparingly by reason the absolute Reservation seemed too hard which Clement the 4th had made of the Vacanti in Curia whereupon Gregory the 10th restrained it to a month only permitting the ordinary Provisions might be made after that Clement the 5th added thereunto the Reservation of the Cathedral Church and of St. Cros's Monastery in Bordeaux for once Pope John the 22d his Successor stretcht the Step a little further and made a Constitution to Reform the Plurality of Benefices Prohibiting the keeping of more than one Curate and another without a Cure with Dispensation excepting the Cardinals Commanding that he who had more should resign them N. 172. and for the future that he who had one Cured Benefice and should receive another was to resign up the First and those which were resigned should be reserved to his Disposal The Bull for the apparent end of taking away the Plurality of Benefices was a specious Reservation though it had no other end than the Profit of the Court passed away as a thing accessory and which seemed at first sight without Burthen because as yet the end whereto it tended was not discovered Here 't is necessary to make a little Halt because this Pope gave many Examples unto his Successors for the Collationing of Benefices which served to heap up Treasures He divided many Bishopricks and when a Rich Benefice became Vacant he was wont to give it to a man who already had another somewhat inferior to it giving that which was Vacant to another prevailing so far in this manner that sometimes for one Vacant he made six Provisions or Promotions by transferring alwayes from one less Rich N. 173. to another more Rich and by providing the least or Poorest with a new Beneficiated so that all were Contented and all paid Annatae He invented also the Annatae or first Fruits a burthen upon Benefices never heard of before him and which for sometimes Created very great Scandals When Emperors or Kings Conferr'd any Benefices if those who aspired to them made any Donative or else Contracted with the Prince or with his Ministers to give any share of the Fruits and Incomes of the Benefices for to Obtain them this was then most sharply rebuked by the Popes who called it an unlawful thing alledging the Gospel Gratis accepistis gratis date and calling the Receit of gifts or of a part of the Fruits a sale of Spiritual things and a Contract by Symonie some proceeding to call it Heresie though some were not wanting in those times to give their Opinion and say that